Part 460s – Smith Robertson Genealogy – Indenture Research – 1820 – Richard Oliver, Mary (née Broderip) & William Smith - Affidavit

18 February 2011

Good Morning,

This next Indenture in my Transcription Project appears to be a continuation of the contracts and legal wrangling that has been created regarding the debts of Richard Oliver Smith and his new wife, Mary (née Broderip) Smith. There does not seem to be any blatant connection apparent to ggg-grandfather James Smith. There is no indication of his ancestry nor any thread of his origin.

This Document, from the Grenada Registers of Records is an Affidavit. I have downloaded images of the five pages 373 through and including 377 from Item 7 of the microfilm FHL [1563379].


Here is my transcription. Please note that there are a number of words that have been crossed out in this work, as well as inserted texts and notes. Trying to reproduce them in my transcription has been somewhat challenging.

(373)
Examnd

Entered 9 January 1821
This Indenture made the tenth day of December in the
Sixtieth 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 William Melliar of Wells in the County of Somerset
Gentleman of the One part and Thomas Strangways Homer of Wells Park
in the County of Somerset Esquire and Edmund Broderip the younger of
Wells aforesaid Gentleman of the other part Whereas by Indenture
quinque partite bearing _____ date with these presents and made or expre∫sed
to be made Between Richard Oliver Smith and Mary his Wife late
Mary Broderip Spinster therein described of the first part Robert Langley
Appleyard therein also described of the second part the said Edmund
Broderip the younger of the third part thesaid Thomas Strangways
Homer of the fourth part and thesaid William Melliar of the fifth part
indorsed on certain Indentures of Release and Settlement bearing date the
thirteenth day of August last part and made or expressed to be made between
Edmund Broderip of Wells in the County of Somerset Gentleman of the first
part thesaid Richard Oliver Smith of the second part thesaid Mary by her
then name and description of Mary Broderip of Wells aforesaid Spinster one
of the daughters of the said Edmund Broderip of the third part and thesaid
Robert Langley Appleyard and Edmund Broderip the younger of the fourth
part being the settlement made in prospect and Consideration of a
Marriage then intended to be and since had and solemnized between the
said Richard Oliver Smith and Mary Broderip and which said Settlement
is also hereunto annexed after reciting that since the date and execution of the
said Deed of Settlement thesaid Robert Langley Appleyard had declined to
Act as a trustee in and under the said deed of Settlement and was desirous
of being discharge from the trust thereof and therefore thesaid Richard
Oliver Smith and Mary his Wife had resolved by appoint thesaid Thomas
Strangways Homer a Trustee in the stead or place of thesaid Robert Langley
Appleyard

(374)

Appleyard in manner hereinafter mentioned and that thesaid Robert Langley
Appleyard had consented and agreed to convey assign and transfer the trust Estates
and premises in the said settlement mentioned unto thesaid Thomas Strangways
Horner and Edmund Broderip the younger are unto thesaid William Melliar
in manner therein also ^after mentioned It is Witne∫sed that they thesaid 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 thesaid Indenture of Settlement
and by force and virtue thereof Did nominate and appoint thesaid Thomas
Strangways Homer to be a Trustee in the pace or stead of thesaid Robert
Langley Appleyard in respect of the plantations Estates lands hereditaments
and other property in thesaid settlement mentioned released assigned and
Conveyed or intended so to be And it is thereby further Witne∫sed that for
the Consideration therein mentioned They thesaid ^Robert Langley Appleyard and
Edmund Broderip the younger amongst other things did at the request and by
the direction of thesaid Richard Oliver Smith and Mary his Wife testified as is
therein mentioned and in pursuance and exercise and performance of the
power and Authority therein mentioned Did and each of them Did
grant bargain sell assign and set over unto the said William Melliar his
executors administrators and assigns all and singular the live and dead
stock and other the premises which was out of the nature or tenure of freehold
which has been assigned to them thesaid Robert Langley Appleyard and
Edmund Broderip the younger in and by thesaid Indenture of Settle-
ment and every part and parcel thereof and all the Estate right title
interest property Claim and demand whatsoever of them thesaid Robert
Langley Appleyard and Edmund Broderip the younger of in to or out
of the same and every part thereof To hold the same and every part thereof unto
thesaid William Melliar his Executors administrators and assigns from
thenceforth for all the Estate Right title and interest whatsoever of them
thesaid Robert Langley Appleyard and Edmund Broderip the younger of
into and out of the same but upon trust neverthele∫s and to the intent that
thesaid William Melliar his Executors and administrators did and should
forthwith and immediately after the sealing and delivery thereof by _____
Indenture bearing or intended to bear _____ date with thesaid Indenture
now in recital assign all and singular thesaid live and dead stock and other
the Chattel property and premises thereinbefore assigned or mentioned or
intended so to be and all the Estate right title trust and interest of him the
said William Melliar therein and thereto unto thesaid Thomas Strangways
Homer and Edmund Broderip the younger their Executors administra
tors and assigns so and in such manner that the same might be well and
effectually vested? them upon and for such and the same provisoe provisoes
declarations and agreements as are mentioned expressed and declared of and
concerning the same premises in and by thesaid Indenture of Settlement
or such ans do many of them as were then subsisting and Capable of taking
Effect 

(375)

Effect demand by thesaid Indenture now in recital on reference thereto
being had well more fully and at large appear Now this Indenture
Witne∫seth that in pursuance and performance and execution of the
said trust and for and in Consideration of the sum of ten shillings of good
and lawful money current in Great Britain to him the said William
Melliar in hand now paid by thesaid Thomas Strangways Homer and
Edmund Broderip the young the receipt whereof is hereby acknowledge He thesaid William Melliar Hath
bargained sold assigned transferred and _____ _____ by these present _____ _____ bargain sell assign transfer _____ ______ _____ and Thomas
Strangways Homer and Edmund Broderip the younger their executors & administrators and
assigns All that and singular the live and dead stock Chattel
property and other the premises which were so assigned to thesaid
William Melliar or expre∫sed or intended so to be as aforesaid and every
part and parcel thereof and all the Estate right title interest property
Claim and demand whatsoever at Law and in Equity of him thesaid William
Melliar of into and out of the same and every part and parcel thereof
To have and To hold all and singular thesaid live and dead stock Chattel
property and other the premises aforesaid hereby assigned or expre∫sed or
intended so to be and every part thereof unto thesaid Thomas Strangways
homer and Edmund Broderip the younger their executors adminis
trators and assigns from henceforth for all the Estate right title and
interest whatsoever of him thesaid William Melliar of in to and out
of the same neverthele∫s for and upon such and the same trusts
powers provisoes declarations and agreements as are mentioned
expre∫sed and declared of and Concerning the same premises in and by
thesaid Indenture of Settlement or such and or so many of them as
are subsisting and capable of taking Effect and to for and upon or
other use trust or purpose whatsoever And Lastly to the intent that
these presents may be duly recorded acknowledged and registered according
to the Laws of Grenada in thesaid annexed Indenture of Settlement
mentioned thesaid William Melliar Thomas Strangways Homer and
Edmund Broderip the younger do and each and every of them Doth
nominate Constitute and appoint and in their and each and every of
their place and stead put William Mitchell and George Gun Munroe
both of thesaid Island of Grenada Esquires jointly and severally to be
their and each and every of their true and lawful Attorney and
Attornies 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 or his or their respective lawful Deputy or Deputies
or any other Officer of thesaid Island and ^then and there to acknowledge these
presents to be respectively the Act and deeds of them thesaid William
Melliar Thomas Strangways Homer and Edmund Broderip the
and the names? and Seals hereto authorized fixed? to be the hand writing and seals of them thesaid*
younger respectively and further to do and perform all and every Act
matter or thing in the like Cases accustomed or which shall be nec
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 the
*William Melliar Thomas Strangways Homer and Edmund Broderip the younger
said

(376)

Said parties to these presents hereunto set their Hands and Seals the
day and year first above written
Wm Melliar (LS) Edmund (LS) Broderip Jr. T S Homer (LS)
Signed sealed and Delivered by the within named William Melliar and Edmund
Broderip in the presence of
Geo Dando of Wells _____
J L Lovell Sol Wells
Signed sealed and Delivered by the within named Thomas Strangways Homer
in the presence of
Elizabeth Broderip of Wells Spinster J L Lovell
This is the Indenture or Deed of A∫signment
referred to by Joseph Lovell Lovell in and by his Affidavit hereunto annexed
Stephen Davies

Joseph Lovell Lovell of the Liberty of Saint Andrew in Wells in
the County of Somerset in the Kingdom of Great Britain Gentleman maketh
Oath and saith that he this Deponent and George Dando of Wells aforesaid _____
were present and did see William Melliar and Edmund Broderip the younger
both of Wells aforesaid Gentlemen sign their names and in due form of Law
seal and deliver as and for their respective Acts and deeds a certain Indenture
or assignment bearing date the tenth day of December One thousand eight
hundred and Nineteen hereunto annexed and made between thesaid William
Melliar of the One part and Thomas Strangways Homer of Wells Park in
thesaid Count of Somerset Esquire and the said Edmund Broderip the younger
of Wells aforesaid Gentleman of the other part and that he this Deponent and
Elizabeth Broderip of Wells aforesaid Spinster were present and did see thesaid
Thomas Strangways Homer sign his name and in due form of Law seal and
deliver as and for his Act and deed the said Indenture or A∫signment and
that the names “Wm Melliar” “Edmund Broderip Jr and T S Homer”
severally set and subscribed to the same Indentures as the persons executing
the same are of the several proper handwriting of thesaid William Melliar
Edmund Broderip the younger and Thomas Strangways Homer And this
Deponent further saith that the names Geo Dando and J L Lovell” set and
subscribed to the same Indenture or assignment as Witne∫ses to the executions
thereof by thesaid William Melliar ^and Edmund Broderip the younger and that
the names “Elizabeth Broderip and J L Lovell” set and subscribed to the same
Indenture or assignment as Witne∫ses to the execution thereof by thesaid
Thomas Strangways Homer are of the several proper hand writing of thesaid
George Dando 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

This is the Affidavit and Certificate referred to by my
Certificate hereunto annexed
Edw Tuson
Noty Pub

(377)

This day personally appeared before me Joseph Lovell Lovell of the
Liberty of Saint Andre in Wells in thesaid County of Somerset Gentleman
the present named in the aforegoing Affidavit being a Person well known
and worthy of good Credit and by solemn Oath which thesaid Deponent
took before me upon the Holy Evangelists of Almighty God did solemnly
and sincerely testify declare and depose to be true the several matters and
things mentioned and Contained in thesaid Affidavit
(LS)
In Faith and Testimony whereof I thesaid Mayor 
here 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 or assignment mentioned 
and referred to in and by the said affidavit to be thereunto 
annexed Dated in Wells aforesaid the fourth day of 
December in the year of Our Lord One thousand eight 
hundred and twenty 
Stephen Davies Mayor of Wells 4th December 1820

I Edward Tuson Notary Publick residing in the City
or Borough of Wells in the County of Somerset in the Kingdom of Great
Britain 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 annexed 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 hereunto
set my Hand and Notarial Seal the Fourth day of December in the
year of Our Lord One thousand eight hundred and twenty

Edw Tuson 
4 Dec 1820 (LS)
Noty Pub

I would welcome any questions, comments, suggestions, or ideas to enhance my research and A Genealogy Hunt. Please feel free to comment directly to any Posting or email me directly.

On to the next Indenture on Page 377. The search continues,

Enjoy,

Jim

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