Part 610s – Smith Robertson Genealogy – Indenture Research – 1800 James, Robert, and William Smith – Saint Patrick – Part 3 of 5

29 November 2011

Good day,

And here is the 3rd Part of my current Transcription work; Pages 15 through and including 20. Parts 1 and 2 are my Postings 608s and 609s.

This is part of my research and search for the origins of my ggg-grandfather James Smith. The Document is from the Grenada Registers of Records and all-things-being-equal I hope to find some lead that will answer the questions of my ancestry and origins. There are 43 occurrences of the surname Smith in this Document and Indenture.

From Item 3 of the microfilm FHL [1563378] here are the images.


My transcription -


15

One Thousand seven hundred and ninety-one and thereby released and a∫signed or intended to be released and a∫signed to or in use or in trust for the said William Lushington and James Law save and except the said several Pieces and Parcels of ground and Premises so contracted to be sold to the said Duncan Davidson and the said Charles Snell Chauncey respectively as after said And also of and in the said several debts of fifty-five thousand five hundred and thirty-eight Pounds eight shillings and one thousand seven hundred and seventy-four Pounds four shillings and nine pence and all other dead and debts due and owing upon the securities therein and hereinbefore mentioned to the said William Lushington and James Law as of and in all securities for the same sum and sums of money To hold the same (except as after said) unto and to the use of the said William Lushington his Heirs Executors Administrators and A∫signs according to the nature and qualities thereof respectively were the same real or personal to the intent that they said William Lushington his Heirs Executors Administrators and A∫signs might be seized and po∫se∫sed of the Intirety of the said hereditaments chattels and premises Subject neverthele∫s as therein mentioned and also subject to the Proviso or Condition for redemption of the same Premises thereinafter contained (that is to say) Provided always neverthele∫s and it is thereby covenanted declared and agreed by and between the said Parties to the said Indenture now in recital that if the said James Law his Heirs Executors or Adminis trators should from time to time and at all times thereafter keep indemnified the said William Lushington his Heirs Executors and Administrators of and from the payment of thesaid debt of eight thousand Pounds and interest to the said Peter Christopher Algehr and Ann his Wife and of from and against all the covenants mentioned on the part of the said William Lushington and in the said several articles of agreement of the twenty-seventh day of March one thousand and seven hundred and ninety-three and the day of one thousand seven hundred and ninety-four and also of and from and against the Payment of all and every the debts mentioned and specified in the Schedule thereunder written then and so soon as the said several sums of Money mentioned in the said Schedule thereunder written should be paid or satisfied or the said William Lushington his Heirs Executors and Administrators and his and their estate and defects should be discharged therefrom the said William Lushington his Heirs Executors and Administrators ∫hould at the request and at the proper costs and Charges of the said James Law his Heirs Executors Administrators or A∫signs well and effectually convey and a∫sign the Entirety of the said Plantations Pieces or Parcels of Land Me∫suages Buildings Fixtures negro and other Slaves debts sum and sums of Money or as much thereof as ∫hould remain due and owing and on received and all and singular other the Hereditaments and Premises thereby released and a∫signed or intended to be with their Appurtenances unto and to the use of the said James Law his Heirs Executors Administrators and A∫signs according to the nature and quality thereof But subject Neverthele∫s to such Equity of Redemption as the said Mortgaged Premises should then be subject to and also subject to the said in part recited Articles of Agreement of the thirty first day of August One thousand seven hundred and ninety-two the twenty-seventh day of March one thousand seven hundred and ninety-three and the day of one thousand seven hundred and ninety-four And Whereas by Articles of Agreement bearing date on or about the thirtieth day of may which was in the Year of our

Lord

16

Lord One thousand seven hundred and seventy-seven and made or expre∫sed to be made between the said Charles actual of the first part the said Alexander Scott of the second part the said James Law of the third part Patrick Crawford Bruce then and now a Partner with the said James Law of the fourth part and the said William Lushington party hereto therein described as William Lushington the elder and William Lushington the Younger and John Mavor of the City of London Merchants of the fifth part After reciting (amongst other things) that the said Alexander Scott after he attained the age of twenty-one Years confirmed the said recited Agreement of the thirty-first day of August one thousand seven hundred and ninety-two and on account of the short delivery of certain Stocks or other Effects belonging to the said estates agreed to make an allowance of one thousand five hundred Pounds thereby reducing the sd. sum of fifty-one thousand pounds the Purchase Money for the said Estates to forty-nine thousand five hundred Pounds It is by the said Articles of Agreement now in Recital Witne∫sed and the said Charles Ashwell and James Law (with the consent and Approbation of the said Alexander Scott) did mutually covenant declare and agree with and to each other and particularly the said James Law did for himself his Heirs Executors and Administrators covenant promise and agree with and to the said Charles Ashwell his Heirs Executors and Administrators that he the said James Law his Heirs Executors or Administrators should and would take upon himself the Performance of the said in part recited agreement of the thirty-first day of August one thousand seven hundred and ninety-two for the purchase of the said Plantations or Estates called Madeys and Belividere upon the same terms and conditions in every aspect as the said Charles Ashwell stood engaged by the said agreement to become the purchaser thereof but Purchase Money for the same Originally fifty-one thousand pounds been reduced to the said sum of forty-nine thousand five hundred Pounds as therein before mentioned And it is thereby agreed between the said Alexander Scott and James Law that in consideration of the said James Law a∫suming the performance of the agreement entered into by the said Charles Ashwell for the Purchase of the said Estates thereinbefore mentioned he the said Alexander Scott his Executors or Administrators should and would allow the said James Law his Heirs Executors or Administrators the sum of five thousand Pounds Sterling on account of the Injury done to the said Estates and the then late Insurrections and troubles in the said Island of Grenada and that the said sum of five thousand Pounds should be added to and thereafter come pose part of the Balance due to the said late Partnership of Lushington and law from the Estates of the said Michael Scott deceased And it is thereby further agreed between the said Alexander Scott and James Law that in stating and ascertaining such last mentioned balance the rate of Interest thereon from the first day of July one thousand seven hundred and ninety-six to the first day of July one thousand seven hundred and ninety-seven ∫hould be calculated at the rate of five Pounds percent per Annum only And it is thereby also agreed between the said Charles Ashwell and James Law that the said Charles Ashwell should pay or allow to the said James Law the sum of One thousand five hundred Pounds Sterling for the purpose of putting the Erections and Buildings upon the said Plantations or Estates in good and sufficient repair and making good such damage as the same had suffered since the said Charles Ashwell had been in the Po∫se∫sion thereof and that the said sum of one thousand five hundred Pounds should be paid by Installments as thereinafter mentioned And it is by the said Articles of Agreement now in recital further covenant is declared and agreed between and by the said Charles Ashwell and James Law that

in

17

In Case any Compensation should thereafter be made by the Parliament of Great Britain or the Legislature of the said Island of Grenada to the sufferers by those then late insurrections and troubles in the said Island and any part of such Compensation should be allotted in respect of the damages and lo∫ses which had been done to and sustained by the said Estates called Madeys and Belividere or either of them they and in that case it is thereby referred to John Ingles George Able and William Manning Arbitrators therein named or any two of them to ascertain and determine in what proportion the compensation which ∫hould be so made as therein before mentioned should be divided between the said Parties the lo∫s of the said Alexander Scott by the said Insurrections and troubles being taken at the said sum of five thousand Pounds and that each of them the said Charles Ashwell and James Law should be bound and concluded by such Award and decision as the said Arbitrators or any two of them should make touching and concerning the matters and things thereby agreed to be referred to them And Whereas there is now due and owing to the said James Law on the first day of July one thousand seven hundred and ninety-six upon or by virtue of the said recited securities so transferred to him and the said William Lushington party hereto in and by the said hereinbefore in part recited Indentures of Lease and Release of the twenty-eight and twenty-nine days of July one thousand seven hundred and ninety-one as after said and to which the said James Law is now become solely intitled as aforesaid over and above the said sum of two thousand Pounds residue of the said sum of eight thousand Pounds but from which said sum of forty-six thousand eight hundred and forty-six Pounds fourteen ∫hillings and eleven pence the said James Law deducted the sum of forty-four thousand eight hundred and twenty-eight Pounds sixteen shillings and eight pence the ballance of the said sum of fifty-one thousand Pounds so agreed to be paid for the Purchase of the said Estates called Madeys and Belividere after allowing the said sum of one thousand five hundred Pounds and divers other Payments made by the said James Law whereby the said sum of forty-six thousand eight hundred and forty-six Pounds fourteen shillings and eleven pence was reduced to the sum of two thousand and sixteen Pounds eighteen shillings and three pence exclusive of the said sum of five thousand Pounds so agreed to be allowed for the injuries done to the said Estates of Madeys and Belividere as aforesaid and which was to be a charge on the said Plantation called Bolongne and Union and the said Alexander Scott and James Law agreed that the sum of forty-four thousand eight hundred and twenty-eight Pounds sixteen shillings and eight pence should be retained by said James Law in satisfaction and discharge of so much of his said Mortgage Debt of Forty-six thousand eight hundred and forty-six Pounds fourteen shillings and eleven pence And Whereas there was due and owing from the said Alexander Scott to the said James Law for principal and Interest on the first day of January in the Year one thousand eight hundred the sum of thirty-one thousand three hundred and fifteen Pounds one shilling and three pence including the said Balance of two thousand and seventeen Pounds eighteen shillings and three pence and also the allowance of the said sum of five thousand Pounds for the Injuries done to the Estates of Madeys and Belividere as aforesaid and likewise the said sum of two thousand Pounds residue of the said sum of eight thousand Pounds by the said Mortgage paid and which said sum of thirty-one thousand three hundred and fifteen Pounds one shilling and three pence and the interest thereof together with the sum of forty-six thousand Eight hundred and forty-six Pounds shillings and eleven pence including

the

18

The said sum of six thousand pounds part of the said principal sum of eight thousand Pounds shall be charged upon the Boulogne Estate as hereinafter mentioned and the Jointure of the said Marthé Cornette Victoire De St. Cyr Scott and the said Portions of four thousand Pounds piece bequeathed by the Will of the said Michael Scott deceased to thesaid Mary Ann Scott, Scott Francis Scott and Robert Bygoe Scott together with certain other charges and incumbrances shall remain and be charged upon the said plantation Hereditaments and Premises called the Boulogne Estate which by certain Indentures of Lease and Release the ^Lease bearing date the day next before the day of the date of the Release and Release bearing even date herewith already executed have been vested in the said James Law upon trust and by way of security for and indemnity against such remaining debt and interest jointure portions charges and encumbrances respectively And Whereas the said William Lushington party hereto hath consented and agreed to join in conveying and a∫suring thesaid Plantations and Premises called Madeys and Belvidere Estates in manner hereinafter contained And Whereas the said Mary Ann Scott, Scott and Francis de Chilers and Robert Bygoe Scott have respectively attained the age of twenty-one Years and they as also the said Joseph Pierre Alexander Quarré De Chilers have at the request of the said Alexander Scott and to obviate any doubt which might be entertained with respect to the said to plantations Hereditaments and Premises called Madeys and Belvidere remaining liable to the Payment of their said Portions of four thousand Pounds apiece agreed to join in these presents and a∫sent to the conveyance intended to be hereby made in manner hereinafter mentioned And Whereas it is understood and agreed between all the said Parties to these presents that thesaid Plantations and Premises called the Madeys and Belvidere Estates shall be conveyed and a∫sured in manner hereinafter mentioned subject to the performance of the said two hereinbefore in part recited agreements of the twenty-seventh day of March One thousand seven hundred ninety-three and the day of One thousand seven hundred and ninety-four for the Purchases of parts thereof by the said Duncan Davidson and Charles Snell Chauncey respectively as after said the said James Law having undertaken to perform the same agreement as after said and having reserved for his own separate use pursuant to terms of the di∫solution of the said late Copartnership between him and the said William Lushington party hereto the said sums of eight thousand Pounds and two thousand Pounds respectively mentioned in the said Articles of Agreement of the twenty-seventh day of March one thousand seven hundred and ninety-three and day of one thousand seven hundred and ninety-four as after said from the said Duncan Davidson and Charles Snell Chauncey and that both the said plantations called Madeys and Belvidere Estates shall be conveyed and a∫sured as hereinafter mentioned subject to the said Agreement of the thirteenth day of May One thousand seven hundred and ninety-seven so far as the same relates to any compensation which the Parliament of Great Britain or the Legislature of the said Island of Grenada may make to the Proprietors of the same Plantations in respect of the Lo∫ses sustained by the late Insurrections in the said Island as aforesaid And Whereas the said James Law is desirous that the said to plantations called Madeys and Belvidere Estates and the Slaves and live and dead Stock thereon and intended to be hereby released should be conveyed and a∫sured in manner hereinafter expre∫sed in order to prevent any Wife of him the said James Law becoming dowable thereof Now this Indenture Witne∫seth that

in

19

In pursuance of the said recited Articles of Agreement of the thirtieth day of May One thousand seven hundred and ninety-seven and the several other Agreements hereinbefore mentioned and for the purpose of barring and extinguishing all estates tail and reversions and remainders thereupon expectant of and in the said Plantations and Estates called Madeys and Belividere and the Negroes live and dead Stock thereon and intended to be hereby release created limited or devised in and by the said in part recited Will of the said Michael Scott deceased or otherwise howsoever and for conveying and a∫suring the fee simple and inheritance of and in the same Premises To the Use and upon the Trust hereinafter limited and directed of and concerning the same and for and in consideration of the sum of forty four thousand and eight hundred and twenty-eight Pounds sixteen shillings and eight pence of lawful money of Great Britain by the said James Law (by the direction and with the consent and approbation of the said William Lushington party hereto Alexander Scott Marthé Cornette Victoire De St. Cyr Scott Mary Ann Scott Emma Scott Robert Bygoe Scott Joseph Pierre Alexander Quarre De Chilers and Frances his Wife testified by their severally being Parties to and respectively executing these presents) retained in satisfaction and discharge of so much of the said debt or sum of forty-six thousand eight hundred and forty-six Pounds fourteen ∫hillings and eleven pence so due and owing to him from the Estate and Effects of the said Michael Scott deceased under or by virtue of the several securities hereinbefore mentioned and now of vested in the said James Law as after said which said sum of forty-four thousand eight hundred and twenty-eight Pounds sixteen ∫hillings and eight pence He the said James Law doth hereby acknowledged to be in satisfaction and discharge of so much of the said debt or sum of forty-six thousand eight hundred and forty-six Pounds fourteen shillings and eight pence and thereof and of and from the same and every part thereof doth acquit release and discharge the said Alexander Scott his Heirs Executors Administrators and A∫signs and every of them for ever by these Presents and in consideration of the sum of ten ∫hillings of like lawful money by thesaid Townley Ward to the said William Lushington party hereto Sir Charles Kent and Dame Mary his Wife Ann Verelst Ann Wordsworth William Smith Alexander Scott Marthé Cornette Victoire De St. Cyr Scott and James Law in hand paid at or before the sealing and delivery of these Presents (the Receipt whereof is hereby acknowledged) he the said William Lushington party hereto at the request and by the direction of the said James Law and Alexander Scott and with the consent and approbation of the said Marthé Cornette Victoire De St. Cyr Scott Mary Ann Scott Emma Scott Robert Bygoe Scott Joseph Pierre Alexander Quarre De Chilers and Francis his Wife (testified by their severally being parties to and respectively executing these presents) Hath bargained sold aliened released and confirmed and by these Presents Doth bargain sell alien release and confirm the said Sir Charles Kent and Dame Mary his Wife Ann Verelst Ann Wordsworth and William Smith by and with the like direction consent and Approbation testified as aforesaid and according to their respective estates and Interest therein Have and each and every of them Hath bargained sold aliened released and confirmed and by these presents Do and each and every of them Doth according to their respective estates and interest therein bargain sell alien release and confirm And the said

Marthé

20

Marthé Cornette Victoire De St. Cyr Scott at the request and by the direction of the said William Lushington party hereto James Law and Alexander Scott and with the consent and approbation of the said Mary Ann Scott Emma Scott Robert Bygoe Scott Joseph Pierre Alexander Quarre De Chilers and Francis his Wife (testified as aforesaid) and to the intent and purpose that the said Plantations and Hereditaments called Madeys and Belividere and the Negroes live and dead new line Stock thereon and intended to be hereby released May henceforth remain and be discharged of the Jointure settled upon her the said Marthé Cornette Victoire De St. Cyr Scott under or by Virtue of the said Deed or Instrument of the nineteenth day of November one thousand seven hundred and sixty-five and of all claims on account thereof Hath bargained sold aliened released and confirmed and by these Presents Doth bargain sell alien release and confirm and the said James Law (at the request and by the direction of the said William Lushington party hereto and Alexander Scott and with the consent and approbation of the said Marthé Cornette Victoire De St. Syr Scott Mary Ann Scott Emma Scott Robert Bygoe Scott Joseph Pierre De Chilers and Frances his Wife testified as aforesaid) Hath aargh and sold aliened released and confirmed and by these presents Doth bargain sell alien release and confirm And the said Alexander Scott (at the request and by the direction of the said William Lushington party hereto and James Law and with the consent and approbation of the said Marthé Cornette Victoire De St. Cyr Scott Mary Ann Scott Emma Scott Robert Bygoe Scott Joseph Pierre Alexander Quarre De Chilers and Frances his wife testified as aforesaid) Hath granted bargained sold aliened released ratified and confirmed And by these Presents Doth grant bargain sell alien release ratify and confirm unto the said Townley Ward (in his actual po∫se∫sion now being by virtue of a bargain and Sale to him thereof made by the said William Lushington party hereto Sir Charles Kent and Dame Mary his Wife Ann Verelst Ann Wordsworth James Law Alexander Scott Marthé Cornette Victoire De St. Cyr Scott for five shillings consideration by Indenture bearing date the day next before the day of the date of these Presents for the term of Year commencing from the day next before the day of the date of the same Indenture of Bargain and Sale and by force of the Statute made for transferring uses into Po∫se∫sion) and to his Heirs and A∫signs All that Sugar Plantation Piece or parcel of Land commonly called or Known by the name of Madeys situate lying and being in the Parish of St. Patrick in the said Island of Grenada containing by estimation two hundred and forty Acres of Land be the same more or le∫s with all and singular the lands added to the Original purchase thereof and now worked and occupied as part of the same Plantation butted and bounded in the front of the great River of St. Patrick in the near by the Lands now or heretofore of the Heir of William Snell Esquire deceased On one side by the lands now or heretofore of Me∫s Renoker? and Harvey and on the other side by the Lands of the Plantation called Lafortune now or late in the Occupation William Irvin Esquire or howsoever otherwise the said Plantation of Madeys may be butted or bounded lying or being And also All that Track of Woodland and Provision called Levera lying in the said Parish of Saint Patrick and containing by estimation One hundred and twenty-eight Acres of Land more or le∫s And also All that other Coffee and Sugar Plantation (formerly of Lawrents) heretofore purchase by the said Michael Scott called or known by the name of Belividere situate lying and being in the said Parish of St. Patrick containing by Estimation two hundred and twenty acres of Land were the same more or le∫s butted and bounded towards the North and North East by Lands now or heretofore Lands of Rucker and Harvey towards the East and South East by Mount Rose Plantation now or heretofore belonging to the Heirs of Herbert towards the South by

Mount Riche

And on to Part 4 of 5...

Enjoy,

Jim

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