Part 528s – Smith Robertson Genealogy – Indenture Research – 1798 William Smith – Mathew Place, Grenada

15 June 2011

Greetings and Good Afternoon,

Tampa’s humidity has most definitely begun. At 7:00 o’clock this morning I was hit with a wall of the pending summer and wet season.

Thank you Stephen, in Glasgow for the image of the 1795 Map of Grenada.

The next Indenture is a definite companion to the one presented in Part 527s. It does not offer any pertinent clues to the origins of ggg-grandfather James Smith. It does however provide detailed accounting of family relationships and inheritance regarding the Ottley and Byam Families. It is an amazing find for anyone seeking these genealogies.

The only Smith is William Smith who is included as a witness to the Indenture. No definitive reference can be inferred or is presented to ggg-grandfather James.

Here are images of the Pages 479 through and including 487 of the Grenada Registers of Records, as downloaded from Item 1 of the microfilm FHL [1563378].


The scribe of this Indenture certainly liked apostrophes “ ‘ “, but there is not a consistent use of them to replace the “ed” by “ ‘d” at the end of part tense verbs. There is also a reference on Page 483 to a “Diagram annex’d to the Grant” which is not included in this copy of the Indenture. I would like to find it.

My transcription –

479
Entered 20th June 1799
This Indenture Tripartite made the Seventeenth Day
of July in the Year of Our Lord one thousand seven hundred and Ninety Eight Between
Thomas Ottley of the Island of Antigua Esquire Father and Guardian of George Weatherill
Ottley, Drury Ottley and Richard Ottley, being Minors, Children of him the said Thomas
Ottley and Grace Ottley is Wife Sister of Sir Ashton Warner Byam deceased late His
Majesty's Attorney General of the Island of Grenada (acting herein by his sole constituted
Attorney Thomas Turner Wise of the said Island of Grenada Esquire) Of the first
Part The Honorable Edward Byam President of His Majesty's Council for the Island
of Antigua one of the Executors named in the Will said Sir Ashton Warner Byam
who is now sole surviving Executor thereof and would have been Heir at Law as being eldest
Brother of the said Sir Ashton Warner Byam if he had made no Will (Acting herein by his
constituted Attornies the Honorable William Arnold of the said Island of Grenada
Esquire and the said Thomas Turner Wise) of the second Part and Joseph Beete
late of the said Island and now of the Colony of Demarary on the Southern Continent
of America Esquire (Acting herein by his constituted Attorney George Henry Horsley of the
said Island of Grenada Esquire) of the third Part Witne∫seth That
Whereas the said Sir Ashton Warner Byam in and by his last Will and Testament
in

480

In Writing duly executed or sign'd Seal'd publish'd and declared at the
Town of Saint George in the said Island of Grenada on the eleventh Day of November
in the Year of our Lord One thousand seven hundred and Ninety as and for his last
Will and Testament in the Presence of three credible Witne∫ses (as the Statute of
Devises in Cases of Real Estate made and provided requires which said Statute by
an act pa∫s'd at Grenada on the Twentieth Day of February in the Year of Our
Lord one thousand seven hundred and sixty Nine is declared to be in Force within
the said Island and its' Dependencies) Among other Devises gave and devised to his
Nephews George Weatherill Ottley Drury Ottley and Richard Ottley and their respective
Heirs as Tenants in Common is Dwelling House and Out Houses where he lived
with all the Land and thereto belonging call'd Mathew Place said George
Weatherill Ottley, Drury Ottley and Richard Ottley by the Children above named of the
said Thomas Ottley and Grace Ottley is Wife Sister as after said of the said Sir Ashton
Warner Byam And That Whereas the said Sir Ashton Warner Byam shortly
after he executed his Will took a Voyage to Antigua where he felt sick and died
and during his Sickne∫s made a Codicil to his Will wear in and whereby he ratified
and confirm'd the foregoing Devise as in and by the said Codicil duly executed by him
on the twenty-first Day of December in the Year of our Lord one thousand seven
hundred and Ninety conformably to the Statue of Devises as after said in cases of Real
Estate and duly proved and recorded after the Testator's Death in the Registry of Wills
in the said Island of Antigua as in and by the said Codicil upon the Record in the said
Registry of Wills Relation being thereunto had will more fully and at large appear
And That Whereas from the said Codicil that the said Sir Ashton
Warner Byam when he went to Antigua left his said Will in the Hands of the late
Reverend Walter Carew one of the Executors named therein now deceased And That
Whereas it appears from a Deposition made to a Copy of the said Will by John Davis
Of the said Island of Grenada Esquire (late Deputy Secretary of the said Island and as
such Register of the Court of Ordinary) who is cheap acting Executor of the Will of Benjamin
Webster late of the said Island Esquire deceased after the Death of the said Walter
Carew was sole resident acting Executor in Grenada of the Will of the said Sir Ashton
Warner Byam That while he the said John Davis acted in the said Office the Original
Of the said Sir Ashton Warner Byam's Will was lodged or the Purposes of being recorded
but

481

But afterwards lent out of the Office for was recorded to the said
Benjamin Webster who he believes either lost or mislaid it the said Original not
appearing upon Record and not being now to be found And That Whereas
of the said Sir Ashton Warner Byam had died intestate the said Edward Byam as
being his eldest Brother would have been his Heir at Law and consequently have
become intitled to all his Real Estate But tho' the Original Will of the Testator cannot
be found it is the Opinion of divers Counsel learned in the Law That under all the
Circumstances of the Case a Court of Chancery would certainly establish the Will from
a Copy which can be well authenticated And That Whereas if the Point of
Law and Equity or even doubtful it clearly appears the said Edward Byam would
never have taken Advantage of any Doubt that could po∫sibly be entertained on the
_____ as by a Letter from him to the said Thomas Turner Wise dated Antigua,
December the thirteenth one thousand seven hundred and ninety-seven to put the
Matter out of all Dispute the road as follows "I flatter myself I need not offer any
Arguments to persuade you to believe, That my being the undesign’d Heir at Law of my
Brother Ashton cannot make any Difference to my Sister Ottley's Family, either as to
is Real, or Personal Estate, as Doctor Byam, who is our only surviving Brother,
breathes the same Sentiments with myself upon the Occasion, and it is our wish
That the Copy, we are fortunately able to produce, may be consider’d equally valid and
Authentic And That Whereas of being the Opinion of the said Thomas
Ottley Father and Natural Guardian of the said George Weatherill Ottley Drury Ottley
and Richard Ottley Devisees as aforesaid (under the Will of the said Sir Ashton Warner
Byam) of the said Lands and Tenements call'd Mathew Place That it will be
now for the Interest of the said Devisees who are Minor to have the Premises sold the
said Edward Byam in order to secure a good Title to a Purchaser is willing to joyn the
said Thomas Ottley Father and Natural Guardian of the said George Weatherill Ottley
Drury Ottley and Richard Ottley in a Conveyance of the said Lands and Tenements to
any One who will give an adequate Price or Consideration for the same And That
Whereas the said Joseph Beete by his constituted Attorney said George Henry
Horsley has offer'd to give the sum of two thousand Pounds Current Money of the said
Island of Grenada for the Premises Provided the said Edward Byam will joyn the
said Thomas Ottley in the Execution of the Conveyance of the same to him with all nece∫sary
Covenants on both their Parts and a proper Release or Relinquishment on the Part of the said
Edward Byam of every Right Title Interest Claim Demand or Pretence whatsoever which
he

482

He the said Edward Byam or any Person or Persons claiming under him being
ever set up And That Whereas the said Thomas Ottley and Edward
Byam both think this Sum offer'd by the said Joseph Beete an adequate Price for the
said Lands and Tenements And the said Edward Byam is perfectly willing
to comply with the Requisition of the said Joseph Beete Now therefore They the
said Thomas Ottley and Edward Byam (the former as being Father and Natural
Guardian of the said George Weatherill Ottley Drury Ottley and Richard Ottley and
the latter as being eldest Brother of the said Sir Ashton Warner Byam whose Heir at
Law he would have been if the said Sir Ashton Warner Byam had made no will)
for and in Consideration of the Sum of two thousand Pounds Current Money of the said
Island of Grenada thesaid Thomas Ottley as Father and Natural Guardian of
the said George Weatherill Ottley, Drury Ottley and Richard Ottley in Hand well
and truly paid by the said Joseph Beete by and with the Consent and Approbation
of the said Edward Byam testified by his being a Party hereto at or before the Sealing and
Delivery of these Presents And for and in consideration of the sum of ten Shillings
Current Money of the said Island to the said Edward Byam also in Hand well and
truly paid by the said Joseph Beete at or before the Sealing and Delivery of these
Presents the Receipt of which two respective Considerations is hereby respectively
acknowledged by the said Thomas Ottley and Edward Byam have and each of
them hath granted bargain'd sold sold released and confirm'd and by these
Presents do and each of them Doth grant bargain sell release and confirm unto
the said Joseph Beete his Heirs and A∫signs All that Tract or Parcel of Land which
was of the said Sir Ashton Warner Byam at the time of his Decease with the Mansion
or Dwelling House Out Offices and all and singular other the Buildings thereon call'd
Mathew Place situate lying and being in the Town of Saint George in the said
Island of Grenada together with all Ways Paths Pa∫sages Waters Water Courses Trees
Woods Underwoods Rights Privileges Easements and Advantages to the same Annex'd
appertaining or belonging or had and enjoyed therewith or reputed to be so which
said Tract or Parcel of Land comprehends or Comprises two distinct Lots Pieces or
Parcel of Land namely All that Lot Piece or Parcel of Land granted to John Ahmuty
late of the Town of Saint George thesaid Island of Grenada Esquire now deceased
by his Majesty's Letters Patent under the Seal of these Islands (Grenada and the Islands
call'd the Grenadines annex'd thereto or dependent thereon) bearing Date the sixteenth
day

483

Day of February in the Year of our Lord one thousand seven hundred
and eighty-five and therein said to be Situate lying and being between the
Road leading to Fort Royal and the House called Chanteloup's lately in the
po∫se∫sion of The Honorable Samuel Williams in the said Town of Saint the
said Lot being bounded Northerly by a Lane or Narrow Street leading from the
Carenage to the Fort Easterly by the before mention’d Lott call’d Chanteloup’s and
partly by a Pa∫sage left between the said Lot and the Prison Southerly on another
Lot then lately Granted to the said Sir Ashton Warner Byam and Westerly on the
Road leading to the Glacis (of the Fort) or however otherwise the same might or
may be butted bounded lying or being which said Lot Piece or Parcel of Land
the said Sir Ashton Warner Byam afterwards purchased from the said John
Ahmuty for the consideration mention’d in an Indenture of Feoffment made the
fifth Day of July in the Year of our Lord One thousand seven hundred and eighty
five between the said John Ahmuty of the One Part and the said Sir Ashton
Warner Byam then Ashton Warner Byam Esquired of the other Part as in and by
the said Indenture duly executed proved and Recorded in the Registry of Deeds in
the said Island of Grenada Relation being thereunto had will more fully and at
large appear And all that Lot Piece or Parcel of Land granted to the said
Sir Ashton Warner Byam (then Ashton Warner Byam Esquire) by the Name or
Description of the Honorable Ashton Warner Byam of the Town of Saint George in the
Island of Grenada Esquire by His Majesty’s Setters Patent under the Seal of these
Islands (Grenada and the Islands call’d the Grenadines annex’d thereto or
dependent thereon) bearing Date the sixteenth day of February in the Year of Our
Lord One thousand seven hundred and eight five and therein said to be situate
lying and being between the Road leading to the Glacis of Fort Royal and the
common Goal in the said Town of Saint George butted and bounded in the same
Form and Manner as the Diagram annex’d to the Grant made to the said Sir
Ashton Warner Byam (then the Honorable Ashton Warner Byam) represents Which
said two distinct Lots and Pieces or Parcels of Land together now form one Tract or Parcel
of Land butted and bounded as follows (that is to say) To the East partly by a Lot of
Land formerly of one Chanteloup and lately of Samuel Williams Esquire and partly
by the Goal Wall, to the West by the Road leading thro’ the Gate to the Artillery Hospital
to the North by the Alley leading from the Carenage to Fort George and to the South
by ungranted Lands, or howsoever otherwise the said Tract or Parcel of Land may be
butted

484

Butted and bounded situate lying and being all which said
Premises are now in the actual Po∫se∫sion of the said Joseph Beete by Virtue of a
Bargain and Sale to him thereof made for one Year in Consideration of Ten shillings
Current Money of the said Island of Grenada to each of them the said Thomas
Ottley and Edward Byam paid by the said Joseph Beete in and by an Indenture
bearing Date the Day next before the Day of the Date of these Presents and by Force
of the Statute for transferring Uses into Po∫se∫sion) and the Reversion and Reversions
Remainder and Remainders Yearly and other Rents I∫sues and Profits thereof and
every Part and Parcel thereof and all the Estate Right Title Interest Use Trust Property
Claim and Demand whatsoever both at Law and in Equity which the said Sir
Ashton Warner Byam had of in or to the said Tract or Parcel of Land together with
the Mansion or Dwelling house Out offices and all and singular other the Buildings
thereon call'd Mathew Place at the Time of his Death and in and by his
last Will and Testament gave and devised as aforesaid to his Nephews the said George
Weatherill Ottley Drury Ottley and Richard Ottley and their respective Heirs as
Tenants in Common to have and to hold the said Tract or Parcel of Land
together with the Mansion or Dwelling House Out offices and all and singular other
the Buildings thereon Tenements Hereditaments and Premises hereby or mention'd or
intended to be hereby granted and released with their and every of their Appurtenances
unto the said Joseph Beete his Heirs and A∫signs to and for the sole proper Use and
Behoof of him the said Joseph Beete his Heirs and A∫signs and to or for no other Use
Intent or Purpose whatsoever And the said Edward Byam for the barring and
extinguishing all the Estate Right Title Interest Claim or Demand whatsoever which
he or any Person or Persons claiming under him might otherwise have pretended to
or setup hath agreeably to the Requisition of the said Joseph Beete and his own
Conviction of the Fee of Honor and Justice he is under to make such a Renunciation
or Relinquishment remised released and for ever quit claim'd and by these Presents
doth remise release and for ever quit claim all the Estate Right Title Interest
Claim and Demand whatsoever of him thesaid Edward Byam of in to or out of the
said Tract or Parcel of Land together with the Mansion or Dwelling House Out offices
and all and singular other the Buildings thereon call'd Mathew Place
And the said Thomas Ottley and Edward Byam do hereby for themselves and
their

485

Their respective Heirs Executors and Administrators respectively covenant
to and with the said Joseph Beete his Heirs and A∫signs That the said Sir Ashton
Warner Byam was at the Time of his Death seized of an absolute Estate of
Inheritance in Fee Simple of and in the said Tract or Parcel of Land Tenements
Hereditaments and Premises And That they the said Thomas Ottley and
Edward Byam have not nor have either of them since the Death of the said Sir
Ashton Warner Byam done any Act whatsoever to charge encumber or affect the
said Tract or Parcel of Land Tenements Hereditaments and Premises and shall
and will Warrant and for ever defend the same unto the said Joseph Beete his
Heirs and A∫signs against them the said Thomas Ottley and Edward Byam
and against the said George Weatherill Ottley Drury Ottley and Richard Ottley
and against all and every Person and Persons whomsoever claiming or who may
claim by from or under them the said Thomas Ottley and Edward Byam or either
of them or buy from or under the said George Weatherill Ottley Drury Ottley and
Richard Ottley their Heirs and A∫signs or any of them And That the said Joseph
Beete his Heirs and A∫signs and may from henceforth for ever hereafter
peaceably and quietly enter into have hold po∫se∫s and enjoy the said Tract or
Parcel of Land Tenements Hereditaments and Premises hereby granted and released
with their and every of their Appurtenances without any Molestation Interruption
Disturbance or Denial of them the said Thomas Ottley and Edward Byam or
either of them or of the said George Weatherill Ottley Drury Ottley and Richard Ottley
their Heirs and A∫signs or any of them or any other Person or Persons whomsoever And
that free and clear and freely and clearly acquitted exonerated and discharged of and
from all and all Manner of Uses Trusts Gifts Grants Bargains Sales Feoffments
Leases and Releases Mortgages Fines Forfeitures Rents Arrears of Rent Executions
Judgments Decrees Verdicts Suits Rights Titles Claims Demands Charges and
Incumbrances whatsoever And further That they the said Thomas Ottley and
Edward Byam and the said George Weatherill Ottley Drury Ottley and Richard Ottley
their Heirs and A∫signs and all and every Person and Persons whomsoever having or lawfully
claiming or who at any time or times hereafter shall or may have or lawfully claim
any Estate Right Title or Interest of in to or out of the said Tract or Parcel of Land
Tenements Hereditaments and Premises hereby granted and released or mention'd or
intended so to be shall and will from Time to Time and at all Times hereafter upon
the

486

The reasonable Request and at the Costs and Charges in the Law of the
said Joseph Beete his Heirs or A∫signs make do and execute ^ or can or procure to be
made done and executed all and every such further and other lawful and
reasonable Act and Acts Thing and Things Conveyances and A∫surances in the
Law whatsoever for the further better more perfect and absolute granting or
conveying and A∫suring the said Tract or Parcel of Land Tenements Hereditaments
and Premises with their and every of their Appurtenances unto the said Joseph
Beete his Heirs and A∫signs to the only proper Use and Behoof the said Joseph
Beete his Heirs and A∫signs for ever as by the said Joseph Beete his Heirs or A∫signs or
his or their Counsel learned in the Law shall or may be devised advised or required
In Witne∫s whereof the respective Parties to these Presents have hereunto set their
respective Hands and Seals the day and Year first above written.
Thomas Ottley (LS) Edward Byam (LS)
by his Attorney by his Attorney
Thomas Turner Wise W. Arnold
Thomas Turner Wise
Sign'd Seal’d and deliver’d In the Presence of
J. S. Fredrickson Jr. Wm. Smith.
Received on the Day of the Date of these Presents the Considerations within mentioned
to be paid to us respectively (that is to say) the full Consideration of two thousand
Pounds Current Money of Grenada by me Thomas Ottley Father and Natural
Guardian of the within named George Weatherill Ottley Drury Ottley and Richard
Ottley and the Consideration of ten shillings by me Edward Byam eldest Brother of
the within named Sir Ashton Warner Byam deceased We say received by us
respectively as aforesaid
Thomas Ottley by his Attorney
Thomas Turner Wise
Edward by his Attornies
W. Arnold
Thomas Turner Wise
Witne∫s
J.S. Fredrickson Jr.
Wm. Smith
Grenada Before the Honorable Thomas Bridgwater Esquire Chief Judge
of the Court of Common Pleas for the said Island and its
Dependencies established
Personally

487

Personally appeared John Simon Fredrickson Junior of the Town
of Saint George in the Island of Grenada Gentleman one of the subscribing Witne∫ses
to the within Indenture of Release and also to the Lease thereto leading, who being
duly sworn on the Holy Evangelists of Almighty God maketh Oath and saith That
he was present together with William Smith the other subscribing Witne∫s to the
said Indentures and did see Thomas Turner Wise sign seal execute and deliver
the said Indentures or selectively as the Attorney in the Name of and as and for
the free and voluntary Act and Deed of Thomas Ottley one of the Parties to the said
Indentures And that he did also see William Arnold Esquire and the said
Thomas Turner Wise sign seal execute and deliver the said Indentures as the
Attornies in the Name of and as for the free and Voluntary Act and Deed of
Edward Byam the other Party the said Indentures And that he also saw the said
Thomas Turner Wise as the Attorney of the said Thomas Ottley and also one of the
Attornies of the said Edward Byam And the said William Arnold as the other
Attorney of the said Edward Byam sign the Receipt for the Consideration Money
mentioned in the within Indenture of Release and the Deponent further saith that
in Testimony of such Execution he this Deponent and the said William Smith
described their Names as Witne∫ses to the said Indentures respectively
Sworn to before this 20th day of June 1 799
J. S. Fredrickson Jr.
Thomas Bridgwater

Item 1 is now finished. On to Item 2. The first Indenture includes the name Benjamin d’Harriette Smith. Stay tuned.

Enjoy,

Jim

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