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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
Page 8
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
Page 10
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
Page 12
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
Page 14
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
Page 16
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
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.
