Part 453s – Smith Robertson Genealogy – Indenture Research – 1819 – Richard Oliver and William Smith – Debt = Marriage? (II)

10 February 2011

Good Morning,

And here is the 2nd Installment of the current Indenture that I am working on. This is II which follows the one as posted in Part 452s. The legalese and what appears to be double-talk certainly is predominant in this Contract and Document. It has me, at times, confused.

As I mentioned, in my search for the genealogy and origins of my ggg-grandfather James Smith, there does not appear to be any trace of hint or clue in this Indenture as to any connection of ggg-grandfather James and any of the Smiths mentioned.

Here are the images of Pages 351 through and including 357, the next seven of the 20 pages.

The images are downloaded from the Grenada Registers of Records as recorded on Item 7 the FHL microfilm [1563379].


The following is my transcription –

(351)

The said Edmund Broderip agreed to give this sum of Five thousand pounds
as the _____ of his said Daughter by that the interest of the sum of two thousand
pounds only part of thesaid sum of Five thousand pounds shall be payable to
thesaid Mary Broderip and Richard Oliver Smith her intended Husband during
the life of thesaid Edmund Broderip and thesaid Richard Oliver Smith hath
agreed to settle the sum of Five thousand pounds as a further provision for the
said Mary Broderip in Case she should survive her said Husband and for the
i∫sue of thesaid Marriage if any and it has been agreed that thesaid two several
sums of five thousand pounds and Five thousand pounds shall be received and
settled and be subject and be able to the sum of provisoes declarations and agreements
hereinafter expre∫sed mentioned and declared of and Concerning the same
respectively And Whereas there is now due and owing unto thesaid Richard
Oliver for principal on the hereinbefore recited Security of the twenty first day
of June One thousand eight hundred and ten the sum of Four thousand and One
hundred and five pounds and no more And Whereas thesaid Edmond
Broderip did agree immediately to advance the sum of Four thousand One
hundred and five pounds to pay off and discharge thesaid principal sum
so due and owing to thesaid Richard Oliver on thesaid recited Security and it
was proposed and agreed and intended that thesaid Richard Oliver should have
joined and Concurred with thesaid Richard Oliver Smith in Conveying and assuring
thesaid plantations Estate and premises unto and to the use of thesaid
Robert Langley Appleyard and Edmund Broderip the younger their Heirs and
assigns upon the sever trusts and to the intents and purposes hereinafter
expressed and declared touching and Concerning the same but in as much as
thesaid recited Indentures of Lease and Release of the twentieth and twenty first
days of June One thousand eight hundred and ten are now in the Island of
Grenada and Cannot at present be declared up it is expedient that the payment
of thesaid principal sum of Four thousand One hundred and five pounds by
thesaid Edmund Broderip to thesaid Richard Oliver should be postponed until
thesaid recited Indentures last mentioned _____England and be ready
to be delivered over? and a proper Transfer thereof made by thesaid Richard Oliver
to thesaid Robert Langley Appleyard and Edmund Broderip Junior upon the
several trusts after mentioned Now this Indenture Witne∫seth
that in prospect and in Consideration of thesaid intended marriage and for
securing and settling thesaid two several sums of five thousand ^ pounds and Seven
thousand pounds Upon the several trusts and to and of or the intents and
purposes and subject to the provisoes and agreements herein after mentioned
expre∫sed and declared touching and Concerning the same and in Considera
tion of the sums of ten shillings to thesaid Richard Oliver Smith in hand now
paid by thesaid Robert Langley Appleyard and Edmund Broderip the younger
the receipt whereof is hereby acknowledged he thesaid Richard Oliver Smith
Hath granted bargained sold aliened released assigned transferred set over and Confirmed
by these presents Doth grant bargain and sell alien release assign transfer set over

and


(352)

And confirm unto thesaid Robert Langley Appleyard and Edmund Broderip
the younger in their actual possession now being by virtue of a Bargain and Sale Release
thereof made by thesaid Richard Oliver Smith in Consideration of five shillings by
Indenture dated the day next before the day of the date of the same Indenture
of Bargain and Sale and by force of the statute made for transferring juices unto
possession) and to their Heirs Executors administrators and assigns All that planta
tion or Estate called Revolution Hall Estate situated lying and being in the
parish of Saint John in the island of Grenada in the West Indies late of or belong
ing to thesaid William Smith deceased And also all that piece or parcel of land
bought by thesaid William Smith of and from Mi∫s Horlort? And also all that Coffee
plantation and Hereditaments bought by thesaid William Smith of and from
Madame Bertrand situate lying and being in thesaid Island of Grenada
And also all Me∫suages Lands Outhouses Boiling houses Curing houses Edifices
and buildings standing and being upon thesaid plantation and hereditaments
respectively And also ^ all and singular the Negroes and other Slaves now upon or
belonging to and all other Negroes and other Slaves which shall hereafter be upon
or belonging to thesaid plantations and hereditaments respectively and the
i∫sue Offspring and Children of such Negroes and Slaves And all Mules Cattle and
Livestock and also all Mills Stills Coppers and plantation implements and
Utensils and dead stock now being upon or belonging to and which shall
hereafter be purchased for or be upon or belonging to the same plantations and
Hereditaments or any part thereof and all gardens Orchards lands Meadows
Pastures feedings Ways paths emoluments hereditaments and appurtenances
to thesaid plantation and hereditaments belonging or in any way apper
taining or therewith used occupied or enjoyed And the reversion and reversions
remainders yearly and other rents i∫sues and profits of thesaid plantation here
ditaments and premises and all the Estate right title interest property
Claim and demand whatsoever both at Law and in equity of him thesaid
Richard Oliver Smith of into and out of the same premises respectively To have
and To hold such part and parcel of thesaid plantations and Negroes heredit
aments and all other the premises intended to be hereby granted and released
assigned and Confirmed respectively as are of the nature of Freehold and every part
thereof with the appurtenances unto thesaid Robert Langley Appleyard and
Edmund Broderip the younger their Heirs and assigns To the use of thesaid Robert
Langley Appleyard and Edmund Broderip the younger their Heirs Executors
Administrators and assigns for ever subject now the le∫s to the usual charges and
incumbrances herein before mentioned neverthele∫s to four and upon the usual
trusts and intents and purposes and subject to the usual provisoes Declarations
and agreements as are hereinafter mentioned expressed and declared touching
and concerning the same And this Indenture further witne∫seth
that

(353)

That for the Considerations after said he thesaid Edmund Broderip doth
hereby for himself his ^Heirs Executors administrators and sent promise declare
and agree to and with thesaid Robert Langley Appleyard and Edmund Boderip
the younger their executors administrators and assigns that thesaid
Edmund Broderip his Heirs Executors or administrators shall and will
when and as soon as thesaid recited Indentures of Lease and Release and
Mortgage of the twentieth and twenty first days of June One thousand and eight
hundred and ten shall be brought to England and a transfer thereof
_____ to thesaid Robert Langley Appleyard and Edmund Broderip the
younger upon ^the trusts hereinafter expre∫sed and declared touching and concern
ing the same well and truly advance and pay on such transfer thesaid
sum of Four thousand One hundred and five pounds part of thesaid
sum of Five thousand pounds to thesaid Richard Oliver his Executors adminis
trators or assigns in discharge of thesaid debt so due to thesaid Richard Oliver
and that the executors or administrators of thesaid Edmund Broderip shall
within twelve months next after the decease of thesaid Edmund Broderip (unle∫s
the same shall have been advanced by thesaid Edmund Broderip in his life
time) well and truly pay or cause to be paid to thesaid Robert Langley
Appleyard and Edmund Broderip the younger or to the survivor of them
or to the Executors or administrators of such Survivor the further sum
of Eight hundred and ninety five pounds which with thesaid sum of Four
thousand pounds One hundred and five pounds will make up thesaid sum
of Five thousand pounds so proposed and agreed to be given by thesaid Edmund
Broderip as and for the portion or Fortune of this said Daughter as aforesaid with
interest for thesaid sum of Eight hundred and ninety five pounds from the
day of the death of thesaid Edmund Broderip And it is hereby declared and
agreed by and between all and every thesaid parties to these presents that thesaid
Robert Langley Appleyard and Edmund Broderip the younger and the survivor
of them and the executors and administrators of such survivor do and
shall stand possessed of and interested in thesaid principal sum of Five
thousand pounds when and as the same shall be paid and advanced as
aforesaid In trust to permit and suffer thesaid Edmund Broderip his
Executors administrators and assigns to have receive and take the interest
thereof until thesaid intended marriage shall be had and solemnized
and from and after the solemnization thereof Upon trust to permit
and suffer thesaid Edmund Broderip or his assigns to have receive and take
the interest of thesaid sum of ten thousand One hundred and five pounds to and for his and
their own use and benefit during the term of his natural life and upon
trust to permit and suffer thesaid Mary Broderip during the life of the
said Edmund Broderip to have receive and take the interest of the sum of ten
thousand pounds residue of thesaid sum of Four thousand One hundred and
five pound and after the decease of thesaid Edmund Broderip the interest
of

(354)

Of the whole of thesaid sum of Five thousand pounds for her sole and separate
use during the term of her natural life where receipt alone shall from time to
time be sufficient discharge for the same and in case thesaid Mary Broderip
shall happen to die in the life time of thesaid Edmund Broderip her Father then
to permit and suffer thesaid Richard Oliver Smith and his assigns during the
life of thesaid Edmund Broderip to have receive and take for his and their
own use the interest of thesaid sum of ten thousand pounds and from and
after the decease of thesaid Edmund Broderip the interest if the whole of
thesaid sum of Five thousand pounds during the term of her natural life
and from and after the decease of the survivor of them thesaid Mary Broderip
and Richard Oliver Smith her intended husband In trust for all and every the
children of thesaid intended marriage if more than One to be equally divided
between them share and share alike to be Considered as vested interests but
not payable till the respective ages of twenty One years and if any of such children
shall happen to die without lawful i∫sue therein trust for the survivor or survivors
of such i∫sue and in case there shall be only One child of thesaid intended
Marriage In trust for such only Child his or her Executors and adminis-
startors but in case there shall be no children or Child of thesaid intended
marriage or being such they he ^or she shall die in the life time of the survivor fo
them thesaid Richard Oliver Smith and Mary his intended Wife there Upon
trust to pay thesaid principal sum of Five thousand pounds to such person
or persons as he thesaid Edmund Broderip shall be Deed or Will give direct or
appoint the same and in default of such direction or appointment to such person
or persons as shall be virtue of or under the last Will and Testament of thesaid
Edmund Broderip be entitled to the residue of his real and personal Estate and in
case thesaid Edmund Broderip shall happen to die intestate then In trust for
such person or persons who shall then be entitled to the personal property of the
said Edmund Broderip and it is hereby declared and agreed by and between all
and every thesaid parties to these presents and it is the true intent and
meaning of them and of these presents that thesaid Robert Langley Appleyard
and Edmund Broderip the younger and the survivor of them and the Heirs
of such Survivors do and shall stand seized and possessed of thesaid plantation
Estates Negroes Slaves and all other the premises hereinbefore particularly
mentioned and described and intended to be hereby granted and released
assigned and confirmed respectively and the produce i∫sues and profits thereof
to for and upon the several trusts Ecrits intents and purposes and subject to
the several provisoes and agreements hereinafter expre∫sed and mentioned touching
and concerning the same that is to say Upon trust that they thesaid
Robert Langley Appleyard and Edmund Broderip the younger and the
survivor of them and the Heirs Executors and Administrators of such survivor
Do and shall from time to time from and after thesaid principal sum of
Four thousand pounds One hundred and five pounds now due and owing unto
thesaid Richard Oliver his Executors or administrators or thesaid hereinbefore
recited

(355)

Recited security of the twenty first day of Jun One thousand eight
hundred and ten together with all interest for the same shall have been paid
off and the ^said Security transferred in the manner hereinbefore mentioned do
and shall out of the mentioned to arise and be received out of and from the
produce i∫sued and profits of thesaid plantations and Estates from time
to time pay and satisfy so much and such part of the incidental charges
and expenses which shall from time to time become payable or be incurred
in thesaid Island of Grenada in respect of the same plantations Estates
and satisfy and also detain? to pay or reimburse all and every the sum
and sums of money which shall accrue and become due and owing to him
or them for Commi∫sion insurance freight Duties and incidental
charges or expense occasioned by or on account of the premises and by and
out of the net monies yearly to arise as aforesaid yearly and every year
during so long? time at thesaid principal sum of Four thousand One
hundred and five pounds or any part thereof shall remain due on the
_____ Security or the transfer thereof as aforesaid pay or Cause to be paid to the
said Richard Oliver Smith if he shall so long live one annuity or clear yearly
sum of nine hundred pounds of lawful money of Great Britain by four equal
quarterly payments on the twenty ninth day of September the twenty fifth
day of December the twenty fifth day of March and the twenty fourth day of
June in each and every year without any deductions or abatement whatsoever
for Taxes or otherwise heresoever the first quarterly payment thereof be become
due and be made on the twenty fifty day of December next if any such nett
monies shall then have been made and received from such produce I∫sues
and profits but if no such monies shall then be =======================
in his or their hands then as soon afterwards as the same or a sufficient
part thereof shall be made and received from such produce i∫sues and profits
and do and shall in the next place by and out of thesaid nett monies
yearly to arise and be received subject to the payment of thesaid annuity ot
yearly sum of Nine hundred pounds hereinafter directed to be paid to
thesaid Richard Oliver Smith from time to time to keep down the yearly
interest to grow? due upon or in respect of thesaid principal sum of Four
thousand One hundred and five pounds or so much thereof as shall from
time to time remain due and unpaid or as much of such interest as such
nett monies will extend to pay and satisfy and do shall in the next place
by and out of such nett monies pay unto thesaid Sarah Deane during the
terms of her natural life thesaid annuity hereinbefore mentioned and also to
thesaid William Lewis and Mary his Wife and to thesaid Edward Vyze? and
Grace his Wife the interest of he said two several sums of One thousand two
hundred pounds and One thousand two hundred pounds respectively free
from Taxes or so much of such annuity and interest respectively as such
_____ _____ monies will extend to pay and satisfy and do and shall in
the

(356)

The next place deduct and retained their or his hands or hand out of such
Overplus? nett monies (if any) in and towards the reduction of the said principal
sum of Four thousand One hundred and five pounds the annual or yearly
sum of Five hundred pounds and after full payment and satisfaction of the
said principal sum of Four thousand One hundred and five pounds by the
foregoing or by any other Ways and means then upon trust by and out of the sur
plus of such nett monies to pay unto the said William Manning and Frederick
Manning and John Lavicount Anderdon their Executors and administrators or
assigns yearly and every year the principal sum of Five hundred pounds
towards the discharge and satisfaction of thesaid principal sum or so much
thereof as shall be then due and owing to them and all other sums secured to
them in and by thesaid hereinbefore recited Indenture of the fifth day of
June One thousand eight hundred and seventeen together with the interest
thereof respectively until the whole of the money thereby secured together with
all interest for the same shall be full satisfied and paid and after making
thesaid several payments and deductions as aforesaid and after payment of
all such sum or sums of money as shall or may hereafter be laid out and
paid or advanced by thesaid Robert Langley Appleyard and Edmund Broderip
the younger their executors administrators and assigns for the providing Negroes
Cattle or stores for working and improving thesaid plantations and Estates
or either of them or for the repairing or making good any damages that may
be done thereto by Hurricane Fire or Domestic or Foreign Enemies then Upon
trust to pay the Overplus of such produce i∫sues and profits unto the said Richard
Oliver Smith his Executors Administrators and assigns to and for his and their
own absolute use and benefit And Upon this further trust that they thesaid
Robert Langley Appleyard and Edmund Broderip the younger their Heirs
executors and Administrators do and shall from and immediately after
the decease of thesaid Richard Oliver Smith in Case thesaid Mary Broderip
shall be then living and in case she shall not survive her said intended
Husband if there shall be any child or children of thesaid Richard Oliver
Smith by thesaid Mary Broderip his intended Wife then living or in the
life time of thesaid Richard Oliver Smith with his Consent and approbation
either by sale of all or any part of thesaid plantations Estates heredit
aments and other the premises and effects hereinbefore particularly mentioned
and intended to be hereby granted and released bargained sold and assigned
respectively and of all such additional stock of Negroes Slaves and any other
live or dead stock which shall then be on or belonging to thesaid plantations
and estates or by Mortgage thereof or any part thereof as they thesaid Robert
Langley Appleyard and Edmund Broderip the younger or the survivor of
them or the Heirs Executors and Administrators of such Survivor shall in
their discretion think fit decide and levy all such sum or sums of money
as shall be sufficient in the first place to provide a sufficient fund from
whence to pay thesaid annuity to thesaid Sarah Deane if she shall be then
living

(357)

Living and to pay the same accordingly and to pay off and satisfy the
said sum of Four thousand One hundred and five pounds so due and
owing on thesaid recited security thesaid two several sums of One
thousand two hundred pounds and One thousand two hundred
pounds so due and owing to thesaid William Lewis and Mary his Wife and
Edward Vyzo? and Grace his Wife respectively And also all such sum or
sums of money so due and owing to thesaid William Manning and
Frederick Manning and John Lavicount Anderdon on thesaid herein
before recited Security or so much of thesaid several principal sums as
shall then remain due and owing and unpaid and also in addition
thereto the further sum of Seven thousand pounds Sterling and do and
shall thereout after _____ as much money either on good Mortgage
or Government Securities as shall be sufficient to pay and satisfy
thesaid Annuity to thesaid Sarah Dean pay thesaid several principal
sums of money hereinbefore particularly mentioned or so much thereof
respectively as shall then be and remainders and owing and unpaid and
do and shall place thesaid sum of Seven thousand pounds at interest either
on Mortgage or good freehold or long leasehold Landed Securities or invest
the sum in the public funds as they in their discretion shall think
fit and pay the interest dividends and produce thereof unto thesaid
Richard Oliver Smith and his assigns if he shall be then living ======
for and during the term of his naturel life and in case he shall be then
dead and thesaid Mary Broderip his intended Wife shall be then
living then in trust to partial and suffer thesaid Mary Broderip to
have receive and take the Dividends interest and produce of thesaid sum
of Seven thousand pounds for her own use for and during the term of her
natural life and from and after her decease In trust for all and every
the Children and Child of thesaid intended Marriage to be divided and pay
able in like manner as is therein before mentioned expressed and declared
of and concerning thesaid sum of five thousand pounds but in case there
shall be no such children ^or Child of thesaid intended Marriage or being such all
and every of them shall die in the life time of the==== survivor of them
thesaid Richard Oliver Smith and Mary his intended Wife without leaving
any i∫sue then upon trust to pay thesaid sum of Seven thousand
pounds to such person or persons as thesaid Richard Oliver Smith shall
by deed or Will give direct or appoint the same And in default of such
special Gift direction or appointment to such person or persons as
shall be virtue of or under the last Will and Testament of thesaid
Richard Oliver Smith be entitled to the residue of his real and personal
Estate then In trust for such person or persons who shall then be
entitled to the property of thesaid Richard Oliver Smith And upon this
further trust that in case thesaid plantations Estates and other the
premises

The next Posting includes III and the remainder of the Document.

Enjoy,

Jim

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