Part 470s – Smith Robertson Genealogy – Indenture Research – 1822 – Richard Oliver Smith – 3 of 6

13 March 2011

Good Afternoon,

And again, following up with my announcement in Part 467s, and my search and research of the genealogy of ggg-grandfather James Smith here is the 3rd 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 192 through and including 197 are downloaded from the microfilm FHL [1563379].


My transcription continues from Page 191 presented in Part 469s.


(192)

In manner hereinafter mentioned and contained And Whereas in pursuance of the
said recited Agreement the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
have a state paid to the said William Manning Frederick Manning and John Lavicount Anderdon
the aforesaid principal Sum of One Thousand seven hundred pounds so secured and remaining
due to them as aforesaid and accordingly in consideration thereof by Indentures of Lease and
Release and A∫signment endorsed upon the hereinbefore recited Indenture of the fifth day of
July One thousand eight hundred and seventeen and bearing date respectively the day next
before And even date with these presents and made or expre∫sed to be made between the said
William Manning Frederick Manning and John Lavicount Anderdon of the first part the
within named Richard Oliver Smith of the second part and the said James Evan Baillie Hugh
Duncan Baillie and George Henry Ames of the third part They the said William Manning
Frederick Manning and John Lavicount Anderdon have at the request and by the direction of
thesaid Richard Oliver Smith a∫signed and the said Richard Oliver Smith hath ratified and
Confirmed unto the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
their executors administrators and a∫signs All the same Mortgage Debt or Sum of One thousand
seven hundred pounds and the Interest thereof henceforth to grow due and all personal Securities
for the same And have also at the like request and direction of the said Richard Oliver Smith
bargained sold released and a∫signed and them the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames their heirs executors administrators and a∫signs respectively All
and singular the after said Plantation or Estate called Revolution Hall Estate and also the after said
piece of Land bought by thesaid William Smith from Mi∫s Herbert and the said Coffee Plantation
bought by the said William Smith of Madam Bertrand And also all and singular the Negroes
and other Slaves Horses Mules Cattle and live Stock Mills Stills Coppers and Plantation
Implements whatsoever to thesaid Plantations or Estates and Hereditaments belonging and which by
the said Indenture of the fifth day of July One thousand eight hundred and seventeen were
conveyed or assigned and a∫sured unto and to the use of the said William Manning Frederick Manning
and John Lavicount Anderdon as after said and ^ or such and so many of the said Negro and other
Slaves as were then living and so much and such part of the said Cattle stock Implements and other
premises as were then in existence and also all and every the Negro and other Slaves whatsoever which
were the i∫sue progeny or increase of any of the said Negro and other Slaves so comprised in the said last
mentioned Indenture or intended so to be and all increase of and in addition to the said Cattle Stock
Implements and other premises and all other if any the Plantations or Estate Lands Negro and other Slaves
so compromise in the said last mentioned Indenture Cattle Stock Implements Utensils Hereditaments
and Premises real and personal estate whatsoever comprised in the same Indenture of the fifth day of July
One thousand eight hundred and seventeen for then vested in the said William Manning Frederick Manning
and John Lavicount Anderdon or any of them respectively ===== ^ under or by virtue of the same with the
appurtenances to the same Plantations Hereditaments Premises ^ belonging To hold the same unto and to the
use of the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames their heirs executors
administrators and a∫signs respectively according to the several legal tenures and qualities thereof but
subject neverthele∫s to such right or equity of redemption as was or might be subsisting in the same and as and by
virtue of the said indenture of the fifth day of July One thousand eight hundred and seventeen on payment
of thesaid Sum of One thousand seven hundred pounds and interest And Whereas in further

pursuance


(193)

Pursuance of the same Agreement on the part of the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames they have also at or before the execution of these
presence at the request of the said Richard Oliver Smith paid or advanced to him or on his account further
sums of Money as he thesaid Richard Oliver Smith doth hereby _____ and acknowledge And
Whereas the said Sarah Dean the _____ is still living and know part of the aforesaid reduced Legacies
or Sums of One thousand two hundred pounds and one thousand two hundred pounds hath hither being
paid to the said William Lewis and Mary his Wife and Edward Vyze and Grace his Wife or either of them
but all Interest in respect of the same Sums hath been duly paid up to the twenty first day of December last
And Whereas on the treaty of the said loan by the said James Evan Baillie Hugh
Duncan Baillie and George Henry Ames if ever proposed and agreed (as an inducement to them
to make the same that the Security to them should take priority of as well be after said Trust contained
is thesaid Indenture of Release and Mortgage of the twenty first day of June One thousand eight
hundred and ten for payment during the continuance of the Security thereby made of Four hundred
pounds per Annum to the said Richard Oliver Smith if he should so long live And of Three hundred pounds
per Annum to his executors after his death as after said as also all of the and for payment to him of Nine
hundred pounds per Annum contained in thesaid Indenture of Release and Settlement of the thirtieth
day of August One thousand eight hundred and nineteen as hereinbefore mentioned And also that the
payment of the Interest upon thesaid Sum of Four space thousand one hundred and five pounds so remaining
due on thesaid Mortgage so originally made to thesaid Richard Oliver Smith settled by the said last
mentioned Indenture as after said as far as that's said Edmund Broderip and Richard Oliver Smith and
also the said Mary Smith (so far as she is competent to enter into such an arrangement) are intitled thereto
or interested therein and also the charge and payment of the same principal Sum of Five thousand one
hundred and five pounds so far as the said Edmund Broderip the Elder is or may be personally?
entitled to or interested in or hath power to lend or dispose of the same and also the after said Sum of
Seven thousand pounds so raiseable under the trusts of the said last mentioned Indenture of Settlement
so far as the said Richard Oliver Smith is or may be eventually intitled to or interested in or half
power to lend or dispose of the same should be postponed to thesaid Security to the said James Evan
Baillie Hugh Duncan Baillie and George Henry Ames as hereinafter mentioned and attained
in that behalf And it was by and with the privity and sent of thesaid Edmund Broderip
the Younger and Thomas Strangways Horner also proposed stipulated and agreed that for
the further Security of the said James Evan Baillie Hugh Duncan Baillie and George
Henry Ames their executors administrators and a∫signs and other the persons and person for the
time being entitled to the benefit of the present Security the Consignment of the said Plantations
and Premises should be made to them or their Appointed as hereinafter mentioned Now this
Indenture Witne∫seth that in pursuance of the said hereinbefore recited Agreements and
in Consideration of thesaid Mortgage debt or Loan of One thousand seven hundred pounds having being
repaid by the said by the said James Evan Baillie Hugh Duncan Baillie and George Henry
Ames to the said William Manning Frederick Manning and John Lavicount Anderdon at the
request and by the direction of the said Richard Oliver Smith and aforesaid And of the aforesaid further
Sums sold by them thesaid James Evan Baillie Hugh Duncan Baillie and George Henry Ames
paid to or on account of the said Richard Oliver Smith as herein before mentioned the payment and
receipts in manner aforesaid of which said Sum ^ of One thousand seven hundred pounds and such further
Sums

(194)

Sums the said Richard Oliver Smith doth hereby admit and acknowledge and for the purposes
of securing the Repayment of the said Sum of One thousand seven hundred pounds and of the
further Sums already paid as aforesaid and all such further and future advances and other Monies
as hereinafter mentioned and interest upon same as hereinafter also mentioned And also in consideration
of the Sum of ten Shillings of lawful British Money by thesaid James Evan Baillie Hugh Duncan
Baillie and George Henry Ames now paid to every of them the said Richard Oliver Smith Edmund
Broderip the Elder and Mary Smith the receipts where of as hereby acknowledged He the said
Richard Oliver Smith Hath granted bargained sold aliened released a∫signed and Confirmed and by
these presents Doth grant bargain sell alien release a∫sign and Confirm and the said Edmund Broderip
the Elder and Mary Smith Have and each of them Hath reminded released ratify and
confirmed and by these presents Do and each of them Doth remise release ratify and Confirm
unto the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames their heirs
executors administrators and a∫signs respectively All that the aforesaid Plantation or Estate called
Revolution Hall Estate situate lying and being in the Parish of St. John in the Island of
Grenada formerly belonging to thesaid William Smith deceased And also all that the aforesaid piece
or parcel of Land bought by thesaid William Smith of and from Mi∫s Herbert And also all and
that the aforesaid Coffee Plantation and Hereditaments bought by thesaid William Smith of and
from Madam Bertrand situate lying as or being in the said Parish of Saint John in the said
Island of Grenada all formally in the occupation of the said William Smith deceased and now
of the said Richard Oliver Smith Together with all and singular the Me∫suages Boiling and Curing
Houses Stables Storehouses Negro Houses and other Buildings Lands Ways Paths Waters Watercourses
_____ Sugar Canes Timber and other Trees Rights Privileges and Advantages whatsoever to the
said Plantation or Estate and Lands or any part thereof belonging or appertaining or to or with the
same respectively used occupied or enjoyed And also all and every the Negro and other Slaves
Men Women and Children of upon or belonging to the said Plantation or Estate and Lands
and who are particularly mentioned and described and duly Set forth in the Schedule hereunder
written or hereto annexed by their Registered Names and Descriptions according to the latest
Registration or corrected Registration thereof in the Office of the Registrar of Slaves lately
established in this Kingdom under and by virtue of an Act of Parliament pa∫sed for the purpose in
the fifty ninth Year of the Reign of his late Majesty King George the third And also all other Negro
and other Slaves (if any) now worked or employed upon or belonging to the said Plantation and
Lands and the i∫sue and progeny thereof And also the Horses Mules Cattle Engines Machinery Works
Implements and Utensils and other live and dead Stock whatsoever upon or belonging to the said
Plantation and Lands or used or employed in the Cultivation thereof and the Reversion and
reversions remainder and remainders yearly and other i∫sues produce and profits of the said premises
and all the Estate Right Title Interest case trust property Claim and demand whatsoever of the said
Richard Oliver Smith Edmund Broderip the Elder and Mary Smith and every of them into and upon
the same Premises To have and to hold the said Plantations or Estates Lands Slaves Stock
and all other the Hereditaments and premises hereby granted and released and a∫signed respectively or
intended so to be and every part thereof respectively unto and to the only use and behoof of the said James
Evan Baillie Hugh Duncan Baillie and George Henry Ames their Heirs Executors
administrators and A∫signs respectively according to the several and respective Equal tenures and
qualities

(195)

Qualities thereof freed and discharged of and from all equity of redemption subsisting? thereinto
under or by virtue of the said Indenture of the fifth day of July One thousand eight hundred and
seventeen And also freed and wholly ^ and absolutely discharged _____ between thesaid Richard Oliver Smith his Executors
Administrators and A∫signs on the one part and the said James Evan Baillie Hugh Duncan Baillie
and George Henry Ames their Heirs Executors Administrators and A∫signs respectively and that the Persons
for the time being entitled to the benefit of the present _____ and also any Purchase or Purchases of
the same Premises under the powers and authorities hereinafter Contained and that behalf on the other part
but not as respect any other person or persons of and from the aforesaid _____ Sum of Four hundred pounds by
thesaid Indenture of Release and Mortgage of the twenty first day of June One thousand eight hundred and
twenty directed to be paid during the Continuance of the Security thereby made to thesaid Richard Oliver
Smith if he should so long live and also the said annual Sum of Three hundred pounds by the same Indenture
directed to be paid as aforesaid to his Executors or Administrators after the death and also of and from the
for said annual Sum of Nine hundred pounds by thesaid Indenture of Settlement of the thirteenth day of
August One thousand eight hundred and nineteen directed to be paid to him thesaid Richard Oliver
Smith as aforesaid and of and from all trusts powers remedies and authorities whatsoever for the raising?
and payment of the same several ^ annual Sums and any or either of them respectively and also all and from? All
right and power whatsoever on the part of the said Richard Oliver Smith to direct or consent to any Sale or
Mortgage or other disposition whatsoever during his life of the said Plantations Lands Slaves Stock
and other hereditaments and premises or any part thereof for the purposes of raising during his life the
after said Sum of Seven thousand space pounds under the trust or powers of the aforesaid Indenture of Settlement
of the thirteenth day of August One thousand eight hundred and nineteen in that behalf as aforesaid
and also in like manner freed and discharged as between the said Richard Oliver Smith and Edmund
Broderip the Elder their Several Executors Administrators and A∫signs and the said Mary Smith
and her A∫signs on the one part and thesaid James Evan Baillie Hugh Duncan Baillie and George
Henry Ames their Heirs Executors Administrators and A∫signs respectively and other the persons for
the time being intitled to the benefit of the present Securities ^ but and no other persons on the other hand as
well as respects the Monies to arise or be produced from any Sale or Sales of the said Plantation
Liens Slaves Stocks Hereditaments and Premises under the power or trusts hereinafter Contained in that
behalf as thesaid Plantations Lands Slaves Hereditaments and Premises themselves of and from
the aforesaid principal Sum of Four thousand one hundred and five pounds so now remaining due on the
said Mortgage originally made to the said Richard Oliver and since settled by the said Indenture
of the thirteenth day of August One thousand eight Hundred and nineteen and the Seventh day of
September One thousand eight hundred and twenty respectively as aforesaid and of and from all
Interest money whatsoever hereafter to become due and payable upon the same Sum and also of and
from the payment of the after said Sum of Seven thousand pounds and the Interest thereof so directed
to be raised by the trusts of thesaid indenture of the thirteenth day of August One thousand eight
hundred and nineteen as aforesaid and all trusts powers and remedies whatsoever for the securing
raising ^ & _____ the same principal and Interest monies and every or any of them respectively so far as
they the said Richard Oliver Smith Edmund Broderip the Elder and Mary Smith or any or either of
them respectively are is or can shall or may be entitled to interest due in or have or hath power to dispose of _____
act on any manner release the same annual principal and Interest Monies trusts powers remedies
and premises or any of them or any part thereof But subject to such other subsisting Incumbrances
as

(196)

As aforesaid yet neverthele∫s at all times without prejudice to the full degree of priority to which the said
James Evan Baillie Hugh Duncan Baillie and George Henry Ames their heirs executors
administrators or a∫signs are or may be entitled under or by or in respect of the aforesaid A∫signment
of equal date herewith to thereof the Mortgage so made to thesaid William Manning Frederick
Manning and John Lavicount Anderdon by the said Indentures of the fourth and fifth days of
July One thousand eight hundred and seventeen as aforesaid and so freed and discharged and subject
and without prejudice respectively as aforesaid for the intents and purposes and with under and subject
to the powers provisoes declarations and agreements hereinafter declared and Contained of and
Concerning the same that is to say Provided always and it is hereby declared and agreed
between and by the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
and the said Richard Oliver Smith and their true intent and meaning neverthele∫s is that if the said
Richard Oliver Smith his heirs executors administrators or a∫signs shall and do well and truly pay
or saved to be paid to the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
there Executors Administrators or A∫signs or other the person or persons entitled to receive the same as well
thesaid Sum of One thousand seven hundred pounds and such further Sums already paid and
advanced as before mentioned and already due and owing from him the said Richard Oliver Smith
to the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames as aforesaid as
also all such Sum or Sums of Money at any time or times hereafter during the Continuance of this
Security they the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames or any of
them or any other the Partner or partners person or persons afor for the time being representing and
succeeding the said Heirs? or Term? whether the same shall then be set? under its present or any other
known person or Heirs Executors Administrators or A∫signs or any of them respectively shall or may
advance for pay or lay out or expend to or on account or become in any manner accountable for or liable
to pay for or on behalf of the said Richard Oliver Smith his heirs executors administrators or a∫signs or any of
them respectively shall either by way of Loan Acceptance in payment of Bills Security Engagement
Guarantee or otherwise howsoever or which in any other manner howsoever and at any time or times
hereafter shall or may become due and owing and payable from or by the said Richard Oliver Smith his
heirs executors administrators or a∫signs to them or any such other Partners or Partner or
Persons or Person of or representing or succeeding their said House in any or _____ _____ ____ as aforesaid
or their or any of their Executors Administrators or A∫signs (but the total amount thereof to be ultimately
recoverable upon or by virtue of their Hereunto? neverthele∫s not to exceed the Sum of Three thousand pounds)
Together with interest for all the same sums and Monies to be Computed at the Rate of six percent per Cent
per Annum for or after the date of these presents but at the rate of Five pounds per Cent per Annum only
proviso by thereto as hereinafter mentioned without any deductions or abatement whatsoever by or in the set
Installments or _____ _____ ____ and or on at the days or times following (that is to say) the Sum of Three
hundred pounds on Account or in part of the aforesaid principal Monies upon the Twenty third day
of February next and which will be in the year One thousand eight hundred and twenty-three and
the like Sum of Three hundred pounds on the twenty third day of February in every succeeding Year
until the whole of the after said principal Monies shall be fully paid and satisfied or reduced below
the Sum of Three hundred pounds and any ultimate residue of the said Principal Monies of a le∫s
amount then Three hundred pounds in the said twenty third day of February in the year next
immediately following the last day afor for payment of such annual Installments of Three Hundred
Pounds

(197)

Pounds as after said together with all interest for the said principal monies for the time being
remaining due and unpaid upon and up to such and every such twenty third day of February as
aforesaid such interest to be computed from the day of the advancing or becoming do of the Principal
Monies in respect of which the Sums shall be payable or from the last preceding day of payment of the
_____ interest thereof as the Case shall be or require neverthele∫s all interest Monies in respect of all present
or existing advances or debts to be calculated only at five space pounds per Cent per Annum from the time or respective
times of making or becoming do thereof up to the date of these presents And also if all and every the Crops
and produce of the aforesaid Plantations or Estates Lands Hereditaments and _____ herein comprised
or intended so to be except as hereinafter mentioned shall from time to time and at all times or henceforth until
the whole of the aforesaid principal and interest monies shall be fully paid and _____ respect be duly shipped
and Consigned to or according to the Direction of the said James Evan Baillie Hugh Duncan Baillie
and George Henry Ames their Executors Administrators or A∫signs or the Person or Persons for the time
being entitled to the benefit of the present Security pursuant to the Agreement and Covenant hereinafter
in that behalf contained Then and in such case and at any time after all such principal and interest
monies as aforesaid shall be fully paid and satisfied the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames their Heirs Executors Administrators and A∫signs respectively shall
and will reconvey and rea∫sign respectively to the said Richard Olson Smith his Heirs Executors
Administrators and A∫signs respectively the said Plantations or Estates Slaves Stock Hereditaments
and Premises hereby granted and a∫signed respectively or intended so to be or as he or they shall order
and direct But subject neverthele∫s to the aforesaid Mortgages and the Charges or Incumbrances made
and subsisting of and in the same premises or so many and so made and such part respectfully of the
Same Mortgages and other Charges and Incumbrances so shall be then subsisting unto in effect
Provided always and it is hereby agreed and declared between and by all
the parties hereto and thesaid Richard Oliver Smith by and with the privity and consent of the said
Edmund Broderip the Younger and Thomas Strangways Homer testified by their executing the
presents Doth hereby for himself his heirs executors administrators and A∫signs Grant Covenant
promise and agree to and with the said James Evan Baillie Hugh Duncan Baillie and
George Henry Ames their Executors Administrators and A∫signs that from time to time and at all
times hereafter during the continuance of this Security All and every the Crops and freedom of all
and singular the aforesaid Plantations and Premises in thesaid Island of Grenada herein comprized
or intended so to be as aforesaid (except so much of the Rum as shall be nece∫sary to answer? and pay
the taxes duties and incidental charges payable in the said Island of Grenada in respect of the same
premises respectively) shall be duly and regularly shipped and Consign to the said House of the said
James Evan Baillie Hugh Duncan Baillie and George Henry Ames or to any other House or Firm either
in Bristol or London as they the said James Evan Baillie Hugh Duncan Baillie and George Henry
or any of them their or any of their Executors administrators or a∫signs or other the persons or person for the
time being intitled to the benefit of the present Security or any of them shall nominate or appoint in that
behalf in order thereby and there with and with the produce thereof the better to secured to them the
true and punctual payment of all such principal and interest monies as aforesaid by or in the part
or installments hereinbefore mentioned and in order thereto It is hereby agreed and declared that
the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames their executors
administrators and a∫signs or such other nominated House or Firm as aforesaid shall sell and Convert
into

Onto Page 198. Stay-tuned.

Enjoy,

Jim

0 comments:

Post a Comment

 
There was an error in this gadget
Please Note: All information and data... and work found on this blogsite and website is available for your use. Please do not be a "scab" and steal this information without acknowledgement of source. Also pleased be advised that there could be Copyright issues and legal yada...yadada...das... so be prewarned...

A Genealogy Hunt Copyright © 2009-2016 - WoodMag is Designed by Ipietoon for Free Blogger Template