Janet Smith MacKirdy

From Scotland's People: Old Parish Registers - Births and Baptisms NOTE: can't find Joseph born about 1816

• 11 January 1821 birth or baptism of Janet Smith Whitehead, daughter of Joseph Whitehead and Janet Dixon [child 2 or 3], in the parish of Abbey

From MyHeritage: Joseph Whitehead: 1841 Scotland Census (transcription only)

6 June 1841 Census for residents of Kilnside House, now Millstream Court, Paisley, Renfrewshire PA1 1RR 55.84278, -4.41333, Scotland

• Joseph Whitehead, male, aged 60 [born about 1781], in Renfrewshire; Tanner
• Janet Whitehead, female, aged 50 [born about 1791], in Scotland
• Janet Whitehead, female, aged 20 [born about 1821], in Renfrewshire
• 2 siblings, 1 governess, 3 female servants

From Scotland's People: Old Parish Records - Marriages and Banns

• 18 December 1845 marriage or banns of Janet Smith Whitehead to James Hopkirk Hill, in the parish of Barony
• 18 December 1845 marriage or banns of Janet Smith Whitehead to James Hopkirk Hill, in the parish of Paisley Burgh or Low

From Geni - 1845 12 18 James and Janet Hill (Whitehead) Marriage.jpg

Thursday, 18 December 1845: James Hopkirk Hill, writer, Barony Parish, and Janet Smith Whitehead residing in St. George's Parish, Paisley, lawful daughter of Joseph Whitehead, Esq., of Kilnside. Married at Kilnside House, Seedhill Road, on Thursday, 18 December 1845 by the Rev. Alexander Rennison, minister of St. Georges Church and Parish, Paisley. [Banns on Sunday, 14 December 1845; Barony Parish, Glasgow]

From British Newspaper Archive: Glasgow Courier Saturday, 20 December 1845 Page 3 Married

Married: At Kilnside House, on Thursday, 18 December 1845 [inst.], by the Rev. Alexander Renison, M.A., of St. George's, Paisley, James H. Hill, Esq., to Janet Smith Whitehead, eldest daughter of Joseph Whitehead, Esq.

From Scotland's People Old Parish Registers - Births and Baptisms

Possible list of 2 children of James Hopkirk and Hill Janet Smith Whitehead from first: 5 January 1847 Janet Dixon Hill to last: 26 April 1848 James Hopkirk Hill

• 5 January 1847 birth or baptism of Janet Dixon Hill, daughter of James Hopkirk Hill and Janet Smith Whitehead [child 1], in the parish of Barony
• 26 April 1848 birth or baptism of James Hopkirk Hill, son of James Hopkirk Hill and Janet Smith Whitehead [child 2], in the parish of Barony NOTE: born posthumously after father's death on 16 December 1847

From MyHeritage: Joseph Whitehead: 1851 Scotland Census (transcription only)

30 March 1851 Census for residents of Kilnside House, Greenock, Renfrewshire, Scotland

• Joseph Whitehead, head, widower, male, aged 71 [born about 1780], in Paisley, Renfrewshire; Landed proprietor employing 2 men
• Janet Hill, daughter, widow, female, aged 30 [born about 1821], in Paisley, Renfrewshire
• Janet Hill, granddaughter, single, female, aged 4 [born about 1847], in Glasgow, Lanarkshire
• James Hill, grandson, single, male, aged 3 [born about 1848], in Glasgow, Lanarkshire
• 1 sibling, 5 servants

From FreeBMD: Registration of marriage of Janet Smith Hill in 1852 and FreeBMD: Registration of marriage of James Mackirdy in 1852

• July to September 1852: Registration of marriage of James Mackirdy; in St George Hanover Square, London (Volume 1a, Page 370)
• July to September 1852: Registration of marriage of Janet Smith Hill; in St George Hanover Square, London (Volume 1a, Page 370)

From British Newspaper Archive: Glasgow Herald Monday, 27 September 1852 Page 5 Marriages

Marriages: At St George's Hanover Square, St George Street, Mayfair, London W1S 1FX 51.51250, -0.14278, on Thursday, 23 September 1852 [inst.], James Mackirdy, Esq., to Janet Smith, widow of James Hopkirk Hill, Esq., and daughter of Joseph Whitehead, Esq., Kilnside House, Paisley.

From MyHeritage: Janet S MacKirdy: 1861 England & Wales Census

7 April 1861 Census for residents of [23 New Steine, Kemptown, Brighton, Sussex BN2 1PD 50.8200092, -0.1313122], England

• Janet S MacKirdy, wife, married, female, aged 60 [born about 1801], in Scotland; Wife of fund holder
• Janet D Hill, (step-)daughter, single, female, aged 14 [born about 1847], in Scotland; Scholar
• James H Hill, (step-)son, single, male, aged 13 [born about 1848], in Scotland; Scholar
• Granville D M MacKirdy, son, single, male, aged 2 months [born about January 1861], in Brighton, Sussex
• Frances Pattender, nurse, single, female, aged 21 [born about 1840], in Brighton, Sussex; Nurse

From MyHeritage: James MacKirdy: 1871 Scotland Census (transcription only)

2 April 1871 Census for residents of [Southend Villa, location?], South Beach, Troon, Ayrshire KA10 6EG 55.537060, -4.654366, Scotland

• James MacKirdy, head, married, male, aged 66 [born about 1805], in Irvine, Ayrshire; Proprietor
• Janet Smith MacKirdy, wife, married, female, aged 50 [born about 1821], in Paisley, Renfrewshire; Annuitant
• Granville D M MacKirdy, son, single, male, aged 10 [born about 1861], in England; Scholar
• Herbert Whitehead MacKirdy, son, single, male, aged 8 [born about 1863], in Glasgow, Lanarkshire; Scholar
• Isabella MacKenzie, servant, single, female, aged 30 [born about 1841], in Kilmory, Arran; Cook
• Margaret Easton, servant, single, female, aged 22 [born about 1849], in Midlothian; Tablemaid

From British Newspaper Archive: Glasgow Morning Journal Thursday, 31 March 1864 Page 3 (Before Lord Mackenzie.) Hill's Trustees versus McKirdy, etc.

The pursuers were the trustees under the marriage contract of the late James Hopkirk Hill, writer in Glasgow; and Janet Smith Whitehead, afterwards Hill, now McKirdy, daughter of the late Joseph Whitehead, Esq. of Kilnside, Paisley.

By the marriage contract, Mr Hill bound himself to make payment to his wife, in case she should survive him, of a free annuity of £200, and to the child or children of the marriage of the sum £5000, payable at majority or marriage. In security of these provisions, Mr Hill assigned to the pursuers and others, as trustees, certain policies of insurance on his life amounting to £2000, and power was given them to apply not only the interest arising from the proceeds of the policies, but also the principal itself, in payment of the annuity to Mr Hill's widow, and upon her death the proceeds thereof, or unapplied balance, was to go to the children.

In addition to the sums contained in the policies, other estate and sums of money were assigned to the pursuers in trust for behoof of Mrs Hill in liferent, and the children of the marriage in fee; and in particular Mrs Hill, with consent of her father, assigned to them her whole estate, and specially two sums of £1000 belonging her. Mr Whitehead also bound himself at his death to pay to the trustees £3000, to be held by them for behoof of Mrs Hill in liferent, and the children in fee.

Mr Hill died in 1847, survived by Mrs Hill and two children still in minority. The pursuers obtained payment of the sums in the policies of insurance Mr Hill's life, amounting to £2182 3s 7d, and paid the annuity of £200 therefrom regularly to Mrs Hill down to the term of Martinmas, 1861, and receipts were granted by her for each payment. They also paid to her various sums as the interest or annual proceeds of the other trust-funds in their hands, and they still continue do so.

On the allegation that the principal as well the interest of the policies was exhausted, the trustees, at Martinmas, 1861, demanded a formal discharge from Mrs Hill, now McKirdy, and her present husband of all their actings and intromissions, with the proceeds of the policies on the ground that it was a separate and distinct trust in their person. Mrs McKirdy refused to grant this discharge, on the ground that the trust constituted by the marriage contract was a subsisting and continuing trust, and that the trustees were not entitled to demand a partial discharge in regard to a portion of the trust-funds; but she offered give them duplicates of the receipts she had already granted for her annuity.

After a long correspondence between Mr Mclnnes, writer, Paisley, one of the trustees, Messrs Rodger, Mclnnes, & McFarlane, writers, Paisley, their agents, and Mrs McKirdy, the trustees raised the present action against Mrs McKirdy to have them exonerated and discharged their office of trustees under the marriage contract, so far as regards the sums in the policies, and of their whole management and intromissions therewith, and concluding against Mrs McKirdy and her present husband for expenses.

The case was debated at the end the session, and the Lord Ordinary has now pronounced an interlocutor, in which he finds "it admitted that the trustee, after the death of Mr Hill, uplifted the sums contained in the policies on his life, amounting, with bonus additions, to £2182 3s 7d: Finds it admitted that in addition to the said sum the said trustees have likewise received and intromitted with, under the said marriage contract, two sums of £1000 each assigned by the said Mrs Hill or McKirdy, and the sum of £3000 provided by her father: Finds that the trust constituted by the said marriage-contract is still a subsisting and continuing trust, and that Mrs Hill or McKirdy has given the trustees receipts for every sum of money received by her from them: Finds that pursuers are not entitled demand a partial discharge in respect of the aforesaid portion the trust funds, amounting to £2182 3s 7d, said to have been applied by them for the purposes of the trust, or to insist judicially for exoneration and discharge of their office of trustees to the extent; therefore, and to that extent, sustains the defences, and assoilzies the defenders from the whole conclusions of the action, and decerns: Finds the defenders entitled to expenses, of which shown an account to be given in, and remits to the auditor to tax the same report.

(Signed "T. Mackenzie"
Counsel for the Pursuers — Messrs A. R. Clerk and Robert Lee. Agents — Messrs Mackenzie & Kermack, W.S.
Counsel for Mrs McKirdy and Husband — Mr W. L. Mair. Agent — Mr W. R. Skinner, S.S.C.

From Scotland's People: Deaths and Scotland's People: Deaths NOTE: same record

• 1880 death of Janet Smith MacKirdy, [maiden surname] Whitehead, [Mother's maiden name] Dickson, aged 59 [born about 1821], registered district: Troon
• 1880 death of Janet Smith Hill, [maiden surname] Whitehead, [Mother's maiden name] Dickson, aged 59 [born about 1821], registered district: Troon

From British Newspaper Archive: Ayr Observer Friday, 2 July 1880 Page 5 Deaths

Deaths: MacKirdy — At Southend Villa, Troon, on the Monday, 28 June 1880, Janet Smith Whitehead, wife of James MacKirdy, Esq., and daughter of the late Joseph Whitehead, Esq., Paisley.

From Early records of an old Glasgow family - Hill family, 1520-1901, by William Henry Hill, Published 1902 Page 156

(4) James Hopkirk Hill, who married Janet Smith Whitehead and had issue (2 children), the representative of this branch being Mrs. Janet Dixon Hill or Scott-Fogo.