Part 331s – Smith Robertson Genealogy – Indenture Research – 1833 Smith, Steele, and Ventour

Morning,

I’ve finally finished the last Smith-related transcription of Item 6 of the microfilm FHL [1563380]. This is an entry to the Grenada Registers of Records 1825-1834 (v.H5-O5).

As previously mentioned in my search for the origins and ancestry of my ggg-grandfather James Smith I am transcribing all and any of the Records entered to the Grenada Registers that may have some reference to the surname Smith. GGG-grandfather James passed away in 1842 so I am trying to limit the range of this search to approximately a 60-year period. It is an arduous task and one hell of a lot of years and a lot of Documents. I am just hoping to find some hint or clue which may relate to the surname Smith and directly or indirectly to ggg-grandfather James.

The subject Record in this Posting references ggg-grandparents James and Mary Ann/e (née Doret) Smith; their daughter, gg-grandaunt Mary (née Smith Steele); and two of their sons-in-law, Benjamin Ventour and George Steele. There is also a distinct possibility that the final entered signature of the Document, Richard Steele, Assistant Justice could be that of gg-granduncle George Steele’s father. (Please note that none of the signatures or seals entered in the Registers is an original but of copies by the Clerk/Scribe who may have transcribed it from the original document.) The other persons included in the Record, from my immediate knowledge, who are not a part of my Smith family are gg-granduncle Benjamin Ventour’s partner Ambrose Hayling, Rosette Overton, John Reynaert, Js Bruce, and Gavin Smith.

This Record, written 21 June 1833 and entered to the Grenada Registers of Records 7 October 1833, appears to involve the same transfer and/or purchase of property in the Town of Saint George as previously discussed. It also seems to be the workings and development of a Trust. See my previous Postings; Parts 329s, and 330s.

Here are the images of Pages 523 through and including 526.

And this is my transcription.

(523)

Examined

Entered 7th October 1833

This Indenture made the twenty first day of June in the year
of our Lord one thousand eight hundred and thirty three Between Ben
jamin Ventour and Ambrose Hayling of the parish of Saint George
in the island of Grenada Esquires of the first part James Smith of the
parish and island aforesaid Esquire of the second part George Steele of the
town of Saint George in the island aforesaid Gentleman and Mary Steele his
wife of the third part Whereas a marriages has been lately hand and solemnized
between the said George Steele and Mary Steele lately Mary Smith daughter
of the said James Smith And whereas by indentures of lease and release
bearing date the lease the day and before and the release even date with these
presents and made or expressed to be made between the said James Smith and
Mary Anne Smith his wife of the one part and the said Benjamin Ventour and
Ambrose Hayling of the other part in consideration of the said marriage the
said James Smith and Mary Anne Smith his wife granted limitted bargained
sold aliened and released unto the said Benjamin Ventour and Ambrose Hayling
and their heirs All that lot piece or parcel of land with the meʃsuage and tenements
thereon erected and built situate lying and being in the Bay in the town of
Saint George in the said Island of Grenada abutted and bounded in the manner
following that is to say to the westward fifty one feet by a certain Street called
Melville Street To the Southward thirty feet by a certain Street called Granby
Street To the eastward by a lot of land and tenements belonging to Rosette Overton
and to the Northward by lands of Gavin Smith of the said island Surveyor or
howsoever the same is abutted bounded known or described and all ways paths
paʃsages watercourses sewers yards profits commodities advantages emoluments
and hereditaments whatsoever to the same premises or any part thereof belonging

or 

(524)

Or in any wise appertaining or therewith at any time before held and occupied
poʃseʃsed and enjoyed accepted reputed deemed and taken or known as part or
parcel or member thereof or of any part thereof and all and every the improve
ments houses offices buildings and tenements now erecting and to be erected thereon
the said James Smith thereby engaging and binding himself to complete and
finish the same at his own proper charge and costs To Hold the same with the
appurtenances unto the said Benjamin Ventour and Ambrose Hayling their
heirs and aʃsigns Nevertheleʃs to the uses upon the trusts and for the intents
and purposes and under and subject to the provisoes declarations stipulations
and agreements therein referred to and hereinafter contained Now this In
denture witnesseth and the said Benjamin Ventour and Ambrose Hayling
_____ hereby for themselves severally and respectively and for their several and
respective heirs executors and administrators admit acknowledge and declare that
the names of them the said Benjamin Ventour and Ambrose Hayling were
made are of in the such recited indentures of lease and release, as trustees only
in the manner hereinafter mentioned, and do hereby for themselves severally
and respectively and for their respective heirs executors and administrators wholly
and utterly renounce and disclaim all and all manner of beneficial or other
estate right title interest claim and demand whatsoever as well legal as equi
table in to upon or repsecting the said lot piece or parcel of land and premises
by the said recited indentures of lease and release granted and released on other
was? aʃsured unto them their heirs and aʃsigns as therein mentioned except only
and otherwise than in trust in the manner hereinafter mentioned that to
say In trust for the said George Steels and his aʃsigns for and during the term
of his natural live without impeachment of or for any manner of waster other than
in (_____ and _____ or permiʃsive waste, and from and immediately after the
determination of the said estate by forfeiture or otherwise in his life time To the use
of the said Benjamin Ventour and Ambrose Hayling and their heirs during the
natural life of the said George Steele) In trust to _____ the contingent uses
and estates hereinafter limited from being defeated or destroyed and for that
purpose to being? actions or make entries as occasion may require but nevertheleʃs
to permit and suffer the said George Steele and his aʃsigns to receive and take
the rents issues and profits thereof to and for his and their own use and benefit
and from and immediately after the decease of the said George Steel To the
use of the said Mary Steele his wife and her aʃsigns for and during the term
of her natural life without impeachment of or for any manner of waste other
than willful and malicious or permiʃsive waste and from? and immediately
after the determination of that estate by forfeiture or other reversion her lifetime _____
to the use of the said Benjamin Ventour and Ambrose Hayling and their heirs
during the natural life of the said Mary Steele In trust to presence? the contin
gent uses and estates hereinafter limited from being defeated and _____ and
for that purpose to bring notions or make entries as reason may require, but

nevertheleʃs

(525)

Nevertheleʃs to permit and suffer the said Mary Steele and her aʃsigns
to receive and take the rents issues and profits thereof to and for her and their
own use and benefit And from and immediately after the decease of the survi
vor of them the said George Steele and Mary Steele his wife To the use and
behoof of all and every the Child and children whether male or female or both
of the said George Steele by the said Mary Steele to be begotten to be equally
divided between and amongst them if more than one share and share alike
as tenants in common and nor as joint tenants and of the several and respective
heirs of the bodies of all and every such child and children respectively iʃsuing
And if there shall be but one child then to the use of such only child and the
heirs of his or her body And in case there shall be more than one such child
and there shall be a failure of lawful iʃsue of the body or bodies of any such child
or children then as to the original part and share or parts and shares of such
child or children where iʃsue shall so fail also as to such other or occurring
part and share or parts and shares as by virtue of this present clause shall
have become vested in or accrued unto the same child or children or his her
or their iʃsue To the use of the other or others of the said child or children so
remaining or surviving child or children equally to be divided between such
remaining or surviving children if more than one share and share alike as
tenants in common and not as joint tenants and if there shall be but one such
remaining or surviving child Then to the use of such one only remaining or sur
viving child and the heirs of his or her body and in default of such issue To the
use of the said James Smith his heirs and aʃsigns for ever Provided always and it
is hereby agreed and declared that in case the trustees before names or either of them
or any succeeding or other trustees or trustee to be substituted in the place or stead of
them or either of them shall happen to die or be desirous to be discharge from or iʃsue?
or become incapable to act in the trust hereinbefore expreʃsed declared and contained
before the same trusts shall have been fully preformed or discharged then and so
often as the same shall so happen it shall and may be lawful for the said George
Stell and Mary Steel his wife sand the said James Smith during their joint
lives and after the decease of any or either of them then to and for the survivors or
survivor of them during their his or her life or lives, and after the decease of the
survivor of them then to and for the surviving or continuing trustee for the time
being by any deed or writing under their his or her hands and seals or hand and seal
to nominate substitute and appoint any other person or persons to be a trustee or
trustees in the place or stead of such trustees or trustee so dying or desirous to be
discharged from or refusing or becoming incapable to act as aforesaid and when
and as often as any new trustee or trustees shall be nominated and appointed
as aforesaid all the rust premises the trustees or trustee of which shall so die
desire to be discharged from or refuse or become incapable to act as aforesaid shall
be thereupon with all convenient speed conveyed transferred aʃsigned and aʃsured

respectively

(526)

Respectively in such sort and manner and so that the same
shall and may be legally and effectually vested in the newly appointed trustees
or trustee jointly with such of the former trustees as shall be willing and capable
to act and in case there shall be no continuing former trustee then in such
newly appointed trustee or trustees only upon the several trusts and to and
for the several intents and purposes hereinbefore created expreʃsed and continued
of an concerning the same and that every such new trustee shall and may
in all things and in all respects act and assist in the management carrying
on and execution of the trusts to which he or they shall be so appointed as fully
and effectually and with the same power and powers authority and authorities
as if such new trustee or trustees had been originally by the said indentures of
lease and release and by these presents nominated and appointed as the trustees
of the same trust premises or otherwise as if such original trustees had been
living and continuing to act under or in execution of the trusts hereby and here
inbefore mentioned declared and contained In witness whereof the said parties
to these presents have hereunto set their hands and seals the day and year firstly
herein written

Benjm Ventour (LS) George Steele (LS) Jas Smith (LS)

A Hayling (LS) Mary Steele (LS)

Signed sealed and delivered in the presence of

John Reynaert Js Bruce

John Reynaert of the town of Saint George in the island of Grenada
maketh oath and saith that he was present and saw the within named
Benjamin Ventour, Ambrose Hayling, James Smith, George Steele and Mary
Steele his wife respectively duly execute, and as and for their several and respective
act and deed deliver the within written indenture, and that the names subscribed
thereof as partied executing the same are of the respective proper handwriting
of the said Benjamin Ventour, Ambrose Hayling James Smith George
Steele and Mary Steele

John Reynaert

Sworn before me in the town of Saint George Grenada this 21st day of June 1833.

Richard Steele

Aʃsistant Justice

And now on to Item 7 of the microfilm.

Enjoy,

Jim