Part 367s – Smith Robertson Genealogy – Indenture Research – 1813 Hester Smith Plus– An Agreement

21 September 2010

Evening,

This search for the origins, ancestry, and genealogy of my ggg-grandfather James Smith is certainly causing me to further sharpen and enhance my technological skills. I thought I was getting to that point in my life where I would be able to start coasting... Hah! Something has bombarded my MS Word 2010. I haven't got a clue, it just keeps crashing. And of course, I have my backup plan, download my Word document into Google Documents, and ta-da, I continue.

My next Indenture in my Transcription Project is An Agreement dated 7 November 1812 and entered 24 January 1814 concerning a number of Smiths. The Smiths included are: Hester (née Dance) Smith, George Smith, Ann Smith, Elizabeth Smith and Frances Diana Smith. A key referenced person is one, Nathaniel Smith, deceased. Hester, I believe, is the widow of Nathaniel Smith.

From what I've discovered Nathaniel and Hester (née Dance) Smith were the parents of Nathaniel, Caroline, George, Hester, Ann, Elizabeth, and Frances Diana. In 1813 the surviving children were possibly Caroline, George, Ann, Elizabeth, and Frances Diana. There is no info regarding the ultimate passing of Caroline, and the four surviving siblings are all mentioned in the following Agreement, along with their surviving mother, Hester (née Dance) Smith.

The inserted portrait of Hester (née Dance) Smith was completed in 1769 by her brother, Sir Nathaniel Dance-Holland.

At present I'm not sure that there is any familial connection or relationship between ggg-grandfather James and the Smiths of this Record. It does not appear to be promising but I am not shutting this door behind me.

Here are the Pages of the Agreement, 478 through and including 483. They are downloaded from the Grenada Registers of Records and Item 2 of the microfilm FHL [1563379].


My Transcription -
(478)
Examined


Entered 24th January 1814
An Agreement made the Seventh day of November one thousand
eight hundred and twelve Between Hester Smith of Ashton in the
County of Surrey Widow and George Dance of Upper Leaver? Street Esquire
Surviving executors of Nathaniel Smith, Esquire Deceased of the first part
George Smith of Ashted aforesaid Esquire Ann Smith Elizabeth
Smith and Frances Diana Smith of Ashted aforesaid
Spinsters of the second part Sir John Boyd of Ludlow in the County
Salop baronet eldest Son and Sole acting executor of Sir John Baronet
Deceased of the third part and John Drummond of Charing Cro∫s
Loris? Banker William Manning of the City of London Merchant
and George Grote of Threadneedle Street London Banker of the fourth part
Whereas by indentures of Lease and Release bearing Date the thirtieth and thirty first days
of August one thousand Seven Hundred and Seventy Six the Release between Thomas Frith and
Rachel his Wife of the first part the said Nathaniel Smith Deceased of the second part and
John Trevanion Esquire Deceased of the third part the said Thomas Frith and Rachel his Wife
Did grant release and Assign unto the Said Nathaniel Smith his Heirs Executors Administra
tors and Assigns………. a plantation in the Island of St. Vincent now called Frith planta
tion with the Salves Implements and Appurtenances to hold the same unto and to the use
of the Said Nathaniel Smith his heirs Executors Administrators and Assigns Subject to
redemption on payment of four thousand pounds and interest as therein Mentioned And
Whereas by Indentures of Lease and Release bearing dates the twenty Seventh and twenty
ninth days of March one thousand Seven Hundred and eighty four between the same
persons as are parties to the last mentioned Indenture of Release and Thomas Frith and

Rachael



(479)

Rachael his Wife did grant and release unto and to the use of the said Nathaniel Smith
and his Heirs certain other Lands and Hereditaments therein mentioned forming part of the said Friths
plantation by way of further Security for the said Sum of four thousand Pounds and interest and
Subject to redemption in payment thereof And Whereas the said Sir John Boyd afterward?
Deceased afterwards purchased the equity of Redemption of the said Friths plantation, and at the
time of his Death and of making his Will as after mentioned was entitled thereto Subject
to the said Mortgage And Whereas by certain Bond or Obligation bearing date
on or about the Seventeenth day of February one thousand Seven Hundred and Ninety four
under the hands and Seals of the said Sir John Boyd ^deceased the said and John Trevanion Deceased the said Sir
John Boyd and John Trevanion, became jointly and Severally bound to the said Nathaniel
Smith in the sum of Eighty thousand pounds conditioned to be void on payment of the sum of
thirty Nine thousand four hundred and twenty four pounds five shillings and four pence with
interest on a Day long Since past And Whereas the said John Boyd was also at the time
of making his will and at the time of his Death entitled to a certain plantation or estate called
the Fountain in the Island of St Christophers (Subject to certain incumbrances) and was also
entitled to two other plantations or estates in the Same Island called Palmiste Point Upper
Estate and Palmiste Point Lower Estate and was also entitled to certain Plantations or estates
Situate in the Island of Grenada, called Plaisance and L’Esperance and entitled to other ‘
real and personal Estates and Did by his Will dated the eighth day of October one thousand
Seven hundred and Ninety Seven Charge all his …… Real Estates with the payment of his debts
And Whereas there is due and owing to the said executors of the said Nathaniel Smith esquire?
and by Virtue of the said Mortgage the said principal Sum of four thousand Pounds and upon
and by Virtue of the said Bond the Sum of Eleven thousand eight Hundred and thirty three
pounds Six Shillings and eight pence exclusive of interest upon both Debts from the thirtieth
Day of September one thousand eight Hundred and twelve up to which Day all Interest _____
upon both Sums hath been paid And Whereas by Indenture of thirteen parts bearing
Date the tenth day of May one thousand eight Hundred and five mad between the several
persons parties hereto and various other persons Creditors of and Claimants upon the Estates
of the said Sir John Body deceased Sir John Boyd party hereto and the said John Trevanion
Deceased and by Several Indentures therein Recited the estates in the West Indies and in England
of the said Sir John Boyd Deceased and John Trevanion…….. including the said Friths Estate
Subject to the said Mortgage and the said estates late of the said Sir John Boyd Deceased in
Saint Christophers and Grenada, were conveyed to the said John Drummond William
Manning and George Grote their Heirs executors Administrators and Assigns upon certain
Trusts for the purposes of Discharging the Demands of the said Several Creditors and Claimants
and the said …….. Creditors and Claimants entered into certain Covenants for postponing
the receipt of their Demands upon certain Conditions therein contained And Whereas
the said Sir John Body and the said John Drummond William Manning and George Grote
as the trustees used in the said last mentioned Indenture have applied to and requested the said
executors of the said Nathaniel Smith to postpone for the further term of ten Years to begin
computed from the thirtieth day of April one thousand eight Hundred and Seven the
receipt of the principal of these ^said Demands of four thousand pounds and Eleven thousand

Eight

(480)

Eight Hundred and thirty three pounds Six Shillings and eight Pence and the said Executors
Issues? by Reason and in pursuance of Such Request Agreed to postpone the receipt of the said principal
Money upon the terms hereinafter expre∫sed and upon having Judgments with execution against the
Said Sir John Boyd as Executor of the said Sur John Boyd Deceased for the Sum of thirty
thousand Six Hundred and Sixty Six pounds thirteen Shillings and four pence confe∫sed and entered
up of Record and lodges in the Marshals office in the said Island of St. Kitts and Grenada with
a Stay of proceedings upon Such execution during the observance of this Agreement and of all
condition provision and Stipulations therein contained on the part of the said John Drummond
George Grote and William Manning and no longer the said Sir John Boyd hath thereupon agreed
to confess Such Judgments and that Such executions Shall be entered up thereon and lodged as
aforesaid and accordingly hath authorised and Directed James Walker of the Island of St. Kitts
and John Woodley of the same Island his Attornies appointed for that purpose to confe∫s as
Judgment against Heir to the Executors of the said Nathaniel Smith in the Sum of thirty one
thousand Six Hundred and Sixty Six pounds thirteen Shillings and four pence and to take out
such execution and lodge the same in the Marshals office as aforesaid and hath Authorised and
Directed William Henry Whitman & George Gun Munro of the Island of Grenada Esquires his
Attornies appointed for that purposes to confe∫s a Judgment against him to the said Executors of
the said Nathaniel Smith in the like Sum of thirty one thousand Six Hundred and Sixty Six
Pounds thirteen Shillings and four pence and to take out Such executions and Lodge the same in
the Marshals office as aforesaid which Judgments and executions are intended for better leaving?
the said Sums of four thousand pounds and eleven thousand with hundred and thirty three pounds
Six Shillings and eight Pence and the Interest thereof Now there Presents Witne∫s that in
Consideration of the premises and also in Consideration of the Several payments to be Made to the
Present Sir John Boyd as are Hereinafter Set forth the said Hester Smith and George Dance for
themselves their Heirs Elizabeth Smith and Frances Diana Smith who are Beneficially entitled
to the principal Sums and Interest due as aforesaid do Hereby covenant promise and Agree And
the said George Smith Ann Smith Elizabeth Smith and Frances Diana Smith do and each of
them doth also hereby covenant promise and Agree to and with the said Sir John Boyd his heirs
executors and Administrators and also to and with the said John Drummond William Manning and
George Grote their Heirs executors and Administrators that in case the Yearly interest to grow due
from and after the said thirtieth day of September last for and in Respect of the said Several Sums of
four thousand pounds and eleven thousand eight hundred and thirty three pounds Six Shillings and
eight pence Shall be punctually paid to then the said Hester Smith and George Dance or the
Survivor of them or the Executors of the Survivors or the personal Representative of the said Nathanial
Smith for the time being in the Royal Exchange of the City of London on every first day of October
during the term of ten Years to be computed from the said thirtieth day of April one thousand eight
Hundred and eleven or within twenty One days from and after the said first day of October And
Also if the Trustees or Trustee for the time being of the said Indenture of thirteen parts do and
Shall pay or cause to be paid to the present Sir John Boyd or his A∫signs for his and their own
Use Yearly and every Year during the continuance of the said term of ten Years or during
So Much of that term as he shall Live an Annual Sum of three Hundred Pounds to be

Computed

(481)

Computed from the thirtieth day of October one thousand eight Hundred and twelve by equal
Half Yearly payments on the thirtieth day of May and the thirtieth day of October as within
twenty One days after Such days without any Deduction or abatement whatsoever the first half
payment of the said Security to be Made on the thirtieth day of April Now Next or within twenty
One days after that Day and Do and Shall produce to the said Executors or other the personal Representative
for the time being of the said Nathaniel Smith or their Solicitor whenever required So to do by them
or any of them proper receipts or other Vouchers to Show that Such payments have been Made And
Also if the trustee or trustees for the time being of the Said Indenture of thirteen parts do and Shall
from time to time during the continuance of the said term of ten Years permit and Suffer the said
Executors or the personal representatives for the time being of the said Nathaniel Smith or their
Solicitor when and as they or any of them Shall think proper to inspect and ….. Make Copies
of or extracts from the Several trust accounts of the said trustees or trustee for the time being then and
in Such Case but not Otherwise they they Said Hester Smith and George Dance or the Survivor of
them or the executors or Administrators of Such Survivors or other personal Representatives for the
time being of the said Nathaniel Smith Shall not nor Shall the said George Smith Ann Smith
Elizabeth Smith Frances Diana Smith or any or either of them their or any or either of their executors
Administrators or A∫signs take any further Steps or proceedings under thesaid Writs of Execution so to
be lodged as aforesaid (Save and except Such proceedings as may be Nece∫sary for preserving the priority
of thesaid Judgments) Nor Shall nor will institute or prosecute Nor joins or converse with any
other person or persons in ………. instituting prosecuting or otherwise proceeding in Any
Action or Actions Suit or Suits at Law or Equity Against the said Sir John Boyd his executors
or Administrators or the Real or personal Representatives of thesaid Sir John Boyd Deceased Nor
Against thesaid John Drummond William Manning and George Grote or the other trustees of
thesaid Indentures for the time being nor against any other person or persons whosoever in
Order to enforce the payment of thesaid Several principal Sums of four thousand Pounds and
eleven thousand eight hundred and thirty three pounds Six Shillings and eight Pence or any part
thereof or in Order to recover the po∫se∫sion of thesaid Mortgaged Plantations and Hereditaments
or to buy to Sale or foreclosure the Estates of thesaid Sir John Boyd and John Trevanion
Deceased or any of them or any part thereof or otherwise touching or concerning thesaid Several
Sums or either of them due and owing as aforesaid unle∫s the present Agreement Shall have
been previously determined under the promise hereinafter contained Provided always
that nothing Shall prevent thesaid parties or any or wither of them from Defending thesaid
Title to thesaid Mortgage premises Nor from Maintaining thesaid priority of Security for and in
Respect of thesaid Debt of Seven thousand eight Hundred and thirty three pounds Six Shillings and
eight pence remaining due upon thesaid Bond And thesaid Sir John Boyd doth Hereby for himself
his heirs executors and Administrators with the privity and Consent of thesaid John Drummond
William Manny and George Grote covenant and Agree with thesaid Hester Smith and George
George Dance their executors and Administrators that he thesaid Sir John Boyd will not another
the Authorities given to thesaid Attornies to confe∫s and enter up Judgment and Sue such execution
and lodge the same in the Marshals office as aforesaid and that He or the other personal
Representatived for the time being of thesaid Sir John Boy Deceased Shall and Will from time
to time and at all times hereafter when Required do or cause to be done all Such further Action

Shall

(482)

Shall be Nece∫sary to give thesaid Executors of thesaid Nathaniel Smith good and effectual
Judgments and Recoveries Against the Estate of thesaid Sir John Boyd deceased for the sum of thirty
one thousand Six hundred and Sixty six pounds thirteen Shillings and four pence and for better
Securing thesaid Sum of four thousand Pounds Mortgage Money and thesaid Sum of Seven
thousand eight hundred and thirty three Pounds Six Shillings and eight Pence So remaining
due on thesaid Bod Provided always And it is hereby declared that notwithstanding the
interest of thesaid Sums of four thousand pounds and eleven thousand eight hundred and thirty three
pounds Six Shillings and eight pence Shall be regularly paid to thesaid executors or other
personal Representatives of thesaid Nathaniel Smith for the time being as aforesaid And
notwithstanding thesaid Annuity of three Hundred Pounds shall be regularly paid to the
Said Sir John Boyd and receipts produced for thesame and thesaid trust Accounts Shall be at all
times open to Such inspection as aforesaid Yet that it Shall and May be Lawful to and for thesaid
executors or others the legal personal Representatives of thesaid Nathaniel Smith for the time being
to determine thesaid term of ten Years at the expiration of the first five Years of thesaid term or at
the expiration of any Subsequent Years of thesaid term if they or any of them Shall be Desirous
So to do and of Such Desire Shall give to the trustees of trustee for the time being thesaid Indenture
of thirteen parts or to any one of them One Years previous Notice in Writing and upon the expira
tion of Such Notice this present Agreement Shall be Void for the Reissue of thesaid term of ten Years
and all parties Shall have and Retain the same Rights in all Respects as if thesaid Term had
Determined by lapse of time In Witness whereof thesaid Parties to these Presents have Hereunto
Set their Hands and Seals the day and Year first above Written

Hester (LS) Smith, Geo (LS) Dance George (LS) Smith, Ann (LS) Smith, Elizth (LS) Smith
Frances D (LS) Smith

Sealed and Delivered by the within Named Hester Smith, George Dance George Smith Elizabeth
Smith and Frances Diana Smith in the presence of Edmd Robinson, / Carey Street
Sealed and Delivered by the within named Ann Smith in the presence of
George Mortyn of Ashead Esq /

Edmund Robinson of Carey Street in the County of Middlesex Solicitor
Maketh Oath and Saith that he was present and did See Hester Smith George Dance George Smith
Elizabeth Smith and Frances Diana Smith five the parties to the Agreement Hereunto
Annexed duly Sign Seal and as their Respective Acts and Deeds Deliver the same And that the
names or Signatures “Hester Smith” “Geo Dance” “George Smith” “Elizth Smith” and “Frances
D Smith” thereto Set or Subscribed are of the Respective proper Hand writing of thesaid Hester
Smith George Dance George Smith Elizabeth Smith and Frances Diana Smith and this
Deponent further Saith that the Name or Signature Edmd Robinson written or Subscribed
on the back of thesaid Agreement as the Witne∫s to the due Execution thereof by the before
Named parties is of the proper Hand Writing of the Deponent

Edmd Robinson

Sworn at the Mansion house in the City of London the 14th day of September 1813 before me

Geo Scholey, Mayor

George Mortyn of Ashead in the County of Surrey Esquie Maketh
Oath and Saith that he was present and Did See Ann Smith One of the parties to the Agreement

Hereunto 

(483)

Hereunto annexed Duly Sign Seal and as her Act and Deed deliver thesame and that the name or
Signature "Ann Smith" thereto Set or Subscribed is of the proper Hand writing of thesaid Ann Smith
And this Deponent further Saith that the name or Signature "George Mortyn" written or Subscri
bed on the Back of the said Agreement as the witne∫s to the due Execution thereof by thesaid Ann
Smith is of the proper Hand writing of this Deponent.

George Mortyn
Sworn at the Mansion House in the City of London the 2nd day of April 1813 before me

Geo Scholey Mayor

To all to whom these presents Shall come I George Scholey Lord Mayor of the
City of London In pursuance of an Act of Parliament made and passed in the Fifth Year of His
Reign of his Late Majesty King George the Second Intituled An Act for the more easy recovery of
Debts in his Majesty's Plantations and Colonies in America Do Hereby Certify that on the
Second day of April last past and on the day of the date Hereof personally came and appeared
before me George Mortyn and Edmund Robinson the Deponents Named in the Affidavits Here
unto annexed being persons well Known and worthy of Good Credit and by Solemn Oath which
thesaid Deponents then took before me upon the Holy Evangelists of Almighty God did Solemnly
and Sincerely declare testify and Depose to be true the several Matters and things Mentioned and
contained in thesaid Annexed Affidavits
(L S)

In Faith and Testimony whereof I thesaid Lord
Mayor have caused the Seal of the Office of Mayoralty of thesaid City of
London to be Hereunto put and Affixed and the Agreement Mentioned and
Referred to in and by thesaid Affidavits to be Hereunto also Annexed dates
in London the fourteenth day of September in the Year of Our Lord one
thousand eight Hundred and thirteen.
Windale.

And I keep trucking, and searching, and searching...

Enjoy,

Jim

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