Part 634s – Smith Robertson Genealogy – 1802 Benjamin D’Harriette Smith - St. George’s, Grenada – Last in Item 3

29 January 2012

Good Day,

This is the continuation of my Transcription Project in the search for the genealogy and origins of my ggg-grandfather James Smith. And this is the last Smith-related Document in Item 3 of the Family History Library microfilm FHL [1563378].

The inserted image is of the file stacks of microfilms at the Family History Library.

This Document is comprised of Pages 474 through and including 477. There have been, from my discovery, 108 Smith-pages in the Grenada Registers of Records. These are manifestly labeled in the Index assuming that a Smith is one of the “To/From” Parties. This does not mean that there could be more mentions and inclusions of the name Smith, it just means that these are the Pages that are listed in the Index.

Here are the four images of Pages 474 through 477 as downloaded from Item 3 of the microfilm FHL [1563378].


And my transcription. This contract is between Benjamin D’Harriette Smith and James Park. Once again, I do no read any clue to a connection to ggg-grandfather James.


474

Examd

Entered 30th June 1802

This Indenture made the Seventeenth day of June in the Year of our Lord One thousand eight hundred and Two Between James Park of the Town of Saint George in the Island of Grenada Merchant of the one part and Benjamin D'Harriette Smith of the same Town and Island Merchant of the other Part Whereas the said James Park and Benjamin D'Harriette Smith at present stand seized and po∫se∫sed of in equal undivided Moities of a certain Lot of Land Buildings and Premises situate in the said Town of Saint George and Island of Grenada And Whereas said James Park hath contracted and agreed thesaid Benjamin D'Harriette Smith for the absolute purchase of his thesaid James Park’s undivided Moiety of the said Lot of Land and Premises (hereinafter particularly described) at and for the Price or sum of eight hundred and fifty Pounds Current Money of the said Island of Grenada Now therefore this Indenture Witne∫seth that for and in consideration of the said sum of Eight hundred and fifty Pounds Current Money as aforesaid in hand well and truly paid by the said Benjamin D'Harriett Smith unto the said James Park at or for the Sealing and delivery of these Presents the receipt whereof and of every part and parcel thereof he the said James Park doth ^ hereby acknowledge & _____ and thereof and therefrom and of and from every part the parcel thereof doth acquit release and discharge for ever thesaid Benjamin D’Harriette Smith is Heirs Executors Administrators and A∫signs each and every of them by these Presents He thesaid James Park Hath granted bargained sold aliened released and confirmed and by these Presents Doth grant bargain sell alien release and confirm unto thesaid Benjamin D'Harriette Smith (in his actual Po∫se∫sion now being by virtue of a Bargain and Sale to him thereof made by the said James Park for one whole Year by Indenture bearing date the day next before the day of the date of these Presents and by force of the Statute made for transferring Uses into Po∫se∫sion) and to his Heirs All is thesaid James Park’s one full undivided Mority or half part of and in All that Lot Piece or Parcel of Land situate lying and being in that part of the town of Saint George in thesaid Island of Grenada commonly called the Carenage contained in front to the South West forty-three feet and to the North West forty feet and in the whole One thousand seven hundred and twenty square feet be the same more or le∫s Bounded to the North East by Lands late belonging to Domingo Commi∫siong deceased to the North West by Lands belonging to the Heirs of Daniel Campbell and by a Pa∫sage leading to House of Mr. Robert Ker to the South East by lands of thesaid

Robert

475

Robert Ker and to the North West by a Pa∫sage or Lane leading to the Shipwrights Yard or howsoever otherwise the same Lot of Land is abutted or bounded together with a Moiety of all Me∫suages Houses and Outhouses thereupon erected and built And all ways Paths Pa∫sages Waters Watercourses Privileges Easements Advantages Hereditaments and Appurtenances to the said Moiety of the said Piece or Parcel of Land belonging or in any wise appertaining or therewith now or commonly used enjoyed or occupied reputed taken or known as part parcel or Member thereof or of any part thereof And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits thereof and of every part and parcel thereof And also all the Estate Right Title Interest Property Claim and Demand whatsoever of him thesaid James Park of into or out of thesaid undivided Moiety of thesaid Piece or Parcel of Land Buildings and Premises And all Deeds Writings Surveys Grants and Muninents whatsoever in use Power or Custody touching or concerning the same To have and to Hold the said full undivided Moiety or half part of and in the said Lot Piece or parcel of Land Me∫suages Tenements Hereditaments and all and singular other the Premises hereby or mentioned or intended to be hereby granted and released and every of them with their and every of their Appur tenances unto the said Benjamin D’Harriette Smith his Heirs and A∫signs forever To the only proper Use and Behoof of thesaid Benjamin D’Harriette Smith his Heirs and A∫signs for ever, and to and for no other Use Intent or purpose whatsoever And the said James Park doth hereby for himself his Heirs Executors and Administrators covenant promise grant and agree to and with thesaid Benjamin D’Harriette Smith his Heirs and A∫signs in manner and form following that is to say That for and notwithstanding any Act Matter and Thing whatsoever by him thesaid James Park or by any Person or Persons lawfully Claiming or to claim by from or under or in Trust for him done committed or wittingly or willingly suffered to the contrary He thesaid James Park now is and standeth lawfully rightfully and absolutely seized in his Demissue as of Fee of and in the said hereby or mentioned or intended to be hereby granted and released Moiety of the said Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with their Appurtenances of a good sure lawful absolute and undefeazible Estate of Inheritance in fee simple without any Reversion Remainder Trust Limitation Power of Revocation Use or Uses or any other matter _____ or thing whatsoever to alter change charge revoke make void le∫sen encumber or determine the same And also that he the said James Park for and notwithstanding any such Act Matter or thing as aforesaid hath in himself good right full Power and lawful and absolute Authority to grant release and convey thesaid undivided Moiety of the said Lot Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with the Appurtenances unto and to the use of thesaid Benjamin D’Harriette Smith his Heirs and A∫signs for ever in manner aforesaid and attending to the purport true Intent and meaning of these Presents And further that it shall and may be lawful for the said Benjamin D’Harriette Smith his Heirs and A∫signs from time to time and at all times hereafter peaceably and quietly to enter into have hold occupy po∫se∫s and enjoy the said undivided Moiety of the said Lot Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with the Appurtenances and to receive and take the Rents I∫sues and Profits thereof and of every Part thereof to and for his and their own Use and Benefit

without

476

Without the lawful Let Suit Trouble Denial Eviction or Interruption of or by him thesaid James Park his Heirs or A∫signs or of or by any persons or persona lawfully claiming or to claim any Estate Right Title Trust or Interest at Law or in Equity of into out of the said Moiety of the said Lot Piece or Parcel of Land Buildings and Premises with the Appurtenances or any part thereof by from under or in trust for him them or any of them And that free and clear and freely and clearly acquitted exonerated and discharges or otherwise by the said James Park his Heirs Executors and Administrators (as some or one of them well and sufficiently saved defended kept harmle∫s and indemnified of from and against all and all manner of former and other Gifts Grants Bargains Sales Leases Mortgages Jointures Dowers Settlements Contracts Uses Trusts Wills Entails Seizures Deeds Annuities Writings Obligatory Statutes Recognizances Judgments Extents Executions Rents Arrears of Rent and of from and against all and singular other Estates Titles Troubles Charges and Incumbrances whatsoever had made done committed occasioned entered into acknowledged or suffered or to be had made done committed occasioned entered into acknowledged or suffered by the said James Park his Heirs or A∫signs or by any other Person or Persons lawfully claiming or to claim by from under or in Trust for him Them or any of them or from by or under his their or any of their Act Means A∫sent Consent or Procurement And moreover that he thesaid James Park and his Heirs and all and every other Person or Persons having or lawfully claiming or who shall or may have or lawfully claim any Estate Right Title Use Trust or Interest at Law or in Equity of unto or out of the said hereby or mentioned or intended to be hereby granted and released undivided Moiety of the said Lot Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises or any part thereof from by under or in Trust for him or them shall and will from time to time and at all times hereafter upon every reasonable request and at the proper Cost and Charges in the Law of him thesaid Benjamin D’Harriette Smith his Heirs and A∫signs make do execute and acknowledge or cause or procure to be made done executed and acknowledged all such further and other lawful and reasonable Acts Deeds Conveyances and A∫surances in the Law whatsoever for the further better more perfect and absolute granting conveying and a∫suring of the said undivided Moiety of the said Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with the Appurtenances unto and to the use of the said Benjamin D’Harriette Smith his Heirs and A∫signs for ever in manner aforesaid as by thesaid Benjamin D’Harriette Smith his Heirs or A∫signs or his or their Counsel learned in the Law shall be reasonably advised devised and required In Witne∫s whereof thesaid Parties to these Presents have hereunto set their hands and Seals the day and Year first above written

James Park ( L S ) Benja: D. Smith ( L S )

Sealed and delivered In the presence of M. Nowlan # Archd Armstrong

Received on the day of the date of the within Indenture of and from the within named Benjamin D’Harriette Smith the sum of Eight hundred and fifty Pounds Current

Money 

477

Money of Grenada being the Consideration Money with mentioned to be by him paid to me I say received the same £850.0.0 Cy

James Park
Witne∫s M. Nowlan # Archd. Armstrong

Grenada Acknowledge before me by the within named James Park and Benjamin D’Harriette Smith the Parties to the within Indenture as and for their respective free and voluntary Act and Deed this twenty eighth day of June One thousand and Eight hundred and Two

GH Horsley
Dep Register

Done…and now on to Item 4 of FHL [1563378]. And it is time for me to update my Matrices.

Stay tuned and enjoy,

Jim

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