James Hopkirk Disposition and Deed of Settlement executed upon the twenty first day of January Eighteen hundred and Thirty Six

Page 1   View actual page 1 here

Inventory of the Personal Estate of  ???  James Hobkirk, Melrose

Stamp duty Ten Shillings

Presented the sixth day of August Eighteen hundred and forty two

To William Oliver Rutherford Esquire Commissary principal

By Freer V Dunn Writer Melrose

19 Sept 1842 (Initials)

Inventory of the Personal Estate of the late James Hobkirk sometime shoemaker


Page 2,  (Following is a summary of the personal property inventory of James Hopkirk as of his date of death of 10 June 1841.)

4 Augt 1842  “56”

Shoemaker in Melrose who died at Melrose in the parish of Melrose upon the tenth day of June Eighteen hundred and forty one years with Interest on principal sums at that date

1.     Cash in deceaseds house                                                  2

2.     Sum lodged in British Linen Company Banks Branch at Melrose 24

               Interest thereon                                                            0          12       10

3.     Sum due by Melrose Mason Lodge Society for defraying

defraying deceaseds funeral Expeneses                                              2

4.     Value of deceaseds Household Furniture and other effects

Per Inventory and valuation made up by John Sachet

Licenced Auctioneer______                                                            13       6          9

Value of deceaseds Estate                                                          41        19        7

(signed) William Hobkirk

Thomas John Dunn          Comr

 

 

Page 3      57

Jedburgh 16 July 1842   ?ants commission to Mr. Thomas John Dunn Writer in Melrose to take the oath of the Executor to the verity the within Inventory and to Report   (signed) John Craigie CD Melrose the twenty third day of July Eighteen hundred an forty two years.

In presence of Thomas John Dunn Writer in Melrose Commissioner appointed by the Commissary of Roxburghshire for taking the oath under written compeared personally William Hobkirk shoemaker in Gattonside eldest son of the deceased James Hobkirk shoemaker in Melrose and one of the Executorsw of the said deceased James Hobkirk nominated in the Disposition and Deed of Settlement after mentioned who being solemnly sworn and examined Depones that the said James Hobkirk died upon the tenth day of June Eight

Page 4     6 Augt 1842         58

Eighteen hundred and forty one. That Deponent and the other individuals appointed to act along with him as Executors under the said Settlement (with exception of John Hobkirk who predeceased his Father) have entered upon the management of the deceaseds personal Estate as executors nominated by him under a Disposition and Deed Deed of Settlement executed upon the Twenty first day of January Eighteen hundred and Thirty six now exhibited and signed by the Commissioner and Deponents of this date as relative hereto. That the Deponent does not know of any Settlement or writing relative to the Disposal of the deceaseds personal Estate and effects on any part of them other than that now exhibited. That the before written Inventory which is signed by the deponent and Commissioner as relative hereto is a full and true Inventory of all the personal and

Page 5                       59

And moveable Estate and effects of the said deceased James Hobkirk already recovered or known to be existing belonging or due to him beneficially at the time of his death and that the value of said Estate situated in Scotland is of the value of Twenty pounds sterling and under the value of Fifty pounds sterling all which is truth as the deponant shall answer to God.

(Signed) William Hopkirk

            Thomas John Dunn Commissioner

Follows Trust Disposition and Deed of Settlement by James Hopkirk referred to in the preceding Depontion

I James Hopkirk Shoemaker in Melrose do hereby give grant and dispone to and in favor of myself during all the days of my life all and whole that House in Melrose high and low back and fore under and above with the yard at the back thereof bounded as follows to wit by the Mason Lodge of Melrose and the yard belonging to

Page 6

6 Augt 1842                          60   (it appears that Alexander Cook, Weaver, and John Elliott, Candlemaker, are tenants of the house on the south side of High Street, and that William Davidson owns property on one side and Alexander Cook also owns property on the other side of the house on the south side of High Street)

To Mr David Spence on the east. The said David Spences property on the north the property of William Davidson on the west and the high street and the said William Davidson property on the south with the Teinds and pertinents thereof as also all and whole that Dwelling house or tenement and ?ood in Melrose sometime occupied and possessed by Alexander Cook Weaver and portioner in Melrose and John Elliot Candlemaker in Melrose lying on the south side of the high street of Melrose and west of the entry meant to be common between it and the dwelling house sometime belonging to the said Alexander Cook together with the just and equal half of the yard or Garden lying at the Back of the Contiquous to the said dwelling house the other half of the yard or Garden being reserved to the said Alexander Cook as the same was

Page 7                                               61  

Was divided and marched off betwixt the said Alexander Cook and me with liberty and privilege at all times by day and night free access and passage with Carts and Carriages and every sort of communication at the foresaid entry thereby declared to be common for the use of the said property and the property retained by the said Alexander Cook betwixt the Gable of the Two houses with a right and privilege in the Weirhill of Melrose and ?????? belonging to the said subject Excepting from the conveyance the privliges in the Greenyards belonging thereto sold by me to Captain James Stedman and also excepting that part and portion of the said house and yard last above described sold by me to my late brother Alexander Hopkirk and further I do hereby dispone convey and make over to and in favor of John and Walter Hopkirk my sons and their heirs

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6 Augt 1842                                      62      (sons John and Walter receive the upper half of the flat on the north side of High Street, 16 High Street along with the eastern portion of the rear yard on the north side and a middenstead behind the house on the south side of High Street)

heirs and assigned equally betwixt them in fee after my death all and whole the upper flat of my said house in Melrose first above described lying on the north side of the high street with the Easter half of the yard thereto belonging and a middenstead to each of them in the close at the back of the house second above described Declaring that the said John and Walter Hobkirk shall not be entitled to build or plant trees behind said house so as in anyway to obstruct the light of the window in the under flat of the same nor to ??? any dunghill or other nuisance near the said window and in the event of the said John and Walter Hopkirk wishing to dispose of the subject hereby conveyed to them they shall be bound to make the first offer thereof to my son Robert who shall be entitled to purchase the same either by private agreement

“Middenstead” above could be a “dunghill” or “refuse heap”

 

Page 9                                               63         (children Robert and Mally receive the under half of 16 High St. on the northside and son William receives all of the under flat on the south side of High St. along with the closet upstairs and 1/2 of the yard in the back along with the middenstead)

agreement or at price to be fixed by arbiters mutually chosen or by their oversman in case they differ in opinion and I also hereby dispone and makeover to and in favor of the said Robert Hopkirk my son and his heirs and assignees whom failing to Molly Hopkirk my daughter and her heirs and assigness in fee all and whole the under flat of the said house first above described with the wester half of the yard thereto belonging and a middingshead in the said close at the back of the house second above described and further I hearby dispone convey and make over to and in favor of William Hopkirk my son and his heirs and assigness in fee all and whole the under flat of my house second above described on the south side of the street with the closet in the second flat and the half of the yard now belonging thereto and a middingstead in the close at the back thereof and further

“Oversman” is Scots for “umpire” or arbiter

 

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6 Augt 1842                                                  64         (Molly and Robert  get the upper flat on the south side of High Street, the attic above the upper flat and 1/2 of the yard and a middenstead, except for the upper flat closet going to son William. Molly also gets the eight day clock and all the furniture and bedding, etc.)

Further I hereby dispone convey and make over to and in favor of the said Molly Hopkirk my daughter and her heirs and assignees whom failing to the said Robert Hopkirk my son and his heirs and assignees in fee all and whole the upper flat of my said house second above described exclusive of the said closet with the whole garret above the same and the half of the yard now belonging thereto with a middingstead in the close at the back thereof and further I give and bequeath to the said Molly Hopkirk my eight day clock and the whole furniture bedding and napery and every other article in the room hereby disponed to my said daughter together with all right and title and interest which I or my authors had have or any wise can have claim or pretend to each of the said subjects to

“dispone” is Scots law meaning “to transfer legal ownership”

“garret” is an attic

“napery” is household linens

 

Page 11                                                           65

to the extent as respectively above conveyed to my children in fee But with and under the burdens and declarations after mentioned In the oath of which houses and yards with the pertinents I bind and oblige me my heirs and successors to infeft and ????? the said John Walter Robert William and Mally Hopkirk and their foresaids in the proportions above mentioned to be held either of and under me my heirs and successors in free blench for payment of a penny scots money on the ground of the said subjects at Whitsunday yearly if asked only and relieving us of the duties and services payable to our superiors or from me and my foresaids of our immediate lawful superiors thereof in the same manner and as freely as I hold or might hold the same myself and that either by resignation or confirmation or both and for accomplishing the said infeftment by

 

“infeft” to hand over possession of heritable property

 

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6 Augt 1842                                                  66   (children John Walter Robert William and Mally shall pay in equal shares ten pounds sterling to both brothers James and David, and one pouind sterling to brother Thomas.)

by resignation I hereby bind myself and my foresaids to grant all necessary Deeds with procuratories of resignation and precepts of Sasine when required at the expense of the persons demanding the same. It being always declared that said John Walter Robert William and Mally Hopkirk shall be bound to pay the whole of my just and lawful debts death bed and funeral charges and at the first term of Whitsunday or Martinmas after my decease the said John Walter Robert William and Mally Hopkirk my children shall pay to each of my sons David and James Hopkirk Ten pounds sterling and to my son Thomas Hopkirk one pound sterling all which sums shall be paid by my said five disponees in equal proporations and further I hereby make and constitute the said John Walter Robert William and Mally

 

“procuratory”  authorization to act on behalf of someone else

“Sasine” Scots law “the granting of legal possession of feudal property

 

Page 13                                 67

Mally Hopkirk in the proportions above mentioned and their foresaids my lawful cessioners and assignees not only in and to the whole writs and evidents titles and securities of the said subjects granted in favor of me my authors and predecessors with all that has followed or may be competent to follow thereon But also in and to the Rents and profits of the said subjects from and after my decease Surrogating hereby and substituting the said John Walter Robert William and Mally Hopkirk and their foresaids in the proporations above mentioned in my full right and place of the premises forever which Disposition and Assignation above written and the infeftments to follow hereon I bind and oblige me and my heirs to warrant to the said John Walter Robert William and Mally Hopkirk and their foresaids at all hands and against all mortals It being hereby declared that

 

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6 Augt 1842                                      68    (It appears that the title of 16 High Street, on the north side, shall be held by Robert and the title of the house on the south side of High Street shall be held by son William)

That after my decease the titles of the said subjects first above conveyed shall be retained by the said Robert  Hopkirk my son and his foresaids and the titlies of the subjects second above conveyed shall be retained by the said William Hopkirk my son and his foresaids but they shall be obliged to deliver the same to the other having right thereto upon all necessary occasions upon their obligations to ?edelived the same in a reasonable time and I hereby nominate and appoint the said John Walter Robert William and Mally Hopkirk my children to be my sole and only executors with full power to them to receive and Discharge all debts owing to me and to dispose of my effects other than those herein before specially conveyed to the said Mally Hopkirk which debts owing to me or

 

Page 15                                             69

or effects belonging to me shall be divided among my said five disponees in equal propertions and thereby revoke and recall all Deeds of Settlement heretofore executed by me in so far as the same may be inconsistent with these presents Reserving always to myself full power and liberty at any time of my life and even on my death bed to revoke alter or innovate these presents in whole or in part as I shall think fit with power also to sell or gratuitously to alienate and dispose of the subjects and others foresaid or to contract debt thereupon and I hereby dispence with the want of delivery and declare this deed to be equally good and effectual as if an actual and formal delivery had taken place and I declare that the said several provisions to my said children shall be accepted of by them in full of all legitim or bairns part of gear which they could ask or claim through my decease and I consent to the registration hereof

 

“legitim” is in Scots law the part of a person's moveable estate that is inherited by his or her children on that person's death

“bairns” in scots = small children

 

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6 Augt 1842                                                  70

Hereof in the books of Council and Session or other Judges Books competent therein to remain for preservation and for that purpose I constitute

My Procurators ?? and further I hereby desire and require you jointly and severally my bailies hereby specially constituted that on sight hereof ye pass to the subjects foresaid respectively and successively and there give and deliver heritable state and sasine actual real and corporal possession to the said John Walter Robert William and Mally Hopkirk and their foresaids on the propertions above conveyed to them respectively of all and whole the subjects before disponed lying and described in manner foresaid and that you give such sasine by deiivery to the said John Walter Robert William and Mally Hopkirk or their foresaids or to his her or

“bailies” in Scots = a municipal magistrate

(View pages 16 & 17 or 70 & 71) 

Page 17                                                         71

Or their certain attorney or attorneys in his her or their names bearers hereof of earth and stone of the ground of the said subjects with all other symbols usual and necessary and this in no wise ye leave undone which to do I commit to you jointly and severally full from power by this my precept of sasine directed to you for that effect In witness whereof these presents written on this and the two [receding pages of stamped paper by James Tudhope Clerk to David Spence &  Robert Gillon Thomson writers in Melrose are subscribed by me at Melrose the Twenty first day of January one thousand eight hundred and thirty-six years before these witnesses the said David Spence and Allan Freer also clerk to the said David Spence and Robert Gillon Thomson

            (Signed) James Hopkirk

                                    David Spence witness

                                    Allan Freer witness

Written by Thos J. Elliot

????? by ?? ?armukay


Summary: James Hopkirk owned two houses in Melrose, one on the north side and one on the south side of High Street. Each house had a yard in the back, along with middensteads.The the lower half of the house on the north side (16 High Street) went to children Robert and Mally, while the upper half went to sons Walter and John. Son William got the lower half of the house on the south side of High Street and Molly and Robert also got theupper half of the house on the south side of High Street. Son James, a shoemaker living with his family in Jedburgh, received 10 pounds sterling. Son David, a weaver living with his family in St. Cuthbert's, Edinburgh, received 10 pounds sterling. Son Thomas, an unmarried shoemaker, location unknown in 1841, received one pound sterling. John had passed away sometime between the creation of the will in 1836 and James death on 10 June 1841, and he was not mentioned in the 30 June 1841 letter written by son William's wife Isabella Home Hopkirk to her children in the USA regarding the will. It is interesting that James left his unmarried son Thomas only one pound sterling, and he completely omitted naming his deceased daughter Margaret's son, Alexander Monard, in the will. We believe Alexander learned his bootmaking trade from his gransfather and his uncles in Melrose. It is interesting that he was not mentioned in the will, even though he had named his first son James Hopkirk Monard in 1838.  The house on the south side of High Street has not yet been identified.


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This page was last updated on 24 June 2017