Part 318s – Smith Robertson Genealogy – Smith Indenture Study – 1832 James & Gavin Smith Mentioned Again

12 July 2010

Evening,

The Indenture Study continues, but the honorable scribe this time was extremely economical with his handwriting. My apologies but there may be many more lines that wrap automatically in my transcription work. No one said that ancestry or genealogy research would be a piece of cake; especially on my eyes.

This next Record is most definitely a second part to the Indenture entered to the Grenada Registers of Records 28 September 1832 and made 18 July 1832. It appears to be a completion of the transaction of property between one Rosette Overton and James Smith. (See Part 314s.)

Once again, I cannot be certain that this James Smith is my ggg-grandfather James but all-things-being-equal there may be a reasonable possibility that it is. The name of Gavin Smith, the Surveyor, is entered into the writing of the Indenture as it appears that his property is adjacent to the one in question.

In this Indenture the word “Appurtenances” is entered completely, excluding the hyphenated entries, four times. I had to finally look it up as it is a commonly used word in a good majority of the Indentures that I have been transcribing. From Wikipedia, “Appurtenance” legally “could for instance refer to a back-yard that goes with the adjoining house.” At Answers.com, the source of the above image, it is “A right, privilege, or property that is considered incident to the principal property for purposes such as passage of title, conveyance, or inheritance.

This Record comprises Pages 275 through and including 277 and the images are downloaded from Item 6 of the microfilm FHL [1563380].

Here are the images:


And my transcription:

(275)

This Indenture of Two Parts made the Nineteenth day of July in the Third
Year of the Reign of Out Sovereign Lord William the Fourth by the Grace of God of the
United Kingdom of Great Britain and Ireland King Defender of the Faith _____ and in the
Year of Our Lord One thousand Eight hundred and Thirty two Between Rosette Overton of the Town
of Saint George and Island of Grenada Widow of the one part and James Smith of the said
Island Esquire of the other part Whereas the said Rosette Overton has contracted and agreed with
the said James Smith for the sale to him of the Inheritance in fee simple in poʃseʃsion free from
incumbrances of and in the lot of land hereditaments and premises hereinafter described and
hereby granted and released or intended so to be at or for the price or sum of Three hundred and
Thirty Pounds Current money of the said Island of Grenada Now this Indenture Witneʃsth
That for and in consideration of the sum of Three hundred and Thirty Pounds current money afore
said to the said Rosette Overton in hand well and truly paid at or before the sealing and delivery
of these presents by the said James Smith the receipt whereof is hereby acknowledged she the said
Rosette Overton Hath granted bargained sold aliened released and confirmed and by these
presents Doth grant bargain sell lien release and confirm unto the said James Smith (in his
actual

(276)

Actual poʃseʃsion and being by virtue of a Bargain and sale to have thereof made for
one whole year by Indenture bearing date the day next before the day of the date of these
presents and by force of the statue for transferring uses into poʃseʃsion) and to his Heirs and
Aʃsigns All that lot piece or parcel of land of her the said Rosette Overton situate lying and
being in that part of the Town of Saint George in the said Island of Grenada called
the Bay and abutted and bounded in manner following (that is to say) to the Westward
Fifty one feet by a certain Street called Melville Street to the Southwest Thirty feet by a certain
other Street called Granley Street to the eastward by lands and a meʃsuage belonging to the
said Rosette Overton and the Northward by lands of Gavin Smith of the same Island
Surveyor or howsoever otherwise the same is abutted and bounded Together with all meʃsuages
Dwelling houses Outhouses Kitchens Cellars Sollars? Edifices Erections Buildings Stables Yards
_____ Tenements Appurtenances and Premises belonging or in any wise appertaining and
occupied or therewith or with any of them or any part thereof usually held occupied poʃseʃsed
and enjoyed or accepted reputed deemed taken or known as part parcel and member thereof
or any part or parcel thereof and the reversion and reversions remainder and remainders
with iʃsues and profits thereof and all the estate right title interest reversion inheritance use
trust poʃseʃsion property poʃsibility claim and deemed whatsoever both at Law and in Equity
of her the said Rosette Overton of in and to the same Presents To have and to hold the said
lot piece or parcel of land meʃsuages hereditaments and premises hereby granted and released
or mentioned or intended so to be with the appurtenances into the said James Smith his
Heirs and aʃsigns to the only proper use and behoof of the said James Smith his Heirs
and aʃsigns for ever And the said Rosette Overton Doth for herself her Heirs Executors and
Administrators covenant promise agree and declare to and with the said James Smith his
Heirs and Aʃsigns that she the said Rosette Overton hath not heretofore done any Act deed
matter or thing whereof or by reason or means whereof the said lot piece or parcel of land
and other the hereditaments and premises hereinafter granted and releases ______ is can shall or
may be effected impeached or charged in Title Estate or otherwise howsoever And that
for and notwithstanding any Act deed matter or thing whatsoever by any persons whosoever
made done committed executed or knowingly or willingly suffered to the contrary she the
said Rosette Overton is at the time of the sealing and delivery of these presents lawfully
rightfully and absolutely seized of and in or well entitled to the said Lot piece or parcel
of land and meʃsuages and other the hereditaments hereby granted and resolved or expreʃsed
or inherited so to be with the Appurtenances for a good sure absolute and indefeasible Estate
of Inheritance in fee simple in poʃseʃsion free from all incumbrances whatsoever and have
or hath in themselves or himself good right and full power to convey the same with and
to the use of the said James Smith his Heirs and Aʃsigns in manner and form aforesaid
and according to the here intent and meaning of these presents And that for and notwith
standing any act deed matter or thing by the said Rosette Overton or any other person done
permitted or suffered to the contrary the same hereditaments and premises shall for ever
hereafter be peaceably and quietly held and enjoyed by the said James Smith his Heirs
and Aʃsigns without any lawful let interruption or disturbance whatsoever And lastly that
she the said Rosette Overton her Heirs and Aʃsigns and all and every Person claiming any
Estate

(277)

Estate or Interes in the Premises under her them or either of them or any person by
through or under whom they or either of them claim or derive any estate or interest in the
Premises hereinbefore granted and released shall and will do and perform all such further
and other Acts for the better and more absolutely conveying and aʃsuring the said lot piece or parcel
of land hereditaments and premises with the appurtenances unto the said James Smith his Heirs and
Aʃsigns as by the said James Smith his heirs and Aʃsigns or his or their Counsel shall be occasionally
advised devised or acquired In Witneʃs whereof the said Parties to these presents hereunto set
and subscribe their hands and seals the day and year first above written
Rosette Overton (LS) James Smith (LS)

Signed sealed and delivered by the above named Rosette Overton and James Smith in the presence of
Alfred Henry Hughes Clerk to Evan Baillie - J S Berwick
Grenada
Received from James Smith Esquire the sum of Three hundred and Thirty Pounds
Current money of the said Island being the consideration money within mentioned and paid to me
£330 Currency
Rosette Overton
Witneʃs J. S. Berwick
Grenada
Before me the Honorable John Sanderson Chief
Justice of the Supreme Court of Judicature holding? in
and for the body of the said Island of Grenada and
its Dependencies.
Personally appeared Alfred Henry Hughes of the said Island who being duly sworn
on the Holy Evangelists of Almighty God maketh oath and saith that he was present and did
see the within written Indentures of Lease and Release hereunto annexed duly signed sealed and
as and for their several and respective (Act and Deed) Acts and Deeds delivered by the therein
named Rosette Overton and James Smith and that the said Rosette Overton and James Smith
so severally and respectively signed sealed and delivered the same in the presence of Jospeh
Samuel Berwick and the deponent and that the name and names “Rosette Overton” and
“James Smith”” severally and respectively set and subscribed at the foot thereof as the parties
executing the same is of the respective proper hand writing of the said Rosette Overton and
James Smith and the names “Alfred Henry Hughes” and “J.S. Berwick” respectively set and
subscribed to the attestation written at the foot of the said Indentures respectively as Witneʃses
to the due execution thereof by the said Rosette Overton and James Smith are of the respective proper
hands writing of the said Joseph Samuel Berwick and this deponent
Alfred Henry Hughes
Sworn to before me this Twenty Eighth day of September in }
the Year of Our Lord One thousand Eight hundred and thirty two }
John Sanderson – Chief Justice

The next Indenture entered to the Grenada Registers of Records 27 October 1832 appears to be, all-things-being-equal, one of ggg-grandfather James Smith’s. My reasoning is that the other parties involved are Benjamin Ventour and his wife Sophia. Based on documentary proof, Benjamin Ventour was the son-in-law and his wife, Sophia was a daughter of ggg-grandfather James Smith.

Stay-tuned.

Enjoy,

Jim


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