Part 60s - GGG-Grandfather James Smith, Maybe - A Retired Shipwright, and A CoPartnership

14 September 2009

Afternoon,

Worked in the garden this morning... Something about being in the sun for a short time for the health. And then got into the pool with the dogs. The Labs, Tobi and Taylor, love the water of course. The insert is of Taylor when she was a puppy. She still goes to her floating mat and rides for a while, eight years later. The Rat Terriers, Tinker and Bella, have both learned how to swim to the steps to get out, and aren't as petrified as they first were.

And now the painstaking work begins. Transcribing Indentures... Trying to find the clues that made up the life of ggg-grandfather James Smith.

The first one was written, signed, and sealed in 1841. It's three pages, and I don't have to translate. It's English, all-things-being equal English that was written 168 years ago. The images are sometimes clear, but at times the ink has smudged and bled or the papers have discolored over the years.

I certainly would appreciate anyone's review and assistance. The blanks, "_____", represent words I cannot make out. A question mark, "?", at the end of a word represent my best guess. Any attempt and success, beyond my pair of eyes, please email me your efforts. Thanks.

The key words that stand out to me in this Indenture is what appears to be the nature of the partnership - "Copartners in the trade or business of ShipWrights to commerce..." The occupation of Shipwright may be an important clue. Also, it appears that, if this is ggg-grandfather James Smith, he had retired from the Copartnership on or about the 31st of December 1835.

And here goes...

This Indenture is from the microfilm FHL[1563330]; Register of records, 1837-1881 (v. Z2-G3), Supreme Court, Grenada.


My transcription --
354

Entered 16 October 1841

This Indenture made the fifteenth day of May in the
year of our Lord one thousand eight hundred and forty one Between
James Smith of the town of Saint George in the Island of Grenada Esquire of the
one part and Owsley Rowley and William Alexander Horne
of the same place Esquires Executors of the last Will and Testament of John
Mortimer late of the town and Island aforesaid Merchant of the other part
Whereas by certain Articles of Agreement indented bearing date the eighth day of
May in the year one thousand eight hundred and twenty nine and made on
expressed to be made between James Niccol therein described and since deceased
of the first part the said John Mortimer of the second part and the said
James Smith of the third part It is amongst other things Witnessed that they
the said James Niccol John Mortimer and James Smith should and would
become continue and be Copartners in the trade or business of ShipWrights to commerce
from the first day of January then last part and thenceforth for and during the
term of five years to be carried on at or upon certain premises therein described
situate in the said island purchased or agreed to be James Smith be them as
therein mentioned And Whereas the said James Smith retired from
the said firm or copartnership at the expiration of the said term of five years
_____ on the thirty first day of December one thousand eight hundred and
thirty five at which time divers debts and sums of money were due and owing to
and by the said firm be and to divers persons and by and to the said several
partners to and by each other or the said firm in respect of the _____ _____
and business of the said Copartnership And Wherein the said

John

355

John Mortimer departed this life on or about the tenth day of August
one thousand eight hundred and forty having made his last will and Testament
in writing or certain Testamentary Writings in the nature thereof and appointed the
said Owsley Rowley and William Alexander Horne Executors thereof and they
upon his death duly proved the said Will or Testamentary Writings in Grenada
before His Honor the Ordinary there And Whereas the said James Niccol
departed this life on or about the twenty third day of August one thousand eight
hundred and forty And Whereas the affairs of the said Copartnership have
never been closed and the rights and the liabilities of the said partners or their
Representatives as amongst themselves cannot now be ascertained without recourse
to legal proceedings and much expense and delay and in order therefore to avoid
litigation it hath been agreed between and by the said James Smith and
the said Owsley Rowley and William Alexander Horne as such Executors as
aforesaid to execute such release as hereinafter contained Now this Indenture
Witnesseth that in consideration of the premises the said James Smith for
himself his heirs executors and administrators Hath remised released and
forever discharged and by the presents Doth remise release and for ever discharge
unto the said Owsley Rowley and William Alexander Horne as such
Executors as aforesaid Have remised released and for ever discharge unto the
said James Smith his heirs executors and administrators all and all manner
of Actions and Suits sums of money debts dues accounts reckonings costs
damages expenses claims and demand whatsoever at Law or in Equity for or
in respect of the said Copartnership between the said James Niccol, John
Mortimer and James Smith or the property or Effects if the said Copart-
nership and all payments transactions acts matters and things made had or done
in the conduct or management of the same or otherwise in relation thereto In
Witness whereof the said parties to these presents have hereunto set their
hands and seals the day and year first above written,

Owsley Rowley (LS) W. A. Horne (LS) Js. Smith (LS)

Signed sealed and delivered by the said James Smith Owsley Rowley and the
said William Alexander Horne In the presence of

Alex. Aberdein Richd. Neckles?

Grenada

Before His Honor Ambrose Hayling Assistant Justice
of the Supreme Court of Jusiciture? of the Island
of Grenada and its Dependencies

Personally appeared Alexander Aberdein one of the subscribing Witnesses
to the forgoing Indenture who being duly sworn made Oath that he was
present together with Richard Neckles the other subscribing Witness thereto

and

356

And did see Owsley Rowley William Alexander Horne and James Smith
the parties executing the same duly severally and respectively sign seal execute
and deliver the same as and for their several and respective Acts and Deeds
and that in testimony of such due execution thereof as aforesaid they this deponent?
and the said Richard Neckles did severally set and subscribe their names as
witnesses to the execution of the same Indenture and the Deponent? further saith,
that the names or signatures "Owsley Rowley" ""W.A. Horne" "Jas Smith" sub-
scribed thereto as the parties executing the same and of "Alex Aberdeen" "Richd
Neckles?" as the Witnesses thereto are of the several and respective handwriting and
signatures of the said Owsley Rowley William Alexander Horne James Smith
Alexander Aberdein this Deponent and Richard Neckles whose signatures the
same purport to be.

Alex Aberdein

Sworn before me this nineteenth day of August 1841

Ambrose Hayling Aʃsistant Justice.


Enjoy,

Jim

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