Part 609s – Smith Robertson Genealogy – Indenture Research – 1800 James, Robert, and William Smith – Saint Patrick – Part 2 of 5

29 November 2011

Good Day,

The detail included in this 1800 Document from the Grenada Registers of Records is amazing.

In the search for the origins and genealogy of my ggg-grandfather James Smith I am amazed at the far distances of the globe that the combination of persons in one Indenture can represent. Locations Included in this one Indenture are:
  • Britain
  • France
  • Ireland
  • Cavendish Square, County of Middlesex
  • Wadworth, County of York
  • City of London
  • Leytonstone, County of Essex
  • Camberwell, County of Surrey
  • Maxton near Dover, County of Kent
  • Parishes of St. Andrew and St. Patrick, Island of Grenada
  • Wolfinbüttel, Duchy of Brunswick, Lower Saxony

From Item 3 of the microfilm FHL [1563378] here are the next set of six pages: 9 through 14.


And my transcription –

9

Hundred and seventy six and thereby granted and released unto the said James Bogle French his Heirs and A∫signs as aforesaid and also in the hereinbefore recited Indentures of the twenty first and twenty second days of April one thousand seven hundred and eighty six and thereby granted and released or intended so to be unto and to the use of the said James Stewart Thomas Alexander Vander Du∫sen and Ninian Home their Heirs and A∫signs In Trust for the said James Bogle French his Heirs and A∫signs To hold the same unto the said Daniel Sill and his Heirs To the use of the said James Bogle French his Executors Administrators and A∫signs for the term of five hundred Years from the day of the date thereof Subject to such redemption in equity as the same Premises were by virtue of the said Indenture of the twenty second day of April one thousand seven hundred and eighty six subject and liable to and subject to the Proviso thereinafter contained and hereinafter mentioned touching the determination of the said term and from the determination of the said Term of five hundred years and subject thereto and also to redemption in equity as the said Premises were by virtue of the said Indenture of the twenty second day of April one thousand seven hundred and eighty six subject and liable to To the use of the said William Lushington and James Law their Heirs and A∫signs for ever And it is by the said Indenture of Release now in recital Declared that if the said William Lushington and James Law their Executors Admors or A∫signs should pay the amount of the said two several Bills of Exchange for Eight thousand six hundred and forty eight Pounds five shillings and three pence and eight thousand and Six hundred and forty eight pounds five shillings and three pence as and when the same Bills respectively ∫hould become due and payable and which said Bills were both duly paid | when and as they became due that then the said Term of five hundred years ∫should cease and determine And the said William Lushington and James Law in and by the said Indenture of Release now in recital covenanted with the said James Bogle French that they the said William Lushington and James Law their Executors or Administrators would well and truly pay the said Bond Debt of eight thousand Pounds and the Interest to accrue and become due thereon and would in the mean time indemnify the said James Bogle French his Heirs Executors and Administrators from the Payment thereof And Whereas the said Michael Scott in and by his last Will and Testament in Writing bearing Date on or about the thirteenth day of August which was in the Year of our Lord one thousand seven hundred and ninety one and executed and attested in such manner as is by law required for rendering valid devises of real Estates willed ordered and directed that all his just Debts and funeral Charges and the expenses attending the execution of his Will should be paid and satisfied and charged his real as well as Personal Estates with the Payment thereof And the said Testator gave devised and bequeathed unto his Son George Scott (who died in the said Testator’s life time without i∫sue) all his Plantations Lands Tenements Hereditaments and real Estates situate lying and being in the said Island of Grenada with all and singular the Me∫suages or Dwelling houses and all outhouses Offices Kitchens Stables Negro Houses Mill houses Mills Boiling houses Curing houses Still houses Stoves Cisterns Canals and all other Buildings Edifices and Erections of every sort on all or any of his said Plantations Tracts Pieces or Parcels of Land erected built standing or being and all Woods Underwoods Canes and other growing things thereon And also all the Negro and other Slaves of which he was 



Po∫se∫sed


10

Po∫se∫sed or which he was entitled to with the future i∫sue and increases of the Females of the said Slaves and all Horses Mules Cattle Sheep and other stock Plantation Tools Utensils and implements belonging to him and also all and every other Estate and Estates as well real as Personal belonging to him of whatever the same might consist and wheresoever the same might lie or be situate according to the rights and interest which he might have therein respectively To hold unto his said Son George Scott and the Heirs of his Body lawfully begotten for ever And for default of such i∫sue the said Testator thereby gave and devised the same unto his son the said Alexander Scott To hold unto his said Son Alexander Scott and the Heirs of his Body lawfully begotten for ever And for default of such i∫sue he thereby gave and devised the same as therein mentioned And the said Testator also gave and bequeathed unto each of his said Sons Alexander Scott and Robert Scott the sum of four thousand Pounds Sterling Money of Great Britain a Piece to be paid unto them respectively at their respective ages of twenty one Years by four annual installments of one thousand Pounds each the first Payment thereof to begin and be made on the days they ∫hould respectively attain their said Ages of twenty one Years And the said Testator thereby directed that in the meantime and until the whole should be paid the said Legacies should bear interest at the rate of six Pounds per cent per annum such interest thereof in the mean time to be applied towards the maintenance and education of his said Sons Alexander Scott and Robert Scott And the said Testator also gave and bequeathed unto each of his said three Daughters Mary Ann Scott Emma Scott and Frances now the Wife of the said _____ DeChilers the sum of Four thousand Pounds Sterling Money of Great Britain a Piece to be paid unto them respectively at the age of twenty one Years by four? annual installments of one thousand Pounds each the first Payment thereof to begin and be made on the day they should respectively attain their said age of twenty one Years and the said Testator thereby directed that in the mean time and until the whole should be paid the said Legacies should bear interest at the rate of six Pounds per Centum per Annum such Interest thereof in the mean time to be applied towards the maintenance and education of his said three Daughters Mary Ann Emma and Frances And the Said Testator did by his said Will charge the said several Legacies given and bequeathed unto his said two Sons and his said three Daughters upon all his aid Real Estates and did thereby subject the same to the Payment thereof And the said Testator Willed that if all the debts which he should owe at the time of his Decease to Persons resident in Europe ∫hould not be paid and discharged at the time when the first installment of the said several Legacies therein before given and bequeathed should become payable that then and in such Case the Payment of the said Legacies should be Postponed until after the Payment of his said Debts in Europe and the Payment of the first of the said installments should begin and be made at the expiration of one Year next after the said Debts should be paid off and discharge but neverthele∫s in the mean time the said several Legatees ∫should be intitled to receive interest at the rate aforesaid for their said respective Legacies our of the rents and Profits of his said real Estates And the said Testator appointed his said Son George Scott and his Friends the said Thomas Alexander Vander Du∫sen and Benjamin Webster and also his said Sons Alexander Scott and Robert Scott upon their attaining their respective Ages of twenty one Years Executors of his said Will and afterwards departed this life without revoking or altering his aid Will leaving the said Marthé Cornette Victorie De St Cyr Scott his Widow and the said Alexander Scott then an Infant (but who hath since attained the Age of Twenty one Years) his eldest Son and Heir at Law him surviving And Whereas by Articles of Agreement bearing date the thirty first day of August One thousand seven hundred and ninety two and made between the said Marthé Cornette Victorie De St Cyr Scott the Widow of the said Michael Scott and the said Alexander Scott then an Infant of the Age of Nineteen Years or thereabouts of the first Part the said William Lushington and James Law of the second 

Part

11

Part and Charles Ashwell of the Island of Grenada aforesaid Esquire since deceased of the third part the said Marthé Cornette Victoire De St Cyr Scott covenanted on behalf of herself and her Son in consideration of fifty one thousand Pounds Sterling to be paid by the said Charles Ashwell to sell to him as soon as the said Alexander Scott should come of age the two plantations called Madeys and Belividere and hereinafter mentioned and described and intended to be hereby release and certain Negroes and live and dead Stock thereon And the Said Marthé Cornette Victoire De St. Cyr Scott thereby agreed with the said Charles Ashwell in the Conveyance of the same Plantations to release and discharge the said Plantations called Madeys and Belividere of and from the Payment of all Sums of money charged thereon and made payable to her as and for her jointure and of and from all claims thereon in respect of and which she thereby agreed to accept and take out of the said Boulogne Estate And the said Charles Ashwell thereby agreed one thousand thousand Pounds in the following Manner the sum of twenty six thousand Pounds to the Party entitled thereto as in the said agreement mentioned and the sum of Twenty five thousand Pounds to the said William Lushington and James Law in reduction of their said Mortgage debt or to give them security for the same upon the Mortgage of the same two plantations And the said William Lushington and James Law did by the said agreement now in recital amongst other things ) covenant and agree that they would at the request and by the direction of the Executors of the said Michael Scott pay or cause to be paid unto thesaid Marthé Cornette Victoire De St. Cyr Scott or her A∫signs the Jointure Provision to which she was entitled out of her Husbands Estates by virtue of a Deed or Instrument bearing date the nineteenth day of November one thousand seven hundred and sixty-five from the Crops and Produce of the Boulogne Estate as long as the Produce thereof should be consigned to them and the same should be sufficient to pay the same And Whereas by certain other Articles of Agreement bearing date on or about the twenty-seventh day of March One thousand seven hundred and ninety-three and made between the said Charles Ashwell of the first part said William Lushington and James Law of the second part and Duncan Davidson of Bedford Square in the County of Middlesex Esquire of the third part Reciting in part the said last recited articles of Agreement of the thirty-first day of August One thousand seven hundred and ninety-two and that the said Duncan Davidson at contracted and agreed with the said Charles Ashwell for the Purchase of a part of the said Plantation called Belividere House and Gardens in which case tenant Acres were to be reserved around the same and in lieu thereof the like quantity of equal Value substituted from some other convenient and contiguous part of the said Lot and forty Acres on the West side of the River St. Patrick parallel to Mr. Davidson's line making in all One hundred Acres at or for the price or sum of Eighty Pounds Sterling per Acre amounting together to Eight thousand Pounds to be paid in Bills of Exchange at the following Dates (that is to say) one half payable five Months after the date one Quarter payable twelve Months after date and the remaining quarter thirteen Months after date And that is had been agreed by all the Parties 

thereto

12

Thereto that the said Bills of Exchange ∫hould be paid over to the said William Lushington and James Law in part of thesaid sum of Fifty-one thousand Pounds the purchase money for the whole of the said to plantations and their Appendages and that the said William Lushington and James Law should be in consideration of such payment joined the said Charles Ashwell in the Covenants and Agreements thereinafter mentioned It is Witne∫sed and the said Charles Ashwell William Lushington and James Law for themselves severally and respectively and for their several and respective Heirs Executors and Administrators Did for the considerations aforesaid covenant promise and agree to and with the said Duncan Davidson is Heirs and A∫signs should have obtained a complete title to the whole of the said plantations pursuant to the said last recited Articles he the said Charles Ashwell ^ and his Heirs and all other nece∫sary Parties should by good and sufficient conveyances in the Law well and effectually convey and a∫sure unto the said Duncan Davidson his Heirs and A∫signs free from all Incumbrances whatsoever All those the said One hundred Acres of Land thereinbefore particularly mentioned and described with the Appurtenances To hold unto the said Duncan Davidson is Heirs and A∫signs forever And Whereas by certain other Articles of Agreement bearing date the day of one thousand seven hundred and ninety-four made between the said Charles Ashwell of the first part the said William Lushington and James Law of the second part and Charles Snell Chauncey of Austin Friars London Esquire of the third part Reciting in part the said Recited Articles of thirty one August one thousand seven hundred and ninety-two and that the said Charles Snell Chauncey at contracted and agreed with the said Charles Ashwell for the purchase of thirty Acres of Land or thereabouts part of the said Plantation called Belividere thereinafter described _____ or for such price or sum of money as the same should be valued at by three indifferent persons one to be chosen by the said Charles Ashwell another by the said Charles Snell Chauncey and the third by the two persons as to be chosen as aforesaid or any two of them And have had been agreed by all the said Parties that Purchase Money for the said thirty Acres of Lands or thereabouts should be paid to thesaid William Lushington and James Law in part of the sum of twenty-five thousand Pounds by the said recited Articles of the thirty-first day of August one thousand seven hundred and ninety-two agreed to be a∫sumed by the said Charles Ashwell and by them paid to the said William Lushington and James Law as therein mentioned And that the said Charles Snell Chauncey accepted a Bill of Exchange bearing date the fourth day of the said Month of February drawn on him the said Charles Ashwell for the sum of two thousand Pounds Sterling able to the said William Lushington and James Law or their Order at four months site on account of the said Purchase Money to be added to or parts thereof to be returned as the case should require after the said Lands should be valued as after said It is Witne∫sed that the said Charles Ashwell and Charles Snell Chauncey covenanted with each other for the Sale and Purchase of the thirty Acres of Land as therein mentioned And the said William Lushington and James Law Covenanted with the said Charles Snell Chauncey that they would join in such Conveyances of all those the said thirty Acres of Land or thereabouts of that part of the said Plantation called Bellividere adjoining to the Plantation and Lands of the said Charles Snell Chauncey called Snell Hall and contiguous to One hundred Acres or thereabouts other part of the said Plantation contracted to be sold to the said Duncan Davidson with the Appurtenances in consideration of such sums of Money as the same ∫hould be valued and appraised at by the said three persons to be

chosen

13

Chosen as aforesaid or any two of them on account of which sum the said Bill of Exchange for two thousand Pounds had been accepted by the said Charles Snell Chauncey And that if the said sum of two thousand Pounds should be duly paid and the same should exceed the sum at which the said thirty Acres or thereabouts should be valued then that the surplus should be returned and paid to the said Charles Snell Chauncey who thereby agreed that in case the said valuation should exceed the sum of two thousand Pounds to pay unto the said Charles Ashwell so much money as with the said two thousand Pounds or so much thereof as should have been paid should make up the full amount of the said valuation such return or further Payment as the case might be to be made or soon as the amount of the valuation should be known in London by the Parties And it was thereby provided that the said sum of two thousand Pounds for which the said Bill of Exchange had been accepted should remain in the Hands of the said William Lushington and James Law their Executors and Administrators In trust and to the intent that if a good Title could not be made and given of the said plantation and Hereditaments to the said Charles Ashwell his Heirs and A∫signs within the space of three Years then next ensuing then that the said William Lushington and James Law should repay the said sum of Two thousand Pounds with lawful Interest unto the said Charles Snell Chauncey his Executors Administrators or A∫signs And in that case the said Charles Snell Chauncey should restore the Po∫se∫sion of the said Lands and paste such sum of Money as should by an indifferent person to be nominated for that purpose be judged reasonable under all the Circumstances of the case And Whereas by Indentures of Lease and Release bearing date respectively on or about the fourteenth and fifteenth days of June which was in the Year of our Lord one thousand seven hundred and ninety-seven the release being made or expre∫sed to be made between the said William Lushington of the one Part and the said James Law of the other Part After reciting as or to the Effect hereinbefore recited and reciting that there was due and owing by the said Michael Scott or his estate to the said William Lushington and James Law on the thirtieth day of April One thousand seven hundred and ninety-six upon and by virtue of the said recited securities so transferred to them by the said Indentures of the twenty-eighth and twenty-ninth days of July one thousand and ninety-one the several sums of fifty-five thousand five hundred and thirty-eight Pounds eight shillings and One thousand seven hundred and seventy-four Pounds four shillings and nine pence And reciting that the said William Lushington and James Law on or about the fifth day of February One thousand seven hundred and ninety-six mutually agreed to di∫solve the Partnership then subsisting between them on and from the said thirtieth day of April one thousand seven hundred and ninety-six and the said William Lushington had nominated James Robertson of Throgmorton Sheet in the City of London Merchant on his behalf as an Arbitrator and that the said James Law in like manner had nominated Sir Francis Baring of Devonshire Square in the said City of London Baronet on his behalf as an Arbitrator for the apportionment division and of allotment of the property and effects of the said Partnership And reciting that the said James Robertson and Sir Francis Baring by their Award in writing under their Hands and Seals bearing date the thirteenth day of August then last (amongst other things) awarded that the several sums of Money mentioned in the second Schedule to their award annexed including the said several sums of fifty-five thousand five hundred and thirty-eight Pounds eight shillings and one thousand seven hundred

and

14

And Seventy-four Pounds four shillings and nine pence so due to the said William Lush ington and James Law should belong to and become the separate Property and be at the separate risque of the said James Law And the said Arbitrators did further award that the several sums of money mentioned in the fourth Schedule to their Award annexed being Debts due by the said William Lushington and James Law as Partners on the said thirtieth day of April should be paid and discharge to the several persons to whom they were severally due by the said James Law his Heirs Executors or Administrators out of his and their own proper monies and effects And they did further award that the said James Law ∫hould indemnify the said William Lushington his Heirs Executors and Administrators of and from the Payment of all and every the debts mentioned and specified in the fourth Schedule to their Award annexed And they did further Award that all the Lands tenements Slaves Cattle and real and Personal property Mortgaged to thesaid William Lushington and James Law for securing the said sum of fifty-five thousand five hundred and thirty-eight Pounds eight shillings mentioned in the said Second Schedule to be due from the said Michael Scott with the Appurtenances and all benefit and advantage of Consignments Commi∫sion and Factorage appurtenant to such debt or any part thereof free from all Incumbrances made by the said William Lushington and James Law but subject to such equity of redemption as such Mortgaged Premises were then subject to as against them should be so a∫signed transferred and conveyed by them and all claiming under and In Trust for them as that the same should be made and effectual collateral security to thesaid William Lushington his Heirs Executors and Administrators in the first instance for his and their indemnity against the Covenant contained on the part of him @the said James Law in the said Indenture of Release of the twenty-ninth day of July One thousand seven hundred and ninety-one whereby the said William Lushington and James Law covenanted to paid the before mention debt of Eight thousand Pounds and Interest secured by the bond of the said James Bogle French to the said Peter Christopher Algehr and Ann his Wife and to indemnify the said James Bogle French there from and also against the Covenants contained on the Part of the said William Lushington and James Law in the said Articles of Agreement dated the twenty-seventh day of March one thousand seven hundred and ninety-three and also against the Covenants contained on the Part of the said William Lushington and James Law in the said Articles of Agreement of the day of one thousand seven hundred and ninety-four and against all other matters relating to the effects mentioned in the said second Schedule and against all Debts mentioned in the said fourth Schedule and Subject to such Security and indemnity so as that the same Mortgaged property and the same debts might best and be held In Trust for the said James Law his Heirs Executors Administrators and A∫signs And Reciting that the said James Law had pursuant to the said award paid all the debts and engagements mentioned in the said fourth Schedule except the debts and engagements set forth in the Schedules to the Indenture of Release now in Recital It is by the said Indenture of Release now in recital Witne∫sed that in Obedience to and on part performance of the directions of the said Award and for other the Considerations therein mentioned the said James Law did grant bargain sell alien remise release a∫sign transfer and set over unto the said William Lushington his Heirs Executors Administrators and A∫signs All the part and ∫hare of him the said James Law of and in all and singular the said several Plantations Pieces or Parcels of Land Me∫suages buildings fixtures and Premises comprised in the said therein and hereinbefore in part recited Indentures of the Twenty Eighth and twenty-ninth days of July

One

The next set, Pages 15 through and including 20.

Enjoy,

Jim.

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