Part 437s – Smith Robertson Genealogy – Indenture Research – 1821 GGG-Grandfather James Smith Finalizes Sale of 810 SqFt – £1,386.0.0

18 January 2011

Good day and a Merry Winnie the Pooh Day…

The sun is shining and our house is shaking off the doldrums of last week and the cold and rain… and preparing for our shot of a mini-Spring. The Farmer’s Almanac is forecasting thunder-storms, then sunny and cold, then sunny and very cool for the remainder of January. Here’s hoping that we won’t get anything lower than the average predicted temperature of 59°F.

And so I continue with my Indenture Transcription Project, in the search for the origins and genealogy of ggg-grandfather James Smith, who made his home in Grenada.

The next Indenture from the Grenada Registers of Records follows up, what appears to be the final paperwork on the sale of a small parcel of land; 810 square feet. This Document follows my previous work on a preluding Document I worked on in Part 432s.

This property appears to have been sold by ggg-grandfather James to one Catherine Baillie of the Town of Saint George and her 2-year old infant son, William Miller. There also appears to be a caveat added into the Document that includes another William Miller who is not is Grenada, but in Trinidad.

Here are images of the Pages 137 through and including 140 downloaded from the microfilm FHL [1563379].


My transcription –
(137)

Xd
This Indenture made the eleventh day ^of May in the second year
of the reign of Our Sovereign Lord George the Fourth by the Grace of God of the United
Kingdom of Great Britain and Ireland Kind Defender of the faith & and in the
year of our Lord One thousand eight hundred and twenty One Between James Smith
of the parish of Saint George in the Island of Grenada Mill Carpenter of the first part
Catherine Baillie of the Town of Saint George in thesaid Island Spinster and William
Miller her infant Son of the Age of two years or thereabouts of the second part and
William Miller formerly of thesaid Island of Grenada but at present in the Island
of Trinidad of the third part Whereas thesaid William Miller hath Contracted
and agreed with thesaid James Smith for the absolute purchase of a piece or parcel
of Land and the me∫suages or tenements thereon erected and the Out buildings here
inafter described at and for the price or sum of One thousand three hundred and
Eight six pounds Current money of thesaid Island and for the purpose of providing a
maintenance and support for thesaid Catherine Baillie and her infant Son William
Miller ========================== Hath directed that the same shall be conveyed to
thesaid Catherine Baillie and her infant Son William Miller for their lives as joint
tenants and upon the death of the longest? liver? of them thesaid Catherine Baillie and
William Miller then to thesaid William Miller his Heirs and a∫signs forever Now
this Indenture Witne∫seth that in performance of thesaid Agreement and also
for and in Consideration of thesaid sum of One thousand three hundred and eighty six
pounds Current money of Grenada to him thesaid James Smith in hand well and truly
paid at or before the Sealing and delivery of these presents the receipt whereof he thesaid
James Smith Doth hereby acknowledge there from and from every part thereof doth
acquit release and discharge thesaid William Miller his Heirs Executors and
Administrators by these presents for ever He thesaid James Smith Hath granted

Bargained


(138)

Bargained sold aliened released and Confirmed and by these presents
Doth grant bargain sell alien release and Confirm unto thesaid Catherine Baillie
and William Miller in their actual possession now being by virtue of a bargain
and salt thereof made to them by thesaid James Smith by Indenture being
date and the day next before the day of the date ^made? _____ before the execution of these presents for one whole year to be completed from the day next before the day of the _____ of the same Indenture of Bargain
and Sal and by force of the Statute made for transferring use unto possession / All
that Lot piece or parcel of land and the Me∫suage or tenements and Buildings thereon
erected hereditaments and premises with the appurtenances as Containing in
front twenty seven feet and in depth thirty feet Bounded On the North by Gore
Stree On the West by Halifax Street On the South by land lately of Robert
Napier and on the East by lands of Mary Ann Doret or however otherwise the same
may be abutted bounded known distinguished or described or therewith or with any
part thereof usually had held used occupied accepted reputed deemed taken or
known as part parcel or member thereof or of any part thereof And all Ways
Paths Pa∫sages Water Watercourses Easements Commodities Advantages
and appurtenances thereto belonging and appertaining -- And the
reversion and reversions remainders and remainders Rents i∫sues and
profits of all and singular thesaid premises and every part and parcel thereof
with the appurtenances And also all the Estate rights title interest Trust
Property, Claim and demand and whatsoever either at Law or in equity of him thesaid
James Smith of in and to all and singular thesaid hereby granted and
released parcel of land Mes∫suages tenements hereditaments ^and of _____ any part and parcel thereof with the appurtenance And also all deeds Evidences and Writings Escripts and
muniments touching or concerning thesaid premises only or any part thereof
together with true Copies of all other deeds evidences and writings Escripts and muniments
which do Concern thesaid Lot piece or parcel of land Me∫suages tenements and
hereditaments with the appurtenances or any part thereof jointly with
=====================================================================
==================== Jointly with any other lands and tenements now
in the Custody or possession of him thesaid James Smith or which he Can or
may procure or come by without suit at Law or in Equity thesame Copies to
be made taken and written at the proper Costs and charges of thesaid Catherine
Baillie and William Miller To have and To hold all and singular thesaid Lot
Piece or Parcel of land Me∫suages and Tenements Buildings and hereditaments
hereby granted and released or intended so to be and every part thereof with the
appurtenances unto thesaid Catherine Baillie and William Miller for and
during the term of their natural lives as joint Tenants and upon the death of
thesaid Catherine Baillie and Willis Miller to the only proper use and behoof
of thesaid William Miller his Heirs and a∫signs for ever and to and for not other
use interest or purpose whatsoever And thesaid James Smith for himself his
Heirs Executors and Administrators doth Covenant ^grant promise and agree to and with
thesaid William Miller his heirs and a∫signs that he thesaid James Smith now is the
live? lawful and rightful Owner of all and singular thesaid hereinbefore described Lot piece
or parcel of land Me∫suages tenements Buildings and hereditaments and of every
part

(139)

Part and parcel thereof with the appurtenances and? for and notwithstanding any
act matter or thing whatsoever him thesaid James Smith or any persons whatsoever _____
fully Claiming or to Claim from by or under or interest for him them or either of them done
committed or wittingly or willingly suffered to the Contrary thesaid James Smith at the
time of the sealing and delivery of these presents to lawfully and rightfully seized in his own
right of a good sure perfect absolute and indefeazible estate of inheritance in fee simple
of and in all and singular thesaid Land Me∫suages tenements and hereditaments above
mentioned with the appurtenance without any manner of reversion remainder
Trust limitation Condition Mortgage use or uses or any other matter Restraint
or thing whatsoever to alter change revoke make void le∫sen _____ _____ determine
the same And that he thesaid James Smith for and notwithstanding any such
Act6 matter or thing as aforesaid now hat good right full power and sufficient authority
in the Law to grant release and Convey all and singular thesaid Lot piece or parcel of
of land Me∫suages tenements Buildings and hereditaments herby granted and
released with the appurtenance unto thesaid Catherine Baillie and William
Miller and to thesaid William Miller in manner aforesaid and according to the purpose
and true meaning of these presents and further that it shall and may be lawful
to and for thesaid Catherine Baillie and William Miller and thesaid William
Miller his Heirs and a∫signs at all times hereafter peaceably and quietly to enter
into have hold occupy possess and enjoy thesaid Lot piece or parcel of land Me∫suages
tenements and hereditaments with the appurtenances and every part thereof without?
the lawful let suit interruption Eviction or disturbance of him thesaid James Smith
or any other person or persons lawfully claiming or to claim by from or under or in
trust for them or either of them and that well and sufficiently acquitted exonerated
and discharges saved kept harmle∫s and indemnified of from and against all
former and other Gifts Grants Bargains Sales Leases Mortgages Jointures Dowers
uses trust Wills Entails Annuities Recognizances Extents Judgments =====
or executions rents and of from and against all other Charges Estates Rights titles troubles
and incumbrances whatsoever and or to be had mad Committed _____ suffered by
thesaid James Smith or his Heirs or any other person or persons lawfully claiming
====================== oor to claim by from or under or in trust for him them or
either or any of them And further that he thesaid James Smith his Heirs and all
and every other person or persons and his and their Heirs having or lawfully claiming
or who shall or may have or lawfully claim any Estate Right title trust or interest
of unto or out of thesaid piece or parcel of land me∫suages tenements Building and
hereditaments with the appurtenances in and by these presents granted and released
or any part thereof by from or under him their or either or any of them shall and
will at all times hereafter upon the reasonable request and at the proper costs and
charges in the Law of thesaid Catherine Baillie and William Miller or William
Miller his heirs and a∫signs make do and execute or Cause or procure to be made
done and executed all and every such further and other lawful and reasonable act
and acts thing and things devices Conveyances and a∫surances in the Law whatso
ever for the further better more perfect and also sale? granting and a∫uring of all
and

(140)

And singular the Me∫suages tenements and hereditaments and premises
aforesaid with the appurtenances and every part and parcel thereof unto the said
Catherine Baillie and William Miller for the term of their natural lives and
upon their deaths unto thesaid William Miller his Heirs and a∫signs as by thesaid
Catherine William Miller William Miller or their or his Counsel learned
in the Law shall be reasonably advised or devised and required In Witne∫s whereof
thesaid parties to these presents have hereto set their hands and seals the day
and year first before written.
James (LS) Smith
Signed Sealed and Delivered in the presence of _____ _____ “Maintenance”
in the tenth line in the first page and the Word “a∫surance”” in the seventh line in the
fourth page being previously written or an erasure? And the Words “And to their Heirs and
assigns” in the fourth line the “Word” the” in the seventh line and the word “and” in the
ninth line of these and page and previously scratched through.
Thos Boutens
Grenada Acknowledged before me by James Smith the party executing
the within Indenture as and for his free and voluntary Act and deed this twenty
second day of May in the year of Our Lord One thousand and eight hundred and
twenty one.
Owsley Rowley D. Reg.

The nature of this Indenture, which of course I am not purporting that what I think is the correct and viable source of certainty, is that there could have been an association between ggg-grandfather James and Catherine Baillie. This is purely conjecture... that is a part of the questions that I have jotted down after I transcribed and read the Indenture.

On to the next Indenture – a contract between ggg-grandfather James Smith and one Mary Jane Marecheaux.

Stay tuned, and enjoy,

Jim


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