Part 476s – Smith Robertson Genealogy – Indenture Research – 1823 James, James, David, and William Smith - 1 of 3

21 March 2011

Good Afternoon,

The search for the origins and genealogy of great-great-great-grandfather James Smith continues… and what could be more anticipatory than an 1823 Indenture from the Grenada Registers of Records that has not one but two James Smiths. James Smith the Elder and James Smith the Younger. From my review of the 15 pages of this Record, (to be presented and posted in three parts), I cannot be sure that either of these two James Smiths is ggg-grandfather James.


They, and a third Smith, David, are of the firm of Leitch and Smith, Merchants of 145 George Street, Glasgow in Scotland. A fourth Smith, William, is Lord Provost and Chief Magistrate of the City of Glasgow. The inserted images of pages from August 1823 till January 1825 Glasgow Directory are from the Digital Archives of the National Library of Scotland (NLS). I was able to discover entries for the firm Leitch & Smith as well as the two James Smiths and Lord Provost William Smith.

Cross-referencing and examining the directory is clearly revealing to a fair bit of names included in the 1823 Indenture but, at this point, I cannot honestly say that there is a definite connection to ggg-grandfather James. The two James Smiths are, I believe, of the Jordan Hill Smiths. (See my created Chart listed under the “Analysis” Label at the top of the Page.)

Here are five of the 15 pages, Pages 315 through and including 319, in a first installment of the 14 May 1823 Indenture from the Grenada Registers of Records. The images are downloaded from Item 10 the microfilm FHL [1563379].


My transcription –

(315)
Entered 14 May 1823
This Indenture made the fourth day of January in
the Third 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 King Defender of the Faith and in the
Year of Our Lord one thousand eight hundred and twenty
three Between John Hopton Forbes of Ely Place in the County
of Middlesex Gentleman of the first Part Thomas Tounsend of
Pickwick in the County of Wills Esquire of the second part Adam
Crooks John Ryburn Andrew Ranken James Smith the elder

John


(316)

John Guthrie and James Smith the younger all of Glasgow
Merchants and Carrying on busine∫s thereunder the firm of
“Leitch and Smith” of the third part Hugh Duncan Baillie James
Evan Baillie and George Henry Ames all of the City of Bristol
Merchants and Copartners trading under the firm of “Evan
Baillie Sons and Company” of the fourth part ^and Andrew Houstoun
David McEwen and Matthew Davies of the Island of Grenada
Esquires of the fifth part Whereas in and by a certain Indenture
of Release founded upon _____ for a Year Precedent thereto and
bearing date on or about the thirteen day of August in the Year One
thousand eight hundred and Seventeen and made or expres∫sed to be
made between the said Thomas Tounsend and Elizabeth his Wife of the
first part James Bain of the Town of Saint George in the Island of
Grenada Esquire of the second part the said Adam Crooks John
Ryburn Andrew Ranken James Smith the elder John Guthrie and
James Smith the Younger of the third part and the said John
Hopton Forbes of the fourth part after reciting therein that thesaid
Thomas Tounsend had lately Contracted and agreed with the
said James Bain for the Sale of the plantation and tenements
Slaves Live and Dead Stock Hereditaments and Premises
therein and hereinafter described and hereby a∫signed or otherwise
a∫sured or intended so to be with their Appurtenances at the price
or Sum of Twenty thousand pounds to be paid with Interest
after the rate of five pounds per cent per Annum as in the now
reciting Indenture expre∫sed and to be secured by the Bills of Exchange
to be drawn by the said James Bain upon and accepted by the said
firm of “Leitch and Smith” at such periods as therein mentioned (that is
to say) the Sum of Eight thousand pounds as part of the said Purchase
money with four Months interest thereon to be paid by a Bill? at ninety
days after sight and the sum of Twelve thousand pounds the residue
thereof by six equal annual instalments of Two thousand pounds
each payable on the first day of January in each year and with
such interest and in such manner as in the said now reciting
Indenture particularly mentioned and also reciting that in ______
of such Agreement the several Bills of Exchange had been at _____
the execution of the now reciting Indenture drawn by thesaid James
Bain _____ and accepted by the said firm of Leitch and Smith and
delivered to the said Thomas Tounsend and that it had been agreed
that the said Thomas Tounsend should have a further Security upon
the said Plantations Lands Slaves Stock and other hereditaments
in the now reciting Indenture expre∫sed and that the said firm of
Leitch and Smith should also be _____ by an _____ charge
upon the said premises all such Sums of Money as they should
or might pay on account of the said Acceptances or any of them
or otherwise on account or for the accommodation of the said
James Bain together with interest thereon at the rate aforesaid


(317)

And with that view it had been agreed that the said
Hereditaments and Premises should be conveyed and a∫signed
by the said Thomas Tounsend and Elizabeth his Wife to the said
John Hopton Forbes his heirs Executors Administrators and A∫signs
To such ______ and _____ as are therein and hereinafter particularly
mentioned It is by the now reciting Indenture witne∫sed that for the
purposes aforesaid and for the Consideration in the now reciting
Indenture expre∫sed the said Thomas Tounsend and Elizabeth his
Wife with the privity and consent of the said Adam Crooks John Ryburn
Andrew Ranken James Smith the elder John Guthrie and James Smith
the younger and also of the said James Bain Did grant bargain
alien enffeoff release and A∫sign unto the said John Hopton Forbes
his Heirs Executors Administrators and A∫signs All that plantation
or parcel of land situate lying and being in the Parish of Saint
George in the Island of Grenada aforesaid Commonly called or
known by the name of Bellamont otherwise Bellmont Containing by
estimation Three hundred English statute Acres more or le∫s abutting
and bounded to the East by lands formerly of Me∫sieur Noah Ble∫son
and Peter Bartholomew Tullain and then or late of __________ To
the South by lands formerly of Sidney Clarke Esquire and then or late
of __________ and to the North and West by lands Commonly called
the King’s fifty paces next to the Sea together with the Me∫suage or dwelling
house Kitchen and other buildings on the said Plantation or parcel
of land and thereto belonging and also all those Seventy Acres of land
(were the same more or le∫s) theretofore forming part of an Estate called
Florence situate lying and being in the Parish of Saint David in
the Island of Grenada aforesaid but then attached to the said
Plantation and Estate called Bellamont otherwise Bellmont together
with all the Sugars and other Crops then growing upon the said
Premises or several there from and not removed and all other the
Profits and Produce of the said Plantation lands and hereditaments
there gathered or got in or thereafter to arise and be gathered or bet in
and also all Me∫suages Tenements edifices erections buildings houses
Store houses Sugar houses boiling houses Curing houses Still houses Kilns
and kilns erected and built and standing or being or to be erected built
stand or be in or upon any part thereof with their and every of their rights
members privileges and Appurtenances and also all those One?
hundred and thirty seven Negroes and other Slaves _____ Seventy
three Males and sixty four Females whose names and Sexes are set
down and described in the Schedule in the now reciting Indenture
annexed then and the then last? return thereof being as from or belonging to
the aforesaid Plantation Estate lands and hereditaments respectively
in such of them at were then living together with the then present and
future increase of the females of all the said Slaves and also all those
twenty three Mules and thirty head of Cattle or such of them as are
then alive and all other Mules horses Cows Oxen Sheep and other
Cattle

(318)

Cattle whatsoever there or at the last return thereof upon as
belonging to the sad plantation Estate Lands and hereditaments
respectively and all Coppers Stew? Ladles Skimmers potting? cabinets?
Sugar Pots Stills Stillheads _____ ______ worm _____ Coolers Cisterns
Plantation tools and other implements whatsoever in or upon
the said Plantation buildings land grounds hereditaments and
premises or any of them then being or to the same belonging or
appertaining To hold the same unto the said John Hopton Forbes
his Heirs Executors Administrators and A∫signs as to the said
plantation me∫suages lands slaves mules horses Cattle stock and
other hereditaments (being of the nature of real Estate) with their
appurtenances to the use of the said Thomas Townsend his Executors
Administrators and A∫signs for the Sum of One thousand Years to
Commence and be comprised from the day of the date of the now reciting
Indenture subject neverthele∫s to the proviso thereinafter Contained
and hereinafter recited and after the expiration of the said term
and in the mean time subject thereto and to the trusts thereof To the use
of the said Adam Crooks John Ryburn Andrew Ranken James
Smith the elder John Guthrie and James Smith the younger their
Executors Administrators and A∫signs for the term of Two thousand
Years also to commence from the day of the date of the now reciting
Indenture and subject to the proviso respecting the said last
mentioned term thereinafter contained and hereinafter recited
and after the determination of the said tem of Two thousand Years
and subject thereto so the only proper uses and behoof of the said
James Bain his Heirs and A∫signs forever and as to for and concerning
such utensils and other stock and Chattels therein and hereinbefore
mentioned and hereby a∫signed or otherwise a∫sured or intended so to be
as were personal Estate with their Appurtenances Upon trust that he
thesaid John Hopton Forbes his Executors Administrators and A∫signs
should stand po∫se∫sed thereof in trust for the said Thomas Tounsend
his Executors Administrators and A∫signs during the Continuance of the
said term of One thousand Years and of the Security thereby made
to him by virtue of the same or intended so to be and for better securing
to him and them the payment of those said principal Sums of Moneys
intended to be secured by virtue of the said term of One thousand Years
and the interest thereof at the day or times thereinbefore in that behalf
mentioned and after the determination of the said term of One thousand
Years or the full payment and satisfaction of the said principal
Monies intended so to be thereby secured and the interest thereof then in
trust for the said Adam Crooks John Ryburn Andrew Ranken James
Smith the elder John Guthrie and James Smith the Younger their
Executors Administrators and A∫signs for the Continuance of the aforesaid
term of Two thousand Years thereby limited to tem and of the Security
thereby made to them by virtue of the same term for better securing to
them the payment of such principal monies as were intended to be
secured by virtue of the said term of Two thousand years and the
interest

(319)

Interest thereof at the days or times there on and that in behalf
mentioned and after the determination of all the said trusts
thereinbefore declared and subject therefore In trust for the said James
Bain his Executors Administrators and A∫signs as to for and concerning
the said Term of One thousand Years limited in uses so the said Thomas
Tounsend his Executors Administrators and A∫signs It is by the now
reciting Indenture declared that the same was be limited subject to
proviso that if the said James Bain his ^ Heirs Executors Administrators or
A∫signs or the said Adam Crooks John Ryburn Andrew Ranken James
Smith the elder John Guthrie and James Smith Younger or the person
or persons for the same being carrying on the busine∫s of thesaid firm
of Leitch and Smith is one or his Executors Administrators or A∫signs or
any or either of them should pay or cause to be paid unto thesaid Thomas
Tounsend his Executors Administrators and A∫signs the several
Sums secured by the said several Bills of Exchange thereinbefore
mentioned at the times thereinbefore and in the said Bills of Exchange
appointed for Payment thereof then and in such Case and from
and immediately after all such payments should be so made as
aforesaid said term of One thousand Years should or be determine
and be void to all intents and purposes whatsoever and at so for and
concerning the said term of Two thousand Years thereinbefore limited
It is by the Indenture now in recital declared that the same was so limited
subject to a proviso that if the said James Bain his Heirs Executors
Administrators or A∫signs should pay or cause to be paid unto the
said Adam Crooks John Ryburn Andrew Ranken James Smith the
elder John Guthrie and James Smith the Younger their Executors
Administrators or A∫signs or the Person or Persons for the time
being carrying on busine∫s under the said firm of Leitch and Smith
Sum and Sums of Money which they or any or either of them should
or might pay in discharge of the aforesaid Acceptance is or any of
them or otherwise for the use or accommodation or on account of the
said James Bain his Heirs Executors Administrators or A∫signs
or on Account of or relating to the aforesaid plantation and premises
together with lawful interest for the same after the rate of five pounds
Per Cent Per Annum within three Months after demand thereof should
have been made by the said Adam Crooks John Ryburn Andrew Ranken
James Smith the elder John Guthrie and James Smith the Younger
their executors administrators or A∫signs or other the Person or Persons
intitled to receive the same and in such case and immediately after
such payment should be made as aforesaid the said term of Two
thousand Years should also cease determine and be void And
Whereas all and every the Sum and Sums of money secured or
meant and intended to be secured to thesaid Thomas Tounsend
under or by virtue of the said last recited Indenture and the term of One
thousand Years thereinbefore ceased and also the said several Bills of
Exchange of and to him? as aforesaid have been fully paid off _____
and discharged as the date hereby _____ and acknowledge testified by his
executing

Stay-tuned for the 2nd installment and Page 320.

Check out all the names - George Henry Ames, James Anderson, William Arbuthnot, Hugh Duncan Baillie, James Evan Baillie, James Bain, Noah Blesson, Sidney Clarke, Adam Crooks, Matthew Davies, John Hopton Forbes, James George, John Peter Grant, Grenada, John Guthrie, William Hughes, Alfred Jones, Leitch and Smith, Philip Maysey Little, Jonathan Lugger, Robert McCunn, David McEwen, Andrew Ranken, John Ryburn, David Smith, James Smith the elder, James Smith the Younger, William Smith, Peter Bartholomew Tullain, Elizabeth Tounsend, Thomas Tounsend, William Adams Welsford. They all appear at some point in this total Indenture.

Enjoy,

Jim

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