The Stewarts in Hythie, Old Deer, Buchan, Aberdeenshire, Scotland

Branch I, Line 2 of the Stewarts of Ardvorlich

The Stewarts of Hythie, Old Deer, Buchan, Aberdeenshire, Scotland were an illegitimate cadet branch of the Stewarts of Ardvorlich.  They descend from Donald Stewart, an illegitimate grandson of James Stewart, 4th of Ardvorlich, who fought in the Appin Regiment at the Battle of Culloden in 1746.  Donald was recorded as having died at Culloden, but, in fact, he survived and went into hiding for a number of years and eventually settled in Hythie, Aberdeen, Scotland where his descendants remained for at least another five generations before scattering across the globe.

Hythie

Hythie is a small farm settlement located in Old Deer parish, just east of the village of Fetterangus.  It is located in the ancient Earldom of Buchan in Aberdeenshire, Scotland.  Hythie is located about 6 miles WNW of the major port town of Peterhead.  From ancient times to the present, Peterhead has been a major fishing port.  In modern times it also became a major centre for the offshore oil industry.  The area is also rich in history.

The Earldom of Mar and Buchan formed one of the seven original Scottish Earldoms or Mormaerdoms.  The two Earldoms were later separated from each other.  In the days before the Scottish Wars of Independence, the ancient Earldom of Buchan was held by the Comyn family, who were bitter enemies of King Robert The Bruce and it was in the district of Deer that Edward Bruce, brother of Robert The Bruce, finally defeated the Comyns.  After which the Earldom was forfeited and became a royal possession.  It was later granted in the 14th century to Alexander Stewart “The Wolf of Badenoch”, Earl of Buchan, son of King Robert II, the first Stewart king.  After the death of the Wolf of Badenoch, the Earldom of Buchan was assumed by his elder brother, Robert Stewart, Duke of Albany and Regent of Scotland, who passed the Earldom to his son, Murdoch Stewart, 2nd Duke of Albany, from whom descends the Stewarts of Balquhidder.  Murdoch was later forfeited and executed by his cousin, King James I upon the king’s release from his long English imprisonment.  The Earldom of Buchan again lay vacant until it was bestowed on Sir James “The Hearty” Stewart, younger brother of King James II.  The Earldom was held by his heirs until the 17th century when it passed by marriage into the family of Erskine who hold it to this day.

In the time of Donald Stewart’s settling in Hythie, the Earl of that day was Henry David Erskine, 10th Earl of Buchan (1710-1767).  As we find no record of any forfeiture in 1745 it is presumed that the Erskines were Hanoverians and not Jacobites.

For more information on the Earldom of Buchan please go here.

The district of Deer within the Earldom of Buchan was allegedly given its name by St. Columba around the year 580 on a visit to Aberdour after the occasion of a miraculous healing.  A Columban monastery was founded which lasted until the reign of King David I in the 12th century.  The district of Deer was later divided into Old Deer and New Deer, the former becoming a parish seat.

For more information on the parish of Old Deer please go here.

The farmstead of Hythie is located in the parish of Old Deer, just east of the village of Fetterangus.  The farmstead of Hythie includes the lesser farms of Newton of Hythie, Middle Hythie and Nether Hythie.  A photo of the remains of the cottage at Middle Hythie is shown above and is the only photo we presently have of Hythie.  Whether any of the Stewarts of Hythie ever occupied the cottage in the photo is not known, but it would likely date from the era of their ownership and would have been on their property.

The Origin of the Stewarts in Hythie

There is a certain degree of confusion and uncertainty surrounding the origin of the Stewarts of Hythie.  The Stewarts of Hythie can be traced with certainty back to Donald Stewart, 1st of Hythie.  Donald was described in very early family tradition as a “former laird” who held an estate named “Ballyhallan” at “the mouth of the Highlands.”  The early family traditions were recounted by Donald’s grandson, Alexander Stewart, to his son George who committed them to paper for our preservation.  As these traditions find their oral source only two generations removed from the actual subject and were committed to written form only one generation later then we consider them to be fairly reliable, albeit not entirely free from error or slight confusion.

George Stewart wrote that his great-grandfather Donald had been Governor of Doune Castle in the name of Bonnie Prince Charlie during The Jacobite Rising of 1745, and that he had been the inspiration for one of the main characters in Sir Walter Scott’s novel, Waverly.  The tradition claimed that Donald was forfeited after The ’45 for siding with the Jacobites and that he had to “take to the hills” wandering in hiding for several years until it was safe to settle down again.  At which time he acquired the farmstead of Hythie in Buchan.

Donald’s great-grandson, George Stewart (1799-1882) upon learning of this tradition from his father set out to research it in more depth and try to ascertain the exact location of his family’s pre-’45 holdings.  All he had to go on were the facts that his great-grandfather was named Donald Stewart, that he had held Doune Castle for the Jacobites during the Rising, and that he was laird of a farmstead called “Ballyhallan.”  Upon checking a map he discovered the farmstead of Ballochallan located not far from Doune Castle and concluded (probably correctly) that Ballochallan and Ballyhallan must be the same place.

In support of the family tradition we find that there is a Donald Stewart recorded in the Muster Rolls of The ’45 as being the son of “David Stewart of Ballochallan.”  This Donald was recorded as having died at the Battle of Culloden in 1746.

The “Real” Stewarts of Ballochallan

The difficulty in correctly identifying the origin of this family comes from the styling of Donald Stewart as being “laird of Ballochallan” and/or son of “David Stewart of Ballochallan.” There was indeed a family of Stewarts residing at Ballochallan throughout the 18th century. And there was a David Stewart of Ballochallan alive at the time of the Battle of Culloden: namely David Hume Stewart, 3rd of Ballochallan.  David Hume Stewart’s grandfather, Duncan Stewart acquired the lands of Ballochallan from Walter Graham of Ballochallan in 1664.  Duncan Stewart, 1st of Ballochallan, was a younger son of John Stewart, 2nd of Annat. (see Stewarts of Ballochallan).

The estate of Ballochallan passed in clean succession from Duncan Stewart, 1st of Ballochallan, to his son George Stewart, 2nd of Ballochallan, to his son David Hume Stewart, 3rd of Ballochallan, who had no children and who passed the estate on to his nephew, George Home-Stewart, 4th of Ballochallan. We don’t know exactly when David Hume Stewart died, but his nephew and heir, George, was not born until about 1745 and appears not to have inherited his uncle’s estates until after he reached the age of majority. Thus David Hume Stewart must have lived until long after the Jacobite Rising.

David Hume Stewart was an ambitious and probably even greedy man who had not only inherited Ballochallan but had also inherited the estate of Argaty from his father and was intent on expanding his holdings. To this end he purchased the estate of Annat from his cousin and attempted to purchase the estate of Ardvorlich, but was rebuffed. Through David’s acquisitions, his descendants became one of the most financially prosperous branches of our Stewart clan. David would have been loathe to put his vast estates at risk by siding with the Jacobites, even without the benefit of hindsight. The fact that David held his estates before, during and after the Jacobite Rising and was never forfeited firmly suggests that he was not a Jacobite. We know that David’s brother, George Home-Stewart had strong Jacobite sympathies, but George was politically astute enough to play both sides without losing his own vast estates — literally by supporting the Rising from his American estates through his sons, while opposing the Rising personally from his Scottish estates.

David Hume Stewart is recorded as having died without issue — he had no legitimate children. It is possible to suggest that he could have had an illegitimate son named Donald who was a Jacobite, but without being legitimized he would never have been heir of Ballochallan, and there is no record of any such son nor any such act of legitimizing. Furthermore, David Hume Stewart of Ballochallan and Donald Stewart, latterly of Hythie, were almost the same age. In fact, Donald may actually have been slightly older. Thus it is chronologically impossible for Donald Stewart, latterly of Hythie, to be a son of David (Hume) Stewart of Ballochallan as the Jacobite Muster Rolls show and as early family tradition maintains. There must be some error in this association.

Perhaps it could be suggested that Donald was an elder brother of David Hume Stewart who had initially inherited Ballochallan prior to The ’45 and was forfeited or presumed deceased (as he was so-recorded) and the estate passed in 1746 to his non-Jacobite brother David Hume Stewart. And perhaps the Muster Rolls and the later family tradition somehow confused Donald’s father with his brother. This is an elegant theory that is perhaps possible, but, the records of the Stewarts of Ballochallan are fairly well-preserved and there is absolutely no record of David Hume Stewart having any elder brother named Donald. It would also be very difficult (though not impossible) to fit such a brother into the accounting of that family.

George Stewart, great-grandson of Donald Stewart, 1st of Hythie, described Donald as “the last laird of Ballochallan.” We can say with absolute certainty that this claim is incorrect. The estate of Ballochallan continued in the same family into the mid-19th century, post-Donald Stewart. Donald Stewart was never a laird of Ballochallan and could never have been.

The “Real” Donald Stewart

If Donald Stewart could not have been a laird of Ballochallan nor a son of David Stewart of Ballochallan, then where did he come from?

If we look to the other clue in the family history — that he was allegedly Governor of Doune Castle during the Jacobite Rising — then we might find our answer.  The governorship of Doune Castle during the Jacobite Rising is unclear and we have not as yet found documentation to settle the matter.  However, we do know that prior to the Rising, the governorship of Doune Castle was held by James Stewart, 4th of Ardvorlich, who was also Chamberlain to the Earl Moray and Justice of the Peace for Perthshire.  The Earl of Moray was the owner of Doune Castle.  James Stewart of Ardvorlich was his senior administrator.

James Stewart, 4th of Ardvorlich, had four sons among whom he appears to have tried to divide his estates and titles somewhat evenly:

1. 1. Robert Stewart, eldest son, became heir to the principal estate of Ardvorlich of which Robert became 5th laird.  Robert was not a Jacobite and held the estate through The ’45.
   2. David Stewart, second son, was given the Ardvorlich portion of the lands of Glen Finglas and became Forester for the Earl of Moray in Glen Finglas.  Glen Finglas was one of the most popular royal hunting forests under the oversight and ownership of the Earl of Moray and the position of Earl’s Forester would have been a powerful one. David Stewart was a Jacobite and was arrested after The ’45 and imprisoned in the tollbooth at Stirling where he later died.  He is believed, but not confirmed, to have also inherited his father’s office of Governor of Doune Castle. He also had a son named Donald. We will say more of Donald below.
   3. James Stewart, third son, received the family estates of McCorriston, southwest of Doune.
      Alexander Stewart, fourth son, appears not to have received any portion of his father’s estate, but he married the heiress of Craigton, a cadet branch of the Stewarts of Annat and cousins of the Stewarts of Ballochallan.  The estate of Craigton continued with Alexander’s line.
   4. David Stewart, above, son of James Stewart, 4th of Ardvorlich, and Forester of Glen Finglas had an illegitimate son named Donald Stewart who is described in Stewarts of the South as the “promising youth [who] was slain at the unfortunate battle of Culloden”. The Muster Rolls of The ’45 shows no listing of any Donald Stewart, son of David Stewart in Glen Finglas. They do, however, show the listing, noted above, for Donald Stewart, son of David Stewart of Ballochallan. As there was no such person as “Donald Stewart son of David Stewart of Ballochallan” we believe the entry in the Muster Roll to be a mistaken reference to Donald Stewart, son of David Stewart, Forester of Glen Finglas.

Donald Stewart, son of David Stewart, Forester of Glen Finglas, was the same age as Donald Stewart, latterly of Hythie. His grandfather was the Governor of Doune Castle. His father was believed to be the Governor of Doune Castle and was arrested as a Jacobite. It stands to reason that there’s a very good chance Donald could have acted in his father’s capacity as Governor of Doune Castle during the Rising. At the very least, here we have a family in whom the office of Governor of Doune Castle was vested with a David Stewart and his son Donald who were both Jacobites, and who is a chronological match for Donald Stewart, latterly of Hythie. 

It seems very reasonable to suggest that the Muster Rolls somehow made an error in accounting for Donald as being a son of David Stewart “of Ballochallan” when we know no such person could have existed. It is entirely possible that David Stewart, Forester of Glen Finglas, being a reasonably close cousin of the Stewarts of Ballochallan, could have resided at Ballochallan, in which case he should properly have been styled “in Ballochallan” rather than “of Ballochallan,” But we have no record of where he actually resided so such is merely speculation. Either way, if we discount the clearly erroneous styling “of Ballochallan” from the record of the Muster Rolls then we are left with a “Donald Stewart, son of David Stewart” who came from near Doune and it would seem we have a match.

The only challenge here is that this Donald Stewart is recorded as having died at Culloden.  This is a simple obstacle to overcome if we interpret “died” as “not found alive and presumed dead.” If Donald indeed had survived Culloden and had in fact acted as Rebel Governor of Doune Castle during the Rising, or at the very least was the son of the next best candidate for the Rebel Governor of Doune Castle, then Donald would have been highly sought after for arrest and execution. He would have had a very compelling motive to either create the illusion of his own death or at least to do absolutely nothing to dispel any such mistaken impression. If the Hanoverian government believed Donald was dead then they would not be looking for him and there was a better chance that he could survive in hiding and perhaps one day come down from the hills and resume a normal life…

…perhaps far to the east, in Aberdeenshire, in the Earldom of Buchan, on a farm called Hythie.

It is the opinion of the Stewarts of Balquhidder Research Group that Donald Stewart, latterly of Hythie, is indeed the illegitimate son of David Stewart, Forester of Glen Finglas and likely Governor of Doune Castle, and grandson of James Stewart, 4th of Ardvorlich, Governor of Doune Castle.

And thus we now begin our accounting of the Stewarts of Hythie with Donald Stewart, who, according to his own grandson, was a Jacobite fugitive who was allegedly Governor of Doune Castle and took to the hills in hiding until it was safe to emerge and then acquired the farmstead of Hythie.

Donald Stewart, 1st in Hythie

Donald STEWART, 1st in Hythie b: ABT 1715 in probably Glen Finglas, Callander, Perthshire, Scotland.  MacGregor indicates Donald was a natural son, so his real mother is unknown. Donald served in the Appin Regiment during the ’45 and was presumed killed at the battle of Culloden.

From Stewarts of the South: “Next David his brother was Tenant in Glenfinglas (and sometimes in Macorriston) was Forrester to the Earl of Murray he was married to a daughter of Steward of Balled widow of Campbell of Lochdochard by whom he had one son – he was a promising youth he was slain at the unfortunate battle of Culloden.”

However recent research has revealed that Donald did not perish at Culloden, but fled to Hythie, Aberdeen where his descendants lived for a further 100 years before emigrating to England and Canada.

Robert Stewart Clark of Guelph had an “In Memoriam” card as follows: “In affectionate memory of John Stewart, son of Alexander Stewart of Aberdour, Aberdeenshire, Scotland, great-grandson of Donald Stuart (sic) of Ballochallan, Perthshire, Governor of Doune Castle for Prince Charles Edward 1745….”

Recollections from Donald’s great-grandson, George Stewart (1799-1882), include: “I can remember that when I was a very little boy, my father told us that his grandfather was a laird; and lost his land by joining Prince Charles; and wandered about from place to place with our grandfather (then a boy) to conceal themselves until at last they settled at Hythie some time after the rebellion was over…. I was told that the name of [the former estate] was “Bally-hallen” and that it was in the mouth of the highlands.” This recollection fits well with the story of Donald Stewart and picks up on the confusion with the Stewarts of Ballachallan. George goes on to conclude that his ancestor was “Donald Stuart, governor of Doune Castle” for Prince Charles during the ’45 and was “the last Stewart laird of Ballachallan near Doune”. One look at the correct family of Ballachallan will show the connection to Ballachallan to be impossible. However, the reference to “governor of Doune Castle” is consistent with Donald Stewart, son of David Stewart, Forester of Glen Finglas and Governor of Doune Castle, and son of James Stewart, 4th of Ardvorlich and Governor of Doune Castle.

Later in George’s letters he indicates that Donald Stewart was buried in the churchyard at Fetterangus without any monumental stone to mark the spot.

Donald was father of:

1. William STEWART, 2nd in Hythie b: ABT 1735 in Perthshire, Scotland.  William is described below.

William Stewart, 2nd of Hythie

UPDATES PENDING

William STEWART 2nd of Hythie b: ABT 1735 in Perthshire, Scotland.  William’s identity was recorded by his grandson, George Stewart, in the family history written in 1848. William’s date of birth is given in family records as 1754, but that is chronologically impossible. His first son was allegedly born in 1770 and even that date is questionably late. The IGI reveals a birth for an Alexander Stewart, bap 9 DEC 1762 in Old Deer, son of William Stewart and Jean Warrender. The original film has not yet been consulted to verify place of birth. However IGI and census records show that there was no other Stewart family in Old Deer parish except this one until the mid-19th century. Thus it seems nearly certain that this entry pertains to this William and is likely the correct birth for his son Alexander. This would make the likely birth for his eldest son John more likely to be ca. 1760 and William’s birth to be more likely ca. 1735. Such a date fits better with the family tradition that William was with his father while his father was living as a fugitive and would thus have been born prior to 1745. William was father of:

1. 1. John STEWART 3rd of Hythie b: 1770 in Hythie, Old Deer, Aberdeenshire, Scotland.
      1. John’s information and descendants are presented immediately below.
   2. Alexander STEWART in (New) Aberdour b: 1772 in Hythie, Old Deer, Aberdeenshire, Scotland
      1. Alexander’s information and descendants are presented further below.
   3. Margaret STEWART b: 1773 in Hythie, Old Deer, Aberdeenshire, Scotland.  Margaret died unmarried in 1847.

John Stewart, 3rd in Hythie

John STEWART, 3rd in Hythie b: 1770 in Hythie, Old Deer, Aberdeenshire, Scotland.  John Stewart’s nephew, George Stewart wrote a family history in 1848 in which John is described as “John Stewart, my uncle, lived in the family cottage [at Hythie] and died some years ago having five or six sons and I believe one daughter. I believe one of the sons still lives in the same cottage and one is dead and the others live in the neighbourhood with large families.” An examination of IGI baptism and marriage records as well as census records for 1841-1861 reveals a family that is an exact match for the description above. Furthermore the same documents reveal that virtually all persons with the surname of Stewart who resided in Old Deer parish from the mid-18th through the mid-19th centuries can be accounted for in this family. That is, it appears that with the exception of a few strays, it appears that the Stewarts of Hythie comprised the only Stewart family in the parish of Old Deer. The descendants of John Stewart shown here are not confirmed but are presented with the preceding qualifiers in mind. John Stewart is not found in the 1841 census or any subsequent census records which is consistent with his nephew’s description in 1848 that John died “several years ago.” John’s widow, Jean Leighton, can be found in 1841 and 1851 residing at Upper Hythie and shown as a crofter of 3 acres. She is residing adjacent to her eldest son James. In the 1841 and 1851 census records Hythie is sometimes accounted as being in Banffshire.  John married on 05 JUL 1798 in Old Deer, Aberdeenshire, Scotland to Jean LEIGHTON b: 1772 in Peterhead, Aberdeenshire, Scotland.  They had the following children:

1. 1. James STEWART 4th in Hythie b: 23 APR 1799 in Pitscow, Old Deer, Aberdeenshire, Scotland.
      1. James’ information and descendants are presented below
   2. Alexander STEWART b: 08 FEB 1801 in Hythie, Old Deer, Aberdeenshire, Scotland.  Alexander was a witness to the baptism of his nephew James Stewart on 27 APR 1830.  In 1841 Alexander was residing in Nether Gavel near Hythie with his wife and children and was employed as a vintner like his brother James. In 1851 Alexander was residing at Milltown of Gaval near Hythie with his wife and children and employed as a farmer of 40 acres employing 2 men. In 1861 Alexander was residing in East Toux (Touse) near Hythie, widowed, with his children and employed as a crofter of 11 acres. In 1871 Alexander was residing in Mains of Pitfour near Hythie and employed as a crofter of 15 acres. In 1881 Alexander was residing in Brakeshill near Hythie and employed as a crofter of 11 acres. No record of Alexander’s marriage to Jean Guthrie has been found.  James had relations with or married Jean GUTHRIE b: ABT 30 NOV 1802 in Peterhead, Aberdeenshire, Scotland.  No record of their marriage has been found.  They had the following children:
      1. Son STEWART b: ABT 1825 in Old Deer, Aberdeenshire, Scotland.  This son’s name is not known, nor has any record been found of him. His father, Alexander, is found in 1861 residing with two granddaughters (shown as daughters of this unknown son). As the granddaughters are surnamed Stewart then it is presumed their father was a Stewart and thus they would be the children of an unknown son of Alexander. However no record of such a son has been found and there is no record of the births of these daughters in the IGI. This son and his wife are presumed to have died after the birth of their second daughter in 1860 and prior to the 1861 census.  He is suggested as father of:
         1. Jane G STEWART b: 1856 in Old Deer, Aberdeenshire, Scotland.  Jane is found residing with her grandfather, Alexander Stewart, in 1861, 1871 and 1881. Her parents are unknown.
         2. Isabella STEWART b: 1860 in Old Deer, Aberdeenshire, Scotland.  Isabella is found in 1861 residing with her grandfather, Alexander Stewart. She has not been found in any later census records and may have died in childhood.
      2. Agnes STEWART b: 1827 in Old Deer, Aberdeenshire, Scotland.  Agnes is found residing with her parents in Nether Gaval in 1841 and is not found with her parents in 1851. She may have married or died young.
      3. Jean STEWART b: 18 NOV 1830 in Old Deer, Aberdeenshire, Scotland.  Jean is found in 1841 residing at Nether Gaval with her parents. She is believed to have had relations with John Jaffray by whom she had a child, Alexander Jaffray, who is believed to be the Alexander “Raffan” incorrectly transcribed in the 1851 census living in Milltown of Gaval with his grandfather, Alexander Stewart.
         1. Alexander JAFFRAY b: 18 NOV 1848 in Old Deer, Aberdeenshire, Scotland.  Alexander is believed to be the Alexander “Raffan” incorrectly transcribed and residing in 1851 in Milltown of Gaval with his grandfather, Alexander Stewart. Alexander may have have been illegitimate and orphaned.
      4. Margaret STEWART b: 09 NOV 1833 in Hythie, Old Deer, Aberdeenshire, Scotland.  Margaret is found in from 1841-1881 residing with her birth family. In 1871 she also has her daughter, Isabella Sinclair, residing with her, believed to be illegitimate. Margaret is believed to have had relations with Peter Sinclair. No record of any marriage has been found and they had only one child together.
         1. Isabella SINCLAIR b: 08 AUG 1859 in Old Deer, Aberdeenshire, Scotland.  Isabella is found in 1871 residing with her mother and grandfather. Her birth records her surname as “Sinclair or Stuart” which may indicate she was illegitimate. There is no record of her parents’ marriage and they had only one child.
      5. Mary STEWART b: MAY 1841 in Lonmay, Aberdeenshire, Scotland.  Mary is recorded as being one month old in the 1841 census which was conducted in June 1841. She is found residing with her birth family in 1841 and 1851. Her later whereabouts are unknown.
      6. Isaac STEWART b: ABT 01 MAR 1847 in Old Deer, Aberdeenshire, Scotland.  Mary is recorded as being one month old in the 1841 census which was conducted in June 1841. She is found residing with her birth family in 1841 and 1851. Her later whereabouts are unknown.
   3. John STEWART b: ABT 27 FEB 1803 in Hythie, Old Deer, Aberdeenshire, Scotland.  John has not been found in any census records. He may have emigrated or died prior to 1841.  John was a witness to the baptism of his nephew James Stewart on 27 APR 1830.
   4. May STEWART b: ABT 11 MAY 1805 in Hythie, Old Deer, Aberdeenshire, Scotland.  May is found in 1841 and 1851 residing at Upper Hythie with her mother. In 1861 she is found residing at Upper Hythie in her own cottage and working as a stocking knitter. May never married nor had children.
   5. Thomas STEWART b: 15 DEC 1806 in Hythie, Old Deer, Aberdeenshire, Scotland.  Thomas has not been found in any census records. He may have emigrated or died prior to 1841.
   6. Jean STEWART b: ABT 06 JUN 1811 in Hythie, Old Deer, Aberdeenshire, Scotland.  Jean is believed to have had relations with William Milne by whom she had two sons shown here. No record of a marriage has been found and Jean continues to go by her maiden name in later census records while her sons bear their father’s surname. Thus it is suspected the sons may be illegitimate.
      1. John MILNE b: 16 MAY 1834 in Old Deer, Aberdeenshire, Scotland.  In 1841 John was residing at Upper Hythie with his mother and grandmother.
      2. George MILNE b: 02 MAR 1837 in Old Deer, Aberdeenshire, Scotland.  In 1841 George was residing at Upper Hythie with his mother and grandmother.

James Stewart, 4th in Hythie

James STEWART, 4th in Hythie b: 23 APR 1799 in Pitscow, Old Deer, Aberdeenshire, Scotland.  In 1841 James was residing at Upper Hythie, Old Deer, Aberdeenshire (Banffshire), Scotland with his wife and children. He was a crofter. In 1851 James was residing at Upper Hythie with his wife and children and was working as a crofter and vintner. His brother Alexander was residing on the adjacent croft of Milltown of Gaval and was also working as a vintner. In 1861 James is not found and his widow was residing at Hythie with her children and was working as a crofter of 11 acres.  James married on 18 JUL 1824 in Old Deer, Aberdeenshire, Scotland to Dorothea SANGSTER b: 29 MAY 1804 in Lonmay, Aberdeenshire, Scotland, daughter of Basil Sangster and Christian Presley. James and Dorothy had the following children:

1. 1. George STEWART b: 25 MAY 1825 in Hythie, Old Deer, Aberdeenshire, Scotland.  In 1841 George was residing in the Village of Deer employed as a shoemaker apprentice to William Davidson. According to an unsourced on-line biography, “George Stewart served with the rank of Captain in the Mexican War, organizing a company for duty at the front and remaining with his command for two years. Again his patrioting (sic) spirit was aroused to the point of military activity when in 1864 the south attempted to overthrow the Union and he organized the Fifteenth Illinois Calvary, of which he remained Captain for six years. He did reconstruction work over the south after the war.”  George married on 06 APR 1854 in Frankfort, Herkimer, New York, USA to Margaret Jane TERPENING b: 29 MAR 1833 in Columbia, Herkimer, New York, USA.  They had the following children:
      1. Charles STEWART b: 24 MAR 1855 in New York or Illinois, USA
      2. Arthur George STEWART b: 15 JUL 1856 in Illinois, USA
      3. James Lucas STEWART b: 28 MAY 1859 in Illinois, USA
      4. Frank Robert STEWART b: 26 AUG 1862 in Dekalb, Illinois, USA
      5. Mae E STEWART b: 09 DEC 1865 in Illinois, USA
      6. Susan Margaret STEWART b: 27 AUG 1869 in Illinois, USA
   2. John STEWART b: 03 OCT 1827 in Brownhill Annochile, Old Deer, Aberdeenshire, Scotland.  John died in childhood.
   3. Mary STEWART b: 1828 in Hythie, Old Deer, Aberdeenshire, Scotland.  Mary is found in 1841 residing at Upper Hythie with her parents. She is not found with her parents in 1851. Some on-line genealogies show her as identical with her sister Marjory/May, but both sisters are found residing together with their parents in 1841 and thus could not be identical.
   4. James STEWART, bap 27 MAR 1829 in Old Deer, Old Deer, Aberdeenshire, Scotland.  His baptism was witnessed by Basil Sangster and William Davidson in Old Deer.  James is presumed to have died in infancy prior to the birth of his same-named brother in 1830.
   5. James STEWART 5th and Last in Hythie b: 27 APR 1830 in Pitscow, Old Deer, Aberdeenshire, Scotland.  James’ baptism was witnessed by John Stewart and Alexander Stewart, both in Hythie.
      1. James’ information and descendants are presented below.
   6. Marjory May STEWART b: 19 SEP 1831 in Lonmay, Aberdeenshire, Scotland.  Marjory (or May) is found in 1841 residing in Upper Hythie, Old Deer, Aberdeenshire, Scotland with her parents and siblings. She is not found with her family in 1851. Some online genealogies show her as identical with her sister Mary, but both sisters are found living together with their parents in 1841 and thus could not be identical.  Marjory married on 22 JUN 1850 in Lonmay, Aberdeenshire, Scotland to George WALKER b: 09 JUL 1826 in Lonmay, Aberdeenshire, Scotland.  They had the following children:
      1. George WALKER b: 08 SEP 1850 in Lonmay, Aberdeenshire, Scotland
      2. Dorothy WALKER b: 08 JUL 1852 in Lonmay, Aberdeenshire, Scotland
      3. Mary WALKER b: 13 JAN 1855 in Lonmay, Aberdeenshire, Scotland
      4. James S WALKER b: 18 AUG 1857 in Longside, Aberdeenshire, Scotland
      5. Isabella Forrest WALKER b: 16 FEB 1862 in Longside, Aberdeenshire, Scotland
      6. Alexander WALKER b: 04 MAR 1864 in Longside, Aberdeenshire, Scotland
      7. Marjory WALKER b: 03 MAR 1866 in Longside, Aberdeenshire, Scotland
      8. William WALKER b: 15 NOV 1869 in Longside, Aberdeenshire, Scotland
      9. Charles Simpson WALKER b: 16 NOV 1872 in Longside, Aberdeenshire, Scotland
      10. Jane Ann WALKER b: 12 SEP 1876 in St Fergus, Aberdeenshire, Scotland
   7. Isabella STEWART b: 21 APR 1833 in Pitscow, Old Deer, Aberdeenshire, Scotland.  Isabella is found in 1841 and 1851 residing at Upper Hythie with her parents. She is not found in 1861 and is presumed to have either married, died or emigrated.
   8. Jane STEWART b: 01 FEB 1835 in Pitscow, Old Deer, Aberdeenshire, Scotland.  Jane died in childhood.
   9. Alexander STEWART b: 08 SEP 1836 in Lonmay, Aberdeenshire, Scotland.  Alexander is found in 1841 and 1851 residing at Upper Hythie with his parents.
   10. William STEWART b: 14 AUG 1839 in Upper Hythie, Old Deer, Aberdeenshire, Scotland.  William is found in 1841 and 1851 residing at Upper Hythie with his parents and siblings. In 1861 he is found residing at Upper Hythie with his widowed mother and was employed as a tailor.
   11. Charles STEWART b: 03 JUN 1846 in Upper Hythie, Old Deer, Aberdeenshire, Scotland.  Charles is found in 1851 residing at Upper Hythie with his parents and siblings. In 1861 he is found residing at Upper Hythie with his widowed mother.
   12. John STEWART b: 15 DEC 1851 in Upper Hythie, Old Deer, Aberdeenshire, Scotland.  John is found in 1861 residing at Upper Hythie with his widowed mother and siblings.

James Stewart, 5th and Last in Hythie

James STEWART, 5th and Last in Hythie b: 27 APR 1830 in Pitscow, Old Deer, Aberdeenshire, Scotland.  James first recorded child was born in 1863 in Brazil. Given the gap between his marriage in Aberdeen in 1859 and Jane’s birth, it would seem likely that James and Isabella probably had at least one other child while in Brazil who did not survive. The reason for their move to Brazil is not known. However the reason for their short stay and quick return back to Scotland seems to be coincident with the death of James’ father, so it would seem likely they returned home for James to assume ownership of Hythie. An online family tree gives James’ date of death as 1872 however his wife is shown as widowed in the 1871 census, so his date of death may be incorrect. James widow was residing in 1871 at Upper Hythie with her five children all under age 10.  Isabella married secondly on 7 APR 1877 in Strichen, Aberdeen, Scotland to James ANGUS, b 1837 in Longside, Aberdeenshire and moved to Kininmonth, Old Deer, where James Angus was a crofter of 14 acres.  Hythie passed out of Stewarts hands after five generations.  James Stewart married on 17 FEB 1859 in Strichen Parish, Aberdeenshire, Scotland to Isabella HEMINGWAY b: 1834 in Strichen Parish, Aberdeenshire, Scotland.  They had the following children:

1. Jane STEWART b: 1863 in Bakia, Brazil, South America.  In 1881 Jane was residing in Kininmonth, Lonmay working as a servant for Alexander Reid.
2. James STEWART b: 11 JUL 1864 in Upper Hythie, Old Deer, Aberdeenshire, Scotland.  In 1881 James Stewart was residing at Little Mill in Old Deer working as a farm servant for Alexander Mather.
3. George Hemingway STEWART b: 01 FEB 1866 in Upper Hythie, Old Deer, Aberdeenshire, Scotland.  In 1881 George Stewart was residing in Kininmonth, Lonmay, working as a farm servant for William Lawrance.
4. Janetta Morrison STEWART b: 22 JUL 1867 in Upper Hythie, Old Deer, Aberdeenshire, Scotland.  In 1881 Janetta was residing in Kininmonth with her mother and step-father.
5. Isabella Clark STEWART b: 14 OCT 1868 in Upper Hythie, Old Deer, Aberdeenshire, Scotland.  In 1881 Isabella was residing in Kininmonth with her mother and step-father.

Alexander Stewart of Copland Hill

Copland Hill, a former farmstead, is now a suburb of Peterhead
www.multimap.com

This line is being researched by Malcolm Sissons.

Alexander STEWART of Copland Hill b: 08 JUN 1810 in New Aberdour, Aberdeenshire, Scotland.

According to Malcolm Sisson’s notes, Alexander owned Copland Hill, a farm formerly just to the west of Peterhead, which has since become subsumed by the town of Peterhead. Alexander is found in 1841 residing at Copland Hill with his wife, his sons Robert and Alexander, and his brother William. Alexander is recorded as “proprietor” of Copland Hill.  Alexander married on 18 JUN 1835 in New Aberdour, Aberdeenshire, Scotland to Agnes WALKER b: ABT 22 NOV 1813 in New Aberdour, Aberdeenshire, Scotland.  They had four children shown below. Then Alexander died in Nov. 1841.  Agnes married secondly on 18 JUN 1846 in Peterhead, Aberdeen, Scotland to John FINNIE. They had six children together.  Agnes’ children by John Finnie are beyond the scope of this report.  Alexander and Agnes had the following children:

1. 1. Robert Walker STEWART b: 06 APR 1836 in St. Fergus, Buchan, Aberdeenshire, Scotland.  Robert was five years old when his father died. He’d already lost both his sisters. Then when Robert was 19 his younger brother died, leaving just Robert and his mother who was, by this time, remarried with a new family. According to Malcolm Sissons: “Robert was born in St. Fergus, about 5 miles north of Peterhead on the coast. It is probable that he grew up in the Peterhead area. We don’t know when he emigrated but either as a youngster with his family or as a young man. (sic) He was about 23 when he married in Guelph.  In the 1882-83 Vernon Directory, Robert is listed as a carpenter, with a house at 332 Woolwich in Guelph, along with children Agnes, a teacher, and Alexander W., a clerk. After Isobella died in 1883, Robert began drinking and left Guelph but he returned in poor health shortly before he died in 1907.”  Robert married firstly in 1856 in Aberdeenshire to Christian Smith. What became of her is unknown but Robert is found three years later marrying his second wife in Guelph, Wellington County, Ontario, Canada. Thus Robert must have immigrated sometime between 1856-1859.

Robert Walker Stewart and family
Back: Agnes Celine Stewart, Robert Walker Stewart, Minerva May Stewart
Front: William Stewart, Isobella G. Wilson, Alexander W. Stewart
submitted by Malcolm Sissons

Robert Walker Stewart married firstly on 20 MAR 1856 in St. Fergus, Banff, Scotland to Christian SMITH b: ABT 1836 in Aberdeenshire, Scotland.  Her parents are unknown.  There are no known children from this union.  It is presumed that Christian Smith died as Robert emigrated very shortly after the marriage and married secondly on 04 OCT 1859 in Guelph, Wellington County, Ontario, Canada to Isobella G. WILSON b: 12 AUG 1841 in Rockwood, Nassagaweya Township, Halton County, Ontario, Canada, daughter of Samuel and Margaret Wilson.  Robert and Isobella had the following children:

1. 1. Agnes Celine STEWART b: 25 MAY 1861 in Guelph, Wellington County, Ontario, Canada.  Agnes Celine Stewart was named after her father’s mother, Agnes Walker, or his sister Agnes. She probably grew up in Guelph and was a teacher there (according to 1882-83 Vernon Directory). After her husband’s death in Winnipeg, Agnes took Gerald back to Guelph where they lived from 1904 to 1907 close to their relatives. They went on several trips to Scotland and on one they visited an “aunt” (possibly Robert’s sister Margaret Stewart) in Aberdeen, which is where Gerald’s grandfather clock came from. Gerald and his mother returned to Winnipeg in 1908 and lived in an apartment near the Winnipeg Winter Club, while Gerald began his study of law. Agnes died about 1909 and is buried in St. John’s church cemetery.  Agnes married on 26 FEB 1890 in Guelph, Wellington County, Ontario, Canada to William Thompson RUTHERFORD b: 11 OCT 1843 in Oxford Township, Grenville County, Ontario, Canada, son of William Rutherford and Catharine Craig.  William and Agnes had the following child:
      1. Gerald Stewart RUTHERFORD b: 15 DEC 1890 in Winnipeg, Manitoba, Canada.  The following notes come from Malcolm Sissons:  Gerald was born in a house on Donald St. where the Hudson Bay Co. parkade is located in downtown Winnipeg. After his father died prematurely when he was twelve, his mother took him to her family in Guelph and while living there, Gerald formed a close relationship with his cousins. He and his mother visited Scotland at this time, meeting Lord Frederic Hamilton during the voyage.Gerald and his mother returned to Winnipeg in 1908 and lived in an apartment near the Winnipeg Winter Club, while Gerald began his study of law at the University of Winnipeg and graduated with his B.A. in 1911, and was called to the bar just before he left for the war.

         Gerald had joined the 79th Cameron Highlanders of Canada. However, he was “taken on strength” with 19 other officers from the Camerons in March, 1915, as a lieutenant in the 52nd “New Ontario” Battalion, raised in Port Arthur, Ontario. They landed in England in late 1915. While in camp south of London, Gerald’s friend Lord Frederic Hamilton arranged for Gerald to meet Arthur Conan Doyle who lived near by. Later, in 1916 while on leave, Gerald went to tea with the Bowes-Lyon family, including 16 year old Elizabeth, who later became the Queen (now Queen mother). He spent most of the war in the trenches, starting as lieutenant and listed as a machine gun officer in November 1915. He was promoted to captain on 17 October 1917 and to adjutant to Colonel Foster on 26 December 1917. His unit fought in the battles of Ypres, Mount Sorrel, the Somme, Vimy Ridge, Hill 70, Passchendaele, Amiens, Hindenburg line, Cambrai and Valenciennes. Gerald was wounded in one of the actions when he and his comrades were exposed to a German machine gun when the fog lifted. He was wounded in the stomach although his belt buckle took most of the damage. He served until December 1918 and was “evacuated” 10 February 1919 (i.e. he left the unit). He was awarded the Military Cross by King George V in 1919. Gerald continued his contact with Col. Foster who visited the Rutherford family in Winnipeg.

         “Hope”, as Gerald called her, took a boat to England at the end of the war where they were married in 1918 in London, at St. Margaret’s church (since destroyed). Greta (Jackson) and her husband, Dr. Charles Bunn, attended the couple during the ceremony. Upon their return to Winnipeg, Gerald did law work with the soldier settlement board helping returned soldiers get on to farms and then started with the law firm of Aikens Loftus & Co. During the Winnipeg General Strike of 1919, at the request of the authorities, Gerald helped out on the rifle range, teaching some of the older men how to shoot.

         Gerald and Hope lived in an apartment at the corner of Osborne and Roslyn Road where Margaret Hope (“Babs”) was born on 15 October 1919. The young couple built a house at 200 Cambridge St. in 1923 where Nancy-Ruth (“Nance”) was born on 10 November 1924. During these years, Nellie, the maid, also lived with the family. Gerald was a strict disciplinarian, a view not generally shared by his wife. He enjoyed sports such as swimming and squash.

         In 1926, Gerald established his own law practice in the Somerset block and a few months later joined forces with Alfred Rosevear who was practising law in the same building. They took on a couple more partners, Mssrs. MacIntosh and Johnson, but had to dissolve the firm in about 1930 when they could not get enough clients. During the depression, Gerald went to work for the Debt Adjustment Board which involved farms which were bankrupt and trying to work out ways to keep the family on the farm. A year after he started, Gerald became Chairman, a job which he kept until 1940 when he went to Ottawa where he worked as counsel to the Controllers for the Department of Munitions and Supplies. He returned to Winnipeg in 1941 to take up work as legislative counsel to the Manitoba government. He continued his association with the Cameron Highlanders through the years.

         The family spent most summers from 1932 on at the cottage they built on Clearwater Bay, Lake of the Woods, Ontario, where they were neighbours of the Fred Jacksons. Hope was stricken while at camp and later died, leaving Gerald with a 16 year old Nancy-Ruth at home.
         Gerald continued his career as Legislative Counsel, and revising the statutes of Manitoba, earning him the sobriquet of “Mr. Manitoba” among his colleagues of the Uniform Law Conference. He was also named Queen’s Counsel. During this period, he also served as a major in the Queen’s Own Cameron Highlanders militia regiment. Gerald reached mandatory retirement age (of 65) in 1955 but carried on in this capacity as a “temporary” employee until 1968, and as Revising Officer until 1972 finally quitting at the age of 82.

         After seventeen years as a widower, Gerald remarried to Amy de Jardin in 1959, and acquired a new step family. After retirement, Gerald did some contract work for the Government of British Columbia, revising statutes. Gerald and Amy also made a number of trips to Hawaii, where Amy passed away in February 1980. Gerald continued to live by himself, celebrating his 90th birthday in style at the Fort Garry Hotel, before finally passing away at the age of 96 on 15 July 1987. Gerald is buried in St. John’s cemetary in Winnipeg, a city which he always considered to be the finest in the land

   2. Alexander W. STEWART b: 1865 in Guelph, Wellington County, Ontario, Canada.  According to Malcolm Sissons: “He was apparently a clerk living in his father’s house at 332 Woolwich in Guelph as recorded in the 1882-83 Vernon Directory. He did not marry. Little else is known of him.”
   3. Minerva May STEWART b: 1868 in Guelph, Wellington County, Ontario, Canada.  Minerva married on 03 JUN 1891 in Guelph, Wellington County, Ontario, Canada to William A CLARK b: 1858 in Ontario, Canada.  They had the following child:
      1. Robert Stewart CLARK, King’s Counsel, Ontario Supreme Court Justice, b: 20 MAR 1892 in Guelph, Wellington County, Ontario, Canada.  Stew Clark grew up in Guelph and became a close friend of his cousin Gerald Rutherford, who lived there for a period. He played the piano and was active in theatre. He graduated from the University of Toronto in 1912, whereupon he entered Osgoode Hall, graduating in 1915. He then enlisted with the 64th Guelph Battery of the Royal Canadian Artillery but an injury suffered during training prevented him from serving overseas. Upon discharge, he obtained a position as purchasing agent with the Partridge Rubber Co. Stew joined the staff of barrister Nicol Jeffrey, appointed a Justice of the Supreme Court of Ontario in 1928, at which time Stew opened his own law practice and later associated with J.K. Blair, QC. He acted for 13 years as Guelph city solicitor and 10 years as a member of the Ontario Parole Board. He was appointed a King’s Counsel in 1934. He served as a Judge of Wellington County Court for 18 years. Stew was actively involved at one time or another in the Liberal party, the Masonic Lodge, and various other clubs as well as being an elder of St. Andrews Presbyterian Church. After a period of poor health, he was reconsidering a decision to retire when he died of a heart seizure.
   4. William STEWART b: 1870 in Guelph, Wellington County, Ontario, Canada.  According to Malcolm Sissons, William never married and had no children.
2. Alexander STEWART b: 31 JAN 1838 in Peterhead, Buchan, Aberdeenshire, Scotland.  According to Malcolm Sissons’ report, Alexander died in his teens.
3. Daughter STEWART b: 05 NOV 1839 in Peterhead, Buchan, Aberdeenshire, Scotland.  This un-named daughter died at birth.
4. Jane STEWART b: 05 NOV 1840 in Peterhead, Buchan, Aberdeenshire, Scotland.  Jane died in infancy.

Research Leads

The following Stewarts are found in Old Deer parish and may belong to the above family:

George STEWART and Elspet THOMSON, m 5 DEC 1822 in Old Deer, Aberdeen, Scotland. (could be a first marriage for George Stewart later in Andover, but seems too young)

Janet STUART and James CUMINE, m 19 NOV 1825 in Old Deer, Aberdeen, Scotland

Ann STEWART, b 1821 in Scotland, res 1841 in Middle Hythies, Deer, Banffshire, female servant to William Gall, b 1801 in Banffshire, farmer.

Jean STUART and John SINCLAIR, m 9 JUL 1835 in Old Deer, Aberdeen, Scotland

Jean STEWART and Alexander MCKENZIE

1. Jean MCKENZIE, b 14 APR 1841 in Old Deer

Ann STUART and William LOGAN, m 29 DEC 1841 in Old Deer, Aberdeen, Scotland

Alexander STEWART and Mary ANDERSON, m 22 NOV 1842 in Old Deer, Aberdeen, Scotland

Agnes STEWART and George C SINCLAIR, m 16 JUN 1850 in Old Deer, Aberdeen, Scotland

1. Sarah Pirie SINCLAIR, b 23 JAN 1851 in Old Deer
2. Agnes Leith SINCLAIR, b 7 OCT 1852 in Old Deer
3. Barbara Jane SINCLAIR, b/b 22 MAY/16 JUL 1854 in Old Deer

Jean STEWART and Charles RATTRAY

1. Mary RATTRAY, b 17 JUL 1850 in Old Deer
2. Margaret RATTRAY, b 11 AUF 1852 in Old Deer

Isabella STUART and James HADDEN, m 4 JUN 1853 in Old Deer, Aberdeen, Scotland

Margaret STUART and James MURISON

1. Alexander Stuart MURISON, b/b 16 AUG/29 SEP 1854 in Old Deer

Jane STEWART and William GARDEN

1. David GARDEN, b 5 JUL 1854 in Old Deer

Susan STEWART and John WILLIAMSON

1. Ann WILLIAMSON, b 26 SEP 1854 in Old Deer

Jane STEWART and Alexander GREIG, m 1 JUN 1854 in Old Deer, Aberdeen, Scotland

1. Margaret Addie GREIG, b/b 10 OCT/12 DEC 1854 in Old Deer

James STEWART and Helen DUFF, m 16 NOV 1850 in Tyrie, Aberdeen, Scotland

1. James STEWART, b 17 FEB 1855 in Old Deer, Aberdeen, Scotland
2. Daughter STEWART, b 4 JUL 1857 in Old Deer, Aberdeen, Scotland
3. Margaret STEWART, b 18 SEP 1859 in Old Machar, Aberdeen, Scotland

Margaret STEWART

1. James STEWART, b 5 DEC 1857 in Old Deer, Aberdeen, Scotland

Alexander STEWART and Anne YEATS, m 1 DEC 1859 in Old Deer, Aberdeen, Scotland.  In 1861 Anne, b 1840 in Deer, Aberdeen, along with her son William was boarding at Auchmachar, Old Deer, in the home of James Yeats, b 1821 in Fyvie, Aberdeenshire, cooper, wife Ann, b 1816 in New Deer, Aberdeenshire, children: Alexander Yeats b 1852 in Deer, Aberdeenshire, William Yeats, b 1855 in Deer, Aberdeenshire, George Yeats, b 1859 in Deer, Aberdeenshire.

1. William STEWART (or YEATS), b 22 NOV 1858 in Old Deer, Aberdeen, Scotland
2. Charles Cordiner STEWART, b 18 JUN 1861 in Old Deer, Aberdeen, Scotland

William STEWART and Helen MUNDIE

1. Mary STEWART, b 12 APR 1863 in Old Deer, Aberdeen, Scotland

Robert STEWART and Elizabeth ROBBIE

1. Mary STEWART (or ROBBIE), b 22 JAN 1866 in Old Deer, Aberdeen, Scotland

Mary STUART

1. James Abercromby STUART, b 18 MAY 1866 in Old Deer, Aberdeen, Scotland

James STEWART and Anne MITCHELL, m 21 JUN 1867 in Old Deer, Aberdeen, Scotland

John STEWART and Mary ROBERTSON

1. David STEWART, b 7 FEB 1868 in Old Deer, Aberdeen, Scotland