Part 302s – Smith Robertson Genealogy – Indenture Research – 1830 James & Archibald Smith Cont’d

Afternoon,

It has been a quiet afternoon and the humidity was down a wee bit this morning for about 30 minutes. It’s back. And month one of the Hurricane Season, June, is almost over. I think it is about time I started to account for and check that I have everything in place for the next five months.

I’m still working on my Indenture Research Project. I’m still looking for some connection to the genealogy and ancestry of my ggg-grandfather James Smith on or outside the Island of Grenada.

This next Record is or appears to be a continuation of the paperwork of the Document I worked with in Part 301s. The parties, once again, involved are James and Archibald Smith and Henry Wharton Waddilove. There does not seem to be any reference at all to ggg-grandfather James even though the name Smith is mentioned 55 times.

This Record, from the Grenada Registers of Records is inclusive of Pages 622 through 628. The images are downloaded from the microfilm FHL [1563380]. This is the last Smith-related Record of Item 4.

Here are the images:

And my transcription –

(622)

This Indenture made this tenth day of September in the year
of our Lord one thousand eight hundred and twenty nine Between Henry
Wharton Waddilove of the Island of Grenada Esquire of the one part
and James Smith Archibald Smith and Robert McCunn
Merchants and Copartners carrying on busineʃs in the City of Glasgow in
Scotland under the style or firm of James and Archibald Smith & Co. of
the other part Whereas the said Henry Wharton Waddilove being indebted
unto Ann Wharton of the Island of Grenada Spinster in the sum of
Four thousand pounds sterling money of Great Britain the said James
Smith Archibald Smith and Robert McCunn have at the request of the
said Henry Wharton Waddilove agreed to guarantee unto the said Ann
Wharton the payment of the said sum of Four thousand pounds sterling
money aforesaid upon receiving a mortgage of the Estate and premises herein
after mentioned and described for securing to them the copayment of the same
and which the said Henry Wharton Waddilove hath consented and agreed
to give And Whereas the said James Smith Archibald Smith and Robert
McCunn have made and given unto the said Ann Wharton a guarantee
for the payment of the said sum of Four thousand pounds Now therefore
this Indenture Witnesseth that in pursuance of the said agreement and
for and in consideration of the said sum of four thousand pounds guaranteed

to

(623)

To be paid to the said Ann Wharton as aforesaid and also for and in con
sideration of the sum of ten shillings of sterling and lawful money of Great
Britain to the said Henry Wharton Waddilove in hand well and truly paid
by the said James Smith Archibald Smith and Robert McCunn or imme
diately before the sealing and delivery of these presents the receipt whereof is
hereby acknowledged He the said Henry Wharton Waddilove Hath granted
bargained sold aliened released and confirmed and by these presents doth
grant bargain sell alien release and confirm unto the said James Smith Ar
chibald Smith and Robert McCunn (in their actual poʃseʃsion now being by
virtue of a bargain and sale to them thereof made for one whole year in consid
eration of five shillings by Indenture bearing date the day next before the
day of the date of these presents and by force of the statute made for transferring
uses into poʃseʃsion) and to their heirs and aʃsigns All that plantation or
estate called or known by the name of the Union formerly of Thomas Town?
and deceased situate in the parish of Saint Mark in the said Island of
Grenada containing four hundred and thirteen acres of land or thereabouts
abutted and bounded as follows that is to say towards the north partly by
Duquesne Resource and Mount Pleasant Estates on the East by Samaritan
Estate on the South by lands belonging to Mt. Craven Estate and on the west
partly by lands belonging to George Patterson and lands belonging to Mount
Alexander Estate and an estate called Bellavue belonging partly to Mount
William and Industry Estates or howsoever otherwise the same is abutted
bounded known distinguished or described together with all meʃsuages
houses building sugar works edifices and erections thereon erected and built
standing or being And all ways paths paʃsages waters watercourses trees woods
underwoods canes proviʃsions and other growing thereon mills stills still
heads worms boiler5s coolers cisterns vents? ladles skimmers plantation tools
implements of planting and dead stock whatsoever And all horses mules
cattle oxen sheep and livestock whatsoever upon or belonging to the same
lights easements priviledges profits commodities advantages emoluments
rights numbers hereditaments and appurtenances whatsoever to the said
plantation or estate land and premises belonging or in anywise appertaining
or therewith or with any part thereof used occupied or enjoyed or accepted re
puted deemed taken or known as part parcel or member thereof and also all
those one hundred and sixty three slaves whose names are particularly
mentioned and set forth in the Schedule hereto annexed together with the
future iʃsue and increase of the females of the said slaves and profits of all and
singular the said plantation slaves and premises And also all the estate
right to the interest use land property claim and demand whatsoever both
at law and in equity of him the said Henry Wharton Waddilove of into or out
of the same premises every or _____ part or parcel thereof and all deeds evidences
and writings which solely relate to or concern the said plantation slaves and

premises

(624)

Premises in his custody or power or which he can or may get income
by without any suit at law or in equity To have an to hold the said planta
tion buildings lands slaves hereditaments and all and singular other the
premises mentioned to be hereby granted and released intended so to be
with their and every of their rights members and appurtenances unto the
said James Smith Archibald Smith and Robert McCunn their heirs and
aʃsigns to the only proper use and behoof of the said James Smith Archibald
Smith and Robert McCunn their heirs and aʃsigns forever Subject in ever the leʃs
to the proviso or condition hereinafter mentioned or contained concerning the
cause that is to say) Provided always and the said James Smith Archibald
Smith and Robert McCunn their heirs executors and administrators do hereby
covenant promise and agree to and with the said Henry Wharton Waddilove
his heirs and aʃsigns that if the said Henry Wharton Waddilove his heirs
executors or administrators do and shall well and truly pay or cause to be paid
unto the said James Smith Archibald Smith and Robert McCunn their
executors administrators or aʃsigns at the Counting House of the said James
and Archibald Smith in Glasgow on or before the first day of September which
will be in the year of our Lord one thousand eight hundred and thirty one
the full sum of Four thousand pounds sterling money of Great Britain with
interest thereon at the rate of five per cent per annum from the time of
advancing and paying the same by the said James Smith Archibald Smith
and Robert McCunn without any deduction or abatement out of the same for
or in respect of any rates taxes charges aʃseʃsments or impositions whatsoever
already taxed aʃseʃsed or imposed or hereafter to be rated taxed aʃseʃsed on im
posed by authority of Parliament or otherwise howsoever on the said plantation
or estates lands slaves hereditament and premises hereby released or men
tioned and intended to be or any part there so for on the said sum of Four
thousand pounds or any part thereof or on the said James Smith Archibald
Smith and Robert McCunn their heirs executors and administrators or aʃsigns
in respect thereof or for or in respect of any other matter or thing whatsoever
or if the said Henry Wharton Waddilove his heirs executors or administrators
do and shall surrender and deliver upon cause and procure to be surrendered
and delivered up unto them the said James Smith Archibald Smith and
Robert McCunn their heirs executors and administrators the aforesaid Guar
antee so made and given by them for the payment of the said sum of four
thousand pounds to the said Ann Wharton and release and discharge them
the said James Smith Archibald Smith and Robert McCunn their heirs
executors and administrators of and from the payment of the same or any part
thereof and of and from all claim responsibility and demand for or in respect
thereof them from and immediately thereafter or after such payment to be made
as aforesaid the said James Smith Archibald Smith and Robert McCunn
their heirs and aʃsigns shall and will at the request of the said Henry Whar
ton Waddilove his heirs executors or administrators convey and aʃsure the said

plantation

(625)

Plantation or estate lands slaves hereditament and premises hereby
released or mentioned and intended so to be with their and every of their ap
purtenances unto and to the use of the said Henry Wharton Waddilove his
heirs and aʃsigns or to and for such uses estates and purposes as he the said
Henry Wharton Waddilove his heirs or aʃsigns shall direct limit or appoint
freed and discharged of and from all incumbrances whatsoever committed or
done by them the said James Smith Archibald Smith and Robert McCunn
or any or either of them their or any or either their heirs or aʃsigns And the said
Henry Wharton Waddilove for himself his heirs executors and administrators
doth hereby covenant promise and agree to and with the said James Smith
Archibald Smith and Robert McCunn their heirs executors administrators
and aʃsigns in manner following (that is to say) that he the said Henry Whar
ton Waddilove his heirs executors and administrators shall and will well
and truly pay or cause to be paid into the said James Smith Archibald
Smith and Robert McCunn their executors administrators and aʃsigns the
said sum of four thousand pounds sterling money aforesaid with interest
as aforesaid at the time and place and in manner above limited for payment
thereof according to the true intent and meaning of the above written proviso
or that he the said Henry Wharton Waddilove his heirs executors and ad
ministrators shall and will surrender and deliver up or cause and procure
to be delivered up the said Guarantee of them the said James Smith Ar
chibald Smith and Robert McCunn released and discharged of and from
the payment of the said sum of four thousand pounds and every or any part thereof
and of and from all claim responsibility and demand in respect thereof according
to the condition of the said above written proviso and the Cause intent and
meaning thereof And also that he the said Henry Wharton Waddilove
now hath in himself good right full power and absolute and herity by these
present do grant bargain sell release and convey the said plantation
lands buildings slaves hereditaments and premises hereby released or men
tioned or intended so to be with their and every of their appurtenances unto
and to the use of the said James Smith Archibald Smith and Robert McCunn
their heirs and aʃsigns in manner aforesaid and according to the true intent
and meaning of these presents And further that from and after default
shall happen to be made of or in payment of the said sum of four thousand
pounds and of the surrender and discharge of the aforesaid Guarantee contrary?
to the true intent and meaning of these presents and the before mentioned
proviso it shall and may be lawfull and for the said James Smith Archi
bald Smith and Robert MCunn their heirs and aʃsigns peaceably and
quietly to enter into have hold and enjoy the said plantation slaves and prem
ises hereby in mentioned and intended to be hereby released with their appurte
nances and receive and take the rents iʃsues and profits thereof to their own
use and uses without the let hindrance interruption or denial of the said
Henry Wharton Waddilove his heirs or aʃsigns or any of them or of any other

person

(626)

Person or persons whosoever and that (save and accept a certain
mortgage incumbrance of Eight thousand pounds sterling money of Great Britain
affecting the same by Indentures bearing date respectively the third and fourth
days of January in the year of our Lord one thousand eight hundred and twenty
eight and made between the said Henry Wharton Waddilove ^of the one part and Sophie Towns
end Charlotte Townsend Caroline Townsend and Louise Townsend therein
described of the other part) free and clear and freely and clearly acquitted ex
onerated and discharged otherwise by the said Henry Wharton Waddilove
his heirs executors and administrators saved defended kept harmleʃs and in
demnified of from and against all and all manner of former and other gifts
grants bargains sales mortgages jointures divers uses entails statutes recog
nisances judgments titles charges and incumbrances whatsoever And that
he the said Henry Wharton and his heirs and all and every other
person or persons whosoever having or lawfully claiming or who shall or may
hereafter have or lawfully claim any estate right title trust or interest into
or out of the said plantation or estate lands buildings slaves hereditaments and
premises hereby or mentioned or intended to be hereby released or any part
thereof shall and will from time to time and at all times from and after de
fault shall happen to be made of or in payment of the said sum of Four
thousand pounds and interest as aforesaid and of the same surrender and
discharge of the aforesaid guarantee upon the reasonable request and at the
costs and charges of the said James Smith Archibald Smith and Robert
McCunn their heirs executors and administrators make do acknowledge
levy suffer and execute or cause and procure to be made done acknowledged
and executed all and every such further and other lawful and reasonable act
and acts deed and deeds devices conveyances and aʃsurances in the law whatso
ever for the further better more perfect and absolute conveying and aʃsuring
the said promises hereby released or mentioned and intended so to be with
their and every of their appurtenances unto and to the use of the said James
Smith Archibald Smith and Robert McCunn their heirs and aʃsigns or
by the said James Smith Archibald Smith and Robert McCunn their
heirs and aʃsigns or their counsel in the law shall be reasonably devised or advised
and required And lastly it is hereby declared and agreed by and between the
said parties to these presents that untill default shall happen to be made of
or in payment of the said sum of Four thousand pounds or of the interest thereof
and of the surrender and discharge of the aforesaid guarantee contrary to the
true intent and meaning of the above meaning proviso it shall and may be lawful
to and for the said Henry Wharton Waddilove and his heirs and aʃsigns peaceably
and quietly to have hold and enjoy the said premises hereby leased or mention
ed and intended so to be with their and every of their appurtenances and receive
and take the rents iʃsues and profits thereof without the lot? suit hindrance
interruption or denial of or by the said James Smith Archibald Smith and
Robert McCunn their executors administrators aʃsigns or of any other person

or

(627)

Or persons whomsoever lawfully claiming or who shall or may claim by force
or under them any or either of them In witness as whereof the said parties to
these presents their hands and seals have hereunto set the day and year first
above written

H.W. Waddilove (LS)

James Smith (LS) by his attorney Robert Kirk
Archibald Smith (LS) by his attorney Robert Kirk
Robert McCunn (LS) by his attorney Robert Kirk

Signed sealed and delivered in the presence of }

Jn. Douglas

Schedule of Slaves referred to in and by the aforegoing Indenture

Males

Alexander	15 Edward	John	Joseph	Ned Kerr	Sandy Kerr
Alexis	Ettienne	30 John Cabb	Joseph Kerr	Nicholas	Simon
Archi	Fortune	John Ellie	45 Julianne	Noel	Thomas
Artist	Frank	Julian	King	60 Noel 2d	75 Tom
5 Bernard	Francois	John Noel	Laurent	Neil	Horatio
Caliste	20 George	Justain	Luke	Paddy	Touiʃsant
Caesar	George 2d	35 Joacinth	Lafaerel	Peter	William
Charles	Gregoire	Joacinth 2d	50 Louis	Polite	William Cameron?
Cope	Hugh	John Charles	Maurice	65 Polite 2d	Rueben
10 David	Honore	John Joseph	Macʃsveen	Richard
David 2d	25 Isaac	John Pierre	Mark	Richmond
Dennis	Jacque	40 John Baptiste	Maurice 2d	Robert
Dominique	Jack	John Jack	55 Modeste	70 Sandy
Diamond	John Louis	John McLaurine	Maylove	Sam

Females

Adelaide	Chloe	Germain	40 Louise	Mary 2d	Pauline Julien
Adelaide 2d	15 Celestina	Glaudine	Mary Jane	Mariette	Pauline Adelaide
Angele	Charlotte	Helen	Mary Therese	55 Margaret	Rebecca
Ann	Clair	30 Jane Clair	Mary Curey	Mary Rose	Raphine
5 Ann 2d	Clarone	Jane Rose	Mary Townsend	Maudlaine	70 Reine
Betsy	Delia	Julianne	Mary Crammer?	Maudlaine Kerr	Rose
Betsy Kerr	20 Eliner	Jenny	Mary Crammer? 2d	Madlonette	Rosalie
Babianne	Elenore	Jeannette	Mary Gibson	60 Mary Anne	Rose
Baby	Elisa	35 Javotte?	Mary Gibson 2d	Mary Madlaine	Sophia
Catherine	Francoise	Luce	50 Margaret	Nannon	Sally Kerr
Catherine 2d	25 Franchine	Lucy	Monique	Nannon 2d	Sally
Cumba	Franchiette	Lucy 2d	Mary	65 Peggy	Therese
Theotiste	80 Toinette	Tabeth	Tetrine	83 Tabeth

Grenada

Before The Honorable Daniel Gibbs Aʃsistant Justice of
the Supreme Court of Judicature of Indenture for the Island of Grenada
and its dependencies
personally

(628)

Personally appeared John Douglas of the town of Saint George in
the Island of Grenada Gentleman who being duly sworn on the Holy Evange
lists of Almighty God maketh oath and saith that he was present and did
see Henry Wharton Waddilove one of the parties named and described in
the within Indenture sign seal and as and for his act and deed execute and
deliver the same And deponent further saith that he was present and did
see Robert Kirk of the tow and Island aforesaid Merchant as the attorney
in the name of and as and for the free and voluntary acts and deeds of James
Smith Archibald Smith and Robert McCunn respectively the other parties
named and described in the said Indenture sign seal execute and deliver the
same and that in testimony of such due execution thereof as aforesaid he this
deponent did subscribe his names as witneʃs thereto

Jn Douglas

Sworn before me this 17th day of April 1830

Dan Gibbs - Aʃsistant Justice }

And now, on to Item 5. I welcome you comments, inquiries, and suggestions.

Enjoy,

Jim