Part 457s – Smith Robertson Genealogy – Indenture Research – Richard Oliver, Mary (née Broderip) & William Smith

15 February 2011


Morning, Afternoon, and Evening,

My trek continues in the search for the origins and ancestry of my ggg-grandfather James Smith. When did he appear in Grenada? Was he born there? This is the question… and the sole object of my search.

This next Indenture from the Grenada Registers of Records includes three Smiths: Richard Oliver Smith, Mary (née Broderip) his Wife, and William Smith, his late Father. Based on my work transcribing this Document I am not immediately aware of any indication of relationship to my ggg-grandfather James.

From WorldNews I have included a video of Wells Cathedral. Liberty of Saint Andrews in Wells, in the County of Somerset appears to be the Great Britain location of this family who had many interests in Grenada.

Here are the eight pages; 366 through and including 373 of the 10 December 1819 Indenture. I have downloaded the images from Item 7 of the microfilm [1563379].


And my transcription…

(366)
Xd
This Indenture Quinque partite made the tenth day of
December in the Sixteenth year of the reign of Our Sovereign Lord George the Third
by the Grace of God of the United Kingdom of Great Britain and Ireland King
Defender of the Faith and in the year of Our Lord One thousand eight hundred and
Nineteen Between the within named Richard Oliver Smith and Mary his
New Wife of the first part (late Mary Broderip Spinster within named) the
within named Robert Langley Appleyard of the second part the within named
Edmund Broderip the younger of the third part Thomas Strangways Homer
of Mells Park in the County of Somerset Esquire of the fourth part and

William 


(367)

William Melliar of Wells in thesaid County of Somerset Gentleman
of the fifth part Whereas since the date and execution of the within
written Indenture thesaid Robert Langley Appleyard hath declined to act
as a Trustee in and under the within Deed of Settlement and is desirous of
being discharged from the Trusts thereof and therefore thesaid Richard Oliver
Smith and Mary his Wife have resolved to appoint the said Thomas Strangways
Homer as Trustee in the stead or place of thesaid Robert Langley Appleyard in
manner hereinafter mentioned and thesaid Robert Langley Appleyard hath
consented and agree to Convey assign and transfer the within mentioned
Trusts Estates and premises unto thesaid Thomas Strangways Homer and
Edmund Broderip the younger and unto thesaid William Melliar in manner
herein also after mentioned Now this Indenture Witnesseth that the
said Richard Oliver Smith and Mary his Wife in pursuance and exercise of
the power and authority in that behalf to them given and reserved in and by the
within written Indenture of Release and Assignment and settlement and by
force and virtue thereof Have nominated and appointed and by these presents
Do nominate and appoint thesaid Thomas Stangways Homer to be a Trustee
in the place or stead of thesaid Robert Langley Appleyard in respect of the planta-
tions ^Estates Lands Hereditaments and other property within mentioned released and assigned
and Conveyed or intended so to be And this Indenture further Witne∫seth
that for and in Consideration of the sum of ten shillings of lawful money
current in Great Britain by thesaid Thomas Strangways Homer to the
said Robert Langley Appleyard and Edmund Broderip the younger well and
truly paid at or before the sealing and delivery of these presents the receipt
whereof is hereby acknowledged they thesaid Robert Langley Appleyard and
Edmund Broderip the younger at the request and by the direction of the
said Richard Oliver Smith and Mary his Wife testified by their severally
being made parties ^to and respectively executing these presents and in pursuance
exercise? and performance of the power and authority or direction in that
behalf within given and according to their several and respective Estates
rights and interests in the premises but no further or otherwise Have and
each of them Hath bargained sold and released and by these presents
Do and each of them Doth bargain sell and release unto thesaid Thomas
Strangways Homer his Heirs and assigns All and singular the plantation
and Estate called Revolution Hall Estate within mentioned and
described and all that piece or parcel of Land within mentioned to have been
purchased by William Smith and from Mi∫s Herbert within mentioned And
also all that the Coffee plantation and Hereditaments within mentioned
to have been bought by thesaid William Smith of and from Madame Bertrand
also within mentioned together with all me∫suages lands Out houses boiling
houses Curing houses Edifices and buildings standing and being therein and
all other freehold hereditaments to thesaid premises belonging or in any
wise appertaining which were conveyed by the within settlement unto or vested?
in

(368)

In thesaid Robert Langley Appleyard and Edmund Broderip the younger the
same being in the actual possession of thesaid Thomas Strangways Homer by
virtue of a Bargain and Sale to him thereof made by the said Robert Langley
Appleyard and Edmund Broderip the younger in Consideration of five shillings
a piece by Indenture bearing date the day next before the day of the date and
executed previous to the execution of these presents for the term of One whole
year to be completed from the day next before the day of the date of the same
Indenture of Bargain and Sale and by form of the Statute made for trans
ferring uses into possession / and the reversion and reversions remainder and
remainders yearly and other rents i∫sues and profits of the same Hereditaments
and every part thereof and all the Estate right title interest use trust property
benefit advantage claim and demand whatsoever at Law and in Equity of them
thesaid Robert Langley Appleyard and Edmund Broderip the younger and each
of them of in to and out of the same hereditaments and any or any part hereof
To have and To hold thesaid plantation Estates Lands and hereditaments
hereby releases and Conveyed or expressed or intended so to be with their and any of
their rights members and appurtenances unto thesaid Thomas Strangways Homer
and his heirs to the uses of thesaid Thomas Strangways Homer ----------------------------
and Edmund Broderip the younger their Heirs and assigns forever to such
and the same uses and upon and for such and the same trusts intents
and purposes and with under and subject to such and the same powers provisoes
declarations and agreements as are declared of Concerning the same trust
Estates and premises respectively in and by the within Indenture of Settle-
ment and to for or upon neither use and intent or purpose whatsoever And this
Indenture further Witne∫seth that in Consideration of the sum of ten
shillings of like lawful money by thesaid William Melliar to thesaid Robert
Langley Appleyard and Edmund Broderip they younger well and truly paid
set or before the sealing and delivery of these presents the receipt whereof is
hereby acknowledged they thesaid Robert Langley Appleyard and Edmund
Broderip the younger at the like request and by the like direction of thesaid
Richard Oliver Smith and Mary his Wife testified as aforesaid and in pursuance
and further exercise and performance of the power and authority aforesaid and
according to their respective Estates and interests therein but no further or otherwise
Have and each of them Hath bargained sold assigned and assigned and set
_____ and by these presents Do and each of them Doth bargain sell assign and
assigns All and singular the live and dead stock and other the premises
which are not of the nature or tenure of freehold within mentioned and
assigned and transferred in and by the within Indenture of Settlement or
expressed or intended so to be and every part and parcel thereof And all the
Estate right title interest property Claim and demand whatsoever at Law and
in Equity of them thesaid Robert Langley Appleyard and Edmund Broderip
the younger and each of them of in to and or _____ of the same and every part thereof
To have and To hold all and singular the live and dead stock and other the
premises

(369)

Premises last herein before mentioned and assigned or expressed or
intended so to be and any part and parcel thereof unto thesaid William Melliar
his Executors administrators and assigns from henceforth for all the Estate
right title and interest whatsoever of thesaid Robert Langley Appleyard
and Edmund Broderip the younger of unto and our of the same But upon trust
neverthele∫s and to the intent that he thesaid William Melliar his executors and
administrators and assigns All and singular Do and shall fortwith and
immediately after the sealing and delivery hereof by an Indenture already
prepared or by some other Indenture Deed Poll or proper assurance assign
all and singular the live and dead Stock and other the Chattle property and
premises hereinbefore assigned or mentioned or intended so to be and all the
Estate right title trust and interest of him thesaid William Melliar therein
and thereto unto them thesaid Thomas Strangways Homer and Edmund
Broderip the younger their Executors administrators and assigns so as and
in such manner that the same maybe well and effectually vested in
them upon and for such and the same powers provisoes declarations and
agreement as are mentioned expressed and declared of and Concerning
the same premises in and by the within Indenture of Settlement or
such or so many of them ax are new subsisting and Capable of taking
effect And thesaid Robert Langley Appleyard and Edmund Broderip
the younger do hereby for themselves severally and respectively and for their
several and respective Heirs Executors and administrators each of them
speaking for himself and his own acts and deeds only do hereby covenant
declare and agree to and with thesaid Thomas Stangways Homer his
Heirs and assigns and to and with thesaid William Melliar his Executors
Administrators and assigns that thesaid Robert Langley Appleyard and
Edmund Broderip the younger or either of them have not nor hath at
any time heretofore made done executed Committed or wittingly or knowingly
suffered any Act deed matter or thing whatsoever whereby or by reason or
means whereof thesaid plantations Estates Lands Hereditaments live
and dead stock and other the premises hereby respectively released and
assigned or expressed or intended so to be or any part thereof are is shall
may be impeached charged or incumbered or in any wise affected in title
Estate or otherwise howsoever And Lastly to this intent that these presents
and the Lease for a year hereunto annexed may be duly recorded acknowledged
and registered according to the Laws of the Island of Grenada within men
tioned thesaid Richard Oliver Smith and Mary his Wife Robert Langley
Appleyard Edmund Broderip the younger Thomas Stangways Homer
and William Melliar Do and each and every of them Doth nominate and
Constitute and appoint and in their and each and every of their place
and stead put William Mitchell and George Gun Munro both of the Island of
Grenada Esquires jointly and severally to be their and each and every or their
true

(370)

True and lawful Attornies and Attorney for them and each and every of them
and in their and each and every of their name or names to appear before the Secretary
or Registrar of thesaid Island and then and their to acknowledge these
presents and thesaid Lease for a year to be respectively the Acts and deeds
of them thesaid Richard Oliver Smith and Mary his wife Robert Langley
Appleyard Edmund Broderip the younger Thomas Strangways Homer
and William Melliar respectively and the names and seals hereto subscribed
and fixed to be the hands writing and Seals of them the said Richard Oliver
Smith and Mary his wife Robert Langley Appleyard Edmund Broderip
the younger Thomas Strangways Homer and William Melliar Melliar
respectively and further do and perform all and every act matter or thing in
the like Cases accustomed or which shall be nece∫sary for the making these
presents valid and effectual in the Law according to the true intent and
meaning hereof In witne∫s whereof thesaid parties to these presents have
hereunto set their hands and Seals the day and year first above written
R O Smith (L S) Mary Smith (L S) Robt. L Appleyard (L S)
Edmund Broderip Jr. (L S) T S Homer (L S)
Signed sealed and Delivered by the above named Robert Langley Appleyard
being first duly stamped / in the presence of
Geo J Nicholson }
Saml Boydell } New Square Lincoln Inn
Signed sealed and Delivered by the within named Richard Oliver Smith Mary his
Wife and Edmund Broderip Junior and Thomas Strangways Homer in the presence of
Elizabeth Broderip of Wells Spinster 
J L Lovell Solicitor Wells 

The above is the Indenture of Appointment referred to by Joseph Lovell
Lovell in and by his Affidavit hereunto annexed
Stephen Davies Mayor of the City of Wells

George James Nicholson of Lincoln Inn in the County of Middlesex
Gentleman Maketh Oath and saith that the was present with Samuel Boydell
of Lincoln Inn aforesaid Gentleman and did see Robert Langley Appleyard of
Lincoln Inn aforesaid Gentleman duly sign and seal and as his Act and deed
deliver the Indenture of Release and Settlement hereunto annexed and also
the Indenture indorsed on the second Skin of thesaid Indenture of Release
and Settlement being an appointment of a new Trustee in the room of the
said Robert Langley Appleyard who had declined to act / and the Indenture
or Lease for a year indorsed on the Indenture or Lease for a year hereunto also
annexed And this Deponent saith that the name “Robt L Appleyard” set and
subscribed to the said Indenture of Release and Settlement and thesaid
endorsed Indentures respectively are of the proper hand writing of thesaid
Robert Langley Appleyard And this Deponent saith that the names
“Geo

(371)

“Geo Nicholson” “Saml Boydell” endorsed on thesaid Indenture of Release
and Settlement and written at the foot of the said Indorsed Indentures and
testified to the execution thereof respectively by thesaid Robert Langley Apple
yard are of the respective proper hand writing of this Deponent and thesaid
Samuel Boydell
Geo J Nicholson
Sworn at the Mansion House in the City of London this Eleventh day of
December 1819 before me
Geo Bridges Mayor

To all to whom these presents shall Come I George Bridges Lord Mayor
of the City of London In pursuance of an Act of Parliament made and passed
in the fifth year of the Reign of his late Majesty King George the Second
Intitled An Act for the more easy recovery of debts in his Majesty’s
plantations and Colonies in America Do hereby certify that in the day of
the date hereof personally came and appeared before me George James
Nicholson the Deponent named in the Affidavit hereunto annexed being
person well known and worthy of good Credit and by solemn Oath which the
said Deponent 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
Affidavit

(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 Indenture of Release and 
Settlement and the Indenture indorsed thereon and Leans for a 
year mentioned and referred to in and by thesaid Affidavit to be 
hereunto also annexed Dated in London on the eleventh day of 
December in the year of Our Lord One thousand and eight hundred and 
Nineteen
Windale
Joseph Lovell Lovell of the Liberty of Saint Andrew Wells in
the County of Somerset in the Kingdom of Great Britain Gentleman
maketh Oath and saith that he was present with Elizabeth Broderip of Wells
aforesaid Spinster and did see Edmund Broderip the younger of Wells aforesaid
Gentleman and Thomas Strangways Homer of Well Park in thesaid Count
of Somerset Esquire severally sign seal and as their respective Act and deed
deliver the Indenture of Bargain and Sale or Lease for a year hereunto
annexed and expressed to bear date the ninth day of December in the year of
Our Lord One thousand eight hundred and nineteen and that he this
Deponent was also present with thesaid Elizabeth Broderip and did see
Richard Oliver Smith then of Wells aforesaid Esquire and Mary his Wife the

{ This is the Affidavit and Certificate }
{ referred to in and by my _____ }
{ hereunto annexed Edw? Mirose? }
said

(372)

Said Edmund Broderip the younger and Thomas Strangways Homer severally
sign seal and as their respective Act and deed deliver the Indenture of Bargain and
Sale hereunto annexed ========== bearing date the tenth day of thesaid month of
December One thousand eight hundred and nineteen being an appointment of a new
Trustee in the room of Robert Langley Appleyard of London in the County of Middle
sex Gentleman who had declined to act as a Trustee under the Indenture of Release
and Settlement whereon the said Indenture of Appointment is indorsed and that
the several names “Edmund Broderip Jr. and “T S Horner” set and subscribed to the
said annexed Indenture of Bargain and Sale or Lease for a year and the several
names R O Smith Mary Smith Edmund Broderip Jr and I S Homer severally
set and subscribed to thesaid annexed Indenture of Appointment are of the
several proper hands writing of thesaid Edmund Broderip Junior Thomas
Strangways Homer Richard Oliver Smith and Mary Smith the Wife of thesaid
Richard Oliver Smith And this Deponent further saith that the names
“Elizabeth Broderip and J L Lovell” set and subscribed to the said several Indentures
of Bargain and Sale or Lease for a year and Appointment respectively as
Witne∫ses attesting the Execution thereof respectively by thesaid Edmund
Broderip Junior Thomas Strangways Homer Richard Oliver Smith ^and Mary his Wife are of the several
proper hand writing of thesaid Elizabeth Broderip and this Deponent
J L Lovell

I Stephen Davies Mayor of the City or Borough of Wells in the County
of Somerset in the Kingdom of Great Britain Do hereby certify that this
day personally appeared before me Joseph Lovell Lovell of the Liberty of Saint
Andrew in Wells in thesaid County of Somerset Gentleman the Deponent mentioned?
in the aforegoing Affidavit being a person well known and worth of good Credit
and by solemn Oath which thesaid Deponent then took before me upon the
Holy Evangelists of Almighty did solemnly and sincerely declare testify
declare and depose to be true the several matters and things mentioned and
contained in thesaid Affidavit
In Faith and Testimony whereof I the said Mayor 
have Caused the Seal of the Office of Mayoralty of the 
said City or Borough of Wells to be hereunto put and 
affixed and the Indenture of Bargain and Sale or 
Lease for a year and appointment mentioned and 
referred to in and by thesaid Affidavit to be hereunto 
annexed Dated in Wells aforesaid the eleventh day of 
November in the year of Our Lord One thousand eight 
hundred and twenty.

(L S)
Stephen Davies
Mayor of the City
of Wells
11 November 1820

I Edward Tuson Notary Public residing in the City or
Borough of Wells in the County of Somerset in the Kingdom of Great Britain
Do 

(373)

Do hereby Certify that I was present and saw Joseph Lovell Lovell of the
Liberty of Saint Andrew in Wells aforesaid Gentleman subscribe and duly
make oath to the Affidavit hereunto affixed and that I also saw Stephen
Davies Mayor of the City or Borough of Wells aforesaid sign the Certificate
appearing underneath thesaid Affidavit and affix the Seal thereto which
said Seal is the Seal of the Corporation of the City or Borough of Wells aforesaid
In Witne∫s whereof I have hereby set my Hand and Notarial Seal the
eleventh day of November in the year of Our Lord One thousand eight hundred
and twenty.
Edw Tuson (L S)
11 Nov 1820
Noty Pub.

On to the next Indenture initially dated 10 December 1819.

Enjoy,

Jim

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