Part 346s – Smith Robertson Genealogy – Indenture – 1841 James Smith – Dissolution of the ShipWrights Copartnership

03 September 2010

Morning,

No new and interesting concoction for breakfast this morning. I had to take Tobi for his six month check-up since his chemo-therapy last November 2008. Doctor’s prognosis – Tobi’s doing very well and there does not appear to be any recurrence of the cancer. His back legs are weaker, but that was expected.

And I’m back at my desk and PC ready to focus on my work in my Indenture Project in the search for the origins and genealogy of ggg-grandfather James Smith.

Well, the next Smith-related Document in Grenada Registers of Records in Item 2 of the microfilm FHL [1563330] is definitely a reference to ggg-grandfather James Smith.

I did post the same work and transcription in Part 60s a year ago in September 2009. My new transcription does provide some additional words from my previous work. Also after re-reading and re-working the Document I have become, I think a bit more enlightened to what may have happened to ggg-grandfather James’ Ship Wrights Copartnership between the years of 1829 and 1841.

In a quick overview, and from my vantage point, it appears that ggg-grandfather James’ partners, John Mortimer and James Nichol had both recently passed away. Accordingly, John Mortimer had passed away on 10 August 1840 and James Nicol on 23 August 1840. If I understand the document correctly, (please feel free to send in your comments and thoughts), ggg-grandfather James Smith had retired from the Copartnership 31 December 1835. And here is where I get a bit hazy, not being a legal or contract law expert. It appears to me that this specific Indenture is an assurance that ggg-grandfather James, his heirs, executors and administrators may not have been responsible for the debts and liabilities of the Ship Wright Copartnership. Any thoughts?

Here are the images of the pages 354, 356, and 356.


And my new transcription –
(354)

X

Entered 16 October 1841
This Indenture made the fifteenth day of May in the
year of our Lord one thousand eight hundred and forty one Between
James Smith of the town of Saint George in the Islands of Grenada Esquire of the
one part and Owsley Rowley and William Alexander Horne
of the same place Esquires Executors of the last Will and Testament of John
Mortimer late of the town and Island aforesaid Merchant of the other part
Whereas by certain Article of Agreement intended bearing date the eighth day of
May in the year one thousand eight hundred and twenty nine and made or
expressed to be made between James Nicol therein described and since deceased
of the first part the said John Mortimer of the second part and the said
James Smith of the third part It is amongst other things Witnessed that they
the said James Nicol John Mortimer and James Smith should and would
become continue and be Copartners in the trade or business of ShipWrights to commence
from the first day of January then last part and thenceforth for and during the
term of five years to be carried on at or upon certain premises therein described
situate in the said island purchased or agreed to be purchased by them as
therein mentioned And Whereas the said James Smith retired from
the said firm or Copartnership at the expiration of the said term of five years
_____ on the thirty first day of December one thousand eight hundred and
thirty five at which time divers debts and sums of money were due and owing to
and by the said firm by and to divers persons and by and to the said several
partners to and by each other or the said firm in respect of the transactions
and business of the said Copartnership And Whereas the said

John 

(355)

John Mortimer departed this life on or about the tenth day of August
one thousand eight hundred and forty having made his last Will and Testament
in writing or certain Testamentary Writings in the nature thereof and appointed the
said Owsley Rowley and William Alexander Horne Executors thereof and they
upon his death duly proved the said Will or Testamentary Writings in Grenada
before His Honor the Ordinary there And Whereas the said James Nicol
departed this life on or about the twenty third day of August one thousand eight
hundred and forty And Whereas the affairs of the said Copartnership have
never been closed and the rights and liabilities of the said partners or their
Representatives as amongst themselves cannot now be ascertained without recourse
to legal proceedings and much expense and delay and in order therefor to and
litigation it hath been agreed between and by the said James Smith and
the said Owsley Rowley and William Alexander Horne as such Executors as
aforesaid to execute such release as hereinafter contained Now this Indenture
Witnesseth that in consideration of the premises the said James Smith for
himself his heirs executors and administrators Hath remised released and
for ever discharged and by these presents Doth remise release and forever discharge
unto the said Owsley Rowley and William Alexander Horne as such
Executors as aforesaid Have remised released and for ever discharged and
by these Presents Do remise release and for ever discharge unto the
said James Smith his heirs executors and administrators all and all manner
of Actions and Suits sums of money debts dues accounts reckonings costs
damages expenses claims and demands whatsoever at Law or in Equity for or
in respect of the said Copartnership between the said James Nicol, John
Mortimer and James Smith or the property or Effects of the said Copart
nership and all payments transactions acts matters and things made had or done
in the conduct or management of the same or otherwise in relation thereto In
Witness whereof the said parties to these presents have hereunto set their
hands and seals the day and year first above written

Owsley Rowley (LS) W. A. Horne (LS) Js. Smith (LS)
Signed sealed and delivered by the said James Smith Owsley Rowley and the
said William Alexander Horne In the presence of

Alex. Aberdeen Richd Neckles
Grenada

Before His Honor Ambrose Hayling Assistant Justice 
of the Supreme Court of Judicature of the Island 
of Grenada and its Dependencies
Personally appeared Alexander Aberdeen one of the subscribing Witnesses
to the forgoing Indenture who being duly sworn mad Oath that he was
present together with Richard Neckles the other subscribing Witness thereto

and

(356)

And did see Owsley Rowley, William Alexander Horne and James Smith
the parties executing the same duly severally and respectively sign and execute
and deliver the same as and for their several and respective Acts and Deeds
and that in testimony of such due execution thereof as aforesaid they this deponent
and the said Richard Neckles did severally set and subscribe their names as
witnesses to the execution of the same Indenture And this Deponent further saith
that the names or signature “Owsley Rowley” “W.A. Horne” “Jas Smith”” sub
scribed thereto as the parties executing the same and of “Alex Aberdeen” “ Rich”
Nickle?” as the Witnesses thereto are of the several and respective handwriting and
signatures of the said Owsley Rowley William Alexander Horne James Smith
Alexander Aberdeen this Deponent and Richard Neckles whose signature the
same purport to be.

Alex Aberdeen
Sworn before me this nineteenth day of August 1841

Ambrose Hayling A∫sistant Justice

The transcriptions are continuing and as mentioned I’ve increased my speed of transcribing with the use of Dragon 11. I’m also checking out the genealogy software, Gramps, which is an intuitive based genealogy software available for an Ubuntu operating system.

And just a quick plug for our quilting… Check back with Quilts SB soon. Our first quilt of our OP Noel SeriesNöel Diptech – should be posted shortly.

Enjoy,

Jim

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