Part 468s – Smith Robertson Genealogy – Indenture Research – 1822 – Richard Oliver Smith – 1 of 6

12 March 2011

Good Evening,

Following up with my announcement in Part 467s, and my search and research of the genealogy of ggg-grandfather James Smith here is the 1st installment of six parts of the 1822 Richard Oliver Smith Indenture.

It is specific to the ownership of Revolution Hall Estate and the adjoining lands.

The images of Pages 181 through and including 185 are downloaded from the microfilm FHL [1563379].


My transcription -
(181)
Examd

Entered 9th May 1822
A
This Indenture made the twenty third day of February in the third
year of the Reign of King George the fourth 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 twenty two Between Richard Oliver Smith of
Coſsington in the County of Somerset Esquire of the first part Edmund Broderip
the Elder of Wells in the County of Somerset Gentleman of the second part Mary Smith
the Wife of the said Richard Oliver Smith of the third part Edmund Broderip
the Younger of Wells aforesaid Gentleman and Thomas Strangways Homer of Wells
Park in the ^said County of Somerset Esquire of the fourth part and James Evan Baillie
Hugh Duncan Baillie and George Henry Ames of the City of Bristol
Merchants and Partners trading under the style or form of “Evan Baillie Sons & Co”
of the fifth part Whereas William Smith late of Revolution Hall in the Parish of Saint
John in the Island of Grenada in the West Indies Esquire duly made and published his
last Will and Testament in writing bearing date on or about the fifteenth day of July
One thousand eight seven hundred and ninety three and thereby (amongst other things) devised to
Sarah Dean then living with him a clear Annuity of One hundred and fifty pounds Sterling
during her natural life to be paid half yearly and to each of his two female Children he
bequeathed a Sum of Two thousand pounds sterling subject to the Conditions and Contingencies
therein after expreſsed concerning the same the said Children being called by the names following
(to wit) Mary Smith (then the Wife of William Lewis Esquire) then in England and Grace Smith
then in Grenada (now Wife of Edward Wize? Esquire) both daughter of the said Sarah Dean
And after bequeathing various other pecuniary legacies to the several Persons therein named
(and allofwhich have been duly paid and Satisfied) the said Testator declared that it was his
Will that his Grenada Estate should be charged with and the revenue applied to discharge
his debts incumbrances and annuities and in order to prevent all disputes between the Proprietor
of his Revolution Hall Estate and his Share of the Diamond Estate touching the proportion in
which they were to Contribute to the payment and to the raising of the portions thereby given the
said testator directed that his said Estate should stand charged therewith and the Owner thereof
be bound to Contribute thereto in the following proportions (that is to say) The Revolution Hall

Estate


(182)

Estate should bar? two third parts thereof and his Share of Diamond Estate the other
third part thereof And the said Testator did thereby also give and devise to the said Richard
Oliver Smith (then an Infant) and the Heirs of his Body lawfully begotten All that his
Plantation called Revolution Hall together with Land bought by him from Miſs Herbert
and the Coffee Plantation bought from Madame Bertrand as the same were there in his own
occupation with all and singular the Buildings thereon and the Slaves Stock Hereditaments
and Plantation Utensils Stores and Appurtenances of all sorts thereunto belonging
And Whereas the said testator departed this life on or about the Sixteenth day of July
One thousand seven hundred and ninety three without having altered or revoked his said Will
which was afterwards proved by the Executor therein named in the Prerogative Court of the
Archbishop of Canterbury and was also duly recorded in the aforesaid Island of Grenada And
Whereas by Indentures of Lease and Release bearing date respectively on or about the
twentieth and twenty first days of June One thousand eight hundred and ten executed in
England and duly acknowledged by the said Richard Oliver Smith and Harriett his then Wife
and afterwards duly recored in the Register's Office of the said Island of Grenada and the
Release being made or expreſsed to be made between the said Richard Oliver Smith and Harriet
his Wife of the first part the said Sarah Dean William Lewis Mary his Wife and Grace Smith of
the Second part George Paraſsey? Esquire of the third part and Richard Oliver Esquire of the
fourth part It is witneſsed that for docking barring and extinguishing all estates _____ and
remainders and reversions thereupon expectant or depending of and in the Plantation Negroes Slaves
and other Hereditaments thereinafter mentioned and expreſsed to be hereby granted and released
and for gun vein and _____ the inheritance thereof in fee simple discharged of all dower and
thirds and all other Claims of thesaid Harriet the Wife of the said Richard Oliver Smith
unto and to the use of the said Richard Oliver his Heirs and Aſsigns and also for _____
unto thesaid Richard Oliver his executors administrators and Aſsigns payment of the Sum
of Nine thousand pounds Sterling with interest at the time and in manner therein after mentioned
in full satisfaction of all principal and interest monies due to him and Thomas Oliver (his father
then deceased) from or on account of thesaid plantations Negroes and other Hereditaments as
therein mentioned He the said Richard Oliver Smith and Harriett his Wife Did Grant
bargain sell release and Confirm unto thesaid Richard Oliver and to his Heirs executors
administrators and Aſsigns All that Plantation or Estate called Revolution Hall Estate situate
lying and being in the Parish of Saint John in the Island of Grenada then late afor belonging
to thesaid William Smith deceased ^And also all that Piece or parcel of Land bought by thesaid William Smith of Miſs Herbert And also all that ^ Coffee Plantation and Hereditaments ========== ===== bought by thesaid
William Smith of Madam Bertrand situate lying and being in the Parish of Saint John
in the said Island of Grenada and also all meſsuages lands Outhouses boiling houses edifices and
buildings standing and being upon the said Plantations and Hereditaments respectively And also all
and singular the Negroes and other Slaves mentioned in the second Schedule thereunder written upon
or belonging to or which should thereafter during the Continuance of the security intended to be thereby
made be upon or belonging to thesaid Plantation and Hereditaments respectively and the Iſsue Offspring
and increase of such Negroes and Slaves and all Mules Cattle and live Stock then being upon or belonging
to or which should thereafter during the Continuance of the Security thereby made be upon or
belonging to the said Plantations and Hereditaments respectively And also all Mills and Stills

Coppers

(183)

Coppers and Plantation Implements and Utensils and dead Stock then upon or belonging to the
or which should thereafter during the Continuance of the Security thereby made by purch and for or be
upon or belonging to the said Plantations and Hereditaments or any part thereof And also all
Gardens Orchards Lands Meadows pastures feedings and appurtenances to the said Plantations belonging
or in any wise appertaining or therewith occupied or enjoyed To hold unto and in the use of
Richard Oliver his heirs executors administrators and aſsigns respectively for ever according to the
nature and quality of the same Premises subject nevertheleſs to a proviso or agreement in the said
Indenture of Release Contained for redemption of the Same premises on payment by the said Richard
Oliver Smith his Heirs Executors Administrators or Aſsigns unto thesaid Richard Oliver his
executors administrators or aſsigns of the Sum of Nine thousand Pounds on or before the twenty fourth
day of March One thousand eight hundred and seven with interest at the rate of Five pounds per
Centum per Annum and also all such Sum and Sums of Money as the said Richard Oliver his
executors administrators or Aſsigns should thereafter pay or advance for purchasing or providing
Negroes Cattle or Slaves for working and improving the said Plantations and Estates or for repairing
or making good any damage that might be done thereto together with interest for the Same
respectively after the rate aforesaid And the said Richard Oliver Smith did thereby Covenant
with the said Richard Oliver his executors administrators and Aſsigns he the thesaid Richard
Oliver Smith his Heirs Executors Administrators and Aſsigns should at all times _____
the continuance of the Security thereby intended to be _____ do ship and Consign all the Sugars and
other produce to arise and be made from or upon the said Plantations Hereditaments and
Premises except so much of the Rum as should be neceſsary to receive and pay the Taxes
Duties and incidental Charges payable in the said Island of Grenada in respect of the Same
Premises respectively unto such person or persons as the said Richard Oliver his executors
administrators or aſsigns should direct as Factor or Factors to be sold and and disposed of
To the intent that such person or persons should out of the net monies to arise from such Sale
and Sales in the first place from time to time pay such part of the incidental Charge which should
be incurred in the said Island of Grenada in respect of the same Plantations and Hereditaments
as the Sum or Sums of Money to be produced from the Sale of Rum should be insufficient to satisfy
And also to retain to and dream verse himself or themselves all such Sum or Sums of Money
which should become due to him or them for Commiſsion Insurance freight duties and incidental
Charges or expenses occasioned or account of the Premises And thereout also Yearly during
the Continuance of the Security thereby made pay unto the said Richard Oliver Smith if he
should so long live... An Annuity of Four hundred pounds as therein mentioned and in case of his Death
pay to the Executors or Administrators of thesaid Richard Oliver Smith an Annuity of Three
hundred pounds as therein mentioned Sum of Nine thousand Pounds and such other Sum and Sums of
Money As Might Be Advanced by the Said Richard Oliver His Executors Administrators and Aſsigns
for any of the purposes aforesaid or so much of such Interest as such Net Monies would be sufficient
to pay And after such payments and deductions as aforesaid pay unto the said Sarah Dean an
Annuity of Eighty pounds Sterling and unto the said William Lewis and Mary his Wife or the
Survivor of them or the executors or administrators of such Survivor An Annuity of Sixty pounds
Sterling and unto Grace Smith her Executors or Administrators a like Annuity of Sixty pounds
Sterling

(184)

Sterling such Annuities to be paid as therein are accrued And in_____ Supplies not Monies
should not in any year extend to pay the whole of three last mentioned Annuities then the same
should be paid equally pare pa∫su? And after the _____ payment aforesaid pay over the
surplus monies unto the said Richard Oliver his executors and administrators or a∫signs in reduction
of the said principal Sum of Four thousand pounds and _____ _____ Sum or Sums of Money as
aforesaid until the whole of the said principal Monies should be paid off and discharged
And it was thereby agreed between thesaid parties thereto and particularly the said Sarah Dean
William Lewis Mary his Wife and Grace Smith did thereby Consent that the said Plantations
and Premises should thenceforth remain and be exclusively charged with the payment of the said
Annuity of One hundred and fifty pounds to the said Sarah Dean and of the said to Sums
of Two thousand pounds and Two thousand pounds and the interest thereof respectively But
neverthele∫s that the Annuities to the said Sarah Dean William Lewis and Mary his Wife and Grace
Smith respectively as aforesaid or as much thereof respectively as the aforesaid annual produce would
extend to pay should be accepted and taken in full satisfaction of the said One hundred and fifty
pounds and the Arrears thereof and the interest of the said Sums of Two thousand and Pounds and
Two thousand pounds which thenceforth should become due and payable And Whereas
by another Indenture also bearing date on or about the Said twenty first day of June One thousand
eight hundred and ten and made or expre∫sed to be made between the said Sarah Dean of the first part
the said William Lewis and Mary his Wife of the second part the said Grace Smith of the third part
and the said Richard Oliver Smith of the fourth part After reciting thesaid Will of the said William
Smith as to the said Devise on Bequest of the said Annuity of One hundred and fifty Pounds to the
thesaid Sarah Deane and the said two Legacies of Two thousand pounds each to the said Mary the Wife
of the said William Lewis and Grace Smith And after reciting the last hereinbefore recited
Indenture of Release and Mortgage so far as the Same related to or concerned the said Annuity
and the said two several Sums of Two thousand pounds and Two thousand pounds and the
interest of such Sums respectively And further reciting that notwithstanding it was therein
expre∫sed that after payment of the principal and interest monies intended to be thereby Secured to the
said Richard Oliver should be fully satisfied then the said Sarah Dean should be intitled to receive
the whole of the said Annuity of One Hundred and fifty Pounds and the said William Lewis and Mary
his Wife and Grace Smith should respectively be entitled to receive the whole of the said principal Sum of Two
thousand pounds and Two thousand pounds It was proposed by the said Richard Oliver Smith and
accorded so by the said Sarah Dean William Lewis and Mary his Wife and Grace Smith that thesaid Richard
Oliver Smith should enter into such Covenants as therein mentioned for payment (after all principal and
interest monies secured to thesaid Richard Oliver as aforesaid should be fully paid and Satisfied) of
an Annuity of One hundred pounds per Annum to the said Sarah Dean during the remainder of her life
And for payment ^ to the said William Lewis and Mary his Wife of the Sum of One thousand two hundred pounds
and to the said Grace Smith of the like Sum of One thousand two hundred pounds within four years next
after all principal and interest Monies so secured to the said Richard Oliver as aforesaid should be fully
paid and satisfied with interest for thesaid Sums of One thousand two hundred pounds and One thousand
two hundred pounds in lieu and full satisfaction of the said Annuity and the aforesaid Legacies of
Two thousand pounds and Two thousand pounds respectively He the said Richard Oliver Smith
did thereby Covenant and agree that in case the said Sarah Deane should be living when the
whole

(185)

Whole of the said principal and interest so secured to the said Richard Oliver Smith his Heirs
his Executors Administrators and A∫signs should be fully paid and satisfied that the said Richard
Oliver Smith his Heirs Executors Administrators and A∫signs should and would pay unto the said
Sarah Dean and her A∫signs during the then remainder or her natural life One Annuity or yearly
Sum of One hundred pounds clear of all Taxes and Deductions by yearly payments as therein
mentioned and the said Sarah Dean did thereby Consent and agree to take the said yearly Sum of
Eighty pounds provided for her by the said recited Indenture of Release or Mortgage and after the
time therein mentioned the said Annuity of One hundred pounds thereby covenanted to be paid to
here as aforesaid… in in lieu and full satisfaction of the said Annuity of One hundred and fifty pounds
so given to her by the said recited Will and all arrears thereof And the said Sarah Dean did
thereby release exonerate and discharge the said Richard Oliver Smith his Heirs Executors
Administrators and a∫signs and the said Revolution Hall Estate of and from the payment of the
annual Sum of Fifty Pounds part of the said Annuity of One Hundred and fifty pounds and
all arrears of the whole of the said Annuity then there in respect thereof And the said Richard
Oliver Smith did also thereby for himself his Heirs Executors and Administrators covenant and
agree with the said William Lewis and Mary his Wife and with the said Grace Smith
respectively That he the said Richard Oliver Smith his heirs executors administrators or a∫signs should
and would within four years next after all principal and interest money be demised to the said Richard
Oliver his executors administrators and a∫signs as aforesaid should be fully paid and satisfied to him or
them well and truly pay or cause to be paid to the said William Lewis and Mary his Wife or the
Survivor of them or the Executors or Administrators of such Survivor the Sum of One thousand two
hundred Pounds And also well and truly pay or cause to be paid to the said Grace Smith the
like Sum of One thousand two hundred pounds with interest for the said Sums respectively in manner
therein mentioned And the said William Lewis and Mary his Wife and also the said Grace Smith
did thereby respectively consent and agree to accept and take the same several Sums so covenanted
to be paid to them respectively as aforesaid in lieu and full satisfaction of the said two several Legacies
or Sums of Two thousand pounds each so bequeathed to them as aforesaid and did thereby respectively
release exonerate and discharge the said Richard Oliver Smith his ^heirs executors administrators and
A∫signs and the said Revolution Hall Estates of and from the payment of the two several Sums
of Eight hundred pounds and Eight hundred pounds Sterling part of the said two several
legacies or Sums of Two thousand pounds and two thousand pounds and the interest thenceforth
to become due in respect of the said two several Sums of Eight hundred pounds and Eight hundred
pounds To the intent that the said Revolution Hall Estate and the said Richard Oliver Smith his
heirs executors administrators and a∫signs in respect thereof should from thenceforth remain and
Continue subject to and Charged and Chargeable with the payment of the two several Sums of
One thousand two hundred pounds and One thousand two hundred pounds only being the remaining
parts of the said two Legacies or Sums of Two thousand pounds and two thousand pounds and to and
with the said two yearly Sums of Sixty pounds and Sixty pounds as agreed to be paid in in lieu of
Interest as aforesaid And Whereas by Indentures of Lease and Release and A∫signment bearing
date respectively on or about the fourth and fifth days of July One thousand eight hundred and
Seventeen and made or expre∫sed to be made between the said Richard Oliver Smith of the one
part and William Manning Frederick Manning and John Lavicount Anderdon of the other
part

Next on the list 2 of 6... Stay-tuned.

Enjoy,

Jim

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