OLIPHANT papers – copy of Discharge, granted by Christian Oliphant, George Beveridge, Janet Oliphant, & Robert Oliphant; 28th Feb 1821

For some context, and an index to these documents, please SEE HERE.

If you can help with the transcription of these documents please get in touch.

Please click on the images to see the scans at full resolution.

Christian and Janet Oliphant were the daughters of Henry Oliphant (by his first marriage, to Christian Barker). George Beveridge and Robert Oliphant were their respective husbands. Robert was also Henry’s nephew. HERE is a .PDF showing Henry Oliphant’s descendants.

See the “Henry Oliphant estate” tag for all the documents relating to his estate.

OLIPHANT papers; envelope 2; document 8;

Cover; Transcription of cover;

Copy of Discharge
granted by –
Christian Oliphant
Janet Oliphant
Rob’t Oliphant
Geo Beveridge
28th [Feb] [1821]

Page 1; Transcription of page 1;

Be it known to all men by these presents that me Mrs #
Christian Oliphant otherwise Beveridge [spouse] of George #
Beveridge […] [Merchant] in Kirkcaldy and Mrs Janet Oliphant #
spouse of Rob’t Oliphant shipowner [there] Children [procreated] #
of the marriage betwext the deceased Henry Oliphant shipowner #
in Kirkcaldy and Mrs Christian Barker his first wife with #
the special advice and consent of our said husbands #
and we the said George Beveridge and Rob’t Oliphant for #
ourselves and as taking burden upon us for our said #
respective spouses in manner after mentioned #
Considering that the said deceased Henry Oliphant #
by his Trust Disposition and Settlement – dated the fifth #
day of December 1820 did for the causes therein mention- #
-ed and with and under the provisions and declarations #
therein expressed Give Grant Dispone ^ assign and Convey #
to and in favour of Geo: Dougall shipowner in Kirkcaldy, #
Rob’t Oliphant – his eldest son and to such other person #
or persons as they should assume into the said trust in #
virtue of the powers therein committed to them and to the #
survivor or survivors of them accepting the [major] part #
of them alive and accepting being always a quorum But #
Declaring that the said Trustees should act jointly so #
long as no other person is assumed into the said Trust #
us trustees for the ends [uses] and purposes therein and herein #
after mentioned All and sundry the whole heritable and #
moveable real and —- personal estate then #
belonging or which should thereafter belong or be add[able] #
and […ing] to the said Henry Oliphant at the time of his #
decease with the whole [writs] [litter] — [mucher] and #
instructions of his said heritable and moveable #
estate all us therein generally and [particularly] [described] #
But always with and under the burdens and [declarations] #
therein expressed and particularly with and under #
the burden of the liferent – right use and possession #
to Mrs Jannet Hutchison spouse of the said Henry #
Oliphant of that part of the heritable subjects

Page 2; Transcription of page 2;

thereby disponed in which she stands infeft* – conform to the #
instrument of sasine* in her favour therein mentioned #
as also with and under this provision and declaration #
that the said Trustees should within twelve months #
after the decease of the said Henry Oliphant out of the #
first and readiest of his moveable means and effects #
lay out upon good heritable [on] personal security the #
sum of Eight hundred Pounds Sterling for [behalf] of #
each of us the said Christian Oliphant or Beveridge #
and Janet Oliphant taking bonds for the said sums #
payable to each of us in liferent and to the children #
procreated or to the procreated of our bodies equally #
amongst them share and share alike in fee But #
expressly excluding the jus mariti* of our respective #
husbands and declaring that the said sums should #
not be subject to their debts or deeds And also that #
the said sums should be [in full] to us the said #
Christian Beveridge and Janet Oliphant of all #
that we could ask claim or demand in and #
through the decease of our said father or in and #
through the decease of our said mother or of our #
Grandfather by the mother side in any manner #
of way And it is therby also declared that the said #
Trustees should be bound and obliged to divide #
the whole remaining part of the property heritable #
and moveable therby disponed amongst the other #
children procreated of the marriage betwext #
the said Henry Oliphant and the said Mrs Janet #
Hutchison his second spouse [..] Cecilia wife #
Alex’r Anderson Tenant in Chapel, Mary wife #
of Wm Thomson Blockmaker in Leith the said #
Rob’t Oliphant his eldest son and Alex’r, Henry, #
Wm & James Oliphant his other sons equally #
amongst them share and share alike, As the said #
[Trust] Disoposition and settlement containing

Page 3; Transcription of page 3;

Procuratory of Resignation* and sundry other clauses #
and obligating in itself more fully hear and now #
seeing that the said Cecilia Anderson, Mary Thomson #
and Alex’r, Henry, Wm, & James Oliphant have made #
payment to each of us the said Christian Beveridge #
and Janet Oliphant of the sum of Two hundred #
and Twenty five Pounds Sterling making together #
the sum of Four hundred and Fifty Pounds Sterling #
in consideration of our granting these presents #
in manner underwritten of which sums we #
the said Christian Beveridge, George Beveridge #
Janet Oliphant & Oliphant for our respective #
rights and interests do hereby acknowledge the #
receipt renouncing all objections to the contrary #
Therefore we the said Christian Beveridge & #
Janet Oliphant with the special advice #
and consent of our said husbands and we #
the said George Beveridge and Rob’t Oliphant #
for ourselves and our own rights and interests #
and as taking upon us for our said respective #
spouses and all of us with one consent and #
assent do hereby not only Ratify and #
[approve] of the disposition and settlement #
before narrated [executed] by the said Henry #
Oliphant in the whole heads articles clauses #
tenor and contents of the same in so far as #
we are interested therein in any mannor of #
way but also we have Exonered & discharged #
as we do hereby for our several rights and #
interest foresaid exoner acquit and #
simpliciter* discharge the said Trustees #
and all others the heirs and representatives

Page 4; Transcription of page 4;

of the said deceased Henry Oliphant of all claims #
and demands of every kind and description #
which we or any of us have or can pretend to #
have against the said deceased Henry Oliphant #
or against his estate heritable & moveable or #
the said Trustees or the Children above named #
of the said deceased Henry Oliphant or any others #
his heirs & representatives in any manner of #
way preceding the date hereof and particularly #
of all […] part of [year] legitim portion #
natural and share of [Executry] which we the #
said Christian Beveridge and Janet Oliphant #
or either of us can claim from them through #
the death of our said father, mother, or Grand- #
-father by the mother’s side respectively and of #
all action and execution competent or that #
may be competent – to us for the same saving #
always and excepting from these presents the #
foresaid provisions of Eight hundred Pounds #
Sterling settled upon us the Christian #
Beveridge and Janet Oliphant and our respective #
children by the Disposition and Deed of Settlement #
before narrated. And declaring that nothing #
herein contained shall be so [construed] as #
to extend to the said provisions in any manner #
of way. With and under which exception and #
declaration these presents are granted by us and #
shall be accepted by us & no otherwise which #
discharge above written we the said Christian #
Beveridge & Janet Oliphant with advice

Page 5 (inside cover); Transcription of page 5;

and consent foresaid and we the said Geo Beveridge #
and Rob’t Oliphant for ourselves and our several #
rights and interests bind and oblige ourselves #
respectively our heirs executors and successors to #
warrant at all hands and against all [deadly] #
as law will. And all of us consent to the registra- #
-tion hereof in the books of Council & Session or #
any others competent therein to remain for #
preservation and that all necessary execution #
may [pass] upon in decree to be interponed #
hereto in common form for which purpose #
we constitue
Our [Prors]
In witness whereof these presents #
written upon this and the two preceding pages #
of paper legally stamped by John Lun, clerk #
to Henry Gordon Dickson writer to the signet #
are subscribed by all of us at Kirkcaldy the Twenty #
eighth day of February Eighteen hundred #
and Twenty one years before these witnesses #
Simon Dempter, merchant in Kirkcaldy and #
Alex’r Thomson, clerk to me the said Geo #
Beveridge

Simon Dempter, witness
Alex’r Thomson, witness

Christian Beveridge
George Beveridge
Janet Oliphant
Rob’t Oliphant

Notes on terms used in the text;

• “infeft” (top of p.2); Collinsdictionary.com/infeft
• “sasine” (top of p.2); Wikipedia.org/Seisin
• “jus mariti” (p.2); Legal-Dictionary/Jus-mariti
• “Procuratory of Resignation” (top of p.3); TheLawDictionary.org/procuratory-of-resignation
• “simpliciter” (bottom of p.3); Dictionary of the Scots Language / simpliciter

OLIPHANT papers – I, Robert OLIPHANT

For some context, and an index to these documents, please SEE HERE.

If you can help with the transcription of these documents please get in touch.

Please click on the images to see the scans at full resolution.

Closely connected to this document is Robert Oliphant’s “Trust Disposition and Settlement”.

OLIPHANT papers; envelope 2; document 5;

Front page; Transcription of front page;

I Rob Oliphant, ship owner #
of Kirkcaldy, considering the un- #
-certainty of this Life & the propriety #
of settling my affairs so as to [prevent] #
dispute amongst my children #
after my death. Have valued all #
my Heritable & moveable property. #
which I hereby [Dispone] and Convey #
as follows first that my spouse #
Janet Oliphant [shall be] [liferented] #
in my [Heritable] property which #
[she is] […] in [this] 29 Dec 1825. & #
to [enjoy] all her [] lifetime & [to …] #
[rent] of [same]. also [the] [liferent] of #
[all] [my] [Household] furniture #
[silver] [plate] [x..] [x..]. also to be paid #
also a sum of £500 […] #
out of my [moveable] property [twenty] #
[appropriate] [for] [the] [purpose] –

Page 2; Transcription of page 2;

pounds a year – every year during her #
life time – this annuity to be paid – The moveable property con- #
-sisting partly of [shipping] & money amounts #
to about Twenty eight hundred pounds #
I wish to be divided equally share & #
share alike amongst my children #
[…] Henry – William – Rob. – & George #
Christian – Mary & Janet Oliphant #
& should any of my sons wish to have #
their share on the shipping they may #
have it on my trustees [fixing] the value #
of [same] [at] the time [this] [takes] [place] – #
There is a sum of about Five hundred #
pounds [excluding] of the above £2800 for #
the twenty pounds a year for my wife #
Janet Oliphant

Page 3;

Transcription of page 3;

[It is] [this] day [contracted] [&] formaly agreed on #
between Rob Oliphant shipowner in #
Kirkcaldy & His spouce Janet Oliphant #
who has at [present] [seven] Children alive #
(of their marriage which [took] place the #
5 Janu 1797) […] Henry, William, Rob, #
& George – sons Christian, Mary & Janet #
Oliphant. That in consideration of the [uncertainty] #
of this life & that no difference may [take] [place] #
[with] […] Children at either of our Deaths. #
we have this […] mutually valued our Property #
which is the whole Heritable & moveable #
amount to — £4800 – #

that Having [duly] [considered] [all] the [matter]. I [have] #
[life…]. my spouce Janet Oliphant in my #
Heritable property. [valued] at £1500 which #
she is […] [&] to [enjoy] Her life – also to [be] #
[paid] £400 – [all of] [my] moveable property which #
is to be [in] Her disposal [&] to be [divided] [on] her [death] #  
to my Children. equally […] […] […]

Page 4;

Transcription of page 4;

[most] […] after the above […] [there] #
[will] remain about – £2800 – Which #
I [wish] to be [divided] amongst my […] #
Children when of age – & [at] the #
Death of their mother. [the] [heritable] #
Property [valued] [at] £1500 – [to be] #
divided equally – […] them to pay #
[each] of [their] [sisters] […] £200 #
[each] – [I] […] [this] […] [&] #
[…] [on] my trustees Mr John [Prack] #
G.Dougall – G.Oliphant – Hy.[Barker] #
[&] [my] [oldest] […] Hy.Oliphant

OLIPHANT papers – Settlement of George BARKER – in favour of his grandchildren – 1784

For some context, and an index to these documents, please SEE HERE.

If you can help with the transcription of these documents please get in touch.

Please click on the images to see the scans at full resolution.

Here is a family tree of George BARKER, his daughters, and grandchildren;
George BARKER descendants tree Jan2016version
There is also an Outline and a Report of George BARKER’s descendants (up to 4 generations).

George BARKER’s Disposition (of the same date) is HERE.

OLIPHANT papers; envelope 2; document 2;

Cover;

Transcription of cover;

Copy
Settlement
George Barker
In favour of
His Grandchildren
1784
8th October 1789 [prod… &]
registered […] John
Philp & John Malcom
Baillies. David Anderson
[…]
Booked

Inside (top of page);Transcription of inside (top of page);

Know all men by these present, me George Barker Shipmaster in Kirkcaldy In order to #
prevent all disputes at my death am resolved to settle my affairs and make the following #
destination of my moveables Do therefore give Grant assign and dispone one #
third part of my whole moveable and [per]sonal estate [G]oods and […] [Debts] and sums of #
money ([…] moveables and […] cloths included) that shall belong and be [resting] to me #
at my death to and in favour of the children equally of my daughter Mary with William #
Oliphant shipmaster in Kirkcaldy both now deceased the names of said children being #
Christian, Robert, George, and Mary Oliphant, and another third part of my said #
moveable and personal estate to and in favour of George, Thomas, and David Dougall #
equally being the children of my other daughter Agnes with George Dougall #
Shipmaster in Kirkcaldy both also now deceased, and the remaining third part of #
my said moveable and personal estate to and in favour of Christian and Janet #
Oliphant equally being the children of my other and youngest daughter now #
deceased with Henry Oliphant, Shipmaster in Kirkcaldy. [In…agating] and […] #
my said [several] Grandchildren above named in my [full] [sight] title and [place] of the #
[premesses] and [nominate] and [appoint] them to be my Executors according to the above #
dicision Dispensing with the [generality] of these presents and [admitting] the […] to #
be as [solid] and [effectual] as if my whole moveable subjects household furniture and #
debts had been specially moved herein and [I de..] and appoint [that] before any [division] #
of the funds hereby assigned take place by [virtue] hereof my death bed and funeral #
expences and all my debts shall be satisfied and paid as [well] as the sum of thirty #
pounds sterling to Agnes Bett […] in Kirkcaldy which I bequeath to her #

Inside (bottom of page);

Transcription of inside (bottom of page);

for good […] [payable] within six months after my decease and also a debt of forty #
pounds Sterling and interest thereof from the [fifteenth] of […] Seventeen hundred and #
Twenty six [till] payment being money borrowed by me from my daughter Mrs Dougall #
and I gave […] [or] thoer [Voucher] And the remainder of my said moveable funds to be #
divided by a three part division in terms hereof. And in regard [that] during the #
lifetime of my said daughter Mary I advanced her and her husband William #
Oliphant to the extent of One Hundred and eleven pounds Sterling therefore and #
in order to make the Children of my daughter Agnes equal I give up and discharge #
in favour of the said three Children of my daughter Agnes a [debt] of [two thousand] #
[Merks] which I paid for them to the heirs of Robert [White] [Mariner] in Kirkcaldy [conform] #
to an [assignation] in my favour dated the [third] and sixth days of February [Seventeen] #
hundred and [Twenty] two Years which I order to be delivered up to my said three Grand- #
-children and I having claims upon my other daughter and Henry Oliphant to the [extent] #
of One hundred and Sixty four pounds Sterling which I [compute] to be [fifty] five #
pounds more than I have given my other two daughters or their families therefore and #
to make an equality I […] the share of my moveables falling to the share of #
the Children of the said Henry Oliphant [&] with the payment of the said [fifty] #
five pounds Sterling One half thereof to be paid to the Children of George Dougall #
and the other half to the Children of William Oliphant and I appoint that #
the said debt […] by me from Mrs Dougall and interest thereof shall #
be paid out of my funds [without] any [conformation] to her Children equally #
declaring that I have no other claims upon my said daughters their husbands #
or families then what is above specified and settled by these [presents] [Res…ing] #

Will Drysdale, witness
Will Michie, witness
John Barker, witness

(signed) George Barker

Back page; Transcription of back page;

always to me not only my life rent of the subjects hereby conveyed but also full and absolute #
power over the same and to use and dispose thereupon as effectually as if these [presents] #
had not been granted and I [dispensed] with the not delivery hereof in my own #
lifetime and declare the same to be as [valid] and effectuall as if delivered and a #
good deed [altho] found lying by me or in the custody of a [neutral] person at my death #
any laws or practice to the contrary [nor] with standing and I hereby appoint the said #
Henry Oliphant to be Tutor and Curator not only to his own two Daughters but #
also to the Children of his said Brother William Oliphant for managing the #
subjects hereby assigned to them declaring he shall not be liable for [Amissions] but #
also (for) his (actual) [Intebmissions]. Consenting to the registration hereof in the [Banks] #
of Council and Session [burrous] [court] Books of Kirkcaldy or others competent #
for [preservation] and therets I constitute. #

My [Procurators] in witness whereof these presents (written #
on stamped paper by William Drysdale town clerk of Kirkcaldy) are subscribed #
by me at Kirkcaldy the eight day of May One Thousand Seven hundred and #
eighty four years before these witnesses; William Michie, taylor in Kirkcaldy #
John Barker, apprentice to the said William Drysdale, and the said William #
Drysdale.

signed

William Drysdale, witness
William Michie, witness
John Barker, witness

(signed) George Barker

.

OLIPHANT papers – Trust Disposition and Settlement by Robert OLIPHANT

For some context, and an index to these documents, please SEE HERE.

If you can help with the transcription of these documents please get in touch.

Please click on the images to see the scans at full resolution.

The “Robert OLIPHANT” who is writing here, and his wife Janet OLIPHANT, are my 4x gt-grandparents. Their daughter, Mary, married Robert HUTCHISON.

There is a closely connected document, by Robert Oliphant, HERE.

OLIPHANT papers; envelope 1; document 7;

Cover;

Transcription of cover;

Trust Disposition and Settlement by Rob[ert] OLIPHANT, in favour of …

Page 1;

Transcription of page 1;

Know all Men by these Presents that I # Robert Oliphant, shipowner in Kirkcaldy considering the # uncertainty of this life and the propriety of settling my # affairs so as to prevent disputes at my death amongst my # children have [resolved] to grant these [presents] in [manner] # under written. Therefore and for the love favour and # affection which I have and [bean] to my children [afternamed] # and designed and in consideration of the confidence # which I have in the Trustees after named and designed # I have given Granted and disponed like as I hereby with # and under the provisions and declarations after expressed # hereby give grant dispone assign and convey to and in # Favour of […] John Pratt, manufacturer, [Links], Alex[ander] Forsyth, # writer, Edinburgh, Geo[rge] Beveridge, [wood] merchant, Geo[rge] Oliphant, shipowner, [&] # Wm (William) Williamson ship[…]. and to such other person or persons as they shall # assume into this Trust in [virtue] of the powers herein # after committed to them and to the survivors or # survivor of them accepting the major part of them # alive and accepting being always a quorum. But # declaring that the said Trustees shall act jointly so # long as no other person is assumed into this Trust # as Trustees for the ends uses and purposes aftermentioned. #

All […] and heritages now belonging or which shall # hereafter belong to me with the […] […] and # evidences there of conceived in favour of me, my authors, # and predecessors and all that has followed or is [competent] # to follow thereon; As also all debts and sums of money # due and owing to me or which may be resting [owing] # to me at the time of my decease by bond, bill or # in any other manner of way with the [whole] vouchers # and instructions thereof and all that has or can follow # thereon with my whole shipping and moveable # property of whatever description the same may be # and particularly without prejudice to the foresaid # generality. All and Haill these Tenements of land # with houses and buildings erected thereon as […] # occupied ~

Page 2; 

Transcription of page 2;

occupied by myself Bounded with the high street # on the South, the lands which belonged to Baillie # James Williamson thereafter to Alexander Gray on # the west, the lands formerly pertaining to the Sailors # Poor Box of Kirkaldy on the East and North parts # thereof. Also all and Haill these Roads of land # lying within the burgh of Kirkcaldy and parish thereof # now occupied by myself Bounded with the lands # belonging to Alex[ander] Ingrams heirs on the east, the # lands of David Landale on the West, St Mary’s # Well on the North, and the yard belonging to George # Davie and a yard formerly belonging to Mr Ferguson # of Raith now to myself [per] Desposition dated the # Twenty ninth day of October, Eighteen hundred and # twenty four, on the South parts thereof. Also all # and Haill that piece of enclosed ground commonly # called the coal yard, Bounded by the highstreet # on the south, the Roads of land afore mentioned # belonging to myself on the North, David # Landale’s property on the west and George # Davies property on the east parts thereof # acquired by me from Robert Ferguson Esq of Raith # and now occupied by myself. Also my right # of that entry leading to David Landale’s property # and my own which is mutual per his # letter dated the fourteenth January, Eighteen # hundred and Seventeen, Together with # all right Title and interest claim of # right property and [possession] which I my # authors and predecessors, heirs and successors # had have or any ways can have claim # or [pretend] to the said several subjects # and …

Page 3; 

Transcription of page 3;

… and others in time coming But always with # and under the [burden] of the life rent right # use and [possession] to Janet Oliphant my wife of that # part of the said subjects in which she stands in [left] # in life rent conform to Instrument of Seisin [&] dated # the twenty ninth and recorded in the Burgh # Records of Kirkcaldy the Thirty first day of # December, Eighteen hundred and Twenty # one years. Declaring as it hereby expressly # provided for and declared that my said trustees # shall [be] [bound] as by [acceptation] here of they # bind and oblige themselves within Six # months after my youngest son shall be a # Major or … … years of age to divide my # whole property, heritable and moveable # hereby disponed amongst my children # [viz] the said Henry Oliphant my eldest son # William, Robert, and George Oliphant my # other sons and Mary and Janet Oliphant # my daughters amongst them share and # share alike equally and in the event of # my said children differing about the division # [so] to be made. Then and in that case my # said Trustees shall sell and dispose of # my whole heritable and moveable property # and divide its free proceeds among my said # children in like manner after deduction of # all necessary expences and in the event of any # of my said children [predeceasing] me their # nearest and lawfull heirs and assignees # shall succeed to the share or shares of my said # property which would otherwise have # […] upon them. And also declaring # that my said children shall pay the said # Janet Oliphant – their mother a [fee] # yearly …

Page 4; 

Transcription of page 4;

… yearly annuity of £150 Pounds Stirling per annum # during all the days of her lifetime by equal portions # and shall secure the same heritably if required # by her so to do and over and above the life rent of the # subject in which she is already [in.e.t] as aforesaid # and the life rent of my whole household furniture # Books bed and table linen and household # [furnishing] which shall pertain to me at the time # of my decease begining the first terms payment # thereof at the first [term] of Martinmas or Whitsunday # after my decease for the [forsaid] [betwext] my death and # that term and the next terms payment thereof at # Martinmas or Whitsunday thereafter for the half # year preceding with the legal [interest] thereof # and a fifth part more of each terms payment of # liquidate penalty in case of failure and so on half # yearly [during] all the years of the said Janet Oliphant’s life # time. And moreover I hereby empower my trustees # or the survivors or survivor of them or quorum of them # to sell and dispone of the whole or any part # of the subjects as [shall] heritable as moveable # hereby conveyed to them and that either by # private sale or public sale and for that purpose # to execute articles of [route] or minutes of private # sale and thereafter to make grant subscribe # and deliver dispositions and convey [all …] to the # purchaser or purchasers and other writs # necessary containing all usual and necessary # clauses [binding] me, my heirs and successors in # absolute [mar..an dice] of [such] sales as also to # take and receive from such purchaser or purchasers # such securities for payment of the price or prices # and to appoint such terms of payment thereof # as they shall think proper and to uplift and # discharge the said prices or produce of my said # effects …

Page 5; 

Transcription of page 5;

… effects Declaring that the purchasers shall be no […] # concerned with the application of the prices that be # fully [exonered] by the simple discharge of my said # Trustees and I hereby authorise and empower my # said Trustees or survivors or survivor or quorum of # them to assume any person or persons as Trustees to # be joined with themselves in the management # of the affairs hereby committed to their care Declaring # that the said Trustees so to be assumed shall have the # same powers and privileges vested in them as are hereby # vested in the Trustees before named. Further I hereby # nominate and appoint the said Trustees my sale # executors and universal […tors] and [intromittors] # with my effects [debarring] all others there from And # Lastly I hereby declare that my said Trustees shall # not be liable for omissions but each for his own # actual intromissions only In which heritable # objects above conveyed I bind and oblige # myself and foresaids to Infeft and seise the said # Trustees and the survivors of survivor of them or their # assignees and that by Resignation as aforementioned # and for that purpose I hereby make and Constitute #

and each of them jointly and [severally] any lawful # and irrevocable procurators for me and in my name # to compear before the Provost or anyone of the Bailies # of the Burgh of Kirkaldy for the time being and [those] # with all due reverence and humility by staff and # Batton as use is to Resign and Surrender like [as] # I hereby resign and surrender up give over give and # deliver – All and Haill the foresaid [tenements] # of land and others laying within the Burgh # of Kirkaldy and [particularly] above described # In the hands of the said Provost or any one of the said # Baillies as in the hands of his Majesty immediate # lawful …

Page 6; 

Transcription of page 6;

… lawful [superior] there of. In favour and for [new] # [inseston..t] of the same to be made given and granted # to my said Trustees or to the survivors or survivor of them # or their assignees heritably and [irredeemably] in such # and competent form as effeirs But in Trust # a [livays] and with and under the declarations and prove- # -sions and for the ends uses and purposes herein mentioned.

Acts Instruments and Documents in the premises # to ask and take and [generally] every other thing […] # the same to do that I could do myself if personally # present or which [to] the of procuratory in such # cases is known to belong and pertain [promitten] [derato] # which tenements of land and others above disponed # with this right and disposition thereto and [Ins.stments] # to follow [here on] I Bind myself and foresaids to # [warrant] to my said Disponees and their foresaids at # all hands and against all mortals Moreover I # hereby assign any said Disponees and their foresaids # In and to the Rents [Maills] and Duties of the # said subjects from and after the time of my decease # and [voidents] rights titles and securities of the said # subjects with all that has [followed] or is [com-] # [-petent] to follow thereupon for ever which # assignation above written I Bind and oblige # myself and foresaids to [warrant] to my said # Disponees and their foresaids In so far as # concerns the rents from fact and deed only. # [Reserving] a [livays] my liferent right use # and possession of the whole property heritable # and moveable hereby conveyed with power # to alter innovate or cancel these presents # in whole or in part at any time I shall # think proper  And declaring…

Page 7; 

Transcription of page 7;

that any of my Children above named [giving] to # law or endeavouring to set aside or reduce # these presents upon any grounds or pretence # whatever shall be cut off with Five pounds # Sterling which my said Trustees are # hereby instructed to pay over to him her or # them in full of all they can ask or claim in # and through my [decease] Consenting to # the registration here of in the Books of Council # Session or other competent for preservation # and thereto Constitute my procurators.

In [witness] whereof these presents written upon # this and the six preceding pages of paper # by my son the said Henry Oliphant are # subscribed by me at Kirkcaldy this …

Some notes on terms used in the text;

• “seisin” (p.3); Wikipedia.org/Seisin
• Martinmas” and “Whitsunday”; Wikipedia.org/Scottish_term_days
• “intromittors” (p.5); Wiktionary.org/intromittor
• “intromissions” (p.5); TheLawDictionary.org/intromission &
  Wikipedia.org/Vicious_intromission
• “infeft” (p.  & 5); Collinsdictionary.com/infeft

OLIPHANT papers – Note of A. ANDERSON at the Glasgow Bank

For some context, and an index to these documents, please SEE HERE.

If you can help with the transcription of these documents please get in touch.

Please click on the images to see the scans at full resolution.

Attached is a .pdf of the Descendants of Henry OLIPHANT (b. 1741), which I hope helps to explain the relationships in the document below.

George BEVERIDGE, Robert OLIPHANT, William THOMSON, and Alexander ANDERSON, were all sons-in-law of Henry OLIPHANT. Robert was also Henry’s nephew.

Robert OLIPHANT (Jr), Henry, William and James OLIPHANT, were the surviving sons of Henry OLIPHANT, by his second wife, Janet HUTCHISON (or HUTCHESON).

Please see the “Henry Oliphant estate” tag for all the documents relating to his estate.

OLIPHANT papers; envelope 1; document 6;

Cover; 

Inside;

Transcription;

Note of Mr A. Anderson […] at Glasgow Bank
1827 – May 1st; Principal sum due at Bank […] Note ; £1045 –  2s – 8d ;  —- . —- . —-
Interest calculated up to 15 May ; £45 – 13s – 4d ;  —- . —- . —-
—————- ; ——————
£1090 – 16s – -d ;  —- . —- . —-
one half of which is ; —- . —- . —- ; £545 – 8s – -d

Mr Geo[rge] Beveridge’s one eighth prop[ortion] ; £ 68 – 3s – 6d ;  —- . —- . —-
Rob[ert] Oliphant’s —-“—- —-“—- —–“—– ; £ 68 – 3s – 6d ;  —- . —- . —-
Mr Thomson’s  proportion  ; £ 81 – 16s – 2 7/8d ;  —- . —- . —-
Rt. (Robert) Oliphant [Jr]’s  ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Henry Oliphant’s heir’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Wm. (William) Oliphant’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Ja. (James) Oliphant’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
================ ; —————–
; £545 – 8s – -d

Mr Ferguson gave up to Mr Anderson the [composition] of £3/6 […]
upon this one half of the cash acc[ount] but […] it [and] upon the
understanding that his friends would do the same in order to
benefit his family. Rob[ert] and Wm. (William) Oliphant have no [obligations]
as to this altho they will be under the [necesity] of [paying] Mr Thomson’s
proportion without the [smallest] chance of [over] […] [back]
a farthing as he [has] [not] the means Mr […] [states] that
Mr Ferguson would be ready with his half at [Whit sunday]
and it is […] able that a settlement should be made
finally at that [point] as in the [care] of his death [are]
Bank[…] [happening] amongst the [parties] it [will]
become much [harder] generally – The allocating of the
[composition] […] […] it is [de…able] to […] […]
it will be allo[acted] –

OLIPHANT papers – Disposition of George BARKER; to his grandchildren; 1784

For some context, and an index to these documents, please SEE HERE.

If you can help with the transcription of these documents please get in touch.

Please click on the images to see the scans at full resolution.

Here is a family tree of George BARKER, his daughters, and grandchildren;
George BARKER descendants tree Jan2016version
There is also an Outline and a Report of George BARKER’s descendants (up to 4 generations).

George BARKER’s Settlement (of the same date) is HERE.

OLIPHANT papers; envelope 1; document 2;

Cover; 

Transcription of cover;

Disposition – George Barker – to His Children, 1784.

8th Oct 1789 [pro’] [registrate] – […] Robert Philp & – John Malcolm Baillies – David Anderson procurator

Booked

Page 1; 

Transcription of page 1;

Know all men by these presents Me George Barker shipmaster in Kirkcaldy In order to prevent all disputes at my death am resolved to settle my affairs and make the following destination of my heritable subjects I hereby give grant & dispone to and in favours of George Thomas & David Dougall law- ful children procreate betw[.] the deceast George Dougall Shipmaster in Kirkcaldy and Agnes Barker his spouse my daughter also deceast equally among them and their heirs and assignees heritably & irredeemably all and [H]aill that tenement of land and yard there to belonging lately purchased by me from William Oliphant lying within the burgh of Kirkcaldy at the head of the new harbour and on the south side of the high street bounded betw[..] the lands of the heirs of Walter McRay on the east, the lands of the heirs of William Gray on the west, the sea flood on the south and the said high street on the north parts as also all and [H]aill that tenement of land purchased by me from Francis Beveridge laying in the said town of Kirkcaldy in the pans there of on the south side of the street bounded with the high street and void ground on the east and west, the sea flood on the south and the high street on the north parts thereof, as also my just and equal half of all an[d] [H]aill that tenement of land yard and pertinents acquired by my decease[ed brother and me from Elizabeth Barker lying in the town of Kirkcaldy in the [hans] thereof and north side of the street bounded with the tenement of Thomas Brown’s heirs on the west, the tenement of David La[ui]gs heirs on the east, the [Imutow] lands on the north and high street on the south parts and also all and [H]aill that peice of void ground purchased by me from Margaret Beuters spouse to Theodore Lyall weaver in Kirkcaldy upon which I have since built houses lying in the said town of Kirkcaldy on the south side of the street bounded with void ground on the east, the sea flood on the south, a [vennal] on the west, and high street on the north parts. And I give grant and disponer to and in favours of Christian, Robert, George & Mary Oliphant lawful children procreate bet[..] William Oliphant shipmaster in Kirkcaldy & Mary Barker my daughter his spouse both now deceast equally among them and their heirs and assignees heritably and irredeemably the just and equal [E]aster half of all and [H]aill that larger tenement of land high and laigh back and fore lying in the said town of Kirkcaldy on the south side of the street purchased by me from Mr Patrick Ross bounded by the house of James Meldroms heirs on the west, an common vennal on the east, the sea flood on …

Page 2; 

Transcription of page 2;

… on the south & high street on the north parts as also the just and equal half of my just and equal half of all and [H]aill these two tenements of land of a long time ruinous with inner and outer yards all now turned into one entire yard inclosed on all sides and having a south dyke in place of the fare wall of the ruinous tenements being purchased from John Paterson of Kirkcaldy by my brother John and me lying in the said town of Kirkcaldy on the north side of the street bounded with the tenement & yard of Provost Kays heirs on the east, the lands of the Prime Gilt box on the west, [Initow] lands on the north and the high street on the south parts. And I give grant and dispone to and in favours of Christian & Janet Oliphant lawful children procreate bet[..] Henry Oliphant shipmaster in Kirkcaldy and the now deceast Christian Barker his spouse my third and youngest daughter and their heirs and assignees heritably and irredeemably the just and equal wester half of all and [H]aill the said larger tenement of land high and laigh back and fore lying and bounded as said is as also the other just and equal half of my just and equal half of all & [H]aill the sail two tenements of land now ruinous & inner and outer yards all now turned into one yard lying & bounded as said is. In the which several subjects above dispoued I bind and oblige me my heirs and successors to infeft and [s]eige my said grandchildren [m]ore saids for their differ- ent interests upon their own expences and that by resignation as after mentioned to be holden in free burgage Royal for payment of the burrow maills & service of burgh used and wout and for accomplishing of the said infeftment I hereby make & constitute

and each

of them jointly and severally my procurators for me and in my name purely and simply by staff & bastone to resign like as I hereby resign surrender and deliver the whole of the foregoing different & respective subjects all lying and bounded in manners above written which are here held as repeated in the hands of the Provost or any one of the Baillies of Kirkcaldy as in the hands of his majesty immediate lawful superior thereof in favors and for new infeftment of the same to be made given & granted to my said several grandchildren above named & their forsaids according to their several interests & proportions above specified which are also here held as repeated and that in such due and competent form as [effeirs] acts instruments and documents one or more in the pre[..]ifses to ask lift and raise & generally every other thing …

Page 3; 

Transcription of page 3;

… thing thereanent to do that I could do myself being personally present on which to the office of procuratory in such cases is known by law to appertain from ittew derate In like manner I hereby assign and make over to & in favors of my several grandchildren above named and their foresaids not only the whole rents mails and dutys that shall be due & resting at my death of the several subjects hereby disponed to them in manner above specified But also the respective writes & evident of & concerning the said subjects disponed and whole clauses therein contained with all that has followed or may follow on these writes surrogating & substituting my said several grandchildren & their foresaids in my full right title & place of the [premises] with power on my death to intro[milt] with uplift & discharge their rents & duties of the said several subjects above disponed & assigned [pursue] therefore as well as for implement & recovery of the said writes as accor[.] and in general to do every other thing there [a neut] as effectually as I could have done before granting these presents Reserving always to me not only my liferent of the whole subjects hereby disponed But also full power over the same and to do therewith as fully & effectually as if these presents had never been granted Dispensing with the not delivery of these presents in my own lifetime and declare the same a sufficient evident altho’ found lying by me or in the custody of any neutral person at my death any law or practice to the contrary notwithstanding and I hereby appoint the said Henry Oliphant to be tutor & [beurator] not only to his own children but also to the said children of his brother William for managing the subjects hereby disponed to them Declaring that he shall not be liable for omifsions but only for his actual intromission… Consenting to the Registration hereof in the Books of Councill & …. Burrow Court Books of Kirkcaldy or others competent for preservation and thereto constitutes

My Procurators In witness whereof these presents… consisting of this & the three preceeding pages of stamped paper (writte… by John Barker apprentice to William Drysdale Clerk of Kirkcaldy) are subscribed by me at Kirkcaldy the Eight day of # May One thousand seven hundred & Eighty four years Before # these witnesses; William Michie, taylor in Kirkcaldy, and the # said William Drysdale and John Barker ~

(signed) Wille: Drysdale, witness
(signed) William Michie, witness
(signed) John Barker, witness

(signed) George Barker