Part 347s – Smith Robertson Genealogy – Indenture Research – 1842 James Smith – LWT – Distribution

04 September 2010

Morning,

Just back from my roller-blading. I’m up to 4 ½ miles every other day. Not doing too bad for a border-line elder-codger. (No pun intended to any branch of my Family Tree.) My next target is 6 miles every other day.

Last night’s supper was a quick throw together paella with chicken, shrimp, pepperoni and risotto rice. Onion, garlic, red pepper, cumin, turmeric and salt… and of course olive oil and chicken broth. All on the stove top. Not bad with olives on the side.

The next Document of my Transcription Project in the search for the genealogy, origin and ancestry of my ggg-grandfather James Smith is the last Smith-related Indenture of Item 2 of the FHL microfilm [1563330]. The microfilm is a copy of the Grenada Registers of Records available through the Family History Library at Salt Lake City.

This Document is the Last Will and Testament of ggg-grandfather James Smith. It was signed by ggg-grandfather James 9 December 1842, sworn to 15 February 1843 and entered to the Registers 21 February 1843.

I have previously worked, transcribed and presented ggg-grandfather James’ LWT in Part 61s. This Posting is an updated transcription of the LWT and I decided that I would attempt to further examine and try to understand the distribution of ggg-grandfather James’ possessions and effects to his family and friends.

I am providing images of the pages 502 through and including 505 followed by my updated transcription. Following that are my notes of the distributions accorded from the Will.


Here is my updated transcription.
(502)
Xd

Entered 21st February 1843
In the name of God Amen I James Smith of Good
Hope in the parish of Saint George in the Island of Grenada Esquire being
of sound mind memory and understanding but mindful of the uncertainty of
human life do make this my last Will and Testament in manner and form
following that is to say I desire that all my past debts and funeral and testa
mentary expenses may be paid as soon after my decease as made be convenient by
my Executors hereinafter named and I hereby direct that that the fund out of
which the same shall be paid shall (if sufficient) be any sums due to me from
any debtors, as well as any sums of money which shall be at my Credit in the
Books of the West India Bank in this Island at the time of my decease I give
devise and bequeath unto my dear wife Mary Ann Smith All that my Estate
of Good Hope aforesaid situate in the said parish of Saint George with all the
furniture Plate Linen China and other household goods which may be in the
same at the time of my death together with all Cattle Mules and other live
Stock attached to the said Estate or which may be thereon at the time of my
death Also all that my freehold messuage or tenement situate in the town
of Saint George in the said Island of Grenada in the Market Square and now
in the tenure or occupation of Thomas McEwen. To hold the same to
her and her assigns for and during the term of her natural life Subject
to the payment of the sum of Five pounds annually to Mary Smith

the

(503)

The reputed daughter of my son George Smith for and during the term of
her natural life, and the further sum of Eight pounds annually to each of
my daughters Sophia Ventour and Mary Steele during their natural lives
and after the decease of the said Mary Ann Smith I give devise and
bequeath unto my said Son James Smith and to his heirs and assigns
for ever All that my said Estate called Good Hope subject to the annuity
of Five pounds bequeathed to Mary Smith, also one half of my furniture
Plate Linen China and other Household Goods and one half of my Cattle
Mules and other live stock attached to the said Estate of Good Hope and I
give devise and bequeath unto my said Son Thomas Smith and to his heirs and
assigns for ever All that my House and lot in the Market Square at
present in the tenure or occupation of Thomas McEwen subject to the several
annuities of Eight pounds each bequeathed to my daughters Sophia Ventour
and Mary Steele and the other half of my furniture Plate Linen China and
other household Goods and Cattle Mules and other live Stock attached to
the said Good Hope Estate I give devise and bequeath unto my said Son Thomas
Smith his heirs and assigns for ever All that my freehold messuage and
tenement situate in Young Street in the town of St. George with the Shop thereunto
attached and now in the occupation of George Rutherford and John Gibbs. I give
devise and bequeath to my said son James Smith his heirs and assigns
all that freehold Messuage or tenement situate in Scott Street said
town of St. George together with the lot piece or parcel of land now used as a
work Shop with all other than the out buildings there to attached and which were
purchased by me from the late James Bain together with all the Lumber
Tools and other implements of Trade which are now on the same Subject
nevertheless to the annuity and Legacies hereinafter mentioned viz. To my Son
Henry Smith a clear yearly sum of Forty pounds to be paid to the said
Henry Smith quarterly during his life. To my God Sons Robert Guthrie,
James Steele son of Richard Steele Esquire of Green Hill, to James Steele
son of George Steele of the said town of Saint George and to my God
daughters Frances McEwen the wife of Thomas McEwen Esqr and Mary
Ann Smith daughter of the late Frank Smith the sum of Six pounds
each. I give devise and bequeath unto my said Son Thomas Smith All
that my Estate called Charlotte Vale situate in the parish of Saint David
in the said Island of Grenada with the buildings thereon erected and all
and singular the appurtenances thereto belonging. I give devise and bequeath
to Benjamin Ventour James Smith and Alexander Bain their heirs and
assigns All that my other Freehold messuage or tenement situate in Scott
Street aforesaid formerly occupied as the Colony Hospital Upon Trust to pay out of
the rents thereof the sum of Twenty pounds to my son George Smith and to
pay to my Sister Betsy La Grenade the sum of Sixteen pounds annually

during

(504)

During the term of her natural life and the like sum of Sixteen pounds
annually to my son Thomas Smith during the term of his natural life
and upon further Trust that after payment of the said Annuities my said
Trustees Benjamin Ventour James Smith and Alexander Bain whom I also
nominate constitute and appoint Executors of this my last Will and Testament
do employee any rest residue or remainder of the rents to be received from the said
House in keeping the same in repairs or in the improvement thereof at the
discretion of my said Trustees. And from and after the decease of my said
Son Thomas Smith and my Sister Betsy La Grenade I give devise and bequeath
the said Messuage or Tenement loft piece or parcel of land unto the Children of
my daughter Mary Steele by her present Marriage as shall be living at the
time of either of the above events happening their heirs and assigns equally share
and share alike as tenants in common and not as joint tenants. I give
devise and bequeath to my Grand daughter Madelaine Ventour One half of the
Shares which I possess in the Capital Stock of the West India Bank and
the remaining half thereof I give and bequeath to Louis La Grenade Esqre I give
and bequeath to Benjamin Ventour my Gold Watch Chain and Seals. I give
and bequeath unto my friend Alexander Couper his choice of one of my
Milch Cows at Good Hope. I give and bequeath unto Alexander Bain the
Clothes Press which I have in the Town of Saint George and my Copy of the
Encyclopedia Britannica contained in Twenty Volumes. And I do hereby revoke
all former and other Wills by me at any time heretofore made and declare
this to be my last Will and testament. In Witness whereof I the said Testator
James Smith have to this my last Will and Testament set my hand and
Seal this Ninth day of December in the year of our Lord one thousand eight
hundred and forty two.

Js Smith (L S)
Signed sealed published and declared by the said testator as and for his
last Will and Testament in the presence of us who in his presence at his
request and in the presence of each other have here unto subscribed our names
as Witnesses.

J A St. Bernard John Ls A St. Bernard James St. Bernard
Grenada

Before His Excellency Charles Joseph Doyle Colonel in Her
Majesty’s Army Lieutenant Governor and Commander
in Chief in and over the Island of Grenada and its
Dependencies Chancellor and Ordinary of the same.
Personally appeared John Alexander St. Bernard of the Parish
of Saint George in the Island of Grenada Planter who being duly
Sworn made Oath that he was present together with John Louis
Alexander St. Bernard and James St. Bernard and did see James

Smith

(505)

Smith the Testator within named duly signed seal execute and deliver the
within written Will and at the same time did hear the said Testator publish
and declare the same as and for his last Will and Testament and that
the name or signature "Js Smith" set and subscribed opposite the seal
at foot of the said Will is of the proper handwriting of the said Testator James
Smith And this deponent further saith that in testimony of such due execution
thereof as aforesaid they this deponent and the said John Louis Alexander St.
Bernard and James St. Bernard did at the request of the said Testator in his
presence and in the presence of each other severally subscribe their names as
witnesses thereto and that the names or signatures "J. A. St. Bernard" "John
Ls. A. St. Bernard" and "James St. Bernard" set and subscribed to the attestation
written at foot of the said Will are of the respective proper handwriting of this
deponent and the said John Louis Alexander St. Bernard and James St. Bernard
And lastly this deponent saith that at the time the said Testator so signed
sealed published and declared the said within written Will as and for his
last Will and Testament as after said he was to the best of this to deponent's
Judgment and belief of sound mind memory and understanding.

J. A. St. Bernard
Sworn to before me this Fifteenth day of February 1843

C. J. Doyle Ordy.

Here are my notes of the distribution of ggg-grandfather James Smith’s Last Will and Testament.

Definitions -

  • Messuage - In law, a dwelling house and its adjacent buildings and the adjacent land used by the household.
  • Tenement - A dwelling house with the surrounding land.

To Mary Ann Smith, Wife

  • Estate of Good Hope, parish of Saint George with attached
  • All Furniture Plate Linen China and other household goods
  • All Cattle Mules and other live Stock
  • All freehold messuage or tenement situated at Market Square in the town of Saint George, at the time occupied by Thomas McEwen
  • All subject to the £5.0.0 annuity to granddaughter Mary Smith

To Mary Smith, Reputed Daughter of Son George Smith

  • £5.0.0 Annually for her natural life

To Sophia (née Smith) Ventour, Daughter

  • £8.0.0 Annually for her natural life

To Mary (née Smith) Steele, Daughter

  • £8.0.0 Annually for her natural life

To James Smith, Son, after the death of Mary Ann Smith, Executor of the Will

  • Good Hope Estate, parish of Saint George with attached
  • One-half Furniture Plate Linen China and other household goods
  • One-half Cattle Mules and other live Stock
  • All subject to the £5.0.0 annuity to Granddaughter (his niece) Mary Smith
  • All freehold messuage or tenement with the Work Shop and all other buildings situated at Scott Street in the town of Saint George
  • All Lumber Tools and other implements of Trade
  • All subject to the £8.0.0 annuities to Daughters, (his sisters) Sophia (née Smith) Ventour and Mary (née Smith) Steele and to the £5.0.0 annuity to Granddaughter (his niece) Mary Smith
  • All other freehold messuage or tenement situated at Scott Street formerly occupied by the Colony Hospital of which the rents have to give annually £20.0.0 to Son (his brother) George Smith and to give annually £16.0.0 to his Sister (his aunt) Betsy (née Smith) La Grenada, to give annually £20.0.0 to Son (his brother) Thomas Smith

To Thomas Smith, Son after the death of Mary Ann Smith

  • The House and Lot in Market Square, at the time occupied by Thomas McEwen
  • Other half Furniture Plate Linen China and other household goods attached to Good Hope Estate
  • One-half Cattle Mules and other live Stock attached to Good Hope Estate
  • All freehold messuage or tenement with the attached Shop situated at Young Street in the town of Saint George, at the time occupied by George Rutherford and John Gibbs
  • Charlotte Vale Estate, parish of Saint David
  • All buildings and appurtenances belonging to Charlotte Vale Estate

To Henry Smith, Son

  • £40.0.0 Annually paid quarterly during his life

To Robert Guthrie, Godson

  • £6.0.0

To James Steele, Godson (possibly grandson), son of George (and possibly daughter Mary (née Smith) Steele

  • £6.0.0

To James Steele, Godson, son of James Steele

  • £6.0.0

To Frances McEwen, Goddaughter, wife of Thomas McEwen

  • £6.0.0

To Mary Ann Smith, Goddaughter, daughter of Frank Smith

  • £6.0.0

To Benjamin Ventour, Son-in-Law, husband of his daughter Sophia (née Smith) Ventour, Executor of the Will

  • All other freehold messuage or tenement situated at Scott Street formerly occupied by the Colony Hospital of which the rents have to give annually £20.0.0 to Son George Smith and to give annually £16.0.0 to his Sister Betsy (née Smith) La Grenada, to give annually £20.0.0 to Son Thomas Smith
  • His Gold Watch Chain and Seals

To Alexander Bain, Executor of the Will

  • All other freehold messuage or tenement situated at Scott Street formerly occupied by the Colony Hospital of which the rents have to give annually £20.0.0 to Son George Smith and to give annually £16.0.0 to his Sister (his aunt) Betsy La Grenade, to give annually £20.0.0 to Son Thomas Smith
  • The Clothes Press
  • His copy of Encyclopedia Britannica in Twenty Volumes

To Children of Mary (née Smith) Steele and George Steele, Grandchildren

  • In the event of the passing of his Son (their uncle) Thomas Smith and of his Sister (their grandaunt) Betsy (née Smith) La Grenade, to share equally that which had been allocated to their uncle Thomas Smith and grandaunt Betsy (née Smith) La Grenade

To Madelaine Ventour, Granddaughter, daughter of Sophia (née Smith) and Benjamin Ventour

  • One half of the Shares of the balance of the Capital Stock owned of the West India Bank

To Louis La Grenade, (I am guessing his brother-in-law and husband of his sister Betsy (née Smith) La Grenade

  • One half of the Shares of the balance of the Capital Stock owned of the West India Bank

To Alexander Couper, Friend

  • A choice of one of his Milch Cows from the Good Hope Estate

Now on to Item 3.

And after the upgrade to my PC, I need to reinstall both my Legacy 7.4 and The Master Genealogist 7.04 programs.

Enjoy,

Jim

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