Part 404s – Smith Robertson Genealogy – Indenture Research – 1817 Richard Oliver Smith - Debt

01 November 2010

Evening,

And my search continues. This time the Indenture and associated Documents made 25 September 1817 and entered to the Grenada Registers of Records 12 January 1818 appears to be not associated with ggg-grandfather James Smith. One of the prime subjects is Richard Oliver Smith.

It appears that Richard Oliver Smith of Revolution Hall Estate in Grenada is contractually obligated to one Richard Oliver. From my Richard Oliver Descendant Chart it possibly stands to reason that Richard Oliver Smith may have been associated to Richard Oliver through marriage. It seems that they both had a common ancestor in the Richard Oliver who died circa 1716 and may have been their great-grandfather.

Here are the images of Pages 317 through and including 320 as downloaded from Item 5 the microfilm FHL [1563379].


And my transcription -
(317)

(Ex.)

Entered 12th Jany 1818
This Indenture made the twenty fifth day of September in the
Year of our Lord One thousand eight hundred and seventeen Between Richard
Oliver of Tenby in the County of Pembroke Esquire of the one part and Richard
Oliver Smith late of Stewarts Grove Brompton but now of Grays Inn in the
County of Middlesex Esquire of the other part Whereas Indentures of Lease
and Release bearing date respectively on or about the twentieth and twentieth first
days of June One thousand eight hundred and ten the Release ^being made between the
said Richard Oliver Smith and Harriet his Wife of the first part Sarah Dean
William Lewis and Mary his Wife and Grace Smith (therein respectively described
of the second part George Bra∫sey (therein also described) of the third part and
the said Richard Oliver Smith and Harriet his Wife did grant bargain sell release
and confirm unto the said Richard Oliver and his Heirs Executors Administrators
And A∫signs All that Plantation or Estate called Revolution Hall Estate situate
lying and being in the Parish of Saint John in the Island of Grenada late of or
belonging to William Smith deceased And also all that piece or parcel of Land
bought by the said William Smith of and from Mi∫s? Herbert and also all
that Coffee Plantation and Hereditaments bought by the said William Smith
of and from Madam Bertrand situate lying and being in the Parish of Saint John
in the said Island of Grenada And also all Me∫suages Lands Out houses Boiling
Houses Edifices and Buildings standing and being upon the said Plantation and
Hereditaments respectively And also all and Singular? the Negroes and other slaves?
mentioned in the second Schedule thereunder written _____ or belonging to and

which


(318)

Which should thereafter during the Continuances of the Security intended to be thereby
made be upon or belonging to the said Plantation and Hereditaments respectively and
the I∫sue Offspring and Increase of such Negroes and Slaves And all Mules Cattle and
live Stock then being upon and belonging to or which should thereafter during the continuance
of the Security thereby made be upon or belong to the said Plantations and Hereditaments
respectively And also all Mills Stills Coppers and plantation Implements and Utensils
and Dead Stock then upon or belonging to and which should thereafter during the
Continuance of the Security thereby made be purchased for or be upon or belonging to
the said Plantation and Hereditaments or any part thereof And also all Gardens
Orchards Lands Meadows Pastures Feedings and Appurtenances to the said Plantations
and Hereditaments belonging or in any wise appertaining or therewith occupied or
enjoyed To hold the same unto and to the use of the said Richard Oliver his Heirs
Executors Admors and A∫signs for ever according to the nature and quality of the same
Premises respectively subject neverthele∫s to a Proviso therein contained for redemption of
the said Premises on payment by the said Richard Oliver Smith his Heirs Executors
Admors or A∫signs unto the said Richard Oliver his executor Admors or A∫signs of
the Sum of Nine thousand Pounds on or before the twenty fourth day of March One
thousand eight hundred and eleven with Interest at the rate of Five Pounds per
cent per Annum And Whereas by Indenture or Release bearing date on or about
the twenty fifth day of January now last past and made between the said Richard
Oliver of the one part and the said Richard Oliver Smith of the other part After
reciting the said in part recited Indentures of Lease and Release of the twentieth and
twenty first days of June One thousand eight hundred and five And also reciting that
the said principal Sum of Nine thousand Pounds so secured to the said Richard
Oliver was previous to and in the year One thousand eight hundred and twelve
reduced by sundry payments made by the said Richard Oliver Smith to the Sum of
Seven thousand seven hundred and ninety four Pounds fifteen Shillings and that
since the Year One thousand eight hundred and twelve several Sums of Money had
from time to time been paid by the said Richard Oliver Smith to the said Richard
Oliver on account of the said principal sum whereby the same was reduced to the
Sum of Five thousand six hundred and five Pounds fifteen Shillings and eleven
Pence And also reciting that all Interest upon the said Sum of Five thousand six
hundred and five Pounds fifteen Shillings and eleven Pence had be paid by the
said Richard Oliver Smith to the said Richard Oliver up to the thirtieth day of
April then last past It is witnessed that the considerations therein mentioned he
the said Richard Oliver Smith by virtue of the said recited Indenture of
Mortgage of the twenty first day of June One thousand eight hundred and ten the
Principal Sum of Five thousand six hundred and five Pounds fifteen Shillings
and eleven pence only and no more and that all Interest in respect of the said
principal Sum had been paid to by the said Richard Oliver Smith to him the said
Richard Oliver up to the thirtieth day of April then last as by the said several recited
Indentures of Lease and Release on reference thereto respectively will more fully appear?
And Whereas all Interest upon or in respect of the said Sum of Five thousand six
hundred and nine Pounds fifteen Shillings and eleven pence the Balance of principal
Monies then due to the said Richard Oliver by virtue of the said in part recited
Indenture of Mortgage hatn been paid by the said Richard Oliver Smith to the
said Richard Oliver up to the thirtieth day of April now last past And Whereas
on or about the twelfth day of May now last past the further Sum of Five hundred
Pounds was paid by the said Richard Oliver Smith to the said Richard Oliver
on account of the said principal Sum of Nine thousand Pounds whereby the same
is reduced to the Sum of Five thousand one hundred and five pounds fifteen
Shillings and eleven pence as he the said Richard Oliver doth hereby acknowledge
Now this Indenture witne∫seth That for and in consideration of the said Sum of
Five hundred Pounds so paid to the said Richard Oliver by the said Richard
Oliver Smith on the twelfth day of May last in further redirection of the said principal
Sum of Nine thousand Pounds as aforesaid he the said Richard Oliver for himself his
Executors Admors and A∫signs had hereby covenant and declare with and to the said
Richard Oliver Smith his Heirs Executors Admors and A∫signs that there is? more? due to
him? the said Richard Oliver from the said Richard Oliver Smith upon _____ _____ virtue of

the 


(319)

The said in part recited Indenture of Mortgage of the twenty first day of June
One thousand eight hundred and ten the principal Sum of Five thousand one hundred
and five Pounds fifteen Shillings and eleven pence of lawful Money of Great Britain
only and no more and that all Interest as? or in respect of the _____ Balance of the
said principal Sum of Nine thousand Pounds hath been paid by the said Richard
Oliver Smith to the said Richard Oliver up to the thirtieth day of April now last
past And this? Indenture also Witne∫seth that for the Considerations aforesaid he the
said Richard Oliver Hath remised released and for ever discharged and by these
presents Doth remise release and for ever discharge the said Richard Oliver Smith
his Heirs Executors Admors and A∫signs and also the said Plantation Lands
Me∫suages Edifices and other Hereditaments Negroes Slaves and the I∫sue and Offspring?
thereof live and dead stock and all and singular of the twenty first day of June One
thousand eight hundred and ten of and from the said Sum of Five hundred Pounds
so paid in further reduction of the said Principal Sum of Nine thousand Pounds as
last? aforesaid and the Interest ^due in respect of the Balance of the same principal
Sum on the thirtieth day of April last ---- and also of any from all action and
action Suit and Suits Cause and Causes of Action and Suit Claims and Demands
whatsoever both at Law and in equity or otherwise howsoever which he the said Richard
Oliver now hath on which _____ his Executors or A∫signs at any time or times
hereafter can or may have claim challenge or demand on? or against the said
Richard Oliver Smith his Heirs Executors Admors or A∫signs or the _____
Hereditaments and Premises respectively for or in respect of the said Sum of Five
hundred pounds so paid on the twelfth day of May last in further reduction
of the said principal Sum of Nine thousand Pounds as aforesaid and the
Interest due on the Balance of the same principal Sum on the thirtieth day of
April last or otherwise howsoever in any wise relating thereto And the said Richard
Oliver doth hereby make nominate constitute and appoint William Mitchell and
George Gun Munro ^both of the said Island of Grenada Esquires jointly and each of
them separately to be his true and lawful Attornies and Attorney, for him the
said Richard Oliver to appear before the Secretary or Registrar of Deeds in the said
Island of Grenada or his lawful Deputy or other proper Officer of the said Island for
the time being ^and then and there to acknowledge these Presents to be the Act and Deed of
him the said Richard Oliver in order that the same may be duly enrolled and
recorded as the Laws of the said Island require and direst And further to do and
perform every or any other Act Deed matter or Thing whatsoever in the like cases
accustomed or which shall be requisite or nece∫sary for giving effect and validity to
these Presents according to the true intent and meaning thereof In Witne∫s whereof the
said Richard Oliver by George Bra∫sey Esquire his Attorney therein is lawfully
authorized by virtue of a certain Power of Attorney Bearing date on or about the
fifteenth day of January One thousand eight hundred and sixteen and duly
registered hath hereunto set his hand and Seal the day and year first above written
Geo (LS) Bra∫sey Atty to Richd Oliver 

Signed Sealed and delivered by the within named Richard Oliver by George
Bra∫sey his Attorney in the presence of
Bn Smithson Clerk to Rd Crauch Union Ct Broad St.

Benjamin Smithson clerk to Richard Crauch of Union Court Broad Street
in the City of London Gentleman maketh oath and saith that he was present and
did see George Bra∫sey the lawful Attorney of Richard Oliver Esquire the Person
mentioned and described in the Indenture of Release hereunto annexed sign seal
and as the Act and Deed of the said Richard Oliver in due form of Law deliver
the same Indenture And the Deponent also saith that the Name “Geo Bra∫sey Atty
”to Rickd Oliver set and subscribed to the said Indenture of Release as the person
executing the same is the proper handwriting of the said George Bra∫sey and that
the Name “Bn Smithson” therein endorsed as the witne∫s to the due execution thereof
is the proper handwriting of the Deponent.
Bn Smithson
Sworn at the Manor House this 2 day of
October 1805 Before me - M Wood, Mayor
To all to whom these Presents _____ _____ _____ _____ _____
Wood Lord Mayor of the City _____ _____ _____ _____ _____ _____
of an Act or Parliament _____ _____ _____ _____ _____ _____ _____ 
Fifth

(320)

Fifth Year of the Reign of his late Majesty King George the second Intituled
An Act for the more easy recovery of Debts in His Majesty’s Plantations and Colonies in
America Do hereby certify that on the day of the date hereof personally came and appeared
before me Benjamin Smithson the Deponent named in the Affidavit hereunto annexed
being a Person well known and worthy of good Credit and by solemn oath which the
said Deponent then took before me upon the Holy Evangelists of Almighty God Did
solemnly and sincerely declare and testify and depose to be true the several Matters
and Things mentioned and contained in the said annexed Affidavit.
(LS)
In Faith and Testimony whereof I the said Lord Mayor 
have caused the Seal of the Office of Mayoralty of the said 
City of London to be hereunto put and affixed and the Indenture 
of Release mentioned and referred to in and by the said Affidavit 
to be hereunto also annexed Dated in London the second day 
of October in the year of our Lord One thousand eight hundred and 
seventeen
Windale

And now I forge on to the next Indenture in my search for the origins and ancestry of my ggg-grandfather James Smith.

Enjoy,

Jim

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