Part 530s – Smith Robertson Genealogy – Indenture Research – 1801 Benjamin D’hariet Smith – Curé of the French Church?

18 June 2011

Good Morning,

And the Transcription Project continues…

This morning’s Indenture from the Grenada Register of Registers was made 30 December 1800 and entered to the Registers 5 March 1801. The prime parties are Benjamin D’Hariet Smith of Grenada, James Park of Trinidad, and Doctor Alexander Cockburn of Grenada. It appears that the property in question, in the Town of Saint George, began as a lease 14 August 1775 between Benjamin Duharriet, Curé of the French Church in the Parish of Saint George and one David Merril.

Now are Benjamin D’hariet (aka d’Harriette) Smith of this 1800 Indenture and Benjamin Duharriet of 1775 the same person? At this juncture, I do not know. They could well be as I have discovered multiple iterations of the spelling of Benjamin D’Harriette Smith’s name, especially the D’Harriette. I immediately jumped to the conclusion that they were one and the same, that is until I noticed that the Benjamin the Curé of 1775 did not have the last name of Smith included beside his name in the Indenture.

There is no hint of any clue to any connection to ggg-grandfather James Smith…and so I continue.

The following images are the pages downloaded from Item 2 of the microfilm FHL [1563378]; Pages 481 through and including 484.


And my transcription. (My apologies if I miss a letter here or there on this work. The batteries on my electronic keyboard seem to be giving up slowly.)

(481)
Examined
Entered 5th March 1801. This Indenture made the thirtieth day of December in the forty-first year
of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain
France and Ireland King defender of the faith and so forth, and in the year of our
Lord One thousand eight hundred; Between Benjamin D'hariet Smith of the Island of
Grenada Merchant and James Park of the Island of Trinidad also merchant of the one
part and the honorable Alexander Cockburn of the said Island of Grenada Doctor of
Physic of the other part; Whereas by various a∫signments of or term of namely nine
years created by a lease bearing date the fourteenth day of August One thousand seven
hundred and seventy five and made between Benjamin Duharriet Curé of the

French

(482)

French Church in the parish of Saint George in the Island of Grenada of the one
Part, and David Merril of the other part, of a certain lot of land the said Benjamin
D’hariet Smith and James Park are now po∫se∫sed of the Lot hereinafter mentioned being
one morety of the lot leased by the said Benjamin Duhariet in and by the aforesaid lease
which they have agreed to sell and dispose to the said Alexander Cockburn for the Price or
Sum of five hundred pounds lawful Current money of the Island of Grenada Now this
Indenture witne∫seth that for and in Consideration of the Sum of five hundred
pounds lawful Current money of the Island of Grenada to the said Benjamin D’hariet
Smith and James Park in hand well and truly paid by the said Alexander Cockburn
at or immediately before the sealing and delivery of these presents, the receipts whereof
they do hereby acknowledge, and thereof and of every part thereof do acquit release and
discharge the said alexander Cockburn his executors and admǒrs for ever by these pre
sents They the said Benjamin D’hariet Smith and James Park have and each of them
hath granted bargained sold a∫signed transformed and set over and by these presents
do, and each of them doth grant bargain sell a∫sign transfer and set over unto the said
Alexander Cockburn his executors administrators and a∫signs all the aforesaid leases and
a∫signments and also all that lot or piece or parcel of land situate lying and being in
the Carenage in the Town of Saint George and Island of Grenada aforesaid now in the
po∫se∫sion of the said Benjamin D’hariet Smith and James Park and being part or par
cel of the Glebe land formerly belonging to James Carson and John Hutchings whereof
with a water lot a division was made the seventh day of November One thousand
seven hundred and ninety One, containing by admeasurement two Thousand one
hundred and six superficial square feet, and bounded on the South west by land late
in the po∫se∫sion of John Hutchings deceased; on the North East by land late in the po∫se∫sion
of Thomas Bennett deceased, and North west by land also late in the po∫se∫sion of the same
Thomas Bennett, on the South East by other lands of the said James Park and Benjamin
D Smith, and or tending in front twenty four feet from North East, to South West as
by a Diagram or Plan to him of the Premises aforesaid at the time the division afore
said was made in the po∫se∫sion of the said Alexander Cockburn and signed by the
said James Carson and John Hutchings will more fully and clearly appear together with
all and singular dwelling houses me∫suages Outhouse Stables Kitchens Edifices erection
and building ways Paths Pa∫sages waters water Courses easements Rights Commodities
advantages emoluments rights members Tenements hereditaments and appurtenances
whatsoever to the said lot or Piece or parcel of land or ground belonging or in any wise
appertaining or at any time heretofore accepted reputed seemed taken or known uses occu
pied and enjoyed with the same or any part or Parcel thereof and the reversion and
reversions remainder and remainders rents I∫sues and Profits of all and singular the
said Premises and if every part thereof with the appurtenances and also all the estate
Right

(483)

Right Title Interest Property Form of years yet to come and _____ po∫se∫
sion Claim and demand of them the said Benjamin D’hariet Smith and James
Park of in and to the said lot or Piece or parcel of land or ground and Premises
hereby a∫signed or intended so to be and every Part and parcel thereof with the appur
tenances To have and To hold the said lot Piece or parcel of land or ground
and every Part and parcel thereof with the appurtenances unto the said Alexander
Cockburn his executors admǒrs and a∫signs for and during all the rest residue and
remainder of the term of years yet to come and unexpired of and in the said to Piece
or parcel of land or ground in as full ample and beneficial a manner to all
Intents and purposes as the said David Merril or James Park and Benjamin D’
hariet Smith could have held used occupied or enjoyed the same subject neverthe
le∫s to the yearly quit rent resowed and payable out of or for in respect of the said
hereinbefore a∫signed or intended to be a∫signed lot or piece or parcel of land or ground
in and by the said hereinbefore xxxxxxxx xx xxxxxxxxxxxxxxxxxxxxx xx xx xxxxxxx xxx xx xxxx xx xxx
xxx xx xxxx xxx xxxxxx xx xxx xx xx xxxxxxxxx mentioned Lease and the
said Benjaming D’hariet Smith and James Park for themselves their heirs executors and
administrators do and each of them doth hereby covenant promise and agree to and
with the said Alexander Cockburn his executors admǒrs and a∫signs in manner following
that is to say that is shall and may be lawful to and for the said Alexander Cockburn
his executors administrators and a∫signs and each and every of them to enter into have
hold occupy po∫se∫s and enjoy all and singular the said herein before a∫signment or intended
to be a∫signed lot Piece or parcel of land or ground with the appurtenances for and during
all the rest residue and remainder yet to come and unexpired of the said Term of and
in the said piece or parcel of land or ground created by the hereinbefore mentioned Leases
without any let Suit Trouble denial eviction ejection molestation or disturbance whatsoever
of or from the said David Merril Benjamin D’hariet Smith and James Park or either
of them their or either of their executors and administrators or of or from any person or
persons claiming or to claim by from or under any former or other lease or leases or
a∫signment of lease or leases or otherwise howsoever by the said Benja
min D’hariet Smith and James Park and the Survivor of them their executors
and administrators and the executors or admǒrs of such survivor saved defended
kept harmle∫s and indemnified of from and against all and all manner of former
and other Gifts Grants bargains sales mortgages uses Charges or Incumbrances what
soever made done committed or executed or wittingly or willingly suffered by the said
Benjamin D’hariet Smith and James Park or either of them or any other person or
persons lawfully claiming or to claim by from through under or in Trust for them or any
of them and further that the said Benjamin D’hariet Smith and James Park
their

(484)

Their executors and administrators and all and every other person and persons
whatsoever having or lawfully claiming any estate right title or Interest of in or to the
premi∫ses hereby bargained and sold ^and a∫signed or intended so to be or any part thereof shall and
will at any time hereafter at the proper Costs and Charges in the law of the said Alex
ander Cockburn make do and execute or cause or procure to be made done and executed
all and every such further and other lawful and reasonable acts deeds Thing and
Things Conveyances and a∫surances in the law for the further better more perfect and
absolute a∫signing conveying and a∫suring the same unto the said Alexander Cockburn
his executors administrators and a∫signs for the remainder of the term aforesaid accor
ding to the true Intent and meaning of these Presents as by the said Alexander Cockburn
his Executors and administrators or his or their Counsel learned in the law shall be reason
nably advised or devised and required In witne∫s whereof the said Benjamin D’
harriette Smith hath hereunto set his hand and Seal and also the hand and Seal of the
said James Park and fully authorizing him so to do as by the record thereof remaining
in the Register Office of the said Island reference being thereunto had will more fully approved
the day and year first above written
D.B. (LS) Smith
J by (LS) Park
His atty B. D. Smith
Sealed and delivered in the presence of
Chas Miles
Jnt Thos. Proby
Received the day and year first within written of and from the within named Alexan
der Cockburn the Sum of five hundred Pounds Current money of Grenada being the Conside
ration money within mentioned and agree to be paid by him to me I say received
£500 Curry
James Park By his att
B.D. Smith
B.D. Smith
Witnes∫
Jno. Thos. Proby
Grenada Acknowledged before me by Benjamin d’harriette Smith one of the
parties of the within Indenture of a∫signment as and for his free and voluntary act and
deed and also by he said Benjamin d’harriette Smith as the attorney in the name of and
as and for the free and voluntary act and deed of James Park the other party to the said
Indenture this fifth day of March one thousand eight hundred and one.
G. H.Horsley Dep Register.

The above-inserted image is a 1910 photograph of the Interior of the Roman Catholic Church in the Parish of St. George's, Grenada found at the site Place Information Vacation Destination.

On to the next Indenture.

Enjoy,

Jim

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