Part 477s – Smith Robertson Genealogy – Indenture Research – 1823 James, James, David, and William Smith – 2 of 3

22 March 2011

Good Morning,

Continuing from Part 476s, here are five of the 15 pages, Pages 320 through and including 324, in a second installment of the 14 May 1823 Indenture from the Grenada Registers of Records. The images are downloaded from Item 10 the microfilm FHL [1563379].


And my transcription…

(320)

Executing these presents And Whereas there is now due and
owing to the said Adam Crooks John Ryburn Andrew Ranken James
Smith the elder John Guthrie and James Smith the Younger under or by
virtue of the said recited Indenture and the said term of Two thousand
Years thereby executed and by reason of the Payment by them of their
acceptances of the said several Bills of Exchange hereinbefore mentioned
and for other monies advances and paid by them to or for the use or
and if it of the said James Bain and for arrears of interest thereof and the
principal Sum of Nine thousand five hundred and seventy-eight
pounds and they being desirous of being paid off the said Sum of Nine
thousand five hundred and seventy-eight pounds have applied to and
requested the said Hugh Duncan Baillie James Evan Baillie and
George Henry Ames to advance the same which they have and consented and
agreed to do and in order to secured to them the repayment of the same with
interest hereinafter is expre∫sed it was proposed and Agreed that the
said Thomas Tounsend should surrender thesaid term of One thousand
Years and that the said Adam Crooks John Ryburn Andrew Ranken
James Smith the elder John Guthrie and James Smith the Younger and the
said John Hopton Forbes should respectively execute the a∫signment or
other a∫surance of the said plantation lands slaves hereditaments
goods chattels and premises hereinafter in that behalf contained
Now this Indenture witne∫seth that in consideration of full
payment and satisfaction having being made to the said Thomas Tounsend
of all monies due and owing and secured or meant and intended to be secured
to him by the said recited Indenture and the term of One thousand Years
thereby created the receipt and payment whereof and that the same have
been so paid in full for all Monies due and owing to him upon or by virtue
of the same Security he thesaid Thomas Tounsend doth hereby admit
and acknowledge and thereof and therefrom and of and from the same
Sums and every part thereof Doth hereby for ever acquit release and
discharge the said James Bain his Heirs executors administrators and
a∫signs and every of them and also the said plantation and hereditaments
and premises herein before mentioned and also in consideration of the
Sum of five shillings of like lawful money as aforesaid at or before the
sealing and delivery of these presents well and truly paid to the said
Thomas Tounsend by the said Henri Duncan Baillie James Evan
Baillie and George Henry Ames the receipt whereof is hereby acknowledged
and also in consideration of the Sum of Nine thousand five hundred and
seventy-eight pounds to the said Adam Crooks John Ryburn Andrew Ranken
James Smith the elder John Guthrie and James Smith the Younger and
being the full Amount of all Monies due and owing to them upon and
by virtue of the said hereinbefore in part recited Indenture and the said
term of Two thousand Years well and truly paid by the said Hugh
Duncan Baillie James Evan Baillie and George Henry Ames at or
before the sealing and delivery of these presents the receipt whereof and
that the same is in full payment of all principal monies and interest
due and owing to them under or by virtue of the said Securities as aforesaid

They

(321)

They the said Adam Crooks John Ryburn Andrew Ranken James
Smith the elder John Guthrie and James Smith the Younger Do hereby
respectively Confe∫s and acknowledge and thereof and therefrom and of
and from the same and every part thereof Do respectively acquit
release and for ever discharge the said Hugh Duncan Baillie James
Evan Baillie and George Henry Ames and their respective Heirs
executors Administrators and A∫signs by these Presents And Also
for and in Consideration of the Sum of five shillings of like lawful money
as aforesaid to the said John Hopton Forbes in hand well and truly paid
at or before the sealing and delivery of these presents by the said Hugh
Duncan Baillie and James Evan Baillie and George Henry Ames the
receipt whereof is hereby acknowledged he the said Thomas Tounsend
at the direction and appointment of the said Adam Crooks John
Ryburn Andrew Ranken James Smith the elder John Guthrie and
James Smith the Younger To the intent and purpose that the said term
of One thousand Years if now in existence may become merged and
extinguished in the said term of Two thousand Years Hath a∫signed
transferred and set Over surrendered and Yielded up and by these
presents Doth a∫sign transfer and set over surrender and yield
up And they the said Adam Crooks John Ryburn Andrew Ranken
James Smith the elder John Guthrie and James Smith the Younger
Have and each and every of them Hath bargained sold a∫signed
transferred and set over and by these presents Do and each and every
of them Doth bargain sell a∫sign transfer and set over and the said
John Hopton Forbes at the like request and by the like direction and
appointment of the said Thomas Tounsend Adam Crooks John
Ryburn Andrew Ranken James Smith the elder John Guthrie and
James Smith the Younger and as far as he lawfully can or may
but no further or otherwise Hath bargained sold a∫signed transferred
and set over and by these presents Doth as far as he lawfully can or
may but no further or otherwise bargain sell a∫sign transfer and set over
unto the said Hugh Duncan Baillie James Evan Baillie and George
Henry Ames their Executors Admtors and A∫signs All and singular the
plantation lands slaves hereditaments and all singular other the
premises live and dead stock good chattels and effects comprised in
the said herein before in part recited Indentures of Lease and Release and
every part and parcel thereof with their and every of their rights
royalties member and Appurtenances and all the estate right title
interest use trust property po∫se∫sion benefit and equity of redemption
challenge claim and demand whatsoever both at Law and in
Equity or otherwise howsoever of the said Adam Crooks John
Ryburn Andrew Ranken James Smith the elder John Guthrie and
James Smith the Younger of in to or out of the same hereditaments
and premises goods and chattels every or any part thereof To have
and To hold all and singular the said plantation Me∫suages
Lands and all singular other the hereditaments and premises
hereby a∫signed or otherwise a∫sured or intended so to be are of the
nature

(322)

Nature of real Estate and every part and parcel thereof with
their and every of their rights members privileges and appurtenances
unto the said Hugh Duncan Baillie James Evan Baillie and
George Henry Ames their executors admorts and A∫signs from
henceforth for and during all the next residue and remainder now
_____ and unexpired of the said recited term of Two thousand Years thereof
granted as aforesaid subject neverthele∫s to such right and equity of
redemption therein as is now existing under or by virtue of the said
recited Indentures of the twelfth and thirteenth August One thousand
eight hundred and Seventeen And to have and to hold all and
singular the utensils and other the stock and chattels hereinbefore
mentioned of the nature of real Estate and hereby a∫signed with
the Appurtenances unto the said Hugh Duncan Baillie James
Evan Baillie and George Henry Ames their Executors Admorts and A∫signs
for and during all the Estate term and interest and Estates terms and
interests of the said John Hopson Forbes Thomas Tounsend Adam Crooks
John Ryburn Andrew Ranken James Smith the elder John Guthrie and
James Smith the younger respectively of in to or out of the same subject
neverthele∫s to such right or equity of redemption therein as is now existing
under or by virtue of the said recited Indentures And this
Indenture further witne∫seth that for the Considerations
aforesaid and by way of further A∫surance They the said Adam Crooks
John Ryburn Andrew Ranken James Smith the elder John Guthrie
and James Smith the younger Have and every of them Hath
bargained sold a∫signed transferred and set over and by these presents
Do and every of them Doth bargain sell a∫sign transfer and set
over unto the said Hugh Duncan Baillie James Evan Baillie and
George Henry Ames their Executors Admorts and A∫signs All that
the said Debt or Sum of Nine thousand five hundred and Seventy
eight pounds and all other the Sum and Sums of Money whatsoever
due and owing to the said Adam Crooks John Ryburn Andrew
Ranken James Smith the elder John Guthrie and James Smith the
Younger upon and secured or meant and intended to be secured to
them under or by virtue or means of the said hereinbefore in part
recited Indenture otherwise howsoever and every part and parcel
thereof and all the Interest which shall become due and payable
in respect thereof together with all Securities given or entered into
and agreed meant or intended to be given and entered into for the
name and the full and entire benefit and advantage to be derived
from the same respectively and the Covenants and agreements
therein contained and with full power and Authority for them the
said Hugh Duncan Baillie James Evan Baillie and George Henry
Ames their executors administrators and a∫signs as the Attornies
or Attorney of them the said Adam Crooks John Ryburn Andrew
Ranken James Smith the elder John Guthrie and James Smith the
Younger and in their name or names or otherwise to ask demand
sue for recover and receive and give full and effectual releases or
other

(323)

Other discharges for the same Sum and Sums respectively
and every of them and the interests thereof respectfully and all the right
title interest trust property po∫se∫sion po∫sibility Challenge Claim and
Demand whatsoever as well at Law as in Equity of them the said
Adam Crooks John Ryburn Andrew Ranken James Smith the Elder
John Guthrie and James Smith Younger effectively of into from
or out of thesaid Debt or Some and it's interest and other the Sum
and Sums aforesaid or any of them or any part thereof or the
Securities for the same or any of them To have old receive take
and enjoy the said Debt or Sum Nine thousand five hundred and
Seventy-eight pounds or secured as aforesaid and all other the
Sum and Sums benefit of the Securities and all and singular
other the premises lastly hereinbefore a∫signed or otherwise a∫sured
or intended so to be unto the said Hugh Duncan Baillie James Evan
Baillie and George Henry Ames their Executors Administrators and
a∫signs as their own Monies Estate Property and effects and the said
Adam Crooks John Ryburn Andrew Ranken James Smith the elder
John Guthrie and James Smith the Younger do hereby jointly for
themselves their Heirs Executors and Administrators and each of
them severally separate and apart from the other of them doth hereby
for himself his Heirs Executors and Administrators covenant
promise and Agree to and with the said Hugh Duncan Baillie
James Evan Baillie and George Henry Ames their executors
administrators and a∫signs that the said Debt or Sum of Nine
thousand five hundred and seventy-eight pounds hereinbefore a∫signed
or intended so to be it on the day of the date of these presents well and
truly and bona fide due and owing to them upon or by virtue of the said
recited Securities and that for and notwithstanding any Act Deed
Matter or Thing whatsoever by them or either of them had made done
committed permitted or suffered or executed to the contrary the same
Security is good valid and valuable in the Law and not in any manner
void or voidable and that they the said Adam Crooks John Ryburn
Andrew Ranken James Smith the elder John Guthrie and James
Smith the Younger have not at any time or times heretofore had made
committed permitted or suffered or being or party or privy to any act
deed matter or thing whatsoever whereby wherewith only reason
or means whereof thesaid Debt or Sum of Nine thousand five
hundred and Seventy-eight pounds hereby a∫signed or any part
thereof or otherwise the Sum or Sums hereby a∫signed or intended
so to be or the Securities for the same on the said plantation
and Estate Hereditaments and Premises or any part thereof are
is can shall or may be in any manner changed impeached
incumbered or affected in title term estate or other wise how _____ and
their they the said Adam Crooks John Ryburn Andrew Ranken James
Smith the elder John Guthrie and James Smith the Younger have in
and cells good right and full Power and lawful and absolute
Authority to a∫sign the Sum and Sums of money hereinbefore a∫signed or
intended

(324)

Intended so to be and also to a∫sign and a∫sure the said
plantation estate hereditaments and premises in manner hereinbefore
expre∫sed And further that they the said Adam Crooks John
Ryburn Andrew Ranken James Smith the elder John Guthrie
and James Smith the Younger their Heirs Executors administrators
and all persons whomsoever lawfully or equitably claiming any estate
right title or interest under them or either of them shall and will
from time to time and at all times for ever hereafter on the request
of the said Hugh Duncan Baillie James Evan Baillie and George
Henry Ames their executors and administrators or any or either
of them at the Costs and Charges of the said James Bain his
executors administrators or a∫signs or the said Hugh Duncan
Baillie James Evan Baillie and George Henry Ames their executors
administrators or a∫signs make do you or joined and concurred with
all other nece∫sary Parties in making doing and executing all and
every such further and other lawful and reasonable acts deeds releases
conveyances A∫signments and transfers and other A∫surances
whatsoever which shall be needful or nece∫sary for the further better
more perfectly absolutely and effectually a∫signing or otherwise a∫suring
unto the said Hugh Duncan Baillie James Evan Baillie and George
Henry Ames their executors admorts and a∫signs the said Debt or Sum
of Nine thousand five hundred and seventy-eight Pounds and
other the Sum or Sums of Money aforesaid and the interest henceforth
to become due and payable in respect thereof and the benefit of the
said Security as aforesaid and also for conveying and a∫suring or otherwise
a∫suring the said Plantation Estate Slaves Hereditaments and Premises
hereinbefore mentioned and every part and parcel thereof and all their
Estate and interest therein under or by virtue of the said recited
Indentures unto the said Hugh Duncan Baillie James Evan
Baillie and George Henry Ames their executors administrators
and a∫signs respectively according to the nature and quality of the same
hereditaments and premises respectively and to the true intent and
meaning of these presents And thesaid Thomas Tounsend and John
Hopton Forbes Do hereby for themselves severally and respectively and not
the one for the other of them but each for his own Acts and deeds and for
their several and respective heirs executors administrators and A∫signs
covenant promise and Agree to and with the said Hugh Duncan
Baillie James Evan Baillie and George Henry Ames that they thesaid
Thomas Tounsend and John Hopton and Forbes have not nor hath either
of them at any time or times hereto for made done committed or
willingly permitted or suffered any Act deed matter or thing whatsoever
whereby wherewith or by reason or means whereof the said Plantation
and Estate Slaves Hereditaments and Premises or any part thereof are
is can shall or may be in any manner charged impeached incumbered
or affected in title change term estate or otherwise howsoever And
this Indenture further witne∫seth that to the intent that these
presents may be duly recorded acknowledged and registered according
to

Now on to the 3rd installment.

Enjoy,

Jim

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