Part 345s – Smith Robertson Genealogy – Indenture Research – 1840 Richard Oliver Smith – Power of Attorney – Cape Town

02 September 2010

Good morning,

Breakfast this morning – Grants Quiki; eggs, chorizo, and hominy. Some half-and-half, salt and pepper, and butter. Recipe originates from the Uranium Café, now called Nana’s, in Grants, New Mexico.

And I continue to search for the origins of ggg-grandfather James Smith. I have been searching through documents originated in Grenada, Great Britain, and Scotland. And now I have chanced upon an assignment of Power of Attorney to Richard Oliver Smith which is entered in the Grenada Registers of Records but yet originates in Cape Town, South Africa.

All-things-being-equal I do not have any proof that there is a familial connection between ggg-grandfather James and Richard Oliver Smith. I could chance a guess that they may have known each other, but even if that was the case, I am not any closer to discovering the ancestry, genealogy, or origins of ggg-grandfather James.

This next Document, written 21 July 1840, albeit changed from 21 December 1839 was entered to the Grenada Registers of Records 22 December 1840. The Record was discovered in Item 2 of the microfilm FHL [1563330].

The images following are of page 209 through and including the top portion of page 213.


My transcription –
(209)

Exd.

Entered 22d December 1840
I William James D’urban Esquire Major in Her Brittanic
Majesty’s Seventy fifth Regiment of Foot send Greeting Whereas by a
certain Deed Poll or Letter of Attorney bearing date in or about the Nineteenth
day of February in the year one thousand eight hundred and thirty five
under the hands and Seals of John Stewart of the Albany Piccadilly
London Esquire Samuel Trehawke Kekewich of Peamore in Exminster
Esquire and Samuel Parr of Knowle Cottage in George’s Clist in the
County of Devon Esquire all within the Kingdom of England After
Reciting therein that by Indentures bearing date all twenty seventh
and twenty eighth days of October one thousand eight hundred and
thirty three the latter made between Mary Mitchell Widow of the
first part Mary Elizabeth Stewart Mitchell Daughter and only
Child of the said Mary Mitchell of the second part I the said

William

(210)

William James D’urban of the third part and the said
John Stewart Samuel Trehawke Kekewich and Samuel Parr of the
fourth part (being the Settlement made previous to and in contem-
plation of the since solemnized Marriage between the said Mary Elizabeth
Stewart Mitchell and me the said William James D’urban) All and
singular that Plantation and Estate with the appurtenances called Hope Vale
situate in the Island of Grenada in the West Indies formerly belonging to
Samuel Mitchell the deceased Father of the said Mary Elizabeth Stewart D’urban
together with all the Me∫suages Houses Mills Stills and other Erections and
Buildings and works of every description and All the Slaves Negroes Cattle
Stores Utensils and Implements upon or belonging to the said Plantation and Estate
or any part thereof with their respective appurtenances were with other Lands conveyed
and assured unto and to the use of the said John Stewart Samuel Trehawke
Kekewich and Samuel Parr their Heirs Executors administrators and assigns
according to the nature and quality of the several Estates Nevertheless upon
to and for the trust ends intents and purposes as the said Indentures particularly
expressed concerning the same It is Witnessed that they the said John
Stewart Samuel Trehawke Kekewich and Samuel Parr at the request and
by the direction of the said Mary Elizabeth Stewart D’urban did make ordain
authorize constitute and appoint and in their place and stead put and depute
me the said William James D’urban their true and lawful Attorney and represent
tative to act in conduct and manage for them as the Trustees under the said
Settlement All and every of their Affairs matters and things being happening or
necessary to be transacted in the said Island of Grenada and for that purpose
they thereby authorize and empowered me in their names or otherwise to ask
demand sue for recover and receive all and every Sum and Sums of money
debts dues goods Merchandizes Chattels Effects and things which then were
might be or become due owing payable or belonging to them as such Trustees?
as aforesaid by any ways or means whatsoever and to sign execute and deliver
all such receipts releases or other discharges for the same respectively as I Should
think fit And also to settle any Accounts or Reckonings they should or might
be interested or concerned with any persons whatsoever in the said Island
and to pay or receive balances thereof And also to compound such debts
balances or Sums as aforesaid and to take or receive any composehow? or _____
dividend in respect thereof And thereupon to give receipts releases or other
discharges for the whole of the same debts sums or demands or to submit?
to Arbitration any debts or demands Accounts reckonings claims receipts releases?
or things in the said Island due to from or concerning them as I should
think advisable and for that purpose to enter into such Bonds of Arbitration
or other Deeds or Instruments as were usual in like cases And to _____
and represent them in all or any Courts and before any Magistrate or

Officers

(211)

Officers of or in Law or Equity And to sue arrest distrain upon
imprison to liberate release and discharge all and every person or persons indebted
or who should thereafter become indebted to them as such Trustees or upon whom
they then had or should have any claims or demands on any account whatsoever And
also to commence and prosecute any Action or Trial in any Court of Law or Equity in
the said Island for the recovery of any debt right title interest produce property
matter or thing whatsoever payable or to become payable or belonging to them in the
said Island And the same to discontinue or become nonsuit therein And also to
take all such other lawful means and ways for recovery or receiving of any sums
produce property or thing which were or should be due owing or payable by any person
or persons whomsoever in the said Island And also to appoint any Attorney or Solicitor
at Law or in Equity as occasion might require and also to enter into and upon the
said Plantations and Estates with the appurtenances And all and singular the
Me∫suages tenements Dwellinghouses and real and Leasehold Estate whatsoever in the
said Island which became so vested in them by virtue of the said Settlement and
to view the state and condition and repairs thereof to give direction for repairing the
same and to set and let for any term or otherwise to oversee manage order and
improve the same And also to purchase all necessary Stores Cattle and things for that
purpose and to pay or allow all Taxes Rates disbursements charges expences and all
other payments and outgoings in respect thereof and also to receive and recover all
due and payable in respect of the said premises And to enter and distrain and
the distresses to keep or otherwise to sell and dispose of according to Law or take
such other Steps by Action or Suit as I should think fit And also to take
possession of the said Plantation and Estate and other the premises And to
commence and prosecute all Actions Suits and other proceedings for the recovery
of the same or any part thereof And for the better doing and performing and
executing all or any of the Matters and things therein aforesaid they the said
John Stewart Samuel Trehawke Kekewich and Samuel Parr did thereby
further give and grant unto to me the said William James D’urban full power
and authority to retain and employ any person or persons to act under me
And also to constitute and appoint and in my place and stead to put
one or more Attorney or Attorneys for them as their Attorney or Attorneys and
the same again at my pleasure to revoke and other or others in his or their
place or places to substitute and generally to do all other Acts Deeds Matter and
things whatseoever in or about the premises as fully amply and effectually to
all intents and purposes as they could do in their own proper persons if personally
present Now know ye That I the said William James D’urban pursuant
to and in exercise of the power and authority given to me as hereinbefore mentioned
Do by these presents revoke all powers of Attorney previous to the date hereof
made by me And now nominate substitute and appoint Richard Oliver

Smith

(212)

Smith of Revolution Hall Estate in the parish of Saint John in the
said Island of Grenada John Well of Bacolet Estate in the parish of Saint
David in the said Island of Grenada George Fraser of Mount Parnassus Estate
Grenada and Thomas Holmes Collector of Her Majesty’s Customs in the said
Island severally and respectively but not jointly in succession the one after the
death refusal absence resignation or any incapacity to act of the other of them
in the order in which they are hereinbefore named in my place and stead
to act as and by the Attorney and Representative of them the said John
Stewart Samuel Trehawke Kekewich and Samuel Parr and in their names
or otherwise to exercise do perform and execute prosecute conduct manage
carry on and into full effect all and every powers authorities matters and
things whatsoever contained expressed and declared and which are given or
deputed to me in and by the said recited Deed Poll or Power of Attorney
And to take use and exercise all expedients and means which may be necessary
in or concerning the premises as fully and effectually to all intents and purposes
as I the said William James D’urban could or might do under by virtue
of the hereinbefore recited power or authority given to me for the purposes
therein expressed or any of them In Witness whereof I the said William
James D’urban have hereunto set my hand and seal the twenty first day of July
one thousand eight hundred and forty

William James (LS) D’Urban
Signed Sealed and delivered by the above named William James D’urban
in the presence of

H.J. Berkwood of Cape Town, Gentleman
Alfred B. Roberts of Cape Town, Gentleman
(LS) To all whom it may concern I John Alfred
Merrington of Cape Town Cape of Good Hope Notary Public duly admitted
and sworn Do hereby Certify and Attest that on the day of the date hereof
Before me in my Office in Cape Town personally appeared William James
D’Urban Esquire Major in Her Brittanic Majesty’s twenty fifth Regiment
of foot at present in this Colony who did them and there sign seal and as his
act and deed in due form of law deliver the aforegoing procuration or Letter of Attorney
there being then and there also present with the appearer and me the
Notary William James Birkwood and Alfred Brooksbank Roberts of
Cape Town Gentlemen whose names are subscribed as Witnesses to the _____
execution thereof the words “December” and “thirty nine” in the last line
of said procuraton having been previously erased and the words “July” and
“forty” inserted in lieu thereof.
As Witness my Hand and Seal of Office at Cape Town aforesaid
this twenty first day of July one thousand eight hundred and forty.

Jno Ald Merrington Not. Pub.
To

(213)

To all to whom it may concern I John Bell C. B.
Secretary to the Government of the Cape of Good hope do hereby Certify
that Mr. John Alfred Merrington, whose signature is affixed to the annexed
Deed is a Notary Public duly Sworn and practicing in this Colony in Cape
Town by and under the authority of Government and that to all Act
Instruments Documents and Writings subscribed by him in that Capacity
full faith and credence are given in this Colony in Court and thereout
In Witness whereof I have hereunto set my hand and seal of
Office this twenty first day of July one thousand eight hundred and forty.

John Bell Secy to Govt.

My research continues. One day, I will find the origins of ggg-grandfather James Smith. On to the next Document.

Enjoy,

Jim

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