James Leiper

JAMES LEIPER

James Leiper, here treated, is the third son of John Leiper of Unthank, elder He was born before 4 June 1802, the date upon which his baptism was registered at Avondale in Lanarkshire, Scotland [National Records of Scotland, Avondale Baptisms, reference OPR.621/2]

By means of a disposition and settlement dated 28 August 1834, his father gave him the farm and lands called Little Glen in the parish of Loudoun, Regality of Hamilton and Sheriffdom of Ayr. [National Records of Scotland, The Disposition and Settlement of John Leiper of Unthank, Glasgow Sheriff Court Wills, reference SC36/51/27]

Transcript of his Father's Disposition and Settlement

I John Leiper of Unthank in order to settle the succession to my subjects during my life so as to prevent disputes after my death and for the love and affection I have to my sons after named and for other causes do hereby under the burdens conditions and reservations after expressed give grant dispone and make over to and in favour of John Leiper my eldest son his heirs and assignees whomsoever heritably and irredeemably All and Haill those parts of the [ twenty-two shilling ] land of old extent of Unthank belonging to me with houses biggings yards mosses muirs meadows lying within the parish of Avondale Regality of Hamilton and Sheriffdom of Lanark, together with all right & title I have or can pretend thereto; but declaring that these presents are granted and to be accepted of by the said John Leiper & his foresaids under the burden of making payment to Jean Leiper my daughter of the sum of £300 sterling at the first term of Whitsunday or Martinmas occurring after my decease with interest thereafter till paid exclusive always of the jus mariti and right of administration of any husband whom she may marry and not affectable or attachable by his debts or deeds or by any diligence or execution thereon. Moreover for the causes foresaid I do hereby under the burdens and reservations after expressed Give Grant Dispone and make over in favour of William Leiper my son his heirs and assignees whomsoever heritably and irredeemably All and Haill the lands houses yards & pertinents thereof commonly called the Byre of Bankhead sometime possessed by the deceased Hugh Brown thereafter by [ blank ] Dykes his relict being a part and pertinent the three merk land of old extent of Bankhead with the tiends thereof so far as I have right thereto lying in the Regality of Loudon and Sheriffdom of Ayr. But these presents are granted and said lands disponed to the said William Leiper and his foresaids under the real lien and burden of his and their making payment to the said John Leiper my eldest son his heirs and assignees at the first term of Whitsunday or Martinmas after my death of the sum of £800 sterling with the legal interest thereafter till paid. Farther for the causes foresaid I do hereby under the burdens and declarations aftermentioned Give Grant & Dispone from me to and in favour of my third son James Leiper residing with me his heirs and assignees whomsoever heritably and irredeemably that farm lands called Little Glen as presently possessed by myself being a part and portion of All and Haill the four merk and forty penny land of old extent of Glens with houses yards and pertinents thereof all acquired by the deceased Archibald Nisbet Writer to the Signet from Robert Lockhart lying in the Regality of Loudoun & Sheriffdom of Ayr with the tiends of the said lands so far as I have right thereto but declaring that these presents are granted & said lands disponed to the said James Leiper and his foresaids under the real lien and burden of making payment to the said John Leiper my eldest son his heirs and assignees of the sum of £800 sterling at the first term of Whitsunday or Martinmas ocuring after my death with the legal interest thereof thereafter till paid & for the causes foresaid I do hereby with & under the burdens and declarations aftermentioned Give Grant Dispone and make over from me to and in favour of my fourth son Andrew Leiper his heirs and assignees whomsoever heritably and irredeemably that farm and lands called Meikle Glenn as formerly possessed by [ blank ] and now possessed by Hugh Woodburn tenant therein, but excepting and reserving therefrom those parts thereof called Gibshill and Laighhighside and misk ground there according to a line of pit stones diving the part excepted from the remainder of said lands of Meikle Glen and which lands above disponed are a part and portion of All and Haill the said four merk and forty penny land of old extent of Glens particulary above described lying in the parish of Loudoun and Sheriffdom of Ayr, But these presents are granted and said lands are disponed to the said Andrew Leiper and his foresaids under the real lien and burden of making payment to the said John Leiper his heirs and assignees of the sum of £800 sterling at the first term of Whitsunday or Martinmas occurring after my death with the legal interest thereof thereafter till paid. And I do hereby Give Grant Dispone and make over to in favour of my fifth son Thomas Leiper his heirs and assignees whomsoever heritably and irredeemably the farm and lands called Highside as presently possessed by Thomas Finlay tenant therein As also All and Haill those parts and portions of the said lands of Meikle Glen called Gibshill and Laighhighside and misk ground there lying contigeous to the said lands of highside as the same are pitted off from the remainder of said farm and lands of Meikle Glenn by pit stones and which lands are excepted from the above conveyance in favour of said Andrew Leiper bounded said lands above disponed on the east and south east by the lands of [Winchels] occupied by the said Thomas Linlay, on the north by [blank] occupied by Robert Aird on the west by Meikle Glenn with the tiends thereof so far as I have right thereto being a part and portion of the said four merk and forty penny land of old extent of Glenns particularly above described lying in the parish of Loudon and Sheriffdom of Ayr. But these presents are granted and said lands disponed to the said Thomas Leiper and his foresaids under the real lien and burden of making payment to the said John Leiper his heirs or assignees of the sum of £800 sterling at the first term of Whitsunday or Martinmas occurring after my death with the legal interest thereafter till paid and which respective burdens payable from the several lands above disponed to my said respective disponees are hereby declared real liens and burdens affecting the lands to which the same are applicable in manner above mentioned and as such are hereby appointed to be inserted in the infeftments following hereon in said lands and in all the future transmissions and investitures of the premises till legally extinguished otherwise such writings shall be void and null. And I oblige myself and my foresaids duly and validly to infeft & seize the said John Leiper, William Leiper, James Leiper, Andrew Leiper and Thomas Leiper, and their foresaids in the said several lands and others and pertinents respectively above disponed in their favour and that by two several infeftments or manners of holding, me thereof to be holden of and under me and my heirs in free blench for payment of a penny Scots on the ground of said lands and others at the term of Whitsunday yearly if asked only and the other of the said infeftments to be holden from me of and under my immediate lawful superiors thereof in the same manner as I hold the same and that either by resignation or confirmation or both this one without prejudice of the other and for completing the said infeftment I oblige myself and my foresaid to execute and deliver in favour of my said respective disponees and their foresaids procuratories of resignation and every other requisite writing. And I do hereby assign to and in favour of my said respective disponees according to their respective rights foresaid the rents of said subjects with the writings and title deeds of the same. Farther I do hereby nominate the said John Leiper to be my sole and only executor and intromitter with my moveable means with power to do every act competent to an Executor Nominate ; but declaring that in consequence of the above nomination of executor and of the above burdens hereby created in his favour the said John Leiper my son and his heirs and assigns shall be burdened with and be bound to pay & thereby free and relieve my other sons of the whole debts owing by me at my death Reserving my own liferent use of the premises with power at any time of my life to revoke burden qualify explain or in any way to alter these presents but declaring that the same so far unaltered wherever found at my death shall have the full effect of a delivered evident any law or custom to the contrary notwithstanding consenting to the registration hereof in the books of Council and Session or others competent thereanent to remain for preservation and thereto constituting [ blank ] procurators Moreover in order that infeftment may pass hereon I do hereby desire and require you [ blank ] and each of you conjunctly and severally my bailies in that part to the effect after specified hereby specially constituted that upon sight hereof ye pass to the ground of the said lands and others above disponed in favour of the said John Leiper and his foresaids and there give and deliver heritable state and sasine real actual and corporeal possession to the said John Leiper and his foresaids of all and haill these parts of the twenty two shilling land of Unthank belonging to me with the parts and pertinents thereof lying bounded and described as aforesaid but under said real lien and burden and that ye also pass to the ground of the lands and others above disponed to William Leiper and his foresaids and there give and deliver heritable state and sasine real actual and corporal possession to the said William Leiper and his foresaids of All and Haill the lands mosses yards and pertinents commonly called the Byre of Bankhead with the tiends parts and pertinents thereof lying as aforesaid but under said real lien and burden, And that ye also pass to the ground of the said lands and others above disponed in favour of the said James Leiper and his foresaids and there give & deliver hereitable state and sasine real actual and corporal possession to the said James Leiper and his foresaids the said lands and farm called Little Glen part of said four merk and forty penny land of old extent of Glenns with the tiends and pertinents thereof lying and bounded as aforesaid but under said real lien and burden. And that ye also pass to the ground of the said lands above disponed to the said Andrew Leiper and his foresaids of All and Haill the said lands and farm called meikle Glen part of the said four merk and forty penny land of old extent of Glenns, but excepting and reserving therefrom those parts and pertinents thereof called Gibshill and Laigh Highside and misk ground there as separated from the remainder of the said lands of Meikle Glenn by pit stones with the tiends and pertinents thereof lying bounded and described as aforesaid, but under said real lien and burden. And that ye also pass to the said farm & lands of Highside and others above disponed to said Thomas Leiper and his foresaids and there give and deliver heritable state and sasine real actual and corporal possession to the said Thomas Leiper and his forsaids of All & Haill the said farm and lands of Highside presently possessed by [ blank ] As also All & Haill these parts and portions of said lands of Meikle Glen called Gibshill and Laighhighside and misk ground there lying contiguous to said lands of highside and separated from the remainder of said lands of Meikle Glen by pit stones being a part of said four merk forty penny land of Glen with the tiends & pertinents thereof lying and described as aforesaid; but always under the said real lien and burden; and that ye give such heritable state and sasine real actual corporal possession to each of my said respective disponees and their foresaids or to their certain attorney or attornees in their respective names bearers hereof of earth and stone of the ground of the lands and others respectivel disponed to them as aforesaid and all other symbols usual and necessary. In witness whereof these presents written upon this and the two preceding pages of stamped paper by William Hamilton Clerk to William Gebbie Writer in Strathaven as subscribed by me at Unthank this 28 day of August 1834 years before these witnesses the said William Gebbie and Thomas MacLanachan Merchant in Strathaven (signed) John Leiper, W, Gebbie witness Thomas MacLanachan witness. [National Records of Scotland, The Disposition and Settlement of John Leiper of Unthank, Glasgow Sheriff Court Wills, reference SC36/51/27]

1. Image of Disposition
2. Image of Disposition
3. Image of Disposition
4. Image of Disposition
5. Image of Disposition