Part 263s – Smith Robertson Genealogy – Indenture Research – 1827 James Smith

Evening,

This search for the genealogy and ancestral origins of ggg-grandfather James Smith can certainly do a number on my eyes, my brain, and my fingers. My Transcription Project continues.

This next Record is long; eight pages – 811 to 818 as recorded in the Grenada Registers of Records as found in Item 2 of the microfilm FHL [1563380]. The dates of this Record are 16 and 30 June 1827. It is, I believe, an Indenture of Lease and Release or at least it is with reference to a Lot or Parcel of Land in the Town of Saint George. The sale of the property concerned is a described property near Halifax which had involved an estate of the late Betsey Penny, of whose Last Will and Testament was dated 24 August 1824.

All-things-being-equal the James Smith referred to in the Record may have been ggg-grandfather James Smith. From this Record I cannot say that I have encountered any certain clue or suggestion of the ancestry of James Smith. The Record refers to James Smith as a Gentleman of the Island of Grenada.

Here are the eight pages –

My transcription… Please note that if I cannot make out and transcribe a word I usually will insert a blank “_____” in my transcription. If I make an effort to transcribe a word or phrase and if I’m not sure that I am on the right path I will usually end that word or phrase with a question mark “?”. The major frustration this time, apart from the script, the fading, and the obscure or “dirty” and illegible parts of the document, is the fact that the scribe at times, at the end of a line breaks a word without any concern to syllables and in most case will omit a hyphen to indicate a hyphenated or broken word.

(811)

This Indenture made the Sixteenth day of June in the
Year of Our Lord One thousand eight hundred and twenty seven
Between Charles De Bellot Ferdinand De
Creft, Edwart Jules De Poullain Jacques Gerbert Du
mont, Walter Harper and John Lyndsey Church War
dens of the Roman Catholic Chapel in the Town of Saint
George in the Island of Grenada of the first part and Francis
La Barrie and Victor La Barrie Executors appointed in and
by the late Will and Testament of Betsey Penny late of
the said Island deceased of the second part and James Smith
of the said Island Gentleman of the third part Whereas
the said Betsey Penney in and by her last Will and Testa
ment in writing bearing date the twenty fourth day of August
in the year of Our Lord one thousand eight hundred and
twenty four and duly executed for passing Real Estate did
amongst other things give? and bequeath the Lot and Buil
dings wherein she there resided (hereinafter more particularly
mentioned and described) to the Church Wardens of the
Roman Catholic Chapel in Trust to be sold by them and the
proceeds of the Sale to be employed by them for the repair or improve
ments of the said Chapel in the Town or otherwise for the lawful

of

(812)

Of the Church as they should think more proper in their judgement and
the said Testatrix by her said will appointed the said Francis La Barrie
and Victor La Barrie Executor thereofasfor? for and by the said recited Will
the same being duly passed? And recorded in the Office of the Register and
Secretary of the said Island will on reference thereto more fully appear
And whereas the said testatrix hath departed this life
Without altering or revoking the same And whereas the said
Charles De Bellot, Ferdianand De Creft Edward Jules De Poullain
Jacques Gerbet Dumont Walter Harper and John Lyndsey by virtue
of the said will of the said Betsey Penny Have with the purity and
conscience of the said Francis La Barrie and Victor La Barrie
testified by their being parties hereto contracted and agreed to and with
the said James Smith for the absolute sale to him of the Inheritance
in fee simple of and in the said Premises herein before and herein
after ^the particularly mentioned and described at and for the sum of Three
Hundred and Thirty Pounds current Money of Grenada
How this Indenture witneʃseth that the said
Charles De Bellot Ferdinand De Creft, Edward Jules Du
Poullain, Jacques Gerbet Dumont, Walter Harper and John
Lyndsey for and in consideration of the said sum of Three
Hundred and Thirty Pounds current Money by the said
James Smith in hand at or before the sealing and delivery
of these presents did ? and truly paid by and with the _____
consent and direction of the said Francis La Barrie and Victor
La Barrie / testified by their Parties to and sealing and delivering
these presents / the receipt of which paid sum of Three Hun
dred and thirty pounds Current Money being the full consi-
deration for the absolute purchase of the inheritance in fee
simple of the said Premise hereinbefore mentioned and
hereinafter More particularly described to be hereby granted &
released they the said Charles De Bellot Ferdinand
De Creft Edward Jules De Poullain Jacques Gerbet Dumont
Walter Harper and John Lyndsay do hereby acknowledge
and thereof and of and from every part thereof _____
release and for ever discharge the said James Smith his
Heirs Executors Administrators and Aʃsigns _____ _____
presents and for and in consideration of _____ _____ _____

the

(813)

the said Charles De Bellot Ferdinand De Creft Edward Jules De
Poullain Jacques Gerbet Dumont, Walter Harper and John Lyndsey
Have and every and each of them Hath bargained, sold,
aliened, remised and released and by these presents Do and every
and each of them Doth bargain sell alien remise and release, and
also the said Francis La Barrie and Victor La Barrie Have and
each of them Hath bargained sold aliened remised and relea
sed and by these presents do and each of them Doth bargain
sell alien remise and release unto the said James Smith / in his
actual poʃseʃsion now being by virtue of a bargain and sale to
him thereof made for five shillings consideration by Indenture
bearing & on? the day next before the day of the date of these presents
for the _____ of one whole year commencing from the day next
before the day of the said Indenture of bargain and sale and by
force of the Statute for transferring uses into proʃseʃsion / and to this
Heirs and Aʃsigns all that Lot Piece or Parcel of Land situ
ate in the Town of Saint George in the Island aforesaid abutted
and bounded as follows On the North East partly by Halifax Street
and partly by Lands of the said Toussairet Jossett or however
otherwise the same is abutted and bounded known and des
cribbed and all other Erections and Building whatsoever upon the
said Lot Piece or Parcel of Land erected built standing or being
or hereafter to be erected standing or built And also all ways
paths passages waters water courses Easements profits commode
ties advantages imoluments and hereditaments whatsoever
to the said Lot Piece or Parcel of Land and premises with
the appurtenances thereof belonging or in any wise apper-
taining or therewith usually occupied or enjoyed or occupied
_____ deemed taken or known as part parcel or member
thereof or of any part thereof And the reversion and reversions
remainder and remainders rents iʃsues and profits thereof
And all the Estate right title interest use trust claim and
demand whatsoever both at Law and Equity of them the

said

(814)

Said Charles De Bellot Ferdinand De Creft Edward Jules De Poul
lain Jacques Gerbet Dumont, Walter Harper and John Lyndsey and
Francis La Barrie and Victor La Barrie every or either of them of _____
_____ the same every or any part or parcel thereof And all Deeds Evi
dences and writing in their hands or Custody or power which solely relate
to or concern the said premises on any part thereof and true copies
of all such other Deeds Evidence and writings as relate to or the same
jointly with any other lands and hereditaments such copies to be made
and written out at the proper Costs and Charges of the said James
Smith his heirs or Aʃsigns To Have and To hold the said Lot
Piece or Parcel of Land with the Buildings mentioned to be
hereby granted and release with their appurtenances unto the
said James Smith his heirs aʃsigns to the only proper use and
behoof of the said James Smith his Heirs and Aʃsigns for ever and
to or for no other use intent or purpose whatsoever And the said
Charles De Bellot Ferdinand De Creft Edward Jules De Poul
lain Jacques Gerbet Dumont, Walter Harper and John Lyndsey Francis
La Barrie and Victor La Barrie for themselves severally and respect
tively, and for their several and respective heirs Executors and Ad
ministrators Do and each of them Doth severally and not jointly
or the one for the other or others of them or for the Heirs Executors and
Administrators acts or deeds of the other or others of them by each
and every of them for himself only and for his own Heirs Executors
and Administrators Acts and Deeds only Doth covenant premise &
agree to and with the said James Smith his Heirs and Aʃsigns by these
presents in manner and form follow / that is say / that they the said
Charles De Bellot Ferdinand De Creft Edward Jules De
Poullain, Jacques Gerbet Dumont, Walter Harper and John Lyndsey
Francis La Barrie and Victor La Barrie or any of them hath or
hat not at any time or times heretofore made, done, or committed
or willingly or willingly suffered any Act, Matter or thing whatso
ever, whereby or by reason or means whereof the said Lot of Land
and Buildings and all and singular the premises herein before
by them granted and released are as can shall or may be _____
ched? charged or incumbered, in title? Charge? estate or _____ ______
howsoever, that they or some or one of them, now _____ _____ _____
sealing and delivery of these presents _____ _____ _____ _____ _____

true

(815)

True and lawful owners and proprietors of the said Lot of Land and
Buildings hereby granted and released and every part and parcel
thereof with their appurtenances and are or some or one of them are
or is respectively rightfully and absolutely seized of the same premises
And every part and parcel thereof of a good sure perfect absolute &
indefeasible Estate of inheritance to them and their heirs respectively
in fee simple, without any manner of condition, trust contingent
covenant purpose or limitation of use or uses, or other restraint _____
ter? or thing whatsoever to alter change charge, determine encumber
defeat or evict the same and hereby absolutely and fully released
and discharge therefrom, or intended so to be, And that for and
notwithstanding any act matter or thing whatsoever made done
or committed by them the said Charles De Bellot Ferdinand De
Creft Edward Jules De Poullain Jacques Gerbet Dumont, Walter
Harper and John Lyndsey Francis La Barrie and Victor La Barrie
or some or one of them have and in hath in themselves respectively
at the time of the sealing and delivery of these presents good
right full power and lawful and absolute authority to grant
bargain sell alien, remise and release and thereby well and
effectually to paʃs? and convey the same Lot of Land and Buil
dings with the appurtenances unto the said James Smith his
heirs and aʃsigns in manner aforesaid And that he the
said James Smith his heirs and Aʃsigns and every of them
shall and lawfully may from time to time and at all times
hereafter, peaceably and quietly have hold, use occupy poʃseʃs
and enjoy the said Lot of Land and Buildings hereby _____
and released or intended so to be, and every part and parcel
thereof with the appurtenances and also shall and may have
receive and take to his and their own use and behoof all
and every the rents iʃsues and profits hereof or arising there
out or accruing or growing due therefrom without any manner
of let rent, trouble vexation eviction disturbance or other hin
drance or molestation whatsoever of or by the said Charles De
Bellot Ferdinand De Creft Edward Jules De Poullain Jacques
Gerbet Dumont, Walter Harper and John Lyndsey Francis La Barrie
and Victor La Barrie or any of them their or any of their Heirs
or Aʃsigns or any other person or persons whatsoever lawfully claiming

or

(816)

Or to claim the said Lot of Land and Building with the appurte
nances hereby granted and released by from under or in turn? for
them and that free and clear and freely, clearly and absolutely freed
and acquitted exonerated and discharged or otherwise by the said
Charles De Bellot Ferdinand De Creft Edward Jules De Poullain,
Jacques Gerbet Dumont, Walter Harper and John Lyndsey Francis La
Barrie and Victor La Barrie well and sufficiently save hereunto
and kept indemnified of from and against all and all manner
of former and other gifts, grants bargains sales leases mortgages, _____
renders?, forfeitures, rents, annexes of rent, _____ and _____ of dower?
statutes judgements, executions, estates, titles, charges and _____
_____ whatsoever made done committed or executed by the said
Charles De Bellot Ferdinand De Creft Edward Jules De Poullain,
Jacques Gerbet Dumont, Walter Harper and John Lyndsey Francis La
Barrie and Victor La Barrie or either of them or any other person
or persons by through or with their or any of their consent _____
or procurement. And moreover that they the said Charles De
Bellot Ferdinand De Creft Edward Jules De Poullain, Jacques
Gerbet Dumont, Walter Harper and John Lyndsey Francis La
Barrie and Victor La Barrie and their heirs and all and every other person
or persons whomsoever having or lawfully claiming or who shall or
may hereafter haveafter have or Claim any Estate, right Title trust or Increase of in
to or out of the said Premises mentioned to be hereby granted and
released or any part thereof by from or under them or either of
them shall and will from time to time and at all times hereaf
ter at the reasonable request costs and charges in the Law of the
said James Smith his heirs or assigns made done acknowled
ged suffered and procured all and every such further and
other lawful and reasonable act and acts thing and things
conveyances and aʃsurances in the law whatsoever for the
further better and more perfectly and absolutely conveying and
aʃsuring the said premises mentioned to be hereby granted
and released and aforesaid or any part thereof unto and to the
use of the said James Smith his heirs and aʃsigns for _____
as by the said James Smith his heirs or Aʃsigns or _____ their?
Counsel shall be reasonable devised or advised _____ _____

so

(817)

So as such further assurance contain in them no further or other
Warranty or Covenants than against the person or persons who shall
be required to make and execute the same and against his and their
heirs acts and deeds only and so as no person be compelled or com
pellabel to go to travel from ^the _____ ___ & his or their respective abode for the
doing thereof In Witneʃs whereof the said Parties to these
Presents have hereunto set their Hands and Seals the day and
year first above written

Charles (LS) De Bellot Ferd. (LS) Creft
E.J. de (LS) Poullain James (LS) Gerbet Dumont
Walter (LS) Harper John (LS) Lyndsay

(LS)

Victor (LS) La Barrie

Sealed and delivered in the presence of

Al McCombie John Sly

Signed by the within named Victor La Barrie in the presence of

John H Laurie Evan Baillie

Received on the day of the date of the within written Inden
ture of and from the within named James Smith the ^full sum
of Three hundred and Thirty Pounds curnt Money being the
consideration money within mentioned to be by hereunto us
paid. We say received £330

Charles De Bellot Ferd. De Creft E.J. De Poullain James
Gerbet Dumont Walter Harper John Lyndsay Victor La Barrie

Witneʃs herto Al McCombie John Sly
Witneʃses to the Signatures of Victor La Barrie

Evan Baillie Jno. H. Laurie

Grenada

Before His Honor Jeffrey Hart Bent Chief
Justice of the Supreme Court of Judicature
in and over the Island of Grenada and its
Dependencies

Personally came and appeared Alexander McCombie of the
said Island Gentleman and John Hudson Laurie also of the
said Island Sealing? Clerk who being duly person make oath and
say and first the said Alexander McCombie for himself
saith that he was present together with John Sly and did

see

(818)

See Charles De Bellot Ferd. De Creft, Edward Jules De Poullain
James Gerbet Dumont Walter Harper and John Lyndsay six of the
parties to the within written Indenture of Release and the Lease for
a year thereto leading and to which the same refers duly sign and
Seal and as and for their several and respective free and volunta
ry Acts and Deeds execute and deliver the same Indenture respect
tively And that the name “Charles De Bellot” “Ferd. Creft” “E J
De Poullain” “James Gerbet Dumont” “Walter Harper” and “ John
Lyndsey severally and respectively subscribed to the said In
dentures as the Parties executing the same as of the several
and respective proper Hand writing of the said Charles De
Bellot Ferdinand De Creft Edward Jules De Poullain James
Gerbet Dumont Walter Harper and John Lyndsey and that the
names “Al. McCombie” and “John Sly” subscribed to the several
and respective attestations written under the said Indenture
respectively as such witneʃses attesting the due Execution there
of is of the proper Hands writing of the Deponent and the said
John Sly and the said John Hudson Laurie for himself saith
that he was present together with Evan Baillie of the said Is
land Esquire and dis see Victor La Barrie a party to the same
Indentures of Lease and Release duly Sign Seal and as and
for his free voluntary Act and Deed execute and Deliver
the same Indentures respectively and that the name “Victor La
Barrie” appearing subscribed in the said Indenture as a party
executing the same is of the proper Hand writing of the said Vic
tor La Barrie and also that the names “Jn H Laurie” and
“Evan Baillie” appearing subscribed and set to the several attes
tations written under the said Indentures respectively as Wit
neʃses to the due Execution thereof by the said Victor La Barrie
is of the proper hand writing of the said Evan Baillie and of
him this Deponent

Al McCombie John H Laurie

Sworn to this 30th day of June 1827 before me

Jeffrey Hart Bent Chief Justice

And this concludes Item 2 of this microfilm. Now on to Item 3.

Enjoy,

Jim