PROOF OF THE
PROPINQUITY OF JOHN RICHARDSON AS THE NEAREST AND LAWFUL HEIR OF JAMES
LIVINGSTONE.
This information
appears in Frank Anderson's book, but also in other papers as well.
Note that there is an "e" on Livingston.
James Thomson Senior of
the Burgh of Sterling in the county of Sterling, North Britain, Merchant and
present Dean of Guild maketh oath and saith that he, this deponent, knew and was
well acquainted with Major James Livingstone, who was for many years in the
service of the King of Britian, now deceased.
That this deponent also knew and was well acquainted with Robert
Livinstone, soldier in Sterling Castle Father of the said James and with
Alexander Livingstone and Janet Livinstone Brother and Sister Germane to James.
That Alexander went abroad many years ago as a soldier in the Army and
for what the deponent knows, he is dead without issue.
That Janet was married and resided many years about Sauchie in the parish
of St. Ninians and County of Sterling. That
the aforesaid James Livingstone returned to Sterling after having been in
America, without issue about ( ) years ago.
(&Further this deponent saith not.)
Sworn at the Burgh of Sterling
before me, John Glas, Provost, (signed)
and Chief Magistrate of the said
James Thomson
Burgh this Twelfth day of February John Glas
in the year 1798.
Captain Thomas
Gilfillan of the late Second Seventy First Regiment maketh oath and saith that
he knew James Livingstone aforesaid, first, about the year One Thousand Seven
Hundred and Forth Six (1746), a Sergeant-Major in the forty-eighth Regiment of
foot then Cantoned at Sterling. That
this deponent saw him also in the year One Thousand Seven Hundred and Fifty
Eight when he the said James Livingstone was Fort Major of Fort Cumberlund
situated in the Province of Virginia or Maryland. That the said James Livingstone was held and reputed to be
the lawful son of Robert Livingstone, Soldier in Sterling Castle whom the
deponent also knew and he knew Alexander Livinstone, his Brother, who he thinks
went abroad in the Army many years ago. And
further, this deponent saith not.
Sworn at the Burgh of Sterling
before me, John Glas, Provost (signed)
and Chief Magistrate of the
-T.Gilfillan
said Brugh, this Twelfth day of
(Capt. of the Late 2.71 Reg.)
February, in the year 1798
John Risk of Touchgerm
(Touchgorm) in the parish of Saint Ninians and County of Sterling aforesaid
farmer maketh oath and saith that he knew Major James Livingstone who resided a
number of years in the town of Sterling, and died there about twenty two years
ago and that he also knew and was well acquainted with Janet Livingstone, Spouse
of John Richardson, residing at Charters Hall in the said Parish of Saint
Ninians. That the said Janet
Livingstone was always held and reputed to be the lawful sister of the said
Major James Livingstone and she the said Janet died a number of years ago.
That this deponent knew and was well acquainted with all her children
from their infancy, they being in this deponent's neighborhood till they grew
up. That he knows John Richardson
now in New York in North America, formerly a malt-maker at Sterling and
Dunbarton, to be her oldest son. That
James Richardson also now in New York is her Second Son in Life and that Robert
and Thomas Richardson both in the said Parish of Saint Ninians and Shire of
Sterling are her younger sons and she has three daughters, one of whom named
Helene, went abroad to New York about two years ago to her brothers John and
James and that to the best of this deponent's knowledge and belief, the said
John Richardson in New York is the true and lawful heir of the said deceased
Major James Livingstone, and further, this deponent saith not.
i. (Sworn as above)
(signed)
John Risk
John Glas
Janet Richarson of
Sterling aforesaid Widow, maketh oath and saith that she, this deponent, knew
and was well acquainted with James Livingstone, son of Robert Livingstone,
Soldier in the Sterling Castle. That
she knew him before he went into the British Army. That she saw him afterwards in Sterling, a Sergeant-Major in
the Duke of Cumberland's army during the Rebellion in Scotland about the year
One Thousand Seven Hundred and Forty-Six (1746).
That is consists with her knowledge that he, the said James Livingstone,
went from Sterling to Ireland and from Ireland to New York with the Army and
that he wrote a letter from New York to some of his friends in Sterling.
That he returned to Sterling about thirty years ago and was commonly
known by the name of Major Livingstone and died about twenty or twenty two years
ago. That she also knew and was
well acquainted with Janet Livinstone, spouse of John Richardson at Charters'
Hall aforesaid the deponents brother. The
said Janet Livinston was always held and reputed by her acquaintances, and owned
and acknowledged by the said Major Livingston, to be his lawful sister.
That the said Janet died about eleven years ago.
That three of children namely: John
Richardson, the eldest, James Richardson, the second and Helen Richardson went
abroad to New York at differant times. That
her sons, Robert and Thomas and her daughters Marion and Agnes are still in
Scotland. That the said Major James
Livinstone had a brother named Alexander and another named John who went abroad
with the Army many years ago and the deponent never heard more of them.
That to the best of this deponet's knowledge and believe, the said John Richardson
in New York is the true and lawful heir of the deceased Major James Livingstone
and further this deponent said she cannot write.
(Sworn as above)
(signed)
John Glas
Helen Richardson,
residing in Sterling, Spouse of Arthur Bell, Weaver in Sterling, maketh oath and
saith conform to the immediate preceding deponent Janet Richardson, her sister,
in Omnibus, excepting that she did not know Major James Livingstone aforesaid
until he came to Sterling, a Sergeant-Major with the Duke of Cumberland about
the year One Thousand Seven Hundred and Forty-Six.
And further this deponent saith that she cannot write.
(Sworn as above)
(signed)
John Glas
TO ALL WHOM THESE
PRESENTS SHALL COME:
I, John Glas, Provost
and Chief Magistrate of the Burgh of Sterling in Scotland, do hereby certify
that on the day of the date hereof personally come and appeared before me, James
Thomson, Captain Gilfillan, John Risk, Janet Richardson and Helen Richardson,
the deponents named in the affidavits hereunto annexed being persons well known
and worthy of good credit and by solemn oath, which they then respectively took
before me, upon the Holy Evangelist of Almighty God, did Solmely and sincerely
declare, testify and depose to be true, and several matters and things mentioned
and contained in the said annexed affidavits.
In Faith and Testimony whereof, the said Provost and Magistrate have
caused the seal of the said Burgh to be hereunto put and affixed.
Dated the twelfth day of February in year of our Lord, One Thousand Seven
Hundred and Ninety-Eight (1798)
Signed - John Glas
Notes for JANET
LIVINGSTON:
Janet Livingston was a daughter
of Robert Livingston, soldier in Sterling Castle, and sister to James, John and
Alexander Livingston, soldiers in the British armies at this period.
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