Part 469s – Smith Robertson Genealogy – Indenture Research – 1822 – Richard Oliver Smith – 2 of 6

13 March 2011

Good Morning,

Following up with my announcement in Part 467s, and my search and research of the genealogy of ggg-grandfather James Smith here is the 2nd installment of six parts of the 1822 Richard Oliver Smith Indenture.

It is specific to the ownership of Revolution Hall Estate and the adjoining lands.

The images of Pages 186 through and including 191 are downloaded from the microfilm FHL [1563379].


The word wrapping is not as clean as I would like it. The scribe wrote small and appeared to have been cramped for writing space.  My transcription continues from Page 185 presented in Part 468s.
(186)

Part And after reciting (owing other things) are or to the affect hereinbefore recited
(excepted to the last hereinbefore recited Indenture which is _____ noticed) And after reciting
that the said principal Sum of Nine thousand pounds secured by the said Mortgage had been
since reduced to the Sum of five thousand one hundred and five pounds fifteen shillings and eleven
pence and that all interest due in respect of the last mentioned Sum had been paid up to the
thirtieth day of April then last past And reciting an Agreement and for the Mortgage thereinbefore
made It is Witne∫sed that in consideration of the Sum of Two thousand pounds so owing by
the said Richard Oliver Smith to the said William Manning Frederick Manning and John
Lavicount Anderdon as therein before mentioned He the said Richard Oliver Smith Did
bargain sell release a∫sign and confirm unto the said William Manning Frederick Manning and
John Lavicount Anderdon and to their heirs executors administrators and a∫signs according to his
estate and interest therein respectively All and singular the said Plantations or Estates Me∫suages
Lands Tenements Hereditaments and all and singular other…… The Premises comprised in
and expre∫sed to be granted and released by the said Indenture of release and mortgage of the twenty
first day of June One thousand eight hundred and ten as aforesaid And also all Stills Cisterns
furnaces Worms Worm tubs Coolers and other Plantation Utensils and Implements and all the
Negroes and other Slaves and all Horses Mules and other Cattle and all other the appurtenances
thereto belonging To hold such part thereof aware of the nature of freehold unto and to the use
of the said William Manning Frederick Manning and John Lavicount Anderdon their Heirs
and Afsigns for ever And To hold such parts thereof as were of the nature of leasehold or of
any le∫s Estate than freehold unto the said William Manning Frederick Manning and John
Lavicount Anderdon their executors administrators and a∫signs for ever But subject neverthele∫s
to the several Charges and incumbrances thereinbefore and also hereinbefore mentioned and Subject
and without prejudice to the trusts powers and authorities in and by the said therein and also
hereinbefore recited Indenture of Release and Mortgage of the twenty first day of June One thousand
eight hundred and ten declared and Contained of and Concerning the said Plantation and Premises
and the profits and produce thereof which were then subsisting and also subject to a proviso for redemption
and reconveyance and rea∫signment respectively all of the said premises on payment by the said Richard
Oliver Smith his heirs executors administrators or a∫signs unto the said William Manning Frederick
Manning and John Lavicount Anderdon their Executors Administrators and A∫signs of the Sum
of Five thousand pounds of lawful Money of Great Britain on the fifth day of July One thousand
eight hundred and nineteen with interest for the same at the rate of five pounds per Cent per Annum
by two equal half yearly payments without any deduction whatsoever And Whereas by Indentures
of Lease and Release bearing dates respectively ^ on or about the twelfth or to thirteenth days of August One
thousand eight hundred and nineteen and the release being made or expre∫sed to be made between the
said Edmund Broderip the Elder of the first part the said Richard Oliver Smith of the second part
the said Mary the Wife of the said William Lewis Richard Oliver Smith then and therein
described as Mary Broderip spinster one of the Daughters of thesaid Edmund Broderip the
Elder of the third part and Robert Langley Appleyard Gentleman and thesaid Edmund Broderip the
Younger of the fourth part After reciting as or to the effect hereinbefore recited And reciting
that a Marriage was intended to be solemnized between the said Richard Oliver Smith and Mary
Broderip and that on the treaty for the said Marriage the said Edmund Broderip the Elder

agreed


(187)

Agreed to give the Sum of Five thousand pounds as the portion of his said Daughter but that the
Interest of the Sum of Two thousand pounds only part of thesaid Sum of Five thousand pounds should
be payable to the said Mary Broderip and Richard Oliver Smith her then intended Husband
during the life of the said Edmund Broderip the Elder and that the said Richard Oliver Smith had
agreed to settle the Sum of Seven thousand pounds as a further provision for the said Mary Broderip
in case she should survive him and for the i∫sue of the said marriage if any and that it had been
agreed that the said two several Sums of Five thousand pounds and Seven thousand Pounds thereto
be secured and settled as thereinafter mentioned And reciting there was then due to the
said Richard Oliver for principal on the said Security of the twenty first day of June one thousand
eight hundred and ten the Sum of Four and thousand one hundred and five pounds and no more and
that said Edmund Broderip the Elder did agree immediately to advance the sum of Four
thousand one hundred and five pounds to pay off and large the same And that it was intended that
the said Richard Oliver should have joined with the said Richard Oliver Smith in Conveying and
a∫suring the said Plantations or Estates and Premises as thereinafter mentioned but that the said
Indentures of Lease and Release of the twentieth and twenty first days of June one thousand eight
hundred and ten then being in the Island of Grenada it was expedient that the payment of the said
principal Sum of Four thousand one hundred and five pounds by the said Edmund Broderip should
be postponed as therein mentioned It is witne∫sed that the said Richard Oliver Smith
did grant release and a∫sign and to the said Robert Langley Appleyard and Edmund Broderip the
Younger their heirs executors administrators and a∫signs All the said Plantations for Estates
Me∫suages Lands Tenements and other hereditaments comprised in and expre∫sed to be granted and
released by the said hereinbefore recited Indenture of Release and Mortgage of the twenty first day of
June One thousand eight hundred and ten and also all Stills Cisterns furnaces Worms Worm tubs
Coolers and other Plantation Utensils and Implements and all the Negroes and other Slaves and
all Horses Mules and other Cattle and other the appurtenances thereto belonging To hold such
parts thereof as were of the nature of freehold unto and to the use of the said Robert Langley Appleyard
and Edmund Broderip the Younger their Heirs and a∫signs for ever And to hold such parts
thereof as were of the nature of free^ lease hold or any le∫s Estate than freehold unto the said Robert Langley
Appleyard and Edmund Broderip the Younger their heirs executors administrators and a∫signs for and
Subject to the several Charges and incumbrances therein and and also hereinbefore mentioned Upon and for
the trusts intents and purposes therein and also hereinafter in heart mentioned and _____ Concerning the
same and for the Considerations after said the said Edmund Broderip the Elder did _____ Covenant and
as soon as the said recited Indentures of Lease and Release and Mortgage of the twentieth and twenty first
days of June One thousand one hundred and five pounds part of the said Sum of Five thousand pounds to the
Said Richard Oliver his executors administrators or a∫signs in discharge of the said debt so due to him
and also that the Executors or Administrators of thesaid Edmund Broderip the Elder would within
twelve Months after his decease paid the Sum of Eight hundred and Ninety (five pounds to the said Richard
Oliver his executors administrators or a∫signs in discharge of the said
) five pounds residue of the said
Sum of Five thousand pounds unle∫s the Sum should be previously paid in his life time and it was by
the now recited Indenture declared that the said Robert Langley Appleyard and Edmund Broderip
The

(188)

The Younger should stand po∫se∫sed of the said principal Sum of Five thousand pounds when paid and
advanced as aforesaid Upon trust after the Solemnization of the said then intended marriage to permit
the said Edmund Broderip the Elder to receive the interest of the Sum of Two thousand one hundred
and five pounds part of the said Sum of Four thousand one hundred and five pounds for his own
benefit during his life And upon trust to permit and suffer the said Mary Broderip during the
life of thesaid Edmund Broderip the Elder to receive the interest of the Sum of Two thousand one
hundred and five pounds pounds residue of the said Sum of Four thousand one hundred and five pounds
and after the decease of the said Edmund Broderip the Elder the interest of the whole of the said Sum
of Five thousand pounds for her sole and separate use during her life whose receipt alone should from time
to time be a sufficient discharge for the same And in case the said Mary Broderip should happen to
die in the life time of thesaid Edmund Broderip her Father then to permit and do suffer the said
Richard Oliver Smith and his A∫signs during the life of the Said Edmund Broderip to have receive
and take for his and their own use the interest of the said Sum of Two thousand pounds and from and
after the decease of the said Edmund Broderip the interest of the whole of the said Sum of Five
thousand pounds during the term of his natural life and from and after the decease of the
Survivor of them the said Mary Broderip and Richard Oliver Smith her intended Husband
In trust for all and every the Children of the said intended Marriage if more than one
to be equally divided between them to be considered as vested interests but payable at the Ages of
Twenty One years with benefit of survivorship in the manner therein mentioned But in Case there
should be no Children or Child of thesaid intended Marriage or being such that they he or she should
die in the life time of the survivor of them thesaid Richard Oliver Smith and Mary his intended
Wife Then upon trust to pay the said principal Sum of five thousand pounds to such Person or
Persons as thesaid Edmund Broderip should by Deed or Will give direct or appoint the same and
in default thereof to such person or persons as should by virtue of or under the Last Will and
Testament of the said Edmund Broderip be intitled to the personal property of thesaid Edmund Broderip
And it was by the said now recited Indenture also declared that the said Robert Langley
Appleyard and Edmund Broderip the Younger and the Survivor of this said the Heirs of Such
Survivor should stand po∫se∫sed of the said Plantations Estate Negroes Slaves and all other the
Premises thereinbefore granted and a∫signed and the produce i∫sues and profits thereof Upon trust
from time to time from and after the said principal Sum of Four thousand one hundred and five
pounds together with all interest for the sums should have been paid off and the Security transferred
in the manner therein before mentioned out of the real monies to accrue and be received out of and from the
produce i∫sues and profits of the said Plantations and Estates to pay and Satisfy so much and such part
of the incidental Charges and expenses which should from time to time become payable or be incurred in
the said Island of Grenada in respect of the same Plantations and Premises as the Rum to be
produced therefrom should not be sufficient to pay and satisfy and also retain to pay and reimburse
all and every the Sum and Sums of money which should accrue and become due and owing to him
or them for Commi∫sion Insurance freight duties and incident^al Charges or expenses occasioned by or on
account of the Premises and by and out of the net Monies Yearly to arise as after said yearly and every year
during so long time as the said principal Sum of four thousand one hundred and five pounds or any
part

(189)

Part thereof should remain due on the said Security or the transfer thereof as after said pay or cause
to be paid to the said Richard Oliver Smith if he should so long live one annuity or clean year? By Sum
of Nine hundred pounds payable quarterly and in the next place by and out of the said Net Monies yearly
to arise and be received subject to the payment of the said Annuity or yearly Sum of Nine Hundred
pounds thereinbefore directed to be paid to the said Richard Oliver Smith from time to time to keep _____
the Yearly interest to grow due upon or in respect of the said principal Sum of Four thousand one
hundred and five pounds or so much thereof as should from time to time remain due and unpaid or so
much of such interest as such net Monies would extend to pay and satisfy and in the next place by and out
of such net monies to pay unto the said Sarah Dean during her life the said Annuity there in and
hereinbefore mentioned and also ^ to thesaid William Lewis and Mary his Wife and to the said Edward
Vyze and Grace his Wife the interest of the said two several Sums of One thousand two hundred pounds
^ and One thousand hundred pounds respectively free from taxes or so much of Such Annuity and interest respectively as such net Monies
overplus monies would extend to pay and Satisfy and in the next place to deduct and retained out of the
overplus net Monies (if any) in and towards the reduction of the said principal Sum of Four thousand one
hundred and five pounds the annual Sum of Five hundred pounds and after full payment made
satisfaction of thesaid principal Sum of Four thousand one hundred and five pounds Then Upon
trust by and out of surplus of such net Monies to pay unto the said William Manning Frederick Manning and
John Lavicount Anderdon their executors administrators or a∫signs yearly the principal Sum of Five
hundred Pounds towards the discharge and satisfaction of the said principal Sum or so much thereof
as should be then due and owing to them and all other Sums secured to them in and by the said
hereinbefore Indenture of the fifth day of July One thousand eight hundred and seventeen (but _____
the said Indentures now in recital by mistake mentioned of the fifth Sums? 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 should be fully satisfied and paid and after making the said several
payments and deductions after said and after payment of all such Sum or Sums of Money as
should or might hereafter be laid out and paid or advanced by the said Robert Langley Appleyard and
Edmund Broderip the Younger their executors administrators and a∫signs for the providing Negroes
Cattle or Stores for working and improving the said Plantation and Estates or either of them or for the
repairing or making good any damage that might 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 a∫signs to and to and for his and their
own absolute use and benefit And upon further trust that they the said Robert Langley Appleyard
and Edmund Roderick the Younger their heirs executors and administrators should from and immediately
after the decease of the said Richard Oliver Smith in case thesaid Mary Broderip should be then
living and in case she should not survive her said Intended Husband if any their should be any
Child or Children of thesaid Richard Oliver Smith by the said Wife Mary his intended Wife
then living or in the le∫s time of the said Richard Oliver Smith with his Consent and approbation
either by Sale of all or any of the said Plantations Estates Hereditaments and other the premises
and effects after said and of all such additional Stock of Negroes Slaves and any other live or dead
Stock which should then be on or belonging to the said Plantations and Estates or by Mortgage
^ sufficient in the first place to provide as sufficient from whence to pay said annuity to thesaid Sarah Dean if she should be then
thereof or any part thereof raise and levy all such Sum or Sums of Money as should _____ be ^
living and to pay the Same accordingly and to pay ^ off and satisfy thesaid Sum of Four thousand
One

(190)

One hundred and five pounds so due and owing on the said recited Security the said two
_____ sums of One thousand two hundred pounds and one thousand two hundred pounds So due (and
owing to the said William Lewis and Mary his Wife and Edmund Vyze and Grace his Wife
respectively and also all such Sum or Sums of Money so due and owing to the said William Manning
Frederick Manning and John Lavicount Anderdon on the said therein and hereinbefore sealed?
_____ Security or on much of the said several principal Sums as should then remain due and
owing and unpaid and also in addition thereto said the further Sum of Seven thousand pounds
Sterling and place the same out at interest as therein mentioned and pay the interest dividends
and annual produce thereof unto the said Richard Oliver Smith and his A∫signs if he should
be then living during his natural life and in case he should be then dead and the said Mary
Broderip his intended Wife should be then living then in trust to permit her to receive the dividend
interest and produce of the Said Sum of Seven thousand pounds for her own use during her life
and from and after her decease as to the said principal Sum in trust for all and every the
Children and Child of the said Marriage to be divided and payable in like manner as was
thereinbefore mentioned concerning concerning the said Sum of five thousand pounds but in case
there should be no ^such Children or Child of the said intended Marriage or being such all and
every of them should die in the life time of the Survivor of them the said Richard Oliver Smith and Mary
his (then) intended Wife without leaving any I∫sue Then _____ trust to pay the said Sum of Seven
thousand pounds to such person or persons as the said Richard Oliver Smith should 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 should by virtue of or under the last Will and Testament of the said Richard Oliver Smith
be entitled to the residue of his real and personal Estate and in case the said Richard Oliver
Smith should happen to die intestate Then in trust for such person or persons as should then
be entitled to the property of the said Richard Oliver Smith And upon further trust in case the
said Plantations Estates and other the premises aforesaid should be sold and disposes of in the
life time of the said Richard Oliver Smith with his Consent and Approbation as aforesaid then that
the overplus money owing from such Sale after providing the said fund and paying the Said Several
Sums of Money or so much thereof as should then respectively remain due and the said Sum of Seven
thousand pounds should e paid to the said Richard Oliver Smith and his A∫signs for his and their own
use and in case the same should be sold and disposed of after the decease of the said Richard Oliver Smith
by virtue of the proviso thereinbefore for that purpose given that then the overplus Money arising from such
sale should be paid and applied in like manner as the said Sum of Seven thousand Pounds was
thereinbefore directed to be paid and applied in the event of the death of the said Mary Broderip and
of the Children of the said Marriage if any in the lifetime of the survivor of them the said Richard Oliver
Smith and Mary Broderip his intended Wife as aforesaid And it was by the said Indenture _____
declared that the provision thereby made for the said Mary Broderip was in lieu of her right title
claim demand to dower And Whereas by Indenture of Lease and Release and A∫signment
bearing date respectively on or about the Sixth and Seventh days of September One thousand eight
hundred and twenty the release and A∫signment being made or expre∫sed to be made between the Said
Richard Oliver of the first part the said Richard Oliver Smith of the second part the said Edmund
Broderip the Elder of the third part and the said Edmund Broderip the Younger and Thomas
Strangways Homer of the fourth part After reciting the said Indentures of Lease and Releases
Of

(191)

Of the twentieth and twenty first days of June One thousand eight hundred and ten and the and the
last recited Indentures of Lease and Release of the twentieth and twenty first and Settlement
And reciting that since the date and execution of the same Indenture of Release and Settlement
the said Robert Langley Appleyard having declined to act as a Trustee of and under the Same the said
Thomas Strangways Homer was by virtue of and under the power and authority therein for that purpose
Contained duly appointed as Trustee in his place and that all the Trust hereditaments and premises had
been duly Conveyed to and vested in the said Edmund Broderip the younger and Thomas Strangways
Homer Upon the Trusts of the said Settlement And further reciting as therein mentioned
It is Witne∫sed that in Consideration of the sum of Four thousand one Hundred and five pounds
to the said Richard Oliver paid by the said Edmund Broderip the Elder in discharge and Satisfaction
of the said Mortgage debt so due to him the said Richard Oliver as aforesaid and for the minimal
consideration therein expre∫sed He the said Richard Oliver at the request and by the Appointment
of the said Richard Oliver Smith and with the Consent of the Said Edmund Broderip the Elder Did
bargain sell release and a∫sign and the said Richard Oliver Smith Did grant release and
Confirm unto the said Edmund ^Broderip the Younger and Thomas Strangways Homer their heirs executors
administrators and a∫signs All and singular the said Plantations or Estates Me∫suages Lands
Tenements and hereditaments and all and singular other the premises Comprized in the aforesaid Indenture
of Release and Mortgage of the twenty first day of June One thousand eight hundred and ten And also
all and singular the Negroes and other Slaves upon or belonging to the said Plantations and hereditaments respectively
and the i∫sue offspring and increase of such Negroes and Slave and all Mules Cattle _____ live Stock then being upon or belonging to said plantations and
hereditaments respectively And also all Mills Stills Coppers and Plantation Implements and materials and dead
stock then upon or belonging to the same with the Appurtenances thereof To hold the same unto and
to the use of the Said Edmund Broderip the Younger and Thomas Strangways Homer their heirs executors
administrators and a∫signs respectively according to the nature and quality of the same Premises
respectively But neverthele∫s upon and for the trusts intents and purposes in and by the said therein
and also hereinbefore recited Indenture of Settlement declared of the same And Whereas
the for said principal Sum of Two thousand pounds so secured to the said William Manning
Frederick Manning and John Lavicount Anderdon was afterwards by various payments reduced
to the Sum of One thousand seven hundred pounds and they being desirous of receiving such
Sum lately called upon the said Richard Oliver Smith for payment thereof and he the said Richard
Oliver Smith being unable to discharge the same and also likely to want in a short time some further
pecuniary accommodation applied to and requested the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames to pay off the said William Manning Frederick Manning
Lavicount Anderdon and take and A∫signment of their Securities and also under him the said Richard
Oliver Smith such further pecuniary assistance from time to time As he might want and they the said
James Evan Baillie Hugh Duncan Baillie and George Henry Ames might think proper to
Grant in which they the said James Evan Baillie you Duncan Baillie and George Henry
Ames agreed to do and ^ on having as well the repayment of the said Sum of One thousand seven
hundred pounds so to be paid to thesaid William Manning Frederick Manning and John Lavicount
Anderdon as also of all other Monies to become due to them thesaid James Evan Baillie Hugh
Duncan Baillie and George Henry Ames their Executors Administrators and A∫signs for any of them
respectively or to their aforesaid Mercantile House as hereinafter more particularly mentioned together
with Interest at Six Pounds per Cent per Annum secured by such Mortgage and Consignments as and
in

To be continued to Page 192. Stay tuned for the third part.

Enjoy,

Jim

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