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Archibald Clark

7th October 1805 - 13th January 1866


The combined evidence of his 1866 death certificate and the census records indicates that Archibald Clark was born c. 1800 in Larbert, Stirlingshire. However, the relevant entry in the Larbert Parish Register indicates that, as ‘Archibald Clerk’, he was born on 7th October 1805 and christened on the 27th.

Archibald Clark married the widow Margaret McAulay, as recorded by an entry in the Cardross Parish Register, dated 15th August 1829:

Archibald Clark and Margaret McAulay both in this parish gave in their names in order to proclamation of Banns and received an Extract.

Archibald and Margaret’s son, ‘Malcom’, was born in 1830:

Malcom, son of Archibald Clark and Margaret MacAulay was born at Renton the 2nd July 1830 years.

The births of daughter Margaret, and son Archibald (apparently only five months apart, an impossibility. Is this a clerical error? It is suggested that for ‘1832’ can only be intended ‘1833’), are known from two consecutive entries, recorded retrospectively, apparently in 1833, in the Cardross Register of Births:

Margaret daur of Archibald Clark and Margaret MacAulay was born at Renton the 9th day of September 1831 years

Archibald Son of Archibald Clark and Margaret MacAulay was born at Renton the 11th February 1832 years

Daughter Ann’s birth, in 1834, was recorded retrospectively in 1848:

Ann, lawful daughter of Archd Clark & Margaret McAulay was born at Renton on the 31st Augst 1834

At the time of the 1841 census, Archibald Clark was living on Main Street, Renton. He was entered as 35, a baker, not born in the county. Residing with him were Margaret, 43; Mam (presumably Malcolm), 10; Margt, 8; Archd, 6; Ann, 4; all born in the county, i.e. Dunbartonshire. There were apparently some servants too but the entry is hard to read.

In 1851, Archibald Clark was still living in Main Street, Renton, in the Parish of Cardross, with his wife and various unmarried children and servants. The full entry runs as follows:

Archd Clark, head, 46, baker, born Stirling, Larbert
Margaret, wife, 55, born Dunbarton, Renton
Malcom (sic), 20, miller, master, employing three men, born Dunbarton, Renton
Margaret, daur, 18, shopkeeper, born Dunbarton, Renton
Archd, 16, baker, born Dunbarton, Renton
Ann, daur, 14, drefs maker, born Dunbarton, Renton
Helen Hegart, servant, 14, born Ayrshire, Ardrofsan
John Ritchie servant, 17, baker, born Dunbarton, Bonhill
James Blair, servant, 14, baker, born Dunbarton, Renton

By 1861, the family had removed to 34, Claremont Street, in the Parish of Barony, Glasgow, in premises having seven rooms with one or more window. On this occasion, the full entry runs as follows:

Archibald Clark, head, 60, retired baker, born Dumbarton, Cardrofs, Renton
Margaret, wife, 70, born Dumbarton, Cardrofs, Renton
Aulay Steele Clark, son, unmarried, 30, biscuit manufacturer, born Dumbarton, Cardrofs, Renton
Malcolm, son, unmarried, 29, biscuit manufacturer, born Dumbarton, Cardrofs, Renton
Margaret, daur, unmarried, 28, born Dumbarton, Cardrofs, Renton
Archibald, son, unmarried, 27, biscuit manufacturer, born Dumbarton, Cardrofs, Renton
Ann, daur, unmarried, 25, born Dumbarton, Cardrofs, Renton
James Steele, grandchild, 4, scholar, born Dunbartonshire, MacAulay’s, Bonhill
Mary Monro, Servant, unmarried, 18, domestic servant, born Argyleshire, Kilbrandon

It may be remarked that there are various discrepancies with regard to the ages of the individuals involved and also with regard to Archibald’s place of birth. According to the above, he was born in Renton but this is in conflict with what was entered on his previous census entries. His Parish Register combined birth and baptism record effectively resolves this in favour of Larbert.

Archibald Clark (Senior), baker, married to Margaret McAulay, died on 13th January 1866 at eight in the evening, at 417, St Vincent Street, Glasgow. His age was entered as 66. The cause of death was certified as cramp of the stomach. The informant on the 15th at Glasgow was Malcom (sic) Clark, the deceased’s son, entered as present.

Testamentary Writings

Deed and Settlement, 1853

Archibald Clark, Baker in Renton, and his wife, Margaret McAulay or Clark, subscribed a (mutual trust) Deed and Settlement at Dumbarton on 17th October 1853. They mutually bequeathed to one another their entire estates in liferent, with a direction to the Trustees, upon the death of the surviving spouse, to convert ‘the whole heritable and moveable subjects into money’, for distribution among the various beneficiaries as specified.

The deed was written on four pages of stamped paper by Walter Buchanan, apprentice to John Paterson, Writer in Dumbarton, and witnessed by the said John Paterson and William Paterson, his clerk.

Trustees

The Trustees / Executors nominated in the first instance were ‘Malcolm Clark Baker & Miller presently residing in Renton & Archibald Clark Junior Baker in Renton my sons and John Steel Baker in Alexandria my Stepson’. Of these, only the first two ever took office, as John Steele predeceased both testators.

Heritable Property

In 1853, Archibald Clark owned four separate and substantial heritable properties, two in Alexandria and two in Falkirk, the conveyancing descriptions of which are the following.

Firstly (pp. 544-5):

First all and Whole that piece of ground measuring 7 and one half poles imperial measure, as the same was measured by Donald McIntyre Land Measurer in Alexandria, being part of the Ferry Lands of Bonhill and of the Lands & Estate of Bonhill in the Parish of Bonhill & County of Dumbarton, which ground is Bounded on the North by Bridge Street of Alexandria along which it extends 40 feet or thereby, on the West by unfeued Grounds belonging to Alexander Smollet Esquire of Bonhill member of Parliament for Dumbartonshire along which it extends 46 feet or thereby on the South by the Subjects which belong to John McLintock, along which it extends 40 feet or thereby, and on the east by the subjects which belong to the heirs of David Houston along which it extends 47 feet 5 inches or thereby.

Secondly (pp. 545-6):

And Second All & Whole that piece of ground measuring 21 parts of a Pole imperial measure being equal to 16½ falls of Scots measure part of the said Ferry lands of Bonhill, Bounded on the East by a Road or Common passage 5 feet wide running southward from Bridge Street along which common passage it extends 79 feet 6 inches or thereby, and on the north by a piece of garden ground, which belongs to the heirs of the said David Houston along which it extends 84 feet or thereby and on the West by Ground belonging to the said Alexander Smollett not feued along which it extends 57 feet or thereby and on the South by other unfeued parts of the Ground belonging to the said Alexander Smollett along which it extends 89 feet or thereby with the whole buildings and erections on the said Grounds with the purtinents & all my Right title and Interest therein.

It is presumed that these two tracts of land were acquired together and that the following applies equally to both:

But always with and under the real burdens, restrictions, provisions and obligations specified in an Instrument of Sasine in my favor recorded in the Particular Register of Sasines at Dumbarton on the 11th day of January 1845.

Thirdly (p. 546):

Item All & Whole that Bake house, high & laigh on the West side of the Wynd in Falkirk, called Baxter Wynd, & oven with the houses high & laigh on the north side of the said Bakehouse. Together with the yard at the back of the said houses & Bakehouse & Stable built thereon extending South to the houses which pertained to the heirs of John Neilson bounded as follows vizt. having the said Wynd on the East the house & piece of yard which sometime pertained to John Wyse Flesher and the houses which pertained to the heirs of John Neilson on the south the yard sometime pertaining to the heirs of James Livingstone of West quarter, and thereafter pertaining to the heirs of James Callander and on the west the houses sometime pertaining to the said James Livingstone, & afterwards pertaining to the heirs of Thomas Mair and the houses pertaining to the heirs of the said James Callander on the north parts thereof lying within the Parish of Falkirk & Shire of Stirling with free ish and entry to the said houses used and wont and haill parts pendicles and pertinents thereto belonging, with liberty of Casting feal and divot on the South Common Muir of Falkirk, according to use and wont as also...

Fourthly (pp. 546-7):

All & Whole that Dwelling house on the West side of the Baxter Wynd of Falkirk now ruinous, which belonged to the deceased James Neilson Flesher in Falkirk, and last possessed by William Leckie, Smith in Falkirk extending in front to the said Baxter’s Wynd, 27 feet 6 inches bounded as follows vizt. by the Houses belonging to Wm Hutton Tailor on the North, by the Property which belonged to the deceased John Neilson messenger in Falkirk on the South the Property belonging to the said James Muirhead before described on the West, and the Baxter Wynd on the East all lying in the Town and Parish of Falkirk and shire of Stirling.

The Falkirk properties were probably - literally - a legacy from Archibald’s father’s time. The fact that the Scottish surname ‘Baxter’, as in ‘Baxter’s Wynd’, is an archaic form of ‘baker’ probably points to a long-standing presence of bakers on the site.

Beneficiaries

The beneficiaries as originally provided for, apart from the testators themselves, were eight in number, divided into two categories.

The first category consisted of the four children of Archibald Clark and Margaret McAulay; namely Malcolm Clark, Archibald Clark Junior, Margaret Clark and Ann Clark, the latter two both residing in Renton.

The category consisted of Margaret McAulay’s four children by her first marriage, to the elder John Steele, namely John Steel, Aulay Steel, Agnes Steel or King and Catherine Steel.

The balance of the estate, after payment of £50 to each of the beneficiaries in the first category, fell to be divided into eight equal shares, payable to each of the beneficiaries in the first and second categories combined.

Provision was also made for Archibald’s two baking businesses, one in Renton and the other in Alexandria:

And Declaring further that in the event of the said Malcolm Clark or Archibald Clark Junior wishing to carry on the Baking Business at Renton & the said John Steel at Alexandria that they the said Malcolm Clark or Archibald Clark Junior & John Steel shall be entitled to these respective possessions at the valuation of neutral men mutually chosen by them severally and the said Trustees which valuation they shall pay to the Trustees on receiving a Conveyance of said respective properties to be divided as aforesaid the said Malcom (sic) Clark being entitled to the first Choice of the Property in Renton and failing him the said Archibald Clark Junior

It would appear that these options never materialised, since, firstly, John Steele predeceased Archibald Clark and, secondly, the terms of the Codicil of 1866 implies that the businesses had been disposed of.

Codicil, 1866

Archibald Clark, formerly Baker in Renton and then residing in Saint Vincent Street, Glasgow, and his wife, Margaret McAulay or Clark, subscribed a Codicil to the aforesaid Deed and Settlement at Glasgow on 13th January 1866. This must have been done in contemplation of his imminent death, for Archibald died that same evening.

The primary purpose was to amend the provisions originally made in the Deed and Settlement of 1853 with regard to beneficiaries, two of them, John Steel (1859) and Agnes Steel or King (1863), having died during the intervening years. Due acknowledgement of a further change of circumstances was also made by reference to the fact that Catherine Steel was now the wife of William Cunningham and was residing in Canada.

The following provisions (pp. 552 - 553) were substituted for those originally contained in the 1853 Deed:

We hereby direct our said Trustees named in the foregoing Deed to pay to the said Aulay Steel the sum of £500 Sterling, to the said Catherine Steel wife of William Cunningham the sum of £500 Sterling, to the children of the said now deceased John Steel, equally share and share alike the sum of £500 Sterling and to the children of the said Agnes Steel or King the sum of £500 Sterling equally share & share alike payable said sums at the time, and in the manner and under the conditions provided with regard to the provisions conferred by the second purpose of the foregoing Deed, and in lieu of the provisions conferred by said second purpose in favor of Malcolm Clark Archibald Clark Junior Margaret Clark & Ann Clark, we hereby direct our said Trustees after realising our whole estates after the death of the survivor of us, and after paying or setting a sum to meet the provisions above mentioned, to divide the whole rest residue & remainder of our estates both heritable and moveable into 4 equal shares and to pay over one share thereof to each of the said Malcolm Clark, Archibald Clark Junior Margaret Clark & Ann Clark, whom failing to their respective issue equally share & share alike per stirpes.

That the standard legacy of £50 in the 1853 Deed and Settlement was now increased to £500 tends to indicate that Archibald had prospered in the intervening period.

The four heritable properties identified in the 1853 Deed and Settlement had evidently been disposed of by this time, for the Codicil declared;

that the only heritable property to which we have any right or interest is that property situated on the west side of Elliot Street Glasgow, the title to which stands in name of me the said Archibald Clark. I hereby declare that my whole interest in said property consists in the sum of £4500 Sterling advanced by me in loan to my sons Malcolm Clark & Archibald Clark Junior who as partners in the firm of M & A Clark Biscuit Manufacturers, Elliot Street Glasgow, have erected a valuable Biscuit Factory & other buildings upon said property. I direct my said Trustees upon my death with consent of the said Margaret McAulay for any liferent interest she may have to convey & make over the said property in Elliot Street Glasgow to the said Malcolm Clark & Archibald Clark Junior as partners of said firm of M & A Clark, under burden of the said sum of £4500 Sterling

The Codicil also contained detailed and exhaustive provision for the powers of the Trustees, much of which might be considered superfluous and certainly discloses no useful information for family history purposes.

The Codicil, written on two pages by Robert Renton, Writer in Glasgow, were subscribed by Archibald Clark and Margaret McAulay or Clark at Glasgow on 13th January 1866, as witnessed by the said Robert Renton, Archibald Clark Junior and John Thomson, of 24, Cleveland Street Glasgow. Archibald Clark died at eight o’clock that same evening.

The Codicil was recorded in the Books of Council and Session on 26th January 1866.

Inventory

R. Renton, Writer in Glasgow, compeared at Glasgow on 3rd February 1866 and gave in to be recorded the:

Inventory of the personal Estate wheresoever situated of Archibald Clark sometime Baker at Renton thereafter residing in Saint Vincent Street Glasgow who died at Glasgow on the 13th day of January 1866 years
The financial assets, all situated in Scotland, set out therein can be tabulated as follows:

1. Cash in the House    £1  10/ -
2. Household furniture and other personal effects of deceased conform to appraisement   £63  13/ -
3. Balance due to deceased on an account current with the Clydesdale Banking Company
(Moore Place Branch) Glasgow
 £692  1/ 9
Interest thereon to date of death    £1  1/ 2
Ditto to date of oath to Inventory    £1  7/ 4
 £694 10/ 3
4. Debts due to deceased upon the following documents vizt.
(1) Agreement by and between the said deceased Archibald Clark first party, Margaret McAulay or Clark, Spouse of said Archibald Clark and with his consent second party and Janet McAuslan or Steele Baker in Renton Executrix Dative qua Relict of the late John Steele Baker there, third party containing Bond by said third party in favor of the other parties dated 23d April and 23 May 1860, - Balance of principle due deceased £200  -/ -
With interest thereon  £202  4/ 4
(2) Acknowledgement by Robert Callander & Son Cabinet Makers Falkirk dated (no date given)  £100  -/ -
With interest thereon  £101  2/ 2
(3) Bill by Walter McFarlane Alexandria   £25  -/ -
 £328  6/ 6
5. Fifty £10 shares of the City and Suburban Gas Company of Glasgow at the price of £14 12/6d at date of oath to Inventory  £731  5/ -
6. Twenty £5 shares of the Alexandria Gas Light Company value at the date of oath  £100  -/ -
7. £600 Stock of the Consolidated Capital of the Clydesdale Banking Company Glasgow at the price of £210 at date of oath to Inventory £1260  -/ -
Amount of personal Estate of deceased wheresoever situated £3179  4  9

Malcolm Clark, biscuit manufacturer in Glasgow, one of the Executors of the deceased Archibald Clark, appeared at Glasgow on 2nd February 1866 in the presence of George Webster Snodgrass, Esquire, one of Her Majesty’s Justices of the Peace for Lanarkshire, and was solemnly sworn and examined.

Confirmation was duly granted, presumably on the following day, in favour of the Deponent and of Archibald Clark Junior and Margaret McAulay or Clark, the surviving Trustees. Margaret McAulay or Clark was not nominated as a Trustee in either the Deed and Settlement of 1853 or the 1866 Codicil; it may be taken that she was appointed by the other two Trustees, as they were duly empowered so to do.

Duty of £60 was paid.

Forebears

Archibald Clark’s parents were entered on his 1805 birth and christening record as ‘Malcom Clerk’ and ‘Ann Allen’, of Larbert, Stirlingshire.

They were recalled on his 1866 death certificate as Malcolm Clark, mercantile clerk, and Ann Clark MS Allan, both deceased.