Part 325s – Smith Robertson Genealogy – Indenture Research – 1833 James and Archibald Smith

30 July 2010

Evening,

I do not think my vision is becoming more constricted, but the script of the Indentures are certainly getting smaller and more compacted. This Record was a visual and transcription chore.

In my Transcription Project and search for the origins, genealogy and familial relationships of my ggg-grandfather James Smith of Grenada, I believe this one Record falls short of the mark. The James Smith mentioned in the Indenture I believe is of the Jordan Hill of Scotland Smiths. I cannot perceive or invent any immediate relationship to ggg-grandfather James.

This Indenture appears to be a part of and a follow up to the Record I transcribed in Part 323s. There may also be a cross-reference to the Records in Parts 301s and 302s.

This Document, Pages 321 through 325 is from the Grenada Registers of Records. The images are downloaded from Item 6 of the microfilm FHL [1563380].


My transcription –
(321)

Entered 9 January 1833

This Indenture made this First day of January in the Year of Our Lord One
thousand Eight hundred and thirty three Between James Smith Archibald Smith and Robert
McCunn Merchants and Copartners carrying on busineʃs in the City of Glasgow in Scotland
under the style or firm of James and Archibald Smith and Co. of the one part and Henry Wharton
Waddilove of the Island of Grenada Esquire of the other part Whereas by Indentures of Lease and
Release bearing date the ninth and tenth days of September One Thousand Eight hundred and twenty
nine and made between the same parties as are parties hereto reciting that the said Henry Wharton
Waddilove being indebted unto Ann Wharton of the Island of Grenada Spinster in the sum of Four
thousand pounds Sterling money of Great Britain the said James Smith Archibald Smith and Robert
McCunn had at the request of the said Henry Wharton Waddilove agreed to guarantee unto the
said Ann Wharton the payment of the said sum of Four thousand pounds sterling money aforesaid
upon receiving a mortgage of the estate and premises therein and hereinafter mentioned and described
for securing to them the repayment of the same and which the said Henry Wharton Waddilove had
consented and agreed to do and making that the said James Smith Archibald Smith and Robert
McCunn had made and given unto the said Ann Wharton a guarantee for the payment
of the said sum of Four thousand pounds It was by the said Indenture witneʃsed that in
provisions? of the said agreement and for and in consideration of the said sum of four thousand
pounds so guaranteed to be paid to the said Ann Wharton as aforesaid and also for and in con
sideration of the sum of ten shillings of sterling and lawful money of Great Britain to the said Henry
Wharton Waddilove in hand well and truly paid by the said James Smith Archibald Smith and
Robert McCunn or immediately before the sealing and delivery of these presents the receipt whereof?
was thereby acknowledged He the said Henry Wharton Waddilove granted bargained sold remised
released

(322)

Released and confirmed unto the said James Smith Archibald Smith and Robert McCunn and to their heirs
and aʃsigns All that plantation or estate called or known by the name of the Union slaves lands buildings stock and
premises in the said released Indenture mentioned and described and in the Schedule thereunto annexed To have
and to hold the said plantation buildings lands slaves hereditaments and all and singular other the premises
mentioned to be hereby granted and released with their and every of their rights members and appurtenances unto
the said James Smith Archibald Smith and Robert McCunn their heirs and aʃsigns to the only use and _____
of the said James Smith Archibald Smith and Robert McCunn their heirs and aʃsigns for ever subject
however to the promise or condition thereinafter mentioned or contained concerning the same for securing the
repayment of the said sum of Four thousand pounds with interest from the time they should pay the same
and whereas the said Ann Wharton _____ called upon the said James Smith Archibald Smith and
Robert McCunn In advance or pay unto her the said sum of Four thousand pounds so guaranteed
to be paid by them as aforesaid or any part thereof and no advance had ever been made by them on account of
such guarantee and such guarantee hath been since surrendered and given up by her the said Ann Wharton
to the said James Smith Archibald Smith and Robert McCunn And the said Henry Wharton Waddilove
hath consequently called upon them to grant and execute a release of the said created? mortgage of the ninth
and tenth days of September One thousand Eight hundred and Twenty nine and a reconveyance of the estate
and premises thereto and thereby granted and conveyed by way of mortgage as aforesaid with which request they
the said James Smith Archibald Smith and Robert McCunn are willing and desirous to comply Now
therefore this Indenture witneʃseth that for and in consideration of the said Ann Wharton having surrendered
and given up the said guarantee for the said sum of Four thousand pounds as aforesaid and also in consideration
of ten shillings as piece now in hand paid by the said Henry Wharton Waddilove to the said James Smith
Archibald Smith and Robert McCunn Have and each and every of them hath granted bargained
sold remised released quitted claim and confirmed unto the said Henry Wharton Waddilove and by theses
presents Do and each and every of them Doth grant bargain sell remise release quit claim and confirm unto the
said Henry Wharton Waddilove in his actual poʃseʃsion now being by virtue of a bargain and sale to him?
thereof made by the said James Smith Archibald Smith and Robert McCunn in consideration of ten shillings
by Indenture bearing date the day and before the day of the date ^of these presents for one whole year commencing from the day next before the day of the date of the said Indenture of bargain and sale and
by force of the statute for transferring uses into poʃseʃsion and to his heirs All that plantation or estate called or known
by the name of the Union formerly of Thomas Townsend deceased situate on the Parish of Saint Mark in the said
Island of Grenada containing four hundred and thirteen acres of land or thereabouts abutted and bounded as follows
that is to say towards the north partly by Duquesne Resource and Mount Pleasant Estates xxxx the East by Samaritan
estate on the South by lands belonging to Mt Craven Estate and on the West ^partly by lands belonging to George Paterson
and lands belonging to Mount Alexander Estate and an estate called Bellevue belonging partly to Mount
William and Industry estates or howsoever otherwise the same is abutted bounded known as distinguished or
described together with all meʃsuages houses buildings sugar works edifices and erections thereon erected and
built standing or being and all ways paths paʃsages unders? watercourses trees woods underwoods _____ _____
______ and other growing things thereon mills stills still heads worms boilers coolers cisterns ______ ladles skimmers
plantation tools implements of planting and dead stock whatsoever And all horses mules cattle oxen and sheep and
live stock whatsoever upon or belonging to the same lights easements privileges commodities _____
emoluments rights members hereditaments and appurtenances whatsoever to the said plantations or estate lands
and premises belonging or in any wise appertaining or therewith or with any part thereof and occupied or

enjoyed

(323)

Enjoyed or accepted _____ demand? taken or otherwise? as part parcell or member thereof and also all those One
hundred and Fifty nine slaves whose names are particularly mentioned and set forth in the Schedule hereto
annexed together with the future iʃsue and increase of the females of the said slaves and the reversion and re
versions remainder and remainders rents iʃsues and profits of all and singular the said plantation
slaves and premises And also all the estate right title interest use trust property claim and claimed
whatsoever both at law and in equity of them the said James Smith Archibald Smith and Robert Mc
Cunn of unto or out of the same premises every or any part or parcel thereof and all deeds evidences and
meʃsuages which solely relate to or concern the said plantation slaves and premises in their authority or power
or which they can or may get or come by without suit at law or in equity To have and to hold the
said plantation or estate tracts pieces of land or lands buildings slaves stock and other hereditaments
and premises and any of them and every part thereof hereby remised and released or intended so to be with
all and singular the rights members and privileges appendages and appurtenances thereunto belonging
unto him the said Henry Wharton ^Waddilove his heirs and aʃsigns to the only proper use and behoof of the said
Henry Wharton Waddilove his heirs and aʃsigns for ever and to and for no other use intent or purpose
whatsoever And the said James Smith Archibald Smith and Robert McCunn do and each and
every of them doth hereby for himself his heirs executors and administrators covenant promise grant
and agree to and with the said Henry Wharton Waddilove his heirs executors administrators and aʃsigns
in manner following that is to say that they the said James Smith Archibald Smith and Robert Mc
Cunn have not nor hath either of them any time or times heretofore made done committed _____
or knowingly suffered or been party or privy to any act deed matter or thing whatsoever whereby or by
reason whereof the said plantation or estate had pieces or parcels of land or lands buildings slaves _____
and other the hereditaments and premises hereinbefore granted remised and released or intended so to be
or any of them or any part or parcel thereof are is can shall or may be impeached charged defeated
______ encumbered or ____ any wise prejudicially effected in title charge estate or otherwise howsoever And
further that they the said James Smith Archibald Smith and Robert McCunn their and each and every
of them several and respective heirs executors and administrators and all and every other person and persons unto?
him them or any of them having or lawfully claiming any estate right title of in or to the said hereby
released premised or any of them or any part thereof shall and will at any time or times hereafter upon the
request of the said Henry Wharton Waddilove his heirs and aʃsigns at his or their costs and charges execute? fo
acknowledge suffer and execute or cause and procure to be made done executed and predicted all and every
such further and other lawful and reasonable acts deeds matters and things whatsoever for the further better _____
perfectly and absolutely granting remising releasing and aʃsuring of all singular the said premises so
hereinbefore and hereby intending to remised and released and every of them and every or any part thereof
unto him the said Henry Wharton Waddilove his heirs and aʃsigns to his and their only proper use
and behoof as aforesaid and according to the true intent and meaning of these presents In Witnesʃs whereof
above written

James Smith by his Attorney Robert Kirk (LS)
Archibald Smith by his Attorney Robert Kirk (LS)
Robert McCunn by his Attorney Robert Kirk (LS)
Signed sealed and delivered in the presence of
Jno Dwain? Gilbert Owsley Rowley
Grenada Acknowledged before me by Robert Kirk Esquire as the Attorney in the several and
respective

(324)

Respective names of and as and for the several and respective free and voluntary acts and deeds of James Smith
Archibald Smith and Robert McCunn the parties executing within Indenture of Release by him the said
Robert Kirk as such attorney as aforesaid this ninth day of January in the Year of Our Lord One thousand Eight
hundred and Thirty three

Owsley Rowley
Reg:

Schedule of Slaves referred to in and by the aforegoing Indenture

Males
Abraham20 GregoireJosephNoel
AlexisHonoire40 Joseph KerPaddy
ArtistHoratioJulien 160 Peter
BernardHughJulien 2Pierre
5 CaesarIsaacJustinPolite
Caliste25 JackKingRichard 1
Croʃse?Jim Black45 Lojaret?Richard 2
CharlesJeromeLaurent65 Richmond
DavidJohnLondonRobert
10 DenisJno BaptisteLouisSam
Diamond30 Jno Cabre?McSweenSandy
EdwardJno Charles50 Magloire?Sandy Ker
Edward BishopJno Elley?Mark70 Simon
EttienneJohn JackMaurice 1Thomas
15 FrancoisJno JosephMaurice 2Touʃsaint
Frank35 Jno LouisModestWilliam
George 1John McLaurence?55 Ned Ker74 William Cameron
George 2Jno NoelNicholas
GingerJno Pierre?Noel

Females
Adelaide 115 Christine?HannahMadlaine Ker
Adelaide 2Clair30 IsoetteMadlenette
AgnesChloeJenny45 Margaret 1
AlexandrieneClareneJane ClareMarg^garet 2
5 AngelCumbaJane RoseMargaret Ker
Anne20 DeliaJeanetteMaria
BabyElenore35 JeʃsyMariette
BellaElinorJeanetteMary Anne
Betsy KerElizaJulianne50 Mary Anne
10 Betsy TownsendFranchineJuneMary Dominique
BibianneFrancesKittyMary Emma 1
Catherine 1Fanciette40 LouiseMary Emma 2
Catherine 2GermaineLucy55 Mary Gibson 1
CharlotteGlandineMadlaineMary Gibson 2

Mary

(325)


Mary Jane65 Pauline 280 Theotiste
Mary MadlainePeggyRose 2Therese
Mary RosePelagieSallyToinette
JavotteMariePeggyTabeth 2
60 Mary TheresePindarSally KerTabeth 1
Mary TownsendReineSophia 1Tabeth 2
Monique70 RosalieSophia 285 Tetrine
NanonRuffineSusanne
Pauline 1Rose 1Susey

The names in the Schedule may be cross-referenced to the names in the Schedule in Part 323s. I cannot guarantee the exact transcription of each name based on the condition of the document from the microfilm but having two different Schedules which appear to include the same individuals provide a good source of verifying the actual names.

Stay tuned for the next Record.

Enjoy,

Jim

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