Part 454s – Smith Robertson Genealogy – Indenture Research – 1819 – Richard Oliver and William Smith – Debt = Marriage? (III)

10 February 2011

Good day,

The weather is… raining. Actually it is drizzling, and I hope that the weather prognosticators at the National Weather Service are incorrect with their forecast of a drop of 25 degrees in temperature. We are only supposed to have one week of winter weather a year in Florida. We are below the line of the pending mini-Ice Age. And of course once this cold goes away we will be nearing into the Hurricane Season. Maybe I should consider the life of a turtle?

Anyway back to my search and Indenture Transcription Project. As I mentioned in Parts 452s and 453s, this Indenture does not appear to offer up any clues as to the genealogy and origins of ggg-grandfather James Smith.

This next part is the third installment, Pages 358 through and including 365, the last eight pages of the complete 20 pages.

Here are the downloaded images from Item 7 of the microfilm [1563379] of the Grenada Registers of Records.


And here is my transcription –

(358)

Premises hereinbefore mentioned and intended to be hereby granted
and released assigned and Confirmed shall be sold and dispersed of in the life time
of thesaid Richard Oliver Smith with his Consent and approbation as
aforesaid then the overplus money owing from such sale after providing the
said fund and paying and discharging thesaid several sums of money or
such part or so much thereof as shall then respectively remain due and
owing and thesaid sum of Seven thousand pounds shall be paid to the
said Richard Oliver Smith and his assigns for his and their own use and
in case the same shall be sold and dispersed of after the decease of thesaid
Richard Oliver Smith by virtue of the persons hereinbefore of or that purpose
given then the overplus money arising from such sale shall be paid and
applied in like manner as the said sum of Seven thousand pounds is
hereinbefore directed to be paid and applyed in the event of the death of the
said Mary Broderip and of the Children of thesaid Marriage if any in the
life time of the survivor of them thesaid Richard Oliver Smith and Mary
his intended Wife as aforesaid And it is hereby further declared and
agreed by and between all and every thesaid parties to these presents that
in case thesaid Richard Oliver Smith do and shall at any time hereafter during
the term of his natural life well and truly pay or Cause to be paid thesaid
several sums of money hereinbefore directed to be raised and levied together with all
interest which maybe due therein respectively that then thesaid Trustees and
the survivor of them and the Heirs Executors and administrators of such survivor
do and shall release and Convey assign and Confirm thesaid plantations Estates
and hereditaments and all other the promises intended to be hereby granted
and released assigned and Confirmed respectively unto thesaid Richard Oliver
Smith his Heirs Executors administrators or assigns or unto such person or
persons as thesaid Richard Oliver Smith shall be any deed or writing direct
or appoint And thesaid Richard Oliver Smith for himself his Heirs
Executors and administrators doth hereby Covenant promise and agree to and
with thesaid Robert Langley Appleyard and Edmund Broderip the younger
their Heirs Executors administrators and assigns and any of them that he
thesaid Richard Oliver Smith his Heirs Executors administrators and assigns
shall and will from time to time and at all times until thesaid several sums
of money hereinbefore mentioned hall have been actually raised and leased for
the several purposes herein before mentioned keep up maintain and preserve in
good Order and Condition as many or more ^or as great or great number of Houses
Edifices erections Still Houses Mills and other buildings Cooper Ve∫sels Stills and other
good Chattels Utensils implements and things Negros and other Slaves or Servants
Horses Mules and Cattle upon thesaid plantations Lands and hereditaments
hereby granted and released or intended so to be as now standing remain-
ing or being thereon respectively or used or occupied with the same for the nece∫sary
Convenient and proper working management cultivation and use of the
said plantations Lands and hereditaments in a good planterlike

Condition


(359)

Condition and to the best and utmost advantage and also shall and
will within twelve months next after the date of these presents procure a
correct List or Schedule of the Negroes and other Slaves upon or belonging to
thesaid plantations Estates and hereditaments hereby granted and
release and cause such List or Schedule to be endorsed on these presents
and subscribe his or their name or names thereto and procure the
same to be registered enrolled or recorded together with these presents
according to the Laws of the said Island of Grenada and shall and will
from time to time and at all times hereafter when thereunto required
deliver unto thesaid Robert Langley Appleyard and Edmund Broderip
the younger or to the survivor of them or to the executors or administrators
of such survivor a true and correct List of the Negroes or Slaves thereupon or
belonging to the said plantations and Estates hereby granted and released
And also shall and will from time to time and at all times hereafter during
the Continuance of these presents and the Trusts hereby Created and declared
or any of them yearly and every year send ship and Consign or Cause to
be sent shipped or Consigned all the Sugars and other produce of and to arise
from or upon thesaid plantations hereditaments and premises
expressed to be hereby granted and release (except so much of the Rum to be
produced by thesaid plantations and premises as shall be nece∫sary and
sufficient to answer and pay the taxes duties and incidental charges payable
in the Island of Grenada from time to time in receipt of the same plantations
hereditaments and premises respectively unto such person or persons as
thesaid Robert Langley Appleyard and Edmund Broderip their Executors
Administrators and assigns shall direct or appoint as Factor or Factors
to be by him or them sold and disposed of to the best advantage to the intents
and for the purposes hereinafter mentioned that is to say To the intent
and purpose that the nett monies which shall arise and be produced by
such Sale or Sales shall from time to time be paid to thesaid Robert
Langley Appleyard and Edmund Broderip the younger or other Trustees
to be by them applied upon the several thrusts and for the several purposes
hereinbefore mentioned and declared touching the same And it is
hereby declared and agreed that the provision hereinbefore made for the said
Mary Broderip is in lieu and satisfaction of all Dower or thirds at
Common Law which thesaid Mary Broderip shall or may at any times
or times hereafter claim or be entitled to in or out of any messuages Lands
and hereditaments of which the said Richard Oliver Smith now is or shall
at any time during thesaid intended marriage be seized And it is hereby
further declared and agreed by and between all and every thesaid parties to
these presents and it is the true intent and meaning hereof that when and at
any instalment or instalments of thesaid principal sum of Four
thousand One hundred and five pounds shall be paid off the same shall
be from time to time placed out at interest in such Securities as are

hereinbefore


(360)

hereinbefore mentioned and the interest thereof shall from time to time
to grow due to be payable and paid in the manner and in the parts and portions
as is hereinbefore declared of and concerning thesaid principal sum of Five
thousand pounds and the interest thereof and that it shall be lawful for thesaid
Trustees from time to time to call in any of the monies which shall be _____
out by them and place the same out again in the Securities and from time
to time to alter and vary thesaid several securities as then in their discretion shall
think fit and prefer and in case thesaid Richard Oliver Smith shall at any
time during thesaid intended marriage purchase a House for the residence of himself
and thesaid Mary his intended Wife that then it shall and may be lawful for the
said Trustees or the survivor of them or the executor or administrators of such
survivor to advance and tend to thesaid Richard Oliver Smith on the Mortgage
Security of such House and his accompanying Bond any part of the fair bona
fide purchase money of such house and exceeding three fourth parts thereof
provided the sum so to be advanced shall not exceed the sum of Seven? hundred
and fifty pounds if thesaid Trustees shall think fit in their discretion so to do
but not otherwise Provided also and it is hereby declared by and between all
and every thesaid parties to these presents that it shall and may be lawful to
and for thesaid Trustees or any other Trustees or Trustee to be appointed as
hereinafter mentioned and the survivor of them and the Executors or adminis
trators of such survivor from and after the decease of such survivor of them the
said Richard Oliver Smith and Mary his ^Wife in the mean time until the
share or shares of such Child or Children shall become payable to them by virtue
of these presents by with and out of the interest dividends and annual produce of
thesaid Two several sums of Five thousand pounds and Seventh thousand pounds
and the Funds and Securities for the same pay and apply such yearly and
other sum or sums of money as the Trustees or the Trustee for the time being shall
in their or his discretion think proper in for or towards the maintenance
and education of such Child or Children respectively and to place out the
surplus residue (if any) on such Security as aforesaid and keep and apply the
interest thereof from time to time in a state of accumulation for the benefit
of such person or persons as shall become entitle thereto by virtue of these
presents Provided also that is shall and may be lawful for thesaid Trustees
of the survivors or survivor of them and the executors and administrators
of such survivor at any time or times after the decease of thesaid Richard
Oliver Smith with the Consent in writing of thesaid Mary Broderip if
she shall be then living and after the decease of thesaid Richard Oliver
Smith and Mary his intended Wife of their or his own proper authority to pay
and apply any part or parts of the share or shares hereby intended for any
such Child or Children as aforesaid not exceeding one half part of such
share or shares for the better educating and placing out in the world
or advancing in marriage of him her or them or otherwise for his her
or their preferment or advancement notwithstanding he she or they shall

not 


(361)

Not then have attained the age of twenty one years so as such seems so
to be advanced and any of them shall be considered as part of the portion
or portions hereby provided for such Child or children for whom the same
shall be advanced? Provided also and it is hereby declared and agreed by and
between thesaid parties to these presents that in case either of them thesaid
Robert Langley Appleyard and Edmund Broderip the younger or any
Trustee or Trustees to be appointed by virtue of or under this present
provision in their or either place or places shall depart this life or shall
go to reside beyond thesaid or be desirous of being discharged of the aforesaid Trusts
or shall neglect or refuse or become incapable or unfit to act in the aforesaid
Trusts before the same Trusts shall be fully executed and performed and determ
ined then and in that Case and as soon and as often as the same shall happen
or shall and maybe lawful to and for thesaid Richard Oliver Smith and
Mary his intended Wife or the survivor of them or the Heirs Executors or
administrators of the survivor of them and in case of his or their default for
the space of two calendar months next after he she or they shall be
thereunto requested by the acting Trustee or Trustees for the time being or
the last acting Trustee or the Heirs Executors or administrators of thesaid last
acting Trustee or in case there shall be no such Heirs Executors or adminis
trators respectively of the survivor of them thesaid Richard Oliver Smith
and Mary his intended Wife then to and for the acting Trustees or Trustee for
the time being or the last acting Trustee or the Heirs Executors or Adminis
trators of the last acting Trustee by and with the Counsel of the Guardian
or Guardians of any of the Child or Children of thesaid Marriage then
living to nominate or appoint some other fit person or persons to supply
the place of the Trustee or Trustees so dying or going to reside beyond the Seas? or
desiring to be discharges or refusing or neglecting or becoming incapable or
unfit to act as aforesaid And that immediately after such appointment the
Trust Estate monies and Effects then vested under and by virtue of these
presents in the Trustee or Trustees so dying going to reside beyond the
Seas desiring to be discharged or refusing neglecting or becoming incapable
or unfit to act as aforesaid shall be Conveyed assigned and transferred either
in and by the same Deed of Appointment or any separate deed or deeds
so and in such manner that the same may vest in such new Trustee or
Trustees jointly or together with the surviving or Continuing or acting Trustee
or Trustees or solely as the Case may require and his or their Heirs Executors
administrators or assigns upon the Trusts hereinbefore expressed and
declared of and concerning the same And that any such new Trustee
shall have and may exercise the same powers privileges and authorities of
approbation Consent discretion paying receiving Compounding calling in
investing and reinvesting and of giving effectual receipts and discharges and
all other powers and authorities whatsoever as if he had been appointed a
Trustee by these presents or as if his name here been inserted in these presents

instead


(362)

Instead of the name of the Trustee or Trustees hereby appointed in or to whose?
place such new Trustee or Trustees ======= respectively shall be appointed as
secured Provided also and it is hereby also declared and agreed by and between
thesaid parties to these presents that the receipt and receipts of thesaid Trustees
or Trustee or any other Trustees or Trustee to be hereafter appointed by virtue
of or under these persons who shall or may at any time hereafter purchase the
said plantations hereditaments and premises intended to be hereby
granted and released and assigned respectively or to any Mortgage or who shall at
any time hereafter pay off or discharge any of the trust monies which shall
have been advanced to him her or them by virtue of these presents and the trusts
hererin expressed and declared and that such purchaser or purchasers Mortgagor
or Mortgagors any or either of them shall not be bound to see or look to the
application of such ====== purchase or mortgage monies any or either of them
or be answerable or accountable for the misapplication or non application
thereof or of any part thereof or be in any respect or manner prejudiced or affected
thereby And that thesaid Trustees hereby appointed or to be appointed by virtue of
or under these presents and such and every of them and the Heirs Executors
administrators and assigns of them each and every of them respectively
shall be charged and chargeable only for such monies as the same ^Trustees respectively
shall actually receive notwithstanding he or they shall or may give or sign
or join in giving or signing any receipt or receipts or in then doing any other Act
or Acts for the sake of conformity and that any One or more of them thesaid
Trustees shall not be answerable or accountable for the other or others of them
or the acts receipts neglects or defaults of the other or others of them but only and
respectively for this own Acts Receipts Neglects and defaults and that they
or any or either of them shall not be answerable or accountable for any
Banker Broker Factor Agent Consignee or other person with whom or in whose
hands any part of thesaid Trust monies hall or may be deposited lodged
or entrusted for safe Custody or otherwise or for any person or persons acting
under or employed by them or any or either of them in the payment in arrage?
ment or disposing of any of thesaid Trust monies produce I∫sues profits and
Effects or in the management or execution of the trust hereinbefore con
tained or any of them and shall not be answerable or accountable for
the rise or fall in the price or value of Stocks or the insufficiency or _____
in Title or value of any Security upon which thesaid trust monies or any
part thereof shall be placed out or invested or for any other misfortunes lo∫s
or damage which may happen to thesaid Trust monies Effects and premises
or any of those? in the execution of the aforesaid Trust or in relation thereto
except the same shall happen by or through his own willful? default
respectively and that then and in that Case such person respectively
shall singly and alone be answerable for such lo∫s or damage as shall arise
from his or their own Act or default And also that is shall and may be

lawful 


(363)

Lawful for thesaid Trustees in these presents named and such future
Trustees or Trustee to be appointed as aforesaid and every or any of them their
and every of their Heirs Executors administrators and assigns by and out of
the Trust monies which shall Come to their respective hands by virtue of
Trusts aforesaid to deduct retain and reimburse himself and themselves
respectively and also to allow his and their Cotrustees respectively all costs
charges damages ===== expenses and fees of Counsel for advice which they or any
of them shall or may suffer sustain expend disburse lay out or be part? unto
in or about the execution of the aforesaid Trusts or in relation thereunto
And also to settle adjust and allow the accounts of any Trustee or Trustees who
shall depart this life or be desirous of being discharged of and from the aforesaid
Trusts or who shall go to reside beyond the Sea or shall neglect or refuse or
become incapable to act in thesaid Trusts and in whose place or stead the
new Trustee or Trustees shall be appointed And also to give and receive discharges
for money which shall appear to be the balance of the same accounts
without any Obligation in the person or persons paying the same money
to see? to the application thereof or be answerable or accountable for the
misapplication of the same And Lastly to the intent that these presents
and the Lease for a year hereunto annexed may be duly recoded acknowledged
and registered according to the Laws of thesaid Island of Grenada thesaid Edmund
Broderip Richard Oliver Smith Mary Broderip Robert Langley Appleyard
and Edmund Broderip the younger Do and each and every of them Doth
nominate Constitute and appoint and in their and each of their place and
stead put William Mitchell and George Gun Munroe both of thesaid Island
of Grenada Esquires jointly and severally to be their and each of their true
and lawful Attornies and Attorney for them and each of them and in their
and each of their names or name to appear before the Secretary or Registrar
of thesaid Island or his or their respective lawful Deputy or Deputies or any
other proper Officer of thesaid Island and then and thereto acknowledge these
presents and thesaid Lease for a year to be respectively the acts and deeds of
them thesaid Edmund Broderip Richard Oliver Smith Mary Broderip
Robert Langley Appleyard and Edmund Broderip the younger respectively
or if such of them as shall be parties thereto respectively and the names
and seals thereunto subscribed and affixed to be the hands writing and Seals
of them thesaid Edmund Broderip Richard Oliver Smith Mary Broderip
Robert Langley Appleyard and Edmund Broderip the younger And
further to do and perform all and every other Act Matter or thing in the like
cases accustomed in which shall be nece∫sary for the making these presents
valid and effectual in the Law according to the true intent and meaning
hereof In Witne∫s whereof thesaid parties to these presents have hereunto set
their hands and seals the day and year first above written.

Edmund (LS) Broderip R O (LS) Smith Mary (LS) Broderip 
Rob. L. (LS) Appleyard Edmund (LS) Broderip Jr.
This is the Indenture of Release and Settlement deposed to by Joseph Lovell Lovell in and by his
______ hereunto annexed
Joseph Teek
Mayor of Wells

(364)

Signed sealed and Delivered by the within named Edmund Broderip Richard Olson
Smith Mary Broderip and Edmund Broderip the younger in the presence of
Wm Mellian Atty Wells J L Lovell Solr? Wells

Signed sealed and Delivered by the within named Robert Langley Appleyard in the
presence of
Geo. J Nicholson } New Square Lincoln Inn, _____
Saml Boydell }

Wells Somersetshire
Joseph Lovell Lovell of the Liberty of Saint Andrew in Wells in the County
of Somerset in the Kingdom of Great Britain Gentleman maketh Oath and
saith that he was present with William Mellian of Wells aforesaid Gentleman
and did see Richard Oliver Smith of Wells aforesaid Esquire signed sealed and as his
Act and Deed deliver the annexed deed of Bargain and Sale for a year And that
this Deponent was also present with thesaid William Mellian and did see
Edmund Broderip of Wells aforesaid Gentleman thesaid Richard Oliver Smith
Mary Broderip of Wells aforesaid Spinster and Edmund Broderip the younger
of Wells aforesaid Gentleman severally signed sealed and as their respective Act and
Deed deliver the Indenture of Release and Settlement hereunto also annexed
the same being a Conveyance assignment and Settlement of certain plantations
in the Island of Grenada in the West Indies from thesaid Richard Oliver
Smith to Robert Langley Appleyard of Lincoln Inn in the County of Middlesex
Gentleman and thesaid Edmund Broderip the younger upon the several trusts
and for the purposes therein expressed and that the name "R O Smith" set
and subscribed to thesaid annexed Indenture of Bargain and Sale and the
several names "Edmund Broderip R O Smith Mary Broderip Edmund
Broderip Jr." severally set and subscribed to thesaid annexed Indenture
of Release A∫signment and Settlement are of the several proper hands
writing of thesaid Edmund Broderip Richard Oliver Smith Mary Broderip
and Edmund Broderip the younger And this Deponent further saith
that the name "Wm Mellian" J L Lovell" set and subscribed as Witne∫ses
to the execution of thesaid two several Indentures of Bargain and Sale Release
A∫signment and Settlement respectively are of the several proper hands
writing of thesaid William Mellian and this Deponent
J L Lovell
I Joseph Teek Mayor of the City or Borough of Wells in the County of
Somerset in the Kingdom of Great Britain Do hereby certify that this day
personally appeared before me Joseph Lovell Lovell of the Liberty of Saint Andrew
in Wells in thesaid County of Somerset Gentleman the Deponent named
in the aforegoing Affidavit and by solemn Oath which thesaid Deponent
then to be for me upon the Holy Evangelists of Almighty God did solemnly
and sincerely testified declare and depose to be true the several matters
and things contained in thesaid affidavit. In Faith and Testimony
whereof

(365)

Whereof I thesaid Mayor have Caused the Seal of the Office of
the Mayoralty of the said City and Borough of Wells aforesaid
to be hereunto put and affixed Dated in Wells aforesaid the
fourteenth day of August One thousand eight hundred and
nineteen
Joseph Teek
Mayor of the City of Wells (L S)
This is the Affidavit and Certificate referred to by my Certificate hereunto
annexed
Edw Tuson Not. Publick

I Edward Tuson Notary Publick reciting in the City or
Borough of Wells in the County of Somerset in the Kingdom of Great Britain
Do hereby Certify that I was present and saw Joseph Lovell Lovell of the
Liberty of Saint Andrew in Wells aforesaid Gentleman subscribe and duly
make Oath to the Affidavit hereunto affixed And that I also saw Joseph
Teek Mayor of the City or Borough of Wells aforesaid sign the Certificate appear
ing underneath thesaid Affidavit and affixed his Seal thereto which said
Seal is the Seal of the Corporation of the City or Borough of Wells aforesaid
Witne∫sing Hand and Notarial Seal the fourteenth day of August One
thousand eight hundred and nineteen
Edw Tuson
Noty Publick (LS)

And this Contract was long! I wonder if it is in the gene-makeup that those of the legal profession have a tendency for verbosity. Now on to the next Document and Indenture.

Enjoy,

Jim

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