Part 618s – Smith Robertson Genealogy – 1801 William, Robert, James – Belvidere, Boulogne, Madeys and Union Estates and Plantations – Part 2 of 6

09 January 2012

Good Day,

I am amazed at the number of persons involved in the making of this contract concerning the four Plantations and Estates in the Parish of St. Patrick in Grenada. The four Plantations and Estates are Belvidere, Boulogne, Madeys, and Union. This is a part of my work, research, and search for the genealogy, ancestry, and origins of my ggg-grandfather James Smith.

From the August, 1824 Reference to The Plan of The Island of Grenada by Gavin Smith Showing The Names of The Different Estates; The Proprietors’ Names (Corrected Up To 1824); The Species of Produce Made; and The Quantity of Land Belonging To Each, published in London in 1882, I have inserted an image of Page (7) for the Parish of St. Patrick. I am able to locate three of the four Estates mentioned in this 1800 Document. The three are: 19. Union; 31. Madeys; and 35. Belvidere. Unless I am missing something the Boulogne Estate does not appear on this 1824 listing. There are a couple of “blanks” which may be Boulogne Estate, but I will not venture to confirm that at this point of my research.

And here is the next set of pages/images of the Transcription of the 1800 Document as entered 2nd April 1801 to the Grenada Registers of Records. The following are Pages 41 through and including 47. These images are copied from the Grenada Registers of Records and downloaded from Item 3 of the microfilm FHL [1563378].


My transcription, continued from Part 617s

41

Monies and Interest due and to grow due to Mrs. _____ Wordsworth on a Mortgage made by him to Samuel Wordsworth Esquires deceased of the several Plantations or Estates therein before mentioned or some of them and should and would as soon as conveniently might be cause and procure a good and sufficient Release and Discharge of the said Mortgage to be made and executed and the same to be duly recorded in the Register’s Office of the said Island of Grenada | And the said James Bogle French did thereby for himself his Heirs Executors and Admons covenant with the said Michael Scott his Heirs Executors Administrators and A∫signs (among other things) that the Bond bearing even date therewith granted by the said Michael Scott to the said James Bogle French in the final sum of One hundred thousand Pounds Sterling and the Judgment to be entered up thereon (which was afterwards entered up) given as an additional Security for the due performance of the several Clauses of that Agreement should not be further or otherwise executed or put in force until some such default misappropriation breach or deviation as therein before mentioned should have been made by the said Michael Scott his Heirs Executors Administrators or A∫signs And Whereas by Indentures of Lease and Release bearing date respectively the twenty first and twenty second days of April in the Year of Our Lord One thousand seven hundred and eighty six the Release being made or mentioned to be made between the said Michael Scott the first part the said James Bogle French of the second part and James Stewart Thomas Alexander Nander Du∫sen and Ninian Home therein severally named of the third part It is Witne∫sed that in compliance with the said last in part recited Articles and for the considerations therein mentioned He the said Michael Scott (by the direction of the said James Bogle French testified as therein mentioned) Did grant bargain sell alien release and confirm unto the said James Stewart Thomas Alexander Nander Du∫sen and Ninian Home and to their Heirs The said Plantations called Madey’s Boulogne and Union and Belvidere Plantations or Estates with their and every of their Appurtenances To hold the same unto and to the use of the said James Stewart Thomas Alexander Nander Du∫sen and Ninian Home their Heirs and A∫signs In trust for the said James Bogle French his Heirs and A∫signs for ever Subject to the Proviso or Condition for Redemption of the same Premises therein after mentioned upon Payment by the said Michael Scott his Heirs Executors or Administrators unto the said James Bogle French his Executors Administrators or A∫signs of the sum of forty six thousand six hundred and seventy two Pounds seventeen shillings and three pence together with Interest for the same after the rate and in manner therein mentioned and also on Payment by the said Michael Scott his Heirs Executors or Administrators (amongst other debts which were afterwards discharged) unto the said Ann Algehr (Widow of the said Peter Christopher Algehr then deceased) her Executors Administrators A∫signs of the principal Money and Interest due and then to become due on the therein and also herein before in part recited Bond in manner therein mentioned And Whereas by Indenture of Lease and Release bearing date respect- tively on or about the twenty eighth and twenty ninth days of July which was in the year of our Lord One thousand seven hundred and ninety one the Release being made or expre∫sed to be made between the said Thomas Alexander Nander Du∫sen and Ninian Home of the first part the said James Bogle French of the second part Daniel Sill then of Draper’s Hall London

Esquire

42

Esquire (and since deceased) of the third part and the said William Lushington and James Law of the fourth part After reciting amongst other things that according to an Account made out by the said James Bogle French there was then due and owing by the said Michael Scott to him Principal Monies and Interest the sum of forty seven thousand two hundred and ninety six Pounds ten shillings and six pence And reciting that the said James Stewart had departed this Life And reciting that the said William Lushington and James Lad had agreed to take up the said Debt of forty seven thousand two hundred and ninety six Pounds ten shillings and six pence and to pay and discharge and in the mean time to indemnify the said James Bogle French his Heirs Executors and Administrators from and against the Payment of the said Bond Debt of Eight thousand Pounds and the Interest to Accrue due thereon secured to the said Peter Christopher Algehr and Ann his Wife as aforesaid It is by the said Indenture of Release now in recital Witne∫sed that in consideration of the sum of thirty thousand Pounds in part of the said Debt of forty seven thousand two hundred and ninety six Pounds ten shillings and six pence by the said William Lushington and James Law to the said James Bogle French in hand paid and of the further sum of Seventeen thousand two hundred and ninety six Pounds ten shillings and six pence residue of the said Debt by the said William Lushington and James Law secured to be paid to the said James Bogle French by the two Bills of Exchange each for the sum of Eight thousand six hundred and forty eight Pounds five shillings and three pence and for other the Consideration therein mentioned The said James Bogle French bargained sold a∫signed transferred and set over unto the said William Lushington and James Law their Executors Adminis trators and A∫signs The said Debt or Sum of forty seven thousand two hundred and ninety six Pounds ten shillings and six pence so due and owing by the said Michael Scott to him the said James Bogle French as aforesaid together with all such Interest after the rate aforesaid as should from thenceforth accrue and become due and payable thereon To hold the same unto the said William Lushington and James Law their Executors Administrators and A∫signs absolutely And it is by the said Indenture of Release now in recital further Witne∫sed that in ^further pursuance of the said Agreement the said Thomas Alexander Nander Du∫sen and Ninian Home at the request and by the direction and appointment of the said James Bogle French and with the consent and at the nomination of the said William Lushington and James Law granted bargained sold released and confirmed And the said James Bogle French bargained sold released and confirmed unto Daniel Sill his Heirs and A∫signs The said several Plantations Hereditaments and Premises in and by the said in part recited Indentures of the fifth and sixth days of July One thousand seven hundred and seventy six conveyed and a∫sured unto the said James Bogle French his Heirs and A∫signs as aforesaid and in and by the said in part recited Indentures of the twenty first and twenty second days of April One thousand and seven hundred and eighty six conveyed to the said James Stewart Thomas Alexander Vander Du∫sen and Ninian Home In Trust as aforesaid with the Appurtenance 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 there of 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 such

Redemption

43

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 even And it is by the said Indenture of Release now in recital declared that if the said William Lushington and James Law their Executors Administrators or A∫signs should pay the amount of the said two several Bills of Exchange of Eight thousand six hundred and forty eight Pounds five shillings and three pence and Eight thousand six hundred and forty eight Pounds five shillings and three pence as and when the same Bills respectively should become due and payable) and which said Bills were both duly paid when and as they became due of 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 Adminis trators 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 his funeral charges and the Expenses attending the execution of his Will ∫hould be paid and satisfied and charged his Real as well as Personal Estate 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 or which he was entitled to with the future I∫sue and Increase 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 be or be situate according to the rights and Interests 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 Sons Alexander Scott and Robert Scott the sum of four thousand Pounds Sterling Money of Great Britain to be paid unto them respectively at their respective Ages of Twenty one Years

by

44

By four annual instalments of One thousand Pounds each the first payment thereof to begin and be made on the days they should respectively attain their said ages of Twenty one Years And the said Testator thereby directed that in the mean time and until the whole ∫hould be paid the said Legacies ∫hould bear Interest at the rate of six Pounds per cent per annum such Interest thereof in the meantime 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 three Daughters Mary Ann Scott Emma Scott and Frances now the Wife of Joseph Pierre Alexander Quarre De Chilers of ______________ 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 hundred 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 ∫hould be paid the said last mentioned Legacy should likewise bear Interest at the rate of six Pounds per cent 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 should not be paid and discharge at the time when the first Instalment of the said several Legacies therein before given and bequeathed should become payable that then and in such Care 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 Instalments should begin and be made at the expiration of one year next after the said Debts should be paid off and discharged but neverthele∫s in the mean time the said several Legatees should be entitled to receive Interest at the rate aforesaid for their respective Legacies out of the rents i∫sues and Profits of his said Real Estates and thesaid Testator appointed his said Son George Scott and his Friends Thomas Alexander Nader 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 said Will leaving the said Marthé Cornette Victoire 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 upon the decease of the said Testator thesaid Benjamin Webster alone duly proved the said will 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 their Son 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 and Charles Ashwell therein named of the third part The said Marthé Cornette Victoire De St. Cyr Scott covenanted on the ‘ 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 said two Plantations called Madeys and Belvidere and certain Negroes and live and dead Stock therein 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 Belvidere of and from Payments of all sums of Money charge thereon and made payable to her and

for

45

For her Jointure and of and from all Claims thereon in respect there thereof and which she thereby agreed to accept and take out of the said Boulogne Estate And the said Charles Ashwell thereby agreed to pay for the purchase of the said Plantations called Madeys and Belvidere the sum of fifty-one thousand Pounds in the manner therein mentioned 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 the said 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 so long as the Produce thereof should be consigned to them and the same should be sufficient to pay 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 the 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 and seven hundred and ninety-two And that the said Duncan Davidson had contracted and agreed with the said Charles Ashwell for the purchase of a part of the said Plantation called Belvidere therein parti cularly mentioned containing One hundred Acres for the sum of Eight thousand Pounds 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 after said covenant promise and agree to and with the said Duncan Davidson his Heirs and A∫signs in manner following that is to say That when and so soon as the said Charles Ashwell his Heirs or 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 Encumbrances whatsoever All those the said One hundred Acres of Land thereon before particularly mentioned and described with the Appurtenances To Hold unto the said Duncan Davidson his Heirs and A∫signs for ever 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 After reciting in part the said recited Articles of the thirty-first of 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 Belvidere thereinafter described at or for such price or sum of money as the same should be valued at by three indifferent Persons to be chosen as therein mentioned It is Witne∫sed the said Charles Ashwell and Charles Snell Chauncey covenanted with each other for the sale and purchase of the said thirty Acres of Land as therein mentioned

And

46

And said William Lushington and James Law covenanted with this said Charles Snell Chauncey that they would join in such Conveyances of the said thirty Acres of Land in manner therein expre∫sed 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 the said James Law of the other Part After Reciting safe as or to the effect herein before recited And further reciting that there was due and owing from 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 eight and twenty-ninth days of July one thousand seven hundred 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 that the said William Lushington had nominated James Robertson of Throgmorton Street in the City of London Merchant on his behalf as an Arbitrator and that the said James Law had in like manner nominated Sir Francis Baring of Devonshire Square in thesaid 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 an Award in Writing under their Hands and Seals bearing date the thirteenth day of August then last past and (among other things) awarded that the several sums 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 seventy-four Pounds four shillings and nine pence so due to the said William Lushington and James Law should belong to and become the separate property and be at the separate risk of the said James Law And that the said Arbitrator and further awarded 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 that they had further awarded that the said James Law should 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 that they had further Awarded 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 ∫hillings mentioned in the said second Schedule to be due from the said Michael Scott with the Appurtenances and all benefit and advantage of Consignments to Commi∫sion and Factorages appurtenant to such debt and 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 a∫signed transferred and conveyed by them and all claiming under and in trust for them so and in such manner as that the same

∫hould

47

Should be made and effectual collateral security to the said William Lushington his Heirs Executors and Administrators in the first instance for his and their indemnity against the Covenant contained on the party of him and the said James Law in the S. 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 mentioned 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 thesaid 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 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 Debt and Engagements mentioned in the said fourth Schedule except the Debt and Engagements set forth in the Schedule 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 in 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 Adminis trators and A∫signs All the part and share 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 herein before in part recited Indentures of the twenty-eight and twenty-ninth days of July one thousand seven hundred and ninety-one and thereby released and a∫signed or intended to be released and a∫signed to or in use or in trust for the said William Lushington and James Law save and except the said several pieces and parcels of Ground and Premises so contracted to be sold to the said Duncan Davidson and the said Charles Snell Chauncey respectively as after said And also of and in the said several debts 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 all other Debt and Debts due and owing upon the Securities therein and hereinbefore mentioned to the said William Lushington and James Law and of and in all sum and sums due and owing by the said Nicholas Herbert and Charles Herbert to the said Michael Scott or his Estate or the Covenant the said Michael Scott contained in the said Articles of Agreement of the thirty-first day of April One thousand seven hundred and Eighty-six touching the A∫signment of the Monies so due by them And also of and in the said Judgment for One hundred thousand Pounds and all

and

Next...

Enjoy,

Jim

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