Part 533s – Smith Robertson Genealogy – Indenture Research – 1801 Benjamin D’harriette Smith – Charibee Islands & Irish Sterling

22 June 2011

Morning,

Summer solstice has passed and now the days begin to get shorter. And we’re in those penultimate days of the just-waiting-for the thunder and lightning season to begin its fury in Central Florida. The days are hot… but at least I have the pool just outside my living room door and I get soaked hourly to keep a cool and calm brain and body.

So I continue on in the search for my ggg-grandfather James Smith; the search and research for his origins and genealogy. This morning’s Indenture does not have any immediate hints or clues that there is any possible association between Benjamin D’Harriette Smith and ggg-grandfather James. The dates included in the Indenture could approximate the time frame near and about ggg-grandfather James’ life and there may have been some association between him and Benjamin D’Harriette Smith. I only conclude because of the indication that the property that is discussed on Page 488 in this contract is bounded and bordered in the Town of Saint George by what is called “the Carpenter’s yard”.

This Indenture begins on Page 484 and continues through to Page 490 of the Grenada Registers of Records found in Item 2 of the microfilm FHL [1563378].

Here are the images of the Indenture.


And my transcription –

(484)
Examined
Entered 5th March 1801
This Indenture made the thirtieth day of December in the forty first year of the
reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and
Ireland King defender of the faith and so forth and in the year of our Lord One thousand
eight hundred Between James Park of the Island of Trinidad merchant and
Benjamin

(485)

Benjamin D’harriette Smith of the Island of Grenada merchant of the one
part, and Alexander Cockburn of the Town of Saint George in the aforesaid Island of
Grenada Doctor of Physic of the other Part Whereas in and by a certain royal
Grant or letters patent under the great Seal of the said Island of Grenada bearing
date the thirty first day of August which was in the year of our Lord One Thousand
seven hundred and seventy five and in the fifteenth year of his present Majesty’s
reign by the humble petition of David Merril to his Excellency William Young the
then Commander in Chief of the Southern Charibbee Islands of Grenada the Grena
dines Saint Vincent and Tobago his Majesty did give and grant unto the said
David Merril his heirs and a∫signs all that water lot lying and being in the
upper Carenage in the Town of Saint George and Island of Grenada aforesaid contain
ning seven thousand nine hundred and thirty two square feet being ninety feet four
Inches in front next the lands of the said David Merril and running on the North
East Side seventy six feet ten Inches and ninety five feet five Inches on the South
West Side backwards into the sea of the figures and boundaries particularly described
in the Diagram of the said lot hereunto annexed with liberty to _____ out a Wharf
into the Carenage with the appurtenances whatsoever the same ^or any part of the same belonging and all things on the same built erected stan
ding growing or being To hold the same unto the said David Merril his heirs and
a∫signs in free and Common Socage to his and them only proper use and behoof for ever
and for no other use at the annual rent of one penny Sterling for every foot in front of
such town lot in Saint Georges aforesaid to commence on the thirty first day of August
which was in the year of our Lord One Thousand seven hundred and seventy seven which
would be within two years after the date of the said Grant and subject to the Conditions
thereinafter particularly mentioned as by the said recited Grant duly recorded in
the Clerk of the Patent’s Office in and for the said Island of Grenada and other the
Islands then thereto depending reference being thereunto had will more fully and at large
appear And whereas the said David Merril did some time after depart this life where
by the above recited lot granted into him as aforesaid descended to his Brother and heir
at law Melaliah Merril and whereas by Indentures of lease and release bearing date
respectively the sixteenth and seventeenth days of March which were in the year of our
Lord one thousand seven hundred and eighty seven and made between the said
Melaliah Merril of the one part and James Carson of the other Part the said Melaliah
Merril for the Considerations therein mentioned did grant release and confirm unto
the said James Carson his heirs and a∫signs all his right and title in and to one
equal moiety or half part of all the said lot and premises granted unto the said
David Merril his brother deceased in the said hereinbefore recited grant or letters
patent mentioned and described as by the said Indenture of release recorded in the
Register office of the said Island of Grenada reference being thereunto had well more
fully appear And whereas in and by a certain other royal Grant or letters
patent

(486)

Patent under the great Seal of the said Island of Grenada bearing date the twenti
eth day of November in the twenty eight year of the reign of his present majesty by the
humble Petition of John Hutchings and James Carson then of the Town of Saint George in
the said Island of Grenada to his honor Samuel Williams the then President of the Council
and Commander in Chief of the said Island of Grenada and its dependencies his Majesty did
give and grant unto the said John Hutchings and James Carson their heirs and a∫signs
all that Piece of land being of such dimensions butts and bounds as therein and hereinaf
ter mentioned that is to say beginning at the South angle by the lot of land in the po∫
se∫sion of the said John Hutchings and James Carson and containing along the same
North thirty two East one hundred and thirteen feet six Inches thence South fifty eight
East twenty feet into the harbor to intersect the boundary thereof thence South 24 45
West along the said Boundary one hundred and twenty feet thence North 48 30 West thir
ty four feet six Inches to the Place of beginning abutted and bounded North West by the
said lot of land in the po∫se∫sion of the said John Hutchings and James Carson North East
by the water lot adjoining lands of Samuel Hall South East by the boundary line of
the said harbor and South West by the water lot adjoining to lands in the po∫se∫sion of
Charles Morris and all the woods underwoods profits Commodities easements heredits and Ap
purtenances thereunto belonging and appertaining To hold the same unto the said John Hutch
ings and James Carson their heirs and a∫signs in free and Common Socage to their only
proper use and behoof for ever and for no other use at the yearly quit rent of one Penny
Sterling post in front of the lot thereby Granted to commence the twentieth day of Novem
ber one thousand seven hundred and eighty nine subject to the Terms and Conditions
thereinafter mentioned And whereas the said John Hutchings purchased the other unde
vided moiety of the Premises one moiety whereof was conveyed to the said James Carson by
the hereinbefore recited Indenture of lease and release whereby the said James Carson and
John Hutchings became tenants in Common of the Premises granted by the first recited Grant
all which said premises were adjoin and contiguous to each other they the said John
Hutchings and James Carson caused a division to be made of all the said Premises whereby
the parcel and allotment of the premises contained in the said recited grants made and
allotted to the said James Carson extended sixty two feet six Inches in front towards the
sea fifty three feet back seventy six feet ten Inches towards the North East and eighty three
feet nine Inches towards the south West as by a Survey and diagram thereof made and
signed by the said James Carson and John Hutchings well more fully and clearly appear
And whereas the said James Carson some time after the execution of the said recited
Indenture of lease and release departed this life And whereas in and by the last will
and Testament of the said James Carson deceased bearing date the twenty ninth day of
May which was in the year of our Lord One thousand seven hundred and eighty nine and
recorded in the proper Register Office and for the said Island of Grenada and its
dependencies the fourth day of July which was in the year of our Lord One thousand seven
hundred and ninety three the said James Carson amongst other devises and bequests
did

(487)

Did give and bequeath unto James Carson of Carmony, Belfast and Mary
Boyd his wife (his Father and mother) and to Elizabeth Carson his Sister German equally?
and the survivor or Survivors of them their heirs and a∫signs the whole remainder of
his Goods and Chattels, effects and Slaves, his lot of land in the Carenage with the houses
thereon erected and all other means and estates real and personal whatsoever belonging
unto him, or that may belong unto him at his death, as also all debts, dues and demands
then indebted or vesting to him or that may be owing to him at his death as by the said
recited will in the aforesaid Register’s Office recorded reference being thereunto have with
more full and at large appear And whereas the said Elizabeth Carson the Sister of
the said James Benson deceased has never since been heard of and the said Mary Car-
son the mother by the death of the said James Carson the Father became and was lawfully
intitled to one moiety of the said devised Premises by virtue of the above recited will of
the said James Carson her son deceased; And whereas in and by certain Indentures
of lease and release bearing date respectively the sixth and seventh day of October
which were in the year of our Lord One thousand seven hundred and ninety six, and
made or mentioned to be made between the said Mary Carson widow of the one Part
and the said James Park and Benjamin d’hariet Smith of the said Island of
Grenada merchants and partners in Trade under the firm of Park and Smith of the
other part It is witne∫sed that for the Consideration therein mentioned the said
Mary Carson did grant bargain sell remise release and confirm unto the said
Park and Smith all her right title and Interest in and to all the lot or parcel of
Ground before recited situate lying and being in that Part of the Town of Saint George
called the Carenage in the Island of Grenada aforesaid containing in front fifty
feet and extending backwards eighty feet or thereabouts more or le∫s bounded as before
mentioned together with her moiety or Proportion of all houses buildings and Improvements
thereon with their rights members and appurtenances and the reversion and reversions
remainder and remainders yearly and other rents I∫sues and Profits thereof and all the
estate right title Interest Claim and demand of her the said Mary Carson of in and to
the same or any Part thereof to hold the said premises thereby granted and released
unto the said Park and Smith their heirs and a∫signs for ever as Tenants in Common
and not as joint Tenants subject to the Payment of an annuity or yearly Sum of Seven
pound seven Shillings and sixpence Irish Sterling money by the said Park and
Smith during her natural life and to a moiety of such payments and Covenants as may
be required pursuant to the Tenor of the said Grants And whereas the said James
Park and Benjamin d’Harriette Smith are now in the actual po∫se∫sion of that moiety of
the premises mentioned in the hereinbefore first recited Grant and of that moiety of the
premises mentioned in the hereinbefore secondly recited Grant which were allotted to the said
James Carson upon the division hereinbefore mentioned being made and have agreed to sell
and

(488)

And convey the same unto the said Alexander Cockburn for the Consideration and in
Manner hereinafter mentioned; Now this Indenture witne∫seth that for and in Con-
sideration of the Sum of One Thousand Pounds lawful Current Money of the Island of Grenada
to them the said James Park and Benjamin d’Harriette Smith in hand well and truly paid
by the said Alexander Cockburn the receipt whereof the said James Park and Benjamin d’Har
riette Smith do hereby acknowledge and thereof and of every part thereof do and each of them
doth acquit release and discharge the said Alexander Cockburn his heirs executors administrators
and a∫signs for ever by these Presents They the said James Park Benjamin D’hariet
Smith have and each of them hath given granted bargained and sold aliened enfeoffed released
and confirmed and by thes Presents do and each of them doth give grant bargain sell
alien enfeoff release and confirm unto the said Alexander Cockburn his heirs and a∫signs
for ever all that the aforesaid lot piece or parcel of Ground situate lying and being in that
part of the town of Saint George aforesaid called the Carenage containing by admeasurement
five Thousand nine hundred and ninety four superficial Square feet and bounded on the
South East by the Carnage, on the north East by the Carpenter’s yard from only the Property
of Thomas Bennett deceased and afterwards of Samuel Hall deceased, on the North west by
the other lands on the po∫se∫sion of the said James Park and Benjamin D’Harriette Smith and
on the South West by lands late in the po∫se∫sion of John Hutchings deceased, and extending on
the South East sixty two feet six inches, on the North East ninety six feet six Inches, on the
North West one hundred and seven feet three Inches, with all and singular me∫suages dwel-
lin house Outhouses erections Buildings and Improvements thereon standing and made
with the rights members and appurtenances thereof and all ways Paths Pa∫sages waters
water courses xxxxxxxx easements Profits Commodities advantages emoluments and Heredi
taments whatsoever to the said lot Piece or parcel of land erections and buildings belonging or
in any wise appertaining or which now or heretofore have been accepted reputed taken known
used occupied or enjoyed to or with the same or as part of Parcel thereof or of any Part thereof
and the reversion and reversions remainder and remainders rents I∫sues and Profits of all and
singular the said Premises above mentioned and of every part thereof with the appurtenances
and also all the estate right Title Interest Claim and demand whatsoever of them the said
James Park and Benjamin D’harriette Smith of in and to the same every Part
and Parcel thereof with the appurtenances To have and To hold all and singular the said
lots Pieces or Parcels of land erections Buildings hereditaments and Premises above mentioned
and every Part and Parcel thereof with the appurtenances unto the said Alexander Cock-
burn his heirs and a∫signs forever to the use of the said Alexander Cockburn his heirs and
a∫signs for ever And the said James Park and Benjamin D’harriette Smith for themselves
their heirs executors and administrators do jointly and each of them for himself severally and
for his heirs executors and administrators doth covenant promise and agree to and with the
said Alexander Cockburn his heirs and a∫signs in manner and form following that is to
say that they the said James Park and Benjamin D’Harriette Smith or one of them their
Or

(489)

Or one of their heirs executors or administrators shall and will continue to pay or cause to be
paid the said annuity or yearly Sum of eleven Pounds seven Shillings and six pence Irish Ster
ling money to the said Mary Carson in and by the said recited Indenture of release required
during the term of her natural life And that he the said Alexander Cockburn his heirs
and a∫signs shall and may at all times for ever hereafter peaceably and quietly in his use?
have hold occupy po∫se∫s and enjoy all and singular the said Lot Piece or parcel of land erec
tions buildings hereditaments and Premises hereinbefore granted and enfeoffed or intended
so to be with the appurtenances without any let trouble hindrance molestation Interruption
or denial whatsoever of or from them the said James Park and Benjamin D’Harriette Smith
David Merril Melaliah Merril Mary Carson the mother Elizabeth Carson the Sister or any
of them their either or any their heirs or a∫signs or of or from the heirs or a∫signs of the said
James Carson the Son or James Carson the Father or of any other Person or persons whatsoever
having or lawfully claiming or to claim the hereby given and granted premises or any Part
thereof by from or under them or any of them and that freed and discharged or otherwise well
and sufficiently saved and kept harmle∫s and indemnified by the said James Park and Ben-
jamin d’Harriette Smith their heirs Executors and administrators of from and against all for
mer and other bargains sales Gifts leases releases Feoffments mortgages Jointures dowers
rights and titles of Dower uses wills Intails annuities writings Obligatory statutes recognizances
estates rights titles troubles and Incumbrances whatsoever had made committed done or suffered
or to be had made committed done or suffered or caused or to be caused to be had mad committed
done or suffered by the said James Park and Benjamin d’Harriette Smith the said David
Merril Melalial Merril James Carson the Son James Carson the Father Mary Carson Elizabeth
Carson or any of them their or any of their heirs or a∫signs or any other person or persons what
soever claiming or to claim by from or under them or any of them or by any other Person or Per
sons whomsoever except neverthele∫s the rent hereafter to accrue and in and by the said herein
before recited Grants reserved and payable our of the Premises hereby granted And further that
they the said James Park and Benjamin D’harriette Smith and the Survivor of them and his
and their heirs and all and every other Person or Persons having or claiming any estate right
title or Interest in the Premises hereinbefore granted and enfeoffed or any Part thereof by from or
under them the said James Park and Benjamin d’harriette Smith David Merril Melaliah Merril
James Carson the Son James Carson the Father Elizabeth Carson and Mary Carson or any of them
shall and will from time to time and at all Times hereafter upon the request that at the Costs
and Charges of the said Alexander Cockburn his heirs or a∫signs make do and execute or cause
and procure to be made done and executed all the every such lawful and reasonable act
and acts Thing and things Devise and Devises Conveyances and a∫surances in the law _____ _____
for the further better more perfect and absolute granting conveying and a∫suring of all and singular
the said premises above mentioned with the appurtenances unto the said Alexander Cockburn
his heirs and a∫signs for ever according to the true Intent and meaning of these Presents as by
the said Alexander Cockburn his heirs and a∫signs or his or their Counsel learned in the law
shall

(490)

Shall be reasonably advised or devised and required And the said Alexander Cockburn for
himself his heirs executors and admǒrs doth hereby covenant and agree to and with the said James
Park and Benjamin D’Harriette Smith jointly and each of them severally and to and with their and
each of their heirs that he the said Alexander Cockburn his heirs executors administrators and a∫signs
shall and will from time to time and at all Times hereafter pay and discharge as well one moi
ety of the rent to and by the said hereinbefore first recited Grant reserved and payable out
of the premises thereby granted ^and one moiety of the used? in and by the said premises? by _____ of _____ reserved and payable out of the premises thereby granted In Witne∫s whereof the said Benjamin D’harriette Smith hath
hereunto set his hand and Seal and also the hand and Seal of the said James Park by virtue
of a letter of attorney or deed Poll bearing date the eighth day of December in the year of our
Lord One Thousand eight hundred duly executed by the said James Park and fully authorizing
him so to do (as by the said letter of attorney or the record thereof remaining in the Register’s Office
of the said Island of Grenada reference being thereunto had will more fully and at large appear))
and the said Alexander Cockburn hath also set his hand and Seal the day and year first
above written
James (LS) Park
By his atty
B.D. Smith
B.D. (LS) Smith
Sealed and delivered in the presence of
Chas Miles
Jno. Thos. Proby Alex (LS) Cockburn
Received on the day and year first within written of and from the within named Alexan
der Cockburn the Sum of one thousand pounds Current money of Grenada being the amount of
the Consideration money within mentioned and agreed to be paid by him to us we say received
£1000.0.0 Curry
James Park by his Atty
B.D. Smith
Witne∫s Jno Thos. Proby
Be it remembered that on the day of the date of the within written deed full free and absolute
po∫se∫sion and livery of seizing was given and made by the within named Feoffers James Park
and Benjamin D’Harriette Smith to the within named Feoffers Alexander Cockburn of all and
singular the premises within mentioned To hold unto the said Alexander Cockburn his heirs
and a∫signs for ever according to the true Intent and meaning of the within deed by deliver of a
Clod of the earth of the within mentioned land in the Presence of M. Nowlan Daniel Lyson
Grenada
Acknowledged before me by Benjamin D’Harriette Smith as the attorney in the
name of and as and for the free and voluntary act and deed of James Park one of the parties to the
within Indenture of Feoffment and also by the said Benjamin d’harriette Smith the other party
to the said Indenture as and for his own free and voluntary act and deed this fifth day of March
One Thousand eight hundred and one.
JH Bromley Dept Register

On to the next one.

Enjoy,

Jim

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