Part 471s – Smith Robertson Genealogy – Indenture Research – 1822 – Richard Oliver Smith – 4 of 6

14 March 2011

Good Day,

Following up with my announcement in Part 467s, and my search and research of the genealogy of ggg-grandfather James Smith here is the 4th 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 198 through and including 203 are downloaded from the microfilm FHL [1563379].


My transcription continues from Page 197 presented in Part 470s.

(198)

Into Money the said Consignments to be made to them or such other nominated House or firm
as aforesaid and shall pay return and apply the monies arising thereby in manner following (that is to say)
In the first place in discharge of all and every Sum and Sums of money which shall become due to them
or any of them for Commi∫sions Insurance freight duties supplies for and other incidental Charges and
expenses occasioned or incurred on account or in respect of the said Plantations and Premises herein Comprized
or intended so to be and in the next place in payment and discharge of the principal and interest Monies hereby
secured or intended so to be by or in the part shares or installments and at times and in manner
hereinbefore expre∫sed and by cats and in which the same shall be and become payable under the powers
hereinbefore contained in that behalf and after and afor all such Monies Costs and expenses as aforesaid
shall from time to time be fully paid and satisfied then shall pay over the residue or surplus of the
Monies from time to time to and from the Sale and Convention of the Crops and Produce to be
Consigned as aforesaid unto the said Edmund Broderip Younger and Thomas Strangways Homer
or the here ever? of them their or his heirs or a∫signs to be by them or him held and applied upon and for
the trusts and purposes to be for the time being Sistine of and concerning the Same and which shall not
have been anticipated or postponed and defeated by means of the previous trust hereinbefore declared for
payment of the principal and interest Monies hereby secured or intended so to be And it is hereby
declared and agreed that the receipt and receipts of the said Edmund Broderip the Younger
and Thomas Strangways Homer and the Survivor of them their and his heirs or a∫signs or other the
trustees or trustee for the time being of or under the said Indenture of Settlement of the thirteenth day of
August One thousand eight hundred and nineteen shall be good and absolute releases acquittances and
discharge both for and from all liabilities so due to the application of all or any monies that shall be paid to
them or him or any or them under the said trust lastly hereinbefore ^ lastly declared in that behalf Provided
always And it is hereby expre∫sly agreed and declared that if at any time
or _____during the Continuance of this Security any one or more part or Stallman to parts or installments of
the said principal and interest monies hereby secured or intended so to be or any portion or portions
thereof respectively shall be in a rear and unpaid for the space of three Calendar Months or more next after the
days or times hereinbefore pointed for payment thereof Or if such Crops and Produce of the said Plantations
and Premises herein Compromized or intended so to be shall not from time to time and at all times hereafter during
the Continuance of this same Security the duly and regularly shipped and assigned to the said House of the
said James Evan Baillie Hugh Duncan Baillie and George Henry Ames or to such other House or Firm
either in Bristol or London as they the said James Evan Baillie Hugh Duncan Baillie and George
Henry Ames or any of them their or any of their Executors adminis^trators or a∫signs or other the person or persons for the time
being intitled to the benefit afor interested in the present Security or any of them shall appoint pursuant to the
Agreement and Covenant hereinbefore in that behalf Contained Then and in any such Case and immediately
thereupon the principal and interest Monies for the time being secured by over from then present shall no longer
be payable in the installments and at the times hereinbefore for that purpose appointed but the whole of such
principal and interest shall forth with the calm and notwithstanding the subsequent reference of payment of
and Such Installment or Installments or the subsequent receipt of any Such Consignment or Consignments as
aforesaid shall remain Continue and be payable to and recoverable by the said James Evan Baillie
Hugh Duncan Baillie and George Henry Ames their executors administrators or a∫signs or other the
person or persons entitled to receive the same as a present debt anything herein continued to the Contrary
notwithstanding And moreover that if the said Richard Oliver Smith his heirs executors

Administrator


(199)

Hereditaments Administrators or a∫signs shall at any time or times after the whole of
such principal and interest Monies shall have become a present debt as aforesaid make default in payment thereof
or any part thereof effectively for the I∫sues of Six Calendar Months next after he or they or any of them shall
be required to pay the same by nature ______ _____ if from the Said James Evan Baillie Hugh Duncan Baillie
and George Henry Ames or any of them or the partners or part ______ _____ of or representing or succeeding
their said House or firm in any manner _____ _____ as aforesaid or their executors administrators or a∫signs
or any of them (such notice to be either served personally or left at the usual or last known Place of abode of the
said Richard Oliver Smith his heirs executors administrators or a∫signs or sum or one of them in England or
in the said Island of Grenada or elsewhere or _____ to him or them or any of them at any such
===== Place as aforesaid and _____ by or through the _____ of the _____ _____ or Parishes or other Office for
the public Conveyance of Letters and the said Six Calendar Months to be calculated from the day whereon such
notice shall be so served given or left on just into or delivered as such General Post or Packet or other Office
as aforesaid) Then and in any such _____ but not _____ _____ shall and may be lawful to and for the said James
Evan Baillie Hugh Duncan Baillie and George Henry Ames and the Survivors and Survivor of them
their or his heirs executors administrators or a∫signs ^ a∫signs respectfully at any time or times thereafter absolutely
to sell and dispose of or ^offer for sale or cause to be _____ sold and disposed of or offered for sale the said
Plantations or Estates Lands Slaves Stock hereditaments and premises hereby Granted and a∫signed respectively
or any part or parts thereof either by public auction or private Contract in England or in Grenada aforesaid
and either together or in Lots or parcels and from time to time as they in or rescind any Contract for the Sale
of the same were any part thereof and to offer the same or any part or parts thereof Sale _____ in such
manner and from time to time as repeatedly and of and in as they or he shall or their or his direction think
fit without the Consent or Concurrence of the said Richard Oliver Smith his heirs executors administrators
or a∫signs respectively of the said Edmund Broderip the Elder his executors administrators or a∫signs
or of the said Mary Smith or her A∫signs And that either subject to the aforesaid Annuity of the said
Sarah Dean the said reduced Legacies or Sums of One thousand two hundred pounds And One thousand
two hundred pounds thesaid Mortgage debt of Four thousand one hundred and five space pounds as the
aforesaid Sum of Seven thousand pounds or any of them or any part or parts thereof respectively in _____
freed and discharged from the same or any of them or any part or parts thereof respectively as thought
proper And if they the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
or the Survivors or Survivor of them their or his Heirs executors administrators or a∫signs respectively
shall deem it advisable to sell the said Plantations or Estates Lands Slaves Stock Hereditaments
and Premises in the said Island of Grenada then and in such Case it shall and may be lawful for
them or him by any writing or writings under this or his Hands or Heirs? to appoint one or more
Attorney or Attorneys Agent Agents in the said Island for such purpose and thereby to give to him or
them such powers of selling contracting for sale conveying a∫signing and receiving purchase monies as they the
said James Evan Baillie Hugh Duncan Baillie and George Henry Ames and the Survivors and
Survivor of them their or his heirs executors administrators or a∫signs respectively shall in their or his discretion think fit
Provided always and it is hereby declared that it shall and may be lawful for the
said James Evan Baillie Hugh Duncan Baillie and George Henry Ames and the Survivors and Survivor
of them or his heirs executors administrators or a∫signs respectively if they he or he shall so think proper by
themselves or himself or by their or his Attorneys or Agents Attorney or Agent at any time or times after the
said Plantations or Estates Lands Slaves Stock Hereditaments and Premises shall become Saleable as
aforesaid

(200)

Aforesaid to sell and dispose of the same or any part thereof or authorize the terms to be sold
and disposed of as aforesaid either in England or in Grenada to any person or persons whomsoever upon
Credit for such period or periods and in such manner as the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames or the the Survivors or Survivor of them their or his heirs executors
administrators or A∫signs effectively or their or his Attorney or Agent Attornies or Agents shall think fit
so that the purchase money or monies or any part thereof force which such Credit shall be Given? With interest at no
le∫s than five pounds per Cent for the same be duly and effectually charged or secured by way of
Mortgage or Mortgages to the said James Evan Baillie Hugh Duncan Baillie and George Henry
Ames or the Survivors or Survivor of them their or his heirs executors administrators or a∫signs respectively
upon the premises to be sold and do remain or secured until the same shall be fully discharged And for
the purpose of effecting any such Sale or Sales _____ aforesaid of the said Plantations or Estates lands Slaves
Stock hereditaments and premises It is hereby further agreed and declared that
it shall and may be lawful for the said James Evan Baillie Hugh Duncan Baillie and George Henry
Ames and the Survivors and Survivor of them their or his heirs executors administrators or a∫signs for their or his
Attorney or Attornies Agent or Agents to be especially appointed as aforesaid to enter into make and execute
or cause or authorize to be entered into made and executed all nece∫sary Contracts with and Conveyances
A∫signments and other A∫surances to the Purchaser or Purchasers thereof or as he she or they shall order
or direct And it is hereby agreed and declared between and by all and every the
parties hereto that all and every the Sale Conveyances a∫signments a∫surances acts deeds Matters and
change which shall be done made or executed by the said James Evan Baillie Hugh Duncan Baillie
and George Henry Ames or the Survivors or Survivor of them their or his heirs executors administrators or
a∫signs respectively as by such their or his Attorney or agent Attornies or Agents to be appointed for that
purpose as aforesaid of and concerning the premises hereby authorized to be Sold as aforesaid shall be
_____ and effectual in the Law through the said Richard Oliver Smith his heirs executors administrators
or a∫signs respectively and the said Edmund Broderip the Elder his executors administrators or a∫signs
and the said Mary Smith and her A∫signs shall not execute the same or join there in or _____ thereto
as such Conveyances A∫signments A∫surances acts deeds matters and things would have been if the said
Richard Oliver Smith his heirs executors administrators or a∫signs and the said Edmund Broderip the
Elder his executors administrators or a∫signs and the said Mary Smith or her A∫signs had duly executed
the same or joined therein or a∫sented? thereto And that the receipt or receipts in writing of thesaid
James Evan Baillie Hugh Duncan Baillie and George Henry Ames or the Survivors or Survivor of them
their or his heirs executors administrators or A∫signs effectively or of such their or his Attorney or Agent
Attornies or Agents to be appointed for that purpose as aforesaid shall be a sufficient and effectual discharge
as _____ discharged ______ purchaser or purchasers of all or any part of the same premises for his her or their purchase
money or monies in so much thereof respectively as shall be thereby acknowledged to be received and that the
same purchaser or purchasers his her or their heirs executors administrators or a∫signs shall not afterwards
be answerable or accountable for the lo∫s misapplication or _____application or be in any wise obliged
or Concerned to see to the application of or to the nece∫sity of securing the money in such receipt or receipts
acknowledged to be received or any part thereof nor shall such purchaser or purchasers be in any wise
obliged or concerned to see or inquire into the actual nece∫sity or write of raising the Money in such receipt
or receipts acknowledged to be received or any part thereof of making any such Sale or Sales as aforesaid
And it is hereby agreed and declared between and by all the Parties
hereto

(201)

Hereto that the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames their
heirs executors administrators and a∫signs respectively shall _____ _____ _____ po∫se∫sion of and interested in the
Monies to arise from the Sale or Sales of the Plantations or Estates Lands Slaves Stocks Hereditaments and
premises hereby granted and a∫signed respectively or intended so to be Upon and for the trusts intents and
purposes following that is to say In trust in the first place to pay and Satisfy or retain all Costs
and Expenses attending any such Sale or Sales or attempted Sale or Sales or otherwise to be incurred in the
execution of the trusts or provisoes hereby declared or given And in the Second place in case the said Plantations
or Estates Lands Slaves Stock Hereditaments and premises shall be sold freed and discharges from Such
Several incumbrances as aforesaid or any of them or any part thereof respectively Then Upon trust
to pay off Satisfy and discharge the Sums incumbrances or such of them from which the said premises may
be sold freed and discharged and also the present Security and to pay and _____ accordingly all Monies
due upon or by virtue or in respect of the Same instead? _____ and course? according to their several and respective
priorities the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames or such other the
future partner or partners or person or persons for the time being of or representing or succeeding? the aforesaid house
or firm of in any manner subsisting as aforesaid and every of them their and every of their executors adminis
trators and a∫signs retaining and preserving their priority _____ the Interests of the said Richard Oliver
Smith Edmund Broderip the Elder and Mary Smith and every of them in the aforesaid several Sums of
Four thousand one hundred and five pounds and five pounds and Seven Hundred pounds and the interest thereof respectively
according to the true intent of these presents and so for as the same _____ _____ _____ _____ _____ _____
circumstances will admit And in _____ to the purposes of _____ _____ hereby _____ agreed and
declared that is shall and may be lawful to and for the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames and the Survivors and Survivor of them their and his Heirs
executors administrators or a∫signs respectively to adjust compromise compound? _____ _____ _____
or otherwise settle according to their or his discretion the amount of monies _____ _____ and
expenses due or claimed upon or in respect of such incumbrances at _____ _____ ^_____ any of them
respectively and also to make and enter into any arrangements whatsoever with thesaid Sarah Dean
or her A∫signs for the purchase or commutation and release of her aforesaid Security and in pursuance
thereof to pay her or them any Sum of Money as the Consideration for such purchase or _____ buy out
any Sum of Money in the purchase of any Government or other Annuity to be commuted for and by her accepted in lieu of her aforesaid annuity in such way and manner and upon such sums? as thought
proper lest if the said Plantations or Estates lands Slaves Stock Hereditaments and premises shall be
sold subject to all such incumbrances as aforesaid Then in the second place Upon trust or to the
intent (to pay and satisfy or retain to themselves the said James Evan Baillie Hugh Duncan Baillie
and George Henry Ames their executors administrators or a∫signs or other the person or persons entitled
thereto the said Sum of One thousand seven hundred pounds and such other Sum or Sums as are now due
and owing to them as aforesaid and all further advances and other Monies hereby secured or intended
so to be as aforesaid not exceeding in the whole the Sum of Three thousand Pounds as aforesaid or so much
thereof respectively as shall be then sue and owing and the interest thereof and all Costs and expenses
(if any) attending any non payment thereof as to any surplus monies after al such payments as?
aforesaid and in either of the cases aforesaid In trust so pay over the same unto the said
Richard Oliver Smith his heirs executors administrators or a∫signs for his or their more benefit
Provided always and it is hereby agreed and declared that the said James Evan Baillie
Hugh

(202)

Hugh Duncan Baillie and George Henry Ames their several heirs executors and
administrators or any of them shall ^not and be answerable to or was unable for the _____ _____ receipts
or defaults of any Agent Attorney Deputy or other person to be entrusted or employed in or about the said
Plantation and other Premises herein comprised or any of them in the Sale thereof under the trusts
or powers herein Contained but that the same shall be at the risk of and be wholly borne by the said
Richard Oliver Smith his heirs executors administrators and a∫signs respectively Provided
always and it is hereby ^expre∫sly agreed and declared that notwithstanding these presents or any thing
herein Contained the said James Evan Baillie Hung Duncan Baillie and George Henry Ames
their executors administrators and a∫signs shall retain and be entitled to such and the same priorities
rights and privileges for the Security and in respect of the aforesaid Sum of One thousand seven hundred
Pounds so by them paid to the said William Manning Frederick Manning and John Lavicount
Anderdon in discharge of their aforesaid Mortgage debt as hereinbefore mentioned and the interest thereof
as they the said William Manning Frederick Manning and John Lavicount Anderdon were
themselves entitled to in respect of the same and that all Monies which shall at any time or times hereafter
be paid to or retained by the said James Evan Baillie Hugh Duncan Baillie and George
Henry Ames or any such future Partner or Partners Person or Persons for the time being of or representing
^or succeeding their aforesaid House or Firm as aforesaid their executors administrators and assigns or any of them
in or towards the part duties function and discharge of the monies for the time being due upon or by virtue
of these presents shall be Considered as applicable and be applied accordingly in the first place in or
towards the satisfaction or reduction of all such parts of the said Monies as shall not be compared of or
due in respect of the said Sum of One thousand Seven hundred pounds so paid to the said William
Manning Frederick Manning and John Lavicount Anderdon as aforesaid so that the priorities rights
and privileges in respect of the same Sum and interest may be Continued and kept on foot? and in full
force until the whole of the Monies intended to be secured by these presents shall be fully paid and
satisfied And the said Richard Oliver Smith doth hereby for himself his heirs executors and
administrators covenant and agree with the said James Evan Baillie Hugh Duncan Baillie and
George Henry Ames their Executors Administrators and a∫signs that he the said Richard Oliver Smith
his heirs executors administrators or a∫signs or some or one of them shall and will well and truly pay
or cause to be paid unto the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
their executors administrators or a∫signs or other the person or persons entitled to receive the Same as well
the said Sum of One thousand seven hundred pounds and other Sum or Sums of Money or already due and
owing from him to the said Richard Oliver Smith to the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames as aforesaid as also all other Sum and Sums of Money whatsoever
intended to be hereby secured as aforesaid together with interest ^for of the same respectively after the rate
aforesaid by as in the instalments in shares at or upon the several days or times and in manner
hereinbefore mentioned and appointed for payment thereof respectively shall and will _____ or if the
same or any part thereof shall by any such means as aforesaid become payable and recoverable as a present
Debt as hereinbefore shall and will immediately and without delay pay the same and every part thereof accordingly
respectively And the said Richard Oliver Smith doth himself his heirs executors and administrators
grant and further Covenant promise and agree to and with the said James Evan Baillie Hugh
Duncan Baillie and George Henry Ames their heirs executors administrators and a∫signs respectively
by these Presents in manner following (that is to say) That he the said Richard Oliver Smith with such
Concurrence

(203)

Concurrence as hereinbefore contained hath in himself good right and full power to release and
convey all the Plantations or Estates Lands Slaves Stock Hereditaments and Premises hereby released
and a∫signed respectively with their appurtenances unto and to the use of the said James Evan Baillie
Hung Duncan Baillie and George Henry Ames their heirs executors administrators and a∫signs
respectively according to the different legal qualities thereof freed and discharged and subject and
without prejudice respectively as and in manner and for the purposes aforesaid according to the true
intent of these presents And also that if default shall be made in payment of the said Sum of One
thousand seven hundred pounds so already due as aforesaid or any part thereof or of any future advance
or other monies as aforesaid contrary to the aforesaid proviso and agreement for payment of the same Then
and in such case it shall and may be lawful to and for the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames their heirs executors administrators or a∫signs at any time or times
thereafter into and upon all and every the Plantations or Estates lands Slaves Stock hereditaments
and premises hereby released and a∫signed respectively or intended so to be or any part thereof to
enter and the same thenceforth peaceable and quietly to hold occupy and enjoy according to the
different legal qualities of the same and to receive and take the rents i∫sues produce and profits thereof
without any let Suit or interruption whatsoever if from or by the said Richard Oliver Smith his heirs
executors administrators or a∫signs … respectively or any person or persons whomsoever having or
claiming or hereafter to have or claim any lawful or equitable estate right title or interest in to or out of
the same Plantations or Estates Slaves Stock Hereditaments and Premises or any of them except
the several prior or other incumbrances thereof hereinbefore mentioned and excepted their heirs executors
administrators and a∫signs in respect of their incumbrances as aforesaid and that free and clear and freely
and Clearly acquitted exonerated and discharged or otherwise by the said Richard Oliver Smith his
heirs executors or administrators saved kept harmle∫s and indemnified of from and against all former
and other Gifts Grants Bargains Sales Jointures Dowers Mortgages Use Wills Entails Statutes
Judgments Recognizances Executions Sequestrations Rents Sums of Money forfeitures reintries? and
all other estates titles troubles charges and incumbrances whatsoever (except only as aforesaid) And
Moreover that he the said Richard Oliver Smith his heirs executors and administrators
respectively and all and every other persons and persons whomsoever having or Claiming or to Claim
any estate right title or interest of in or to the Plantations or Estates Lands Slaves Stock hereditaments
and premises hereby released and so? a∫signed respectively or intended so to be or any part thereof other
than and except the said several prior incumbrances their several heirs executors administrators and
a∫signs during the Continuance and in respect of their several incumbrances aforesaid shall and will at all
times hereafter upon every request of the said James Evan Baillie Hugh Duncan Baillie and George
Henry Ames their heirs executors administrators or a∫signs but at the proper Costs and Charges of him the
said Richard Oliver Smith his heirs executors or administrators make do and execute or Cause and from _____
to be made done and executed all and every such further and other lawful and reasonable acts deeds
matters conveyances and a∫surances in the Law whatsoever for the further better and more perfectly Conveying
and a∫signing all the Plantations or Estates Lands Slaves Stock Hereditaments and Premises hereby
released or a∫signed respectively or intended so to be with their appurtenances unto and to the use of the
said James Evan Baillie Hugh Duncan Baillie and George Henry Ames their heirs executors
administrators and A∫signs respectively according to the several different properties or legal qualities
thereof freed and discharged and subject and without prejudice as and in the manner aforesaid as by them
or

Next, Part 5 of 6.

Enjoy,

Jim

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