McManus 168

Subscriber no.18 – Edward Baxter  – cousin of David Small.

Subscriber no.23 – Miss Baxter of Balgavies – cousin of David Small.

Subscriber no.24 – Miss M.A. Baxter – cousin of David Small.

Subscriber no.29 – Sir David Baxter – cousin of David Small.

Subscriber no.57 – William Collier – married to David Small’s sister, Margaret.

Subscriber no.230 – Robert Small – brother of David Small.

Subscriber no.231 – William Small – brother of David Small.

Subscriber no.55 – Peter Carmichael – next door neighbour of David Small, who lived at his house, Springhill, for a time.

Subscriber no.260 – Lord Kinnaird – Shiell & Small were factors for his Rossie Priory Estate.

A cousin, a daughter of Edward Baxter, was married to George Armitstead

John Shiell married Alexandrine Wilhelmina Ursula Korn, and her maternal uncle was Ivan Herman Mollwo, who married Jane or Jean Crichton, daughter of John Crighton MD and his wife, Elizabeth Baxter. Elizabeth Baxter was the elder sister of William Collier’s mother, Isabella Baxter, and Robert, William and David Small’s mother, Charlotte Baxter.

The firm of Shiell and Small, solicitors and writers, is usually recorded as having begun as a legal practice in 1832.^[5] The business was first started by John Shiell and David Small^[6] who were still the senior partners at the time of the Albert Institute subscription.^[7]

David Small was a son of William Small, town clerk of Dundee, who died when David was thirteen. David was apprenticed to Christopher Kerr, his father’s successor as town clerk, before moving to  a legal firm in Edinburgh and studying law at the university there.^[8] David Small graduated from the University of Edinburgh in 1832.^[9] He returned to Dundee to set up in partnership with John Shiell.^[8]

John Shiell was a native of Kelso and was educated there at the grammar school before being articled to an Edinburgh writer. He also studied law at Edinburgh University,^[10] which is probably where he first met his future business partner. In 1829 he took a position as managing clerk at Messrs. Ogilvie in Dundee.^[10]

The new firm first had offices in New Inn Entry,^[1] were briefly in the new Reform Street,^[2] before moving to larger premises in brand new Bank Street^[3] in the 1840s, where they remained, moving from number 3 to number 5.^[11] The partners had their “commodious offices” next to the Dundee Advertiser, built about 1860.^[8]

The new firm became agents for the West of Scotland Fire & Life Assurance Co. for a short period and John Shiell served briefly on the committee of the Public Library, St. Clement’s Lane.^[12] The firm also became clerks to the Dundee & Arbroath Railway Co.^[13] before becoming the law agents and secretaries of the Dundee and Perth and Aberdeen Railway Junction Co.^[14] The firm became secretaries/solicitors of the Dundee New Gas Light Co.^[15] and the Dundee Water Co.,^[16] with Shiell acting as one of the former’s directors for a period.^[17] For many years Shiell & Small acted as one of the Dundee agents for the Standard Life Assurance Co.^[18] Walter T. Currie was a solicitor also associated with the firm from about 1858.^[19]

John Shiell acted as distributor and collector for the Inland Revenue (stamps and taxes) from his Bank Street offices^[20] and David Small was clerk deputy and deputy keeper of the register of sasines before becoming clerk and keeper in his own right.^[21] Both partners became justices of the peace for the county of Forfar, connected with the Dundee district about 1861.

David Small lived in the family home at Edenbank, Ferry Road, Dundee;^[22][23] Springhill, Ferry Road, Dundee;^[24] Blackness House;^[25] 5 Airlie Place, Dundee,^[26] before moving for the rest of his life to Gray House at Liff.^[27] David married Mary Miln in 1843^[28] and the couple had William James (1844),^[29] Mary (1845),^[30] David (1846),^[31] Robert (1848),^[32] Charlotte (1849)^[33] and James Miln (1851).^[34] His wife was the daughter of Mr. Miln of Murie. She pre-deceased her husband in 1853.^[8]

John Shiell lived at 21 King Street, Dundee;^[35] 3 Roseangle, Dundee;^[36] Magdalen Yard Road, Dundee;^[37] St. Mary’s House, Baldovan;^[17] Craigie House, Dundee^[11] and then Kelly Castle, near Arbroath.^[38] John married Alexandrine Wilhelmina Ursula Korn^[39] from Hanover^[40] in 1841, “an accomplished and beautiful German lady,”^[10] and the couple had Anthony George (1842),^[41] John (1843),^[42] George Louis (1844),^[43] Gertrude Minna (1846),^[44] William (1848)^[45] and Edith Alexandrine (1861).^[46] They also had a child who died after a few days in 1849^[47] and possibly another child in 1859.^[48] Alexandrine pre-deceased John by a number of years, dying suddenly and unexpectedly while he was on business in London.^[10]

John Shiell senior, was proprietor of the Smithfield Estate^[10] and was notable as the restorer of Kelly Castle, Arbirlot (known as ‘Kellie’ in the 20th and 21st centuries).^[38] The medieval tower house was the subject of a complete, yet sympathetic restoration and rebuild at almost the same time as the Albert Institute subscription, the work being undertaken by Dundee architect, James Maclaren, who was also architect to Panmure estates.^[49] Shiell needed a Dundee base as well and occupied King Street House, 8 King Street, Dundee.^[50] John was encouraged to undertake the restoration by one of the firm’s principle clients, the Earl of Dalhousie.^[10] John was an “earnest supporter of the established church” and served as an elder at the parish church of Mains before holding the same office at the parish church of Arbirlot. He gave support to the poor of Arbirlot and also gave two silver flagons to the church.^[10]

About a year before his death John was injured in a coaching accident at Dalmally and never completely recovered his health.  After his death in 1875^[51] his son, John Shiell junior, and David Small’s son, Walter James Small, who had both joined the firm about 1871,^[52] carried on the business with David Small and Walter T. Currie. John Shiell junior was educated at both the University of Glasgow and of Edinburgh.^[6] John Shiell senior’s funeral procession from King Street House to the Western Cemetery was marked by the flags on the Old Steeple and the Chamber of Commerce being “drooped” and the bells of the Old Steeple muffled for the occasion, ringing “a mournful peel.”^[53] Shiell left an estate worth more than £80,000 and his executors were David Small and William James Small, solicitors; John Sharp, merchant and Walter Thomson Currie, solicitor, all Dundee and Captain Charles Whyte, his son-in-law.^[54]

Shiell and Small were secretaries to University College, Dundee^[55] and the Dundee Technical Institute and also served as clerks for the Baxter Park Trust and factors for the Dalhousie, Rossie Priory and Baldovan estates.^[5] At the time of David Small’s death in 1885,^[56] the progress of the firm was described:

“The firm, through the ability and energy displayed by the partners, rose into eminence, and speedily gained the confidence of the public, having, before long, an extensive business. In addition to carrying a large legal business, the firm also acted factors for the principal families of the district—namely, the Earls of Dalhousie, Lord Kinnaird, Sir John Ogilvy, Sir David Baxter, &c. Small was cousin of the late Sir David Baxter, and through the relationship was closely connected with the handing over to the town of the Baxter Park, and more recently with the organisation and starting of University College. He was the oldest member of the Faculty of Procurators in Dundee.”^[9]

David Small was a vestryman of St. Paul’s Episcopal Church, Dundee. At his death he was the oldest member of the Dundee Faculty of Procurators, having served as its preses in 1855-1856 and 1883-1885.^[8] David left an estate valued at £84,160 17s. 5d. and his sons William James Small, solicitor, Dundee; Robert Small, St. Andrews and James Miln Small, London were his executors.^[57]

Shiell and Small ceased trading in 1990 and documents from the firm are now with the University of Dundee Archive Services.^[5]