Part 626s – Smith Robertson Genealogy – 1799 Robert Smith (Entered 1801) – Grand Roi and Mon Plaisir Estates, Saint John – Part 1 of 2

17 January 2012

Good Day,

In my continued sear and research for the origins and genealogy of my ggg-grandfather James Smith at times I chance upon a name, aka surname, that sort of catches my eye. And just before I go any further, this Document appears to be a followup to the previous one that only includes the name Robert Smith.

The name that has caught my eye is that of "Marryat". I wonder if it my have been an original format of the current name "Marriot"? Just thinking our loud. Anyway from A Genealogical and Heraldic History of the Colonial Gentry by Sir Bernard Burke, C.B. LL.D… Vol. II, edited by Ashworth P. Burke. London, 1895, I discovered information that more than likely is of the same Joseph and Samuel Marryat, which are names included in this Document.

Here are the first five Pages of the 1799 Document which appears to be a schedule of payment options and choices. The name Robert Smith appears as Legal Counsel. Once again there does not appear to be any immediate connection to ggg-grandfather James Smith.

Here are the images of Pages 105 through and including 109 as downloaded from the Grenada Registers of Records and Item 3 of the microfilm FHL [1563378].


My Transcription -

105

Entered 11th May 1801

This Indenture made the ninth day of January in the thirty ninth 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 in the Year of our Lord One thousand seven Hundred and ninety nine Between Joseph Marryat of New Bridge Street Blackfriars in the City of London Merchant of the one part and William Postlethwaite of the Island of Grenada in the West Indies Planter of the other part Whereas by Indenture of Demise or Mortgage bearing date the fifth day of March One thousand seven hundred and eighty seven and made or mentioned to be made between Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier by their several descriptions therein mentioned of the one Past and Thomas Harrison (since deceased) and Henry Poole (then Partners in Trade with the said Thomas Harrison) by their several descriptions therein also mentioned of the other Part After reciting as therein is recited A certain Plantation and Premises called Grand Roi situate in the said Island of Grenada together with the Negroes Slaves Cattle Live and Dead Stock Utensils and Implements thereto belonging with the Appurte nances were duly granted and demised by the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier unto the said Thomas Harrison and Henry Cole their Executors Admõrs and A∫signs for the term of One Thousand Years And by the same Indenture A Certain other Plantation and premises called Mont Plaisir situate in the said Island with the Negroes Slaves Cattle Live and Dead Stock Utensils and Implements thereto belonging with the Appurtenances were also duly granted and demised by the said Marie Madelaine Coulon Mariecheau unto the said Thomas Harrison and Henry Poole their Executors Admõrs and A∫signs for the term of Eight hundred Years And by the same Indenture certain Negro Slaves therein mentioned with the I∫sue and Increase of the Females of the said Slaves were duly granted and demised by the said Jean Baptiste Ollivier unto the said Thomas Harrison and Henry Poole their Executors Admõrs and A∫signs for the term of five hundred Years subject to a Proviso for making void the said Indenture on Payment by the said Marie Madelaine Coulon Mariescheau and Jean Baptiste Ollivier or either of their or either of their Heirs Executors or Admõrs unto the said Thomas Harrison and Henry Poole their Executors Admõrs of the sum of twenty

Thousand

106

Thousand Pounds of lawful Money of Great Britain with Interest for the same (and also of the sum of nine hundred and seventeen Pounds five ∫hillings being the balance of an Account Current therein mentioned) making in the whole both Principal and Interest the sum of twenty six thousand nine hundred and twenty six pounds five shillings by Eight yearly Instalments payable on the first day of September in each and every Year in manner therein mentioned And Whereas the said Marie Madelaine Coulon Mariecheau and Jean Baptist Ollivier did at the same time enter into and execute to the said Thomas Harrison and Henry Poole eight several Bonds or Obligations in Writing bearing date respectively the said fifth day of March one thousand seven hundred and eight seven for securing payment of the said several Instalments and Interest And Whereas the said Thomas Harrison departed this Life on or about the thirty first day of December one thousand seven hundred and ninety one having previously a∫signed his share and Interest in the said Monies to the said Henry Poole and having also fist duly made and published his last Will and Testament in Writing bearing date the sixteenth day of February one thousand seven hundred and ninety and thereby constituted and appointed the said Henry Poole together with James Clarke Satterthwaite Esquire Executors thereof which said Will hath since his Death been duly proved by the said Henry Poole alone in the Prerogative Court of the Archbishop of Canterbury And Whereas the dour first of the said Yearly Instalments were paid and discharged by the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier and the four Bonds corresponding with such Instalments were delivered up to be cancelled but the four last of such Instalments not being paid thesaid Henry Poole in or about the Month of December one thousand seven hundred and eight five made up an Account of the Principal Money and Interest then due on the said Mortgage and unsatisfied Bonds whereby it appears that there was then justly due and owing to the said Henry Poole as surviving Mortgagee and Partner as aforesaid from the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier the sum of fourteen thousand and thirty one Pounds ten ∫hillings and eight pence of lawful Money of Great Britain And Whereas the said Henry Poole as such surviving Mortgagee and Partner as aforesaid in or about the said Month of December One thousand seven hundred and ninety five duly executed a Power of Attorney to Edmund Thornton Duncan Campbell and John Orr of the said Island of Grenada Esquires thereby authorizing them to institute such proceedings at Law and in Equity as might be proper for settling the said Mortgage Account and for recovering the Payment thereof out of the said Mortgaged Premises and certain proceedings have been since had thereon accordingly and the same are now depending in the Courts of the said Island And Whereas thesaid William Postlethwaite previously to the Institution of such proceedings entered into Po∫se∫sion of the said Plantation and Premises called Grand Rio and then was and still is in the receipt of the receipt of the Rents Profits and Produce thereof And Whereas by certain Articles of Agreement bearind date the twentieth day of July one thousand seven hundred and ninety eight and made or mentioned to be made between the said Henry Poole of the first part the said William Postlethwaite of the second part and the said Joseph Marryat of the third part After

reciting


107


Reciting as or to the effect hereinbefore recited And reciting that the said William Postlethwaite had through the said Joseph Marryat made proposals to the said Henry Poole for paying off the said Mortgage and taking on A∫signment thereof but such proposals not being acceded to other proposals in lieu thereof had been made and agreed to between the said Henry Poole and Joseph Marryat at as thereinafter mentioned subject neverthele∫s tp the confirmation thereof by the said William Postlethwaite It is by the said now reciting Articles Witne∫sed and the said Parties thereto did Mutually ^_____ or themselves their Heirs Executors and Administrators each with the other and others of them and the Executors and Administrators of the other and others of them (amongst other things) as follows that is to say first That the Principal Monies and Interest due upon the said Mortgage and Bonds such Interest being computed to the first day of September then next and now last past amounting in the whole by the account thereon indorsed to the sum ‘ of Sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid by the said William Postlethwaite to the said Henry Poole at the times and in manner following vizt the sum of six thousand three hundred and nineteen Pounds seventeen Shillings and four pence should be paid down to the said Henry Poole his Executors Administrators or A∫signs at the time thereinafter mentioned and the sum of ten thousand Pounds residue of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid down to the said Henry Poole his Executors Administrators or A∫signs at the time Hereinafter mentioned and the sum of ten thousand Pounds residue of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid within the space of ten Years from the ∫aid first day of September then next by ten equal annual Instalments Payable on the first day of September in every Year to each and every of which said Instalments should be added the Interest then due on the remainder of the said Principal sum of ten thousand Pounds such Interest being computed at the rate of five Pounds per Cent per Annum Secondly That the Payment of such Instalments (comprehending both Principal and Interest) should be paid or secured to be paid by Bills of Exchange to be drawn by the said William Postlethwaite upon and to be accepted by the said Joseph Marryat payable to the said Henry Poole or Order? Thirdly That as a further or Collateral Security for the due and punctual Payment of such Bills according to the tenors thereof respectively the said Joseph Marryat should and would at any time on Demand from and after such Notification should be made or given to him as thereinafter mentioned transfer and A∫sign unto and in the Names of four responsible Persons two to be nominated by the said Henry Poole and the other two by the said Joseph Marryat the Capital sum of twenty thousand Pounds three per Cent Consolidated Bank Annuities Upon the Trusts following that is to say In Trust to pay the Dividends and Interest thereof from time to time to the said Joseph Marryat and his A∫signs for his and their own use and benefit And upon further Trust when and as any of such Bills of Exchange ∫hould be duly paid and discharged to transfer and rea∫sign to the said Joseph Marryat his Executors Administrators or A∫signs one tenth part

of


108


Of the said Capital sum of twenty thousand Pounds three per Cent Consolidated Bank Annuities But in case any one or more of the said Bills of Exchange should not be paid or and when the same should become due and payable Then In Trust by and out of the Dividends of the said Stock and by sale of so much of the Capital of the said Stock as should be nece∫sary for that purpose to pay and discharge such Bill or Bills of Exchange with all Charges and Expenses attending the NonPayment thereof and that such Trustees should be a proper Deed or Instrument in Writing declare the Trusts thereof accordingly fourthly That is case is should not be convenient to the said William Postlethwaite to pay down so large a sum as the sum of six thousand three hundred and nineteen Pounds seventeen shillings and four pence then that the sum of four thousand three hundred and nineteen Pounds seventeen shillings and four pence of like lawful Money should be paid down by him to the said Henry Poole in part Payment of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence and Interest and that the remainder thereof should be paid or secured to be paid by the said William Postlethwaite to the said Henry Poole within seven Years from the first day of September then next by seven equal annual Instalments payable as therein mentioned and the Payment thereof to be secured as therein also mentioned fifthly That the said William Posthelwaite should have the option of determining which of the said two modes or Plans of Payment he would adopt such Option to be declared to the said Attornies of the said Henry Poole within thirty days next after the said Articles of Agreement should be shown and presented to him for the Execution thereof and that within ten days next after such option should be declared the said William Postlethwaite should and would draw Bills of Exchange upon the said Joseph Marryat (payable to the said Henry Poole or Order) corresponding with the said Articles and the mode or plan of Payment so adopted by the said William Postlethwaite Sixthly that upon Notification being made or given to the said Joseph Marryat and Henry Poole of the mode or plan of Payment which should have been adopted by the said William Postlethwaite and upon Receipt of the said Bills of Exchange in England the said Articles so far as respected the said Joseph Marryat and Henry Poole should immediately thereupon be carried into full and comple__ effect Seventhly that all Expenses which should have been incurred by the said Henry Poole in the said Island touching the commencing and prosecuting of any Suit or Proceedings in Justice of the said Letter of Attorney of any Instructions since given by him to his said Attornies in respect of the said Mortgage and Bonds as also the Commi∫sion chargeable by or payable to his said Attornies on account thereof should be advanced and paid to him by the said William Postlethwaite with Liberty to the said William Postlethwaite to charge the same against the said Mortgage Premises it being the true intent and meaning of the said Articles of Agreement now in recital that the said Henry Poole should receive Payment of his sd Mortgage Debt and Interest in manner aforesaid free of all charges and expenses whatsoever Eighthly that when such Option should have been determined and notified such payments made and such Securities given as aforesaid the said Henry Poole should and would at the Costs and Charges of the said William Postlethwaite and Joseph Marryat duly a∫sign and make over unto them or one of them or to such Person or Persons as they should direct or appoint all his Right Title and Interest as surviving Mortgagee and Partner as aforesaid of and in the said Mortgage Debt and Interest and of all Securities for the Payment thereof And also should and would give and execute full and irrevocable Power and

Authority


109


Authority to them or either of them or to such person or persons as aforesaid to take such steps as might be nece∫sary or proper for establishing the said Mortgage account or debt and for recovering Payment thereof as also for foreclosing the Equity of Redemption of and in the said Mortgaged Premises He the said Henry Poole his Executors and Administrators being fully indemnified by the said William Postlethwaite and Joseph Marryat from and against all Costs Charges and Expences whatsoever which should or might be incurred in or about any Proceedings to be instituted for all or any of the Purposes aforesaid as in and by the said in part recited Indenture of Demise or Mortgage duly recorded in the Register’s Office of the said Island of Grenada and the said Bonds and Articles of Agreement reference being thereunto respectively had may more fully appear And Whereas the said William Postlethwaite did in pursuance and part performance of the said Articles on his part and with the Time thereby limited declare to the said Attornies of the said Henry Poole the Option given to him by the said Articles and did determine to adopt the first of the said two modes or plans of payment mentioned in the said Articles and in pursuance of such his Option and Determination did within the time limited for that purpose draw ten several sets of Bills of Exchange upon the said Joseph Marryat (payable to the said Henry Poole or Order) for Payment of the ten annual Installments and Interest comprised in the said Mode or Plan of Payment so adopted by him as aforesaid and corresponding therewith and with the said Articles And Whereas Notification hath been duly made or given to the said Joseph Marryat and Henry Poole of the mode or plan of Payment as adopted by the said William Postlethwaite and the said several sets of Bills of Exchange have been transmitted to and received by the said Joseph Marryat in England And Whereas the said Joseph Marryat hath at the request of the said William Postlethwaite in further pursuance and performance of the said agreement on the part of the said William Postlethwaite this day advanced and paid to the said Henry Poole the said sum of six thousand three hundred and nineteen Pounds seventeen shillings and four pence And also the further sum of One hundred and twelve Pounds ten shillings and ten pence (being the Interest thereof from the said first day of September last to the day of the date of these presents and likewise the further sum of One hundred and Eight Pounds at which it was consented and agreed between the said Henry Poole and Joseph Marryat that the charges and expenses incurred by the said Henry Poole in the said Island touching the Suits or Proceedings instituted in pursuance of the said Letter of Attorney and the commi∫sion payable to his said Attornies thereon should be finally ascertained and liquidated such three several Sums making in the whole the sum of Six thousand six hundred and twelve Pounds eight shillings and two pence And Whereas the said Joseph Marryat hath in pursuance and performance of the said Agreement on his part duly accepted the said several Bills of Exchange and hath delivered over the same s accepted to the said Henry Poole and for better securing the payment thereof when and as the same shall become due and payable the said Joseph Marryat hath also in further pursuance and performance of the said Agreement on his part this Day transferred and

A∫signed

On to Part 2.

Enjoy,

Jim

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