Part 452s – Smith Robertson Genealogy – Indenture Research – 1819 – Richard Oliver and William Smith – Debt = Marriage? (I)

09 February 2011

Good evening,

Yes, I am still working on my Indenture Research Project of the Indentures, Contracts, and Documents found in the Grenada Registers of Records. This is a part of my search for the origins and genealogy of my ggg-grandfather James Smith.

This next Indenture follows as part of the same one I introduced in Part 444s. All-things-being-equal there is no immediate and blatant connection ggg-grandfather James.

The Smiths and related persons included in this 20-page tome, of which I’ve decided to post in three parts: 452s, 453s, and 454s, are as follows.
  • Richard Oliver Smith (ROS) – the principal Smith
  • William Smith – ROS’ deceased father
  • Sarah Dean – ROS’ mother
  • Mary Broderip – ROS’ intended wife-to-be
  • Edmund Broderip – I believe, ROS’ intended father-in-law to be
  • Edmund Broderip the younger – I believe, ROS’s intended brother-in-law to be
  • Harriett Smith – ROS’ then wife
  • Mary (née Smith) Lewis – ROS’ sister
  • William Lewis - ROS’ his brother-in-law
  • Grace (née Smith) Wyze – ROS’ sister
  • Edward Wyze – ROS’ brother-in-law

This Indenture is an amazing compendium of information that would be pertinent to the Smith researcher. It is a shame that, as far as I can deduce, it really does not have anything to do with my ggg-grandfather James. It appears that there are many legal and financial issues dealt with in this Indenture, and at times I truly got very confused. Bottom-line, and only in my opinion, it appears to be a contract stipulating the terms of debt obligations in relation to a pending marriage.

From the site, Oxford Journals I chanced upon this work of the History Workshop, Volume 64, Issue 1, pages 74-102, ‘Possessing Slaves’: Ownership, Compensation and Metropolitan Society in Britain at the time of Emancipation 1834-40 by Nick Draper.

A note included in the article reads:

5 Most often marriage settlements operated over ‘slave property’ brought into marriage by the wife, but in some cases this order was reversed. Thus on the Revolution Hall estate in Grenada, Edmund Broderip of Wells, deputy-lieutenant of Somerset in 1846, counter-claimed with the co-trustee of his daughter Mary's marriage settlement against his son-in-law, Richard Oliver Smith, the natural son of William Smith and inheritor of Revolution Hall at the age of five. See Robert John Morris, Men, Women and Property in England 1780–1870: a Social and Economic History of Family Strategies amongst the Leeds Middle-class, Cambridge, 2005, for the evolution of urban middle-class norms of property transmission distinct from the devices of the landed gentry and aristocracy.

Here are images of Pages 346 through 350, the first five of the 19 pages. The images are downloaded from the Grenada Registers of Records as recorded on Item 7 the FHL microfilm [1563379].


And my transcription –


(346)
Exd
This Indenture made the thirteenth day of August in the fifty
ninth year of the reign of Our Sovereign Lord George the third by the Grace of God of the
United Kingdom of Great Britain and Ireland King Defender of the faith and in the
year of Our Lord One thousand eight hundred and nineteen Between Edmund
Broderip of Wells in the County of Somerset Gentleman of the first part
Richard Oliver Smith now of Wells aforesaid Esquire of the second part
Mary Broderip of Wells aforesaid Spinster one of the Daughters of thesaid
Edmund Broderip of the third part and Robert Langley Appleyard of
Lincoln Inn in the County of Middlesex Gentleman Edmund
Broderip the Younger of Wells aforesaid Gentleman of the fourth part Whereas
William Smith Late of Revolution Hall in the parish of Saint John in the
Island of Grenada in the West Indies duly made and published his last Will
and Testament in writing bearing date on or about the eighteenth day of July
One thousand seven hundred and ninety three and thereby give and bequeath
sundry Legacies and Annuities and amongst others he bequeathed to Sarah
Dean therein _____ and One annuity of One hundred and fifty pounds
Sterling during her natural life to be paid to her half yearly and to her daughters
Mary now the Wife of William Lewis and Grace now the Wife of Edward Wyze? the
sum of Tow thousand pounds each and the said Testator did thereby give and devise
to thesaid Richard Oliver Smith and the Heirs of this Body lawfully to begottin?
All that the Testators plantation or Estate called Revolution Hall together with
the Land bought by him from Mi∫s Herbert and the Coffee plantation bought
from Madame Bertrand as the same were then in his occupation with all
and singular the buildings thereon and the Slaves Stock and Hereditaments and
plantation Utensils Stores and appurtenances of all Sorts thereunto
belonging and he devised and bequeathed the assigns of his real and personal
Estate to the said Richard Oliver Smith his Heirs Executors and adminis
trators And Whereas by Indentures of Lease and Release or Mortgage
bearing date respectively the twentieth and twenty first days of June One
thousand eight hundred and ten the Release or Mortgage made or expre∫sed
to be made between thesaid Richard Oliver Smith and Harriett his then

wife

(347)

Wife of the first part thesaid Sarah Dean William Lewis and Mary his Wife
and Grace Smith of the second part George Brassey of Broad Street London
Merchant of the third part and Richard Oliver of the City of London Esquire
of the fourth part After reciting thesaid Will of thesaid William Smith in
the manner therein recited And after noticing that the sever debts
annuities and other incumbrances affecting thesaid plantations and
Estates therein particularly mentioned save? and except thesaid annuity to
thesaid Sarah Dean and thesaid two several legacies of two thousand pounds
each given to thesaid Mary and Grace had been paid or otherwise satisfied
and discharged as therein also mentioned and after divers other recitals it
is Witne∫sed that in pursuance of an agreement therein mentioned and
for lacking barring and extinguishing all Estates said and all remainders
and reversion thereupon expectant or depending of and in the plantations
Negroes Slaves and other hereditaments therein and hereinafter mentioned
and for conveying and assuring the inheritance thereof in fee simple dis-
-charged of _____ and Thirds and all other Claims and demands of the
said Harriett the Wife of thesaid Richard Oliver Smith unto and to the
use of thesaid Richard Oliver his Executors administrators and also for securing
unto thesaid Richard Oliver his Executors administrators and assigns
payment of the sum of Nine thousand pounds Sterling with interest as
therein mentioned in lieu and full satisfaction of and for all principal
and interest monies due and owing to him and to Thomas Oliver deceased
therein mentioned from and on account of thesaid plantations Negroes
and other hereditaments and in Consideration of five shillings to thesaid
Richard Oliver Smith paid by thesaid Richard Oliver He thesaid Richard
Oliver Smith and Harriett his Wife and each of them did grant bargain
sell release and Confirm unto thesaid Richard Oliver and to his Heirs executors
administrators and assigns All that thesaid plantation or Estate
hereditaments and premises herein and hereinbefore particularly
mentioned and set forth with then and every of their appurtenances To
Hold the same unto and to the use of the said Richard Oliver his Heirs
Executors administrators and assigns respectively for _____ according to the
nature and quality of the same premises respectively Subject neverthele∫s
to redemption by thesaid Richard Oliver Smith his Heirs Executors
administrators or assigns at the time and in manner as is therein
mentioned and expre∫sed and it was thereby agreed that (after certain
payments and deductions therein specified are made and paid) by and
out of the set monies yearly to arise or be produced from such Sale or Sales
as therein mentioned payments thesaid Sarah Dean during the Contin-
uance of the Security thereby made if she should so long live An Annuity
of Eighty pounds sterling to thesaid William Lewis and Mary his Wife an
Annuity of Sixty pounds Sterling and to the said Grace Smith An Annuity
of Sixty pounds Sterling but that after payment and Satisfaction to the
said

(348)

Said Richard Oliver his Executors administrators or assigns of thesaid
principal and Interest nevertheless secured thesaid Sarah Dean should
be entitled to receive the whole of thesaid annuity of One hundred pound and
fifty pounds per annum and thesaid William Lewis and Mary his Wife the
whole of the interest of thesaid two several sums of Two thousand pounds and
two thousand pounds as therein is particularly mentioned And Whereas
by Indenture bearing date the same twenty first day of June One thousand
eight hundred and ten and made between thesaid Sarah Dean of the first part the
said William Lewis and Mary his Wife of the second part thesaid Grace Smith of the
third part and thesaid Richard Oliver Smith of the fourth part After
Reciting thesaid Will of thesaid William Smith as he thesaid devise or
bequest of the said Annuity of One hundred and fifty pounds ^to thesaid Sarah Deane and thesaid
two Legacies of Two thousand pounds each to the said Mary the Wife of the
said William Lewis and Grace Smith And after reciting thesaid Indenture
of Release or Mortgage bearing _____ date therewith so far as the same relates to or
concerns thesaid Annuity and thesaid two several sums of two thousand pounds
and two thousand pounds and the interest of such sums respectively And further
Reciting that notwithstanding it was therein expre∫sed that after payment of
the principal and interest monies intended to be thereby secured to thesaid Richard
Oliver should be fully satisfied them thesaid Sarah Deane should be entitled to
receive the whole of thesaid principal sums of two thousand pounds Annuity
of One hundred and fifty pounds and thesaid William Lewis and Mary his
Wife and Grace Smith should respectively be entitled to receive the whole of the
said principal sums of two thousand pounds and two thousand pounds it
was proposed by the said Richard Oliver Smith and accepted by thesaid Sarah
Deane William Lewis Mary his Wife and Grace Smith that thesaid Richard
Oliver Smith should enter into such Covenants as therein and herein often
mentioned for payment (after all principal and interest monies secured
to thesaid Richard Oliver as aforesaid should be fully paid and satisfied) of an
Annuity of One hundred pounds per annum to thesaid Sarah Deane during
the remainder of her life and for payment to thesaid William Lewis and
Mary his Wife of the sum of One thousand two hundred pounds and to the said
Grace Smith of the like sum of One thousand two hundred pounds within four
years next after all principal and interest monies so secured to thesaid Richard
Oliver as aforesaid should be fully paid and satisfied with interest for thesaid
sums of One thousand two hundred pounds and One thousand two hundred
pounds in lieu and full satisfaction of the said Annuity and the aforesaid
Legacies of two thousand pounds and two thousand pounds respectively It is by
thesaid Indenture now recited witne∫sed that thesaid Richard Oliver Smith
did thereby Covenant and agree that in Case thesaid Sarah Deane should
be living when the whole of thesaid principal and interest so secured to the
said Richard Oliver his Executors administrators and assigns should be fully
paid and satisfied that thesaid Richard Oliver Smith his ^Heirs Executors administrators
and 

(349)

And assigns should and would pay unto thesaid Sarah Deane and her
assigns during the then remainder of her natural life One Annuity or yearly
sum of One hundred pounds clear of all taxes and deduction by quarterly
payments as is therein mentioned and thesaid Sarah Deane did thereby consent
and agree to take thesaid yearly sums of Eighty pounds provided for her by thesaid
recited Indenture of Release or Mortgage and after the them therein mentioned
thesaid Annuity of One hundred pounds thereby Covenants to be paid to her
as aforesaid in lieu and full satisfaction of thesaid annuity of One hundred
and fifty pound so given to her by thesaid recited Will and all arrears thereof
and thesaid Sarah Dean did thereby release exonerate and discharge thesaid
Richard Oliver Smith his Heirs Executors Administrators and assigns
and the said Revolution Hall Estate of and from the payment of the
annual sum of Fifty pounds part of thesaid Annuity of One hundred and
fifty pounds and all arrears of the whole of the said annuity then due in
respect thereof and thesaid Richard Oliver Smith did thereby for himself his
Heirs Executors and administrators covenant and agree with thesaid William
Lewis and Mary his Wife and with thesaid Grace Smith respectively that he
thesaid Richard Oliver Smith his Heirs Executors administrators and
assigns should and would within four years next after all principal and
Interest monies so secured to thesaid Richard Oliver his Executors administrators
and assigns as aforesaid should be fully paid and satisfied to him or them well and
truly pay or Cause to be paid to thesaid William Lewis and Mary his Wife or to the
survivor of them or to the executors or administrators of such Survivor the sum
of One thousand two hundred pounds and also well and truly pay or Cause to
be paid to thesaid Grace Smith the like sum of One thousand two hundred
pounds with interest for thesaid sums respectively in manner therein
mentioned and thesaid William Lewis and Mary his Wife and also thesaid Grace
Smith did thereby respectively consent and agree to accept and take the same
several sums so Covenanted to be paid to them respectively as aforesaid in lieu
and full satisfaction of thesaid two several legacies or sums of two thousand
pounds each so bequeathed to them as aforesaid and did thereby respectively
release exonerate and discharge thesaid Richard Oliver Smith his Heirs
Executors administrators and assigns and thesaid Revolution Hall
Estate of and from the payment of the two several sums of Eight hundred
pounds and Eight hundred pounds sterling parts of thesaid two several legacies
or sums of Two thousand pounds and two thousand pounds and the interest then or
forth to become due in respect of thesaid two several sums of Eight hundred
pounds and Eight hundred pounds to the intent that thesaid Revolution
Hall Estates and thesaid Richard Oliver Smith his Heirs Executors admin
istrators and assigns in respect thereof should from thenceforth be remain and
continue subject to and charged and charge able with the payment of the two
several sums of One thousand two hundred pounds and One thousand two
hundred pounds only being the remaining parts of thesaid two Legacies or sums
of

(350)

Of two thousand pounds and two thousand pounds and to and with thesaid two? yearly
sums of Sixty pounds and sixty pounds so agreed to be paid in lieu of interest as aforesaid
And Whereas by Indentures of Lease and Release bearing date respectively the fourth
and fifth day s of July in the year of Our Lord One thousand eight hundred and seven-
teen and made or expre∫sed to be made between thesaid Richard Oliver Smith of the
One part and William Manning Frederick Manning and John Lavicount
Anderdon of Bank buildings in the City of London Merchants of the then part
After Reciting amongst other things thesaid Will of thesaid William Smith and
thesaid Security so made to thesaid Richard Oliver as aforesaid and that thesaid
principal Oliver had since been reduced to the sum of five thousand One hundred and
five pounds fifteen shillings and eleven pence And that the interest on thesaid last
mentioned sum had been paid up to the thirteenth day of April then last paid
that thesaid Richard Oliver Smith was justly indebted to thesaid William Manning
Frederick Manning and John Lavicount Anderdon in the sum of two thousand
pounds it is by thesaid Indenture now in recital witne∫sed that in Consideration
of thesaid sum of two thousand pounds so due and owing to thesaid William
Manning Frederick Manning and John Lavicount Anderdon and for securing
the repayment of the sum with interest He the thesaid Richard Oliver Smith
did grant bargain sell release assign and confirm unto thesaid William Manning
Frederick Manning and John Lavicount Anderdon and to their Heirs Executors
Administrators and assigns according to his Estate and interest therein respectively
All and singular thesaid plantations or Estates hereditaments and premises
hereinbefore mentioned and Comprised in thesaid Security to thesaid Richard
Oliver with their and every of their appurtenances To hold such part of the
same assure of the nature of Freehold and every part thereof with the
appurtenances unto and to the use of thesaid William Manning Frederick
Manning and John Lavicount Anderdon their Heirs and assigns forever and
To hold such part and parts thereof as is or are Leasehold or of any Le∫s Estate than
Freehold unto thesaid William Manning Frederick Manning and John Lavicount
Anderdon their Executors Administrators and assigns for ever but subject
neverthele∫s to the several Charges and incumbrances therein hereinbefore
mentioned and subject and without prejudice to the trust powers? promises
declarations and authorities in and by thesaid recited Indenture of Release
of the twenty first of June One thousand eight hundred and ten mentioned
expre∫sed declared and Contained of and Concerning thesaid plantation and
premises and the profits and produce thereof which are then subsisting
undetermined and Capable of taking effect and also subject to the proviso
Will and Indentures relating thereunto respectively being had well? more
fully and at large appear And Whereas a Marriage is intended
to be had and Solemnized Between thesaid Richard Oliver Smith
and Mary Broderip And Whereas on the treaty for thesaid marriage
the

To be continued.  Page 351 next.  Enjoy,

Jim

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