Part 61s - 1843 - GGG-Grandfather James Smith Last Will and Testament

15 September 2009

Good Morning,

The document that I am transcribing today is the Last Will and Testament of ggg-grandfather James Smith. It is dated 15 February 1843 and entered 21 February 1843. I've updated the James Smith Descendant Chart as follows:



GGG-grandfather James' Last Will and Testament was found on the microfilm FHL[1563330]; Register of records, 1837-1881 (v. Z2-G3), Supreme Court, Grenada.



My transcription of four pages --
502

Entered 21st February 1843

In the name of God Amen I James Smith of Good
Hope in the parish of Saint George in the Island of Grenada Esquire being
of sound mind memory and undertaking but mindful of the uncertainty of
human life do make this my last will and Testament in manner and form
following that is to say I desire that all my just debts and funeral and testa-
mentary expenses may be paid as soon after my decease as may be convenient by
my Executors hereinafter named and I hereby direct that that? the fund not of
which the same shall be paid shall (if sufficient) be any sums due to me from
any debtors, as well as any sums of money which shall be at my Credit in the
Books of the West India Bank in this Island at the time of my decease I give
devise and bequeath unto my dear wife Mary Ann Smith All that my Estate
of Good Hope aforesaid situate in the said parish of Saint George with all the
furniture Plate Line China and other household goods which may be in the
same at the time of my death together with all Cattle Mules and other live
stock attached to the said Estate or which may be thereon at the time of my
death Also all that my freehold messuage or tenement situate in the town
of Saint George in the said Island of Grenada in the Market Square and _____
in the tenure or occupation of Thomas McEwen. To hold the _____ to
her and her assigns for and during the terms of her natural life subject
to the payment of the sum of Five pounds annually to Mary Smith

the

503

The reputed daughter of my son George Smith for and during the term of
her natural life, and the further sum of Eight pounds annually to each of
my daughters Sophia Ventour and Mary Steele during their natural lives
and after the decease of the said Mary Ann Smith I give devise and
bequeath unto my son James Smith and to his heirs and assigns
for ever All that my said Estate called Good hope subject to the annuity
of Five pounds bequeathed to Mary Smith, also one half of may furniture
Plate Linen China and other Household Goods and one half of my Cattle
Mules and other live stock attached to the said Estate of Good Hope and I
give devises and bequeath unto my said Son Thomas Smith and to his heirs and
assigns for ever All that my said House and lot in the Market Square at
presently in the tenure or occupation of Thomas McEwen subject to the several
annuities of Eight pounds each bequeathed to my daughters Sophia Ventour
and Mary Steele and the other half of my furniture Plate Linen China and
other household Goods and Cattle Mules and other live stock attached to
the said Good Hope Estate I give devise and bequesth unto my said son Thomas
Smith his heirs and assigns for ever All that my freehold messuages and
tenement situate in Young Street in the town of St. George with the Shop thereunto
attached and now in the occupation of George Rutherford and John Gibbs. I give
devise and bequeath to my said son James Smith his heirs and assigns
All that my freehold messuage or tenement situate in Scott Street in the said
town of St. George together with the lot piece or parcel of land now used as a
work Shop with all other the outbuildings thereto attached and which were
purchased by me from the late James Bain together with all the Lumber
Tools and other implements of Trade which are now on the same Subject
nevertheless to the annuity and Legacies hereinafter mentioned vix?. To my son
Henry Smith a clear yearly sum of Forty pounds to be paid to the said
Henry Smith quarterly during his life. To my Godsons Robert Guthrie,
James Steele son of Richard Steele Esquire of Green Hill, to James Steele
son of George Steele of the said town of Saint George and to my God
daughter Frances McEwen the wife of Thomas McEwen Esqe and Mary
Ann Smith daughter of the late Frank Smith the sum of Six pounds
each. I give devise and bequeath unto my said Son Thomas Smith All
that my Estate in Charlotte Vale situate in the parish of Saint David
in the said Island of Grenada with the buildings thereon erected and all
and singular the appurtenances thereto belonging. I give devise and bequeath
to Benjamin Ventour James Smith and Alexander Bain their heirs and
assigns All that my other Freehold messuage or tenement situate in Scott
Street aforesaid formerly occupied as the Colony hospital Upon Trust to pay out of
the parts thereof the sum of Twenty pounds to my son George Smith and to
pay my Sister Betsey La Grenade the sum of Sixteen pounds annually

during

504

During the term of her natural life and the like sum of Sixteen pounds
annually to my son Thomas Smith during the term of his natural life
And upon further Trust that after payment of the said Annuities my said
Trustees Benjamin Ventour James Smith and Alexander Bain whom I also
nominate constitute and appoint Executors of this my last Will and Testament
do employ any rest residue or remainder of the rents to be received from the said
House in keeping the same in repairs or in the improvement thereof at the
discretion of my said Trustees. And from and after the decease of my said
son Thomas Smith and my Sister Betsey La Grenade I give devise and bequeath
the said Messuage or Tenement lot piece or parcel of land unto the Children of
my daughter Mary Steele by her present Marriage as shall be living at the
time of either of the above events happening their heirs and assignes equally share
and share alike as tenants in common and not as joint tenants. I give
devise and bequeath to my Grand daughter Madelaine Ventour One half of the
Shares which I possess in the Capital Stock of the West India Bank and
the remaining half thereof I give and bequeath to Louis La Grenade Esqr. I give
and bequeath to Benjamin Ventour my Gold Watch Chain and Seals. I give
and bequeath unto my friend Alexander Couper his choice of one of my
Milch Cows at Good Hope. I give and bequeath unto Alexander Bain the
Clothes Press which I have in the Town of Saint George and my copy of the
Encyclopedia Britannica contained in Twenty Volumes. And I do hereby revoke
all former and other Wills be me at any time heretofore made and declare
this to be my last Will and testament. In Witness whereof I the said Testator
James Smith have to this my last Will and Testament set my hand and
seal the ninth day of December in the year of our Lord one thousand eight
hundred and forty two.

Js Smith (LS)

Singed sealed published and declared by the said testator as and for his
last Will and Testament in the presence of us who in his presence at his
request and in the presence of each other have hereunto subscribed our names
as Witnesses

J.A. St. Bernard John Ls. A. St. Bernard James St. Bernard

Grenada

Before His Excellency Charles Joseph Doyle Colonel in Her
Majesty's Army Lieutenant Governor and Commander
in Chief in and over the Island of Grenada and its
Dependencies Chancellor and Ordinary of the same.

Personally appeared John Alexander St. Bernard of the Parish
of Saint George in the Island of Grenada Planter who being duly
Sworn made Other that he was present together with John Louis
Alexander St. Bernard and James St. Bernard and did see James

Smith

505

Smith the Testator within named duly sign seal execute and deliver the
within written Will and at the same time did hear the said Testator publish
and declare the same as and for his last Will and Testament and that
the name or signature "Js. Smith" set and subscribed opposite the seal
at foot of the said Will is the proper handwriting of the said Testator James
Smith. And this deponent further saith that in testimony of such due execution
thereof as aforesaid they this deponent and the said John Louis Alexander St.
Bernard and James St. Bernard did at the request of the said Testator in his
presence and in the presence of each other severally subscribe their names as
witnesses thereto and that the names or signatures "J.A. St. Bernard" "John
Ls. A. St. Bernard" and "James St. Bernard" set and subscribed to the attestation
written at foot of the said Will are the respective proper handwriting of this
deponent and the said John Louis Alexander St. Bernard and James St. Bernard
And lastly this deponent saith that at the time the said Testator so signed
sealed published and declared the said within written Will as and for his
las Will and Testament as aforesaid he was to the best of this deponent's
Judgment and belief of sound mind memory and understanding.

J.A. St. Bernard

Sworn to before me this Fifteenth day of February 1843

C.J. Doyle Ordy.

Please note that I have attempted to add and make notation to as many of the individuals in the Descendant Chart that are made mention of in ggg-grandfather James' Will. There are a few that I have not included either due to my immediate understanding of their relationship to ggg-grandfather James or for the issue of space in the presentation.

I have not included his granddaughter "Mary Smith the reputed daughter of my son George Smith". I have not included "Mary Ann Smith daughter of the late Frank Smith" as I, at present, cannot ascertain their relationship to ggg-grandfather James. Who was Frank Smith?

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.

Jim

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