Showing posts with label Homer. Show all posts
Showing posts with label Homer. Show all posts

Part 473s – Smith Robertson Genealogy – Indenture Research – 1822 – Richard Oliver Smith – 6 of 6

15 March 2011

Afternoon,

The last of the 31-Page Indenture… Hallelujah!

Following up with my announcement in Part 467s, and my search and research of the genealogy of ggg-grandfather James Smith here is the 5th 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 209 through and including 211 are downloaded from the microfilm FHL [1563379].


My transcription continues from Page 208 presented in Part 472s.


(209)

Signed Sealed and Delivered by the within named George Henry Ames in the presence of
Jer: Osborne
Jna Wilkson Clerk to Mr. Osborne
Signed Sealed and delivered (The advalorem transfer? or duty in respect of the within written Deeds having
been marked or impre∫sed on another Engro∫sment? thereof and of which this is a Duplicate) by the either
concerned Richard Oliver Smith Edmund Broderip the Elder Mary Smith Edmund Broderip the Younger
and Thomas Strangways Homer in the presence of
J.L. Lovell, Solicitor Wells Somerset
Geo. Dando his Clerk
Bristol 25th March 1822

this is the Indenture referred to in the annexed Affidavit of Jeremiah Osborne Sworn before me
this day
A. Welhouse
Mayor
England to wit of
Joseph Lovell Lovell of Wells in the County of Somerset in England Solicitor
maketh Oath and Saith that he was present and did see the Indenture of Mortgage hereunto annexed
March with the Letter (A) and dated the twenty third day of February but? duly signed sealed and
as their Act and Deed delivered by therein named Richard Oliver Smith Edmund Broderip the Elder
Mary Smith Edmund Broderip the Younger and Thomas Strangways Horner and that the said
Richard Oliver Smith Edmund Broderip the Elder and Mary Smith Edmund Broderip the Younger
and Thomas Strangways Horner so respectively signed Sealed and delivered the same in the presence
of George Dando of Wells aforesaid Clerk to this Deponent and this Deponent And_____ the names
"R O Smith" "Edmund Broderip" "Mary Smith" "Edmund Broderip Jr." and "TS Horner" respectively
set and subscribed at the foot of the said Indenture of Mortgage marked (A) as Parties executing the
same and the names "JL Lovell" and "Geo Dando" respectively set and subscribed to the _____ _____
endorsed upon the said Indenture of Mortgage as Witne∫ses to the due execution thereof by the said
Richard Oliver Smith Edmund Broderip the Elder Mary Smith Edmund Broderip the Younger and
Thomas Strangways Horner are all of the suspected proper hands writing of the said Richard Oliver Smith
Edmund Broderip the Elder and Mary Smith Edmund Broderip the Younger and Thomas Strangways
Horner George Dando and this Deponent
JL Lovell
Sworn at the City of Wells in the County of Somerset in England
the seventh day of March One thousand eight hundred and twenty-two
Before me: H A Hope
Mayor of the City of Wells in England
To all to whom these presents shall come I Henry Hope Mayor of the
City of Wells in England In pursuance of an Act of Parliament made and pa∫sed in the fifth Year
of the Reign of his late Majesty King George the Second Intitled an Act for the more _____
recovery of debts in his Majestys Plantations and Colonies in America Do hereby Certify that in the
day of the date hereof personally came and appeared before me Joseph Lovell Lovell the Deponent named
in the Affidavit hereunto annexed being a person well known and worthy of good Credit and by solemn
^ Oath which thesaid Deponent then to be for me upon the Holy Evangelists of Almighty God did solemnly
and sincerely declare testify and depose to be true the several matters and things mentioned and contained in thesaid annexed Affidavit

(210)

(LS)
In Faith and Testimony whereof I thesaid Mayor
have caused the Seal of the Office of Mayoralty of the said City of Wells
to be here unto put and affixed and that Indenture of Mortgage marked
(A) mentioned and referred to in and by the said Affidavit to be here unto
also annexed Dated in Wells after said the Seventh day of March in
the year of Our Lord One thousand eight hundred and twenty-two.
Hy Hooper Mayor of the city of Wells in England
Jeremiah Osborne of the City of Bristol Attorney at Law maketh Oath and Saith that he was
present and did see James Evan Baillie and George Henry Ames respectively Sign Seal and as
their respective _____ and Deeds deliver the Indenture or Parchment? writing hereunto annexed marked with
the Letter (A) bearing date the twenty third day of February One thousand eight hundred and twenty
two and made or mentioned to be made between Richard Oliver Smith therein described of the first
part Edmund Broderip therein described of the second part Mary Smith the Wife of the said Richard
Oliver Smith of the third part Edmund Broderip the Younger and Thomas Strangways Horner there in
also described of the fourth part and James Evan Baillie Hugh Duncan Baillie and George Henry
Ames of the fifth part purporting to be an Indenture of Mortgage of the said Richard Oliver Smith and
his heirs to the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames their heirs
executors administrators and a∫signs of a certain ^ Estate or Plantation called Revolution Hall Plantation in
the Parish of Saint John in the Island of Grenada and of the Stores Negroes Cattle and other Live and
dead Stock thereunto belonging And this Deponent further saith that the names or characters "Jas Evan Baillie"
and "Geo H Ames" set and subscribed against the fourth and sixth Seals at the foot of the said Indenture are
of the respective proper handswriting of the said James Evan Baillie and George Henry Ames And that the
Names or Characters "Jer Osborne" and "Jnn Leng" set and subscribed to the Memorandum of attestation endorsed
upon the said Indenture as the Witne∫ses attesting the execution thereof by the James Evan Baillie and
George Henry Ames are of the respective hands writing of him this Deponent and of the said John Leng
and that the names or Characters "Jer O∫borne" and "Jnl Wilkson" set and subscribed to the Memorandum
of Attestation indorsed upon the said Indenture as the Witne∫ses attesting the execution thereof by the said
George Henry Ames are of the respective proper Hands writing of him this Deponent and John Wilkson
Clerk to this Deponent
Jer Osborne
Sworn at the City of Bristol this twenty fifth day
of March One thousand eight hundred and twenty-two
Before me
A Hilhouse Mayor
To all to whom these presents shall Come I Abraham Hilhouse Esquire Mayor of the
City of Bristol in that part of the United Kingdom of Great Britain and Ireland called England by
virtue and in pursuance of an Act of Parliament made and pa∫sed in the fifth year of the Reign of his
late Majesty King George the Second intitled "An Act for the more easy recovery of Debts in his Majesty’s
Plantations and Colonies in America" Do hereby Certify that on the day of the date hereof personally
came and appeared before me Jeremiah Osborne of the same City Attorney at Law being a person well
known and worthy of good Credit did by Solemn Oath which he took on the Holy Evangelists of Almighty
God declare testify and depose to be true the several matters and things Contained in the Affidavit
hereto annexed
In Faith and Testimony whereof I the said Mayor have caused
the

(211)

(L S)
The Seal of the Office of Mayoralty of the said City of Bristol to be
hereunto set and affixed and the said Affidavit and Paper writing therein
mentioned to be hereunto annexed Dated the twenty fifth day of March
in the Year of Our Lord One thousand eight hundred and twenty-two.
A Hilhouse Mayor

This finishes Item 8. Now on to Item 9.

Enjoy,

Jim
Click here to continue reading...

Part 472s – Smith Robertson Genealogy – Indenture Research – 1822 – Richard Oliver Smith – 5 of 6

14 March 2011

Morning,

Following up with my announcement in Part 467s, and my search and research of the genealogy of ggg-grandfather James Smith here is the 5th 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 204 through and including 208 are downloaded from the microfilm FHL [1563379].


My transcription continues from Page 203 presented in Part 471s.


(204)

Or any of their Counsel in the Law shall be reasonably devend? or advised and required And
the said Edmund Broderip the Elder doth hereby for himself his heirs executors and administrators
covenant promise and agree with and to the said James Evan Baillie Hugh Duncan Baillie and
George Henry Ames their executors administrators and a∫signs ^ in manner following (that is to say) he thesaid Edmund
Broderip the Elder hath not at any time hereto for and do done committed permitted or
suffered any act deed matter or thing whatsoever whereby or by reason or means whereof the Life interest
of him thesaid Edmund Broderip the Elder of or in the said Sum of Five thousand one hundred
and five pounds part of the aforesaid Sum of Four thousand one hundred and five pounds or his expectant
or eventual interest in the same Sum of Four thousand one hundred and five pounds are is can shall
or may be impeached charged affected or incumbered in title interest or otherwise howsoever or whereby he
may be prevented or hindered from postponing the same or any part thereof to the Security hereby made
or intended so to be according to the true intent of these presents And also that he the said
Edmund Broderip the Elder his executors administrators and a∫signs shall and will at his or
their own costs and Charges upon any reasonable request of the said James Evan Baillie Hugh
Duncan Baillie and George Henry Ames or any of them their or any of their executors
administrators or a∫signs respectively or any other Person or Persons beneficially interested in or
under the present Security make do and execute all such further Acts deeds and a∫surances whatsoever
as shall or may be them or any of them or either or any of their Counsel in the Law devised or advised
and required for the further and better postponing the said Life and eventual interest of him the said
Edmund Broderip the Elder of or in the said Sums of Two thousand one hundred and five pounds
and Four thousand one hundred and five pounds respectively and every part thereof to the present Security
And lastly each and every of the said parties hereto doth hereby for himself and herself Constitute
and the point Andrew ^ Alexander Houston and George Munro both of the said Island of Grenada and each of them the
true and lawful Attornies and Attorney of the parties hereto and each and every of them for them and
every or any of them and in their and every or any of their names or name to appease before the Registrar
of the said Island or other proper Officer there and to acknowledge these Presents to be their several
Acts and deeds and for them respectively and on their several behalfs to require that the Same
may be registered or otherwise rendered effectual recording to the Laws and Usages of the said
Island and to do and cause to be done every other Act and thing nece∫sary in that behalf
In Witne∫s where of the said parties to these presents have hereunto set their Hands and Seals the
day and year first written.




The Schedule referred to by the foregoing Indenture


NameColourCountrySupposed AgeMarks
Males
WebsterBlackAfrica38 YearsNone
PrinceCreole42 d°
Appollo60 d°
Ren35 d°
RichardMulatto23 d°
John FrancoisBlack42 d°
Baptiste34 d°
PortiousMulatto38 d°
BernardBlackAfrica65 d°Elephantiasis Legs

(205)

NameColourCountrySupposed AgeMarks
Males continued
CelestineCreole33 YearsNone
CustilloAfrica35 d°
George 2nd25 d°Country marks on his Body and Arms
GregoireCreole48 YearsNone
DawsonAfrica38 d°
Glomville38 d°
HuccoCreole40 d°
IssacAfrica60 d°
IanCreole46 d°
JohnstonAfrica38 d°
Olee45 d°
Pluto60 d°
Pollidore40 d°
Pope55 d°Country marks on his Face
Quastey45 d°None
Sam60 d°
Smith35 d°
Theodore40 d°Country marks on his Face
Ward45 d°None
Yorrick45 d°
Robe46 d°
AntoineCreole30 d°
Isaac30 d°
ArchyCafre30 d°
NoelBlack30 d°
John Charles30 d°Elephantiasis feet
Irun20 d°None
Dialbrock23 d°
Francois22 d°
John21 d°
Scipio18 d°
Nicco Nicco18 d°
William17 d°
Michell16 d°
Cuffee15 d°
Cade14 d°
Abraham15 d°
Ambie12 d°
Hugh12 d°
Stanley12 d°

(206)

NameColourCountrySupposed AgeMarks
Males continued
St. PierreBlackCreole12 YearsNone
Moris9 d°
Campbell9 d°
Joseph9 d°
Charles9 d°
Red?9 d°
_____6 d°
Thomas4 d°
George3 d°
Pompey3 d°
Wilson3 d°
Julius3 d°
Joseph2 d°
Joncinth7 Months
Barthelemey75 Years
Berel?Africa68 d°
Graham65 d°Country marks on his Face
Swift58 d°Blind of an Eye
Coleman55 d°None
Ragout80 d°
Canary?50 d°Marks one Arm
JulienCreole65 d°d° on Leg
DukeMulatto42 d°_____
OwenBlackAfrican50 d°None
York60 d°
Females
AdelaideBlackCreole45 d°None
AdwayAfrica39 d°Country marks on her face
Be∫s45 d°
Cuba45 d°None
Gracey28 d°
Jloue?44 d°
JacklaineCreole40 d°
JennyAfrica44 d°
Lucinda60 d°
Louisa68 d°
Mary65 d°
Mary JannetteCreole45 d°
Mary Rose50 d°
Madlane61 d°

(207)

NameColourCountrySupposed AgeMarks
Females continued
Martha 1stBlackCreole33 YearsNone
Martha 2nd56 d°
MinervaAfrica40 d°
Maria39 d°
PhilideCreole40 d°
PhoebeAfrica37 d°
Ritta 1st54 d°
Ritta 2ndCreole25 d°
Rose34 d°
Rosette36 d°
Sybelle48 d°
SophieAfrica39 d°
ZabetteCreole42 d°
Clementina26? d°
Phillis28 d°
Anne26 d°
Catherine24 d°
Katy23 d°
Hannah28 d°
Mary20 d°
Grace19 d°
Sandy18 d°
Sally18 d°
Mary Bat?18 d°
Eve17 d°
Polly16 d°
Lucy17 d°
Phillis16 d°
Leah15 d°
Venus14 d°
Desire12 d°
Felicity11 d°
July11 d°
Dida?9 d°
Elizabeth9 d°
Mary Jane10 d°
Mary Lyce7 d°
Lyce7 d°
Lukey8 d°
Fanny18 d°

(208)

NameColourCountrySupposed AgeMarks
Females continued
AgnesBlackCreole6 YearsNone
Gracey 5 d°
Quasheba 3 d°
Cerille 3 d°
Margaret Mulatto3 d°
Dounda Black2 d°
Belinda 2 d°
Helena 2 d°
Catherine 65 d°
Penny 50 d°
Amelia Africa70 d°
Caroline 68 d°
Frances Creole30 d°
Floristine 70 d°
Annie Africa60 d°
Mary Louis 60 d°
Mary Jane Creole1 d°
Alay 1 d°
Mary Anne Mulatto4 Months
Betty Black3 d°

Increase
NamesAgeMother’s nameColourMalesFemales
By BirthKitty4 MonthsLucyMulatto01
Sabina3 d° AdwayBlack01
By BirthAlexander5 d° Ritta 2nd 10

NamesAgeColourConspicous marksHow acquiredMalesFemales
By purchase or otherwiseMary37BlackNonepurchased from W. Contham?01
NamesAgeMothers NameColourMalesFemales
{ George11 ½ MonthsLucyMulatto10
{ Pierre11 ½ d°SallyBlack10
By Birth{ Jim11 d°Rose10
{ Caroline5 d°Martha 1st01
{ Nancy4 d°Polly01


RO (LS) Smith JL Horner (LS) Edmund (LS) Broderip
Jas Evan (LS) Baillie Mary (LS) Smith Geo. H. (LS) Ames Edmund (LS) Broderip Jr

Signed Sealed and delivered by the within named James Evan Baillie in the presence of
Jer: O∫borne Solr. Bristol
Jnn. Leng
Signed

The last three Pages of this Indenture will be a subsequent Posting. Stay-tuned.

Enjoy,

Jim
Click here to continue reading...

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

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

Click here to continue reading...

Part 470s – Smith Robertson Genealogy – Indenture Research – 1822 – Richard Oliver Smith – 3 of 6

13 March 2011

Good Afternoon,

And again, following up with my announcement in Part 467s, and my search and research of the genealogy of ggg-grandfather James Smith here is the 3rd 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 192 through and including 197 are downloaded from the microfilm FHL [1563379].


My transcription continues from Page 191 presented in Part 469s.


(192)

In manner hereinafter mentioned and contained And Whereas in pursuance of the
said recited Agreement the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
have a state paid to the said William Manning Frederick Manning and John Lavicount Anderdon
the aforesaid principal Sum of One Thousand seven hundred pounds so secured and remaining
due to them as aforesaid and accordingly in consideration thereof by Indentures of Lease and
Release and A∫signment endorsed upon the hereinbefore recited Indenture of the fifth day of
July One thousand eight hundred and seventeen and bearing date respectively the day next
before And even date with these presents and made or expre∫sed to be made between the said
William Manning Frederick Manning and John Lavicount Anderdon of the first part the
within named Richard Oliver Smith of the second part and the said James Evan Baillie Hugh
Duncan Baillie and George Henry Ames of the third part They the said William Manning
Frederick Manning and John Lavicount Anderdon have at the request and by the direction of
thesaid Richard Oliver Smith a∫signed and the said Richard Oliver Smith hath ratified and
Confirmed unto the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
their executors administrators and a∫signs All the same Mortgage Debt or Sum of One thousand
seven hundred pounds and the Interest thereof henceforth to grow due and all personal Securities
for the same And have also at the like request and direction of the said Richard Oliver Smith
bargained sold released and a∫signed and them the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames their heirs executors administrators and a∫signs respectively All
and singular the after said Plantation or Estate called Revolution Hall Estate and also the after said
piece of Land bought by thesaid William Smith from Mi∫s Herbert and the said Coffee Plantation
bought by the said William Smith of Madam Bertrand And also all and singular the Negroes
and other Slaves Horses Mules Cattle and live Stock Mills Stills Coppers and Plantation
Implements whatsoever to thesaid Plantations or Estates and Hereditaments belonging and which by
the said Indenture of the fifth day of July One thousand eight hundred and seventeen were
conveyed or assigned and a∫sured unto and to the use of the said William Manning Frederick Manning
and John Lavicount Anderdon as after said and ^ or such and so many of the said Negro and other
Slaves as were then living and so much and such part of the said Cattle stock Implements and other
premises as were then in existence and also all and every the Negro and other Slaves whatsoever which
were the i∫sue progeny or increase of any of the said Negro and other Slaves so comprised in the said last
mentioned Indenture or intended so to be and all increase of and in addition to the said Cattle Stock
Implements and other premises and all other if any the Plantations or Estate Lands Negro and other Slaves
so compromise in the said last mentioned Indenture Cattle Stock Implements Utensils Hereditaments
and Premises real and personal estate whatsoever comprised in the same Indenture of the fifth day of July
One thousand eight hundred and seventeen for then vested in the said William Manning Frederick Manning
and John Lavicount Anderdon or any of them respectively ===== ^ under or by virtue of the same with the
appurtenances to the same Plantations Hereditaments Premises ^ belonging To hold the same 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 legal tenures and qualities thereof but
subject neverthele∫s to such right or equity of redemption as was or might be subsisting in the same and as and by
virtue of the said indenture of the fifth day of July One thousand eight hundred and seventeen on payment
of thesaid Sum of One thousand seven hundred pounds and interest And Whereas in further

pursuance


(193)

Pursuance of the same Agreement on the part of the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames they have also at or before the execution of these
presence at the request of the said Richard Oliver Smith paid or advanced to him or on his account further
sums of Money as he thesaid Richard Oliver Smith doth hereby _____ and acknowledge And
Whereas the said Sarah Dean the _____ is still living and know part of the aforesaid reduced Legacies
or Sums of One thousand two hundred pounds and one thousand two hundred pounds hath hither being
paid to the said William Lewis and Mary his Wife and Edward Vyze and Grace his Wife or either of them
but all Interest in respect of the same Sums hath been duly paid up to the twenty first day of December last
And Whereas on the treaty of the said loan by the said James Evan Baillie Hugh
Duncan Baillie and George Henry Ames if ever proposed and agreed (as an inducement to them
to make the same that the Security to them should take priority of as well be after said Trust contained
is thesaid Indenture of Release and Mortgage of the twenty first day of June One thousand eight
hundred and ten for payment during the continuance of the Security thereby made of Four hundred
pounds per Annum to the said Richard Oliver Smith if he should so long live And of Three hundred pounds
per Annum to his executors after his death as after said as also all of the and for payment to him of Nine
hundred pounds per Annum contained in thesaid Indenture of Release and Settlement of the thirtieth
day of August One thousand eight hundred and nineteen as hereinbefore mentioned And also that the
payment of the Interest upon thesaid Sum of Four space thousand one hundred and five pounds so remaining
due on thesaid Mortgage so originally made to thesaid Richard Oliver Smith settled by the said last
mentioned Indenture as after said as far as that's said Edmund Broderip and Richard Oliver Smith and
also the said Mary Smith (so far as she is competent to enter into such an arrangement) are intitled thereto
or interested therein and also the charge and payment of the same principal Sum of Five thousand one
hundred and five pounds so far as the said Edmund Broderip the Elder is or may be personally?
entitled to or interested in or hath power to lend or dispose of the same and also the after said Sum of
Seven thousand pounds so raiseable under the trusts of the said last mentioned Indenture of Settlement
so far as the said Richard Oliver Smith is or may be eventually intitled to or interested in or half
power to lend or dispose of the same should be postponed to thesaid Security to the said James Evan
Baillie Hugh Duncan Baillie and George Henry Ames as hereinafter mentioned and attained
in that behalf And it was by and with the privity and sent of thesaid Edmund Broderip
the Younger and Thomas Strangways Horner also proposed stipulated and agreed that for
the further Security of the said James Evan Baillie Hugh Duncan Baillie and George
Henry Ames their executors administrators and a∫signs and other the persons and person for the
time being entitled to the benefit of the present Security the Consignment of the said Plantations
and Premises should be made to them or their Appointed as hereinafter mentioned Now this
Indenture Witne∫seth that in pursuance of the said hereinbefore recited Agreements and
in Consideration of thesaid Mortgage debt or Loan of One thousand seven hundred pounds having being
repaid by the said by the said James Evan Baillie Hugh Duncan Baillie and George Henry
Ames to the said William Manning Frederick Manning and John Lavicount Anderdon at the
request and by the direction of the said Richard Oliver Smith and aforesaid And of the aforesaid further
Sums sold by them thesaid James Evan Baillie Hugh Duncan Baillie and George Henry Ames
paid to or on account of the said Richard Oliver Smith as herein before mentioned the payment and
receipts in manner aforesaid of which said Sum ^ of One thousand seven hundred pounds and such further
Sums

(194)

Sums the said Richard Oliver Smith doth hereby admit and acknowledge and for the purposes
of securing the Repayment of the said Sum of One thousand seven hundred pounds and of the
further Sums already paid as aforesaid and all such further and future advances and other Monies
as hereinafter mentioned and interest upon same as hereinafter also mentioned And also in consideration
of the Sum of ten Shillings of lawful British Money by thesaid James Evan Baillie Hugh Duncan
Baillie and George Henry Ames now paid to every of them the said Richard Oliver Smith Edmund
Broderip the Elder and Mary Smith the receipts where of as hereby acknowledged He the said
Richard Oliver Smith Hath granted bargained sold aliened released a∫signed and Confirmed and by
these presents Doth grant bargain sell alien release a∫sign and Confirm and the said Edmund Broderip
the Elder and Mary Smith Have and each of them Hath reminded released ratify and
confirmed and by these presents Do and each of them Doth remise release ratify and Confirm
unto the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames their heirs
executors administrators and a∫signs respectively All that the aforesaid Plantation or Estate called
Revolution Hall Estate situate lying and being in the Parish of St. John in the Island of
Grenada formerly belonging to thesaid William Smith deceased And also all that the aforesaid piece
or parcel of Land bought by thesaid William Smith of and from Mi∫s Herbert And also all and
that the aforesaid Coffee Plantation and Hereditaments bought by thesaid William Smith of and
from Madam Bertrand situate lying as or being in the said Parish of Saint John in the said
Island of Grenada all formally in the occupation of the said William Smith deceased and now
of the said Richard Oliver Smith Together with all and singular the Me∫suages Boiling and Curing
Houses Stables Storehouses Negro Houses and other Buildings Lands Ways Paths Waters Watercourses
_____ Sugar Canes Timber and other Trees Rights Privileges and Advantages whatsoever to the
said Plantation or Estate and Lands or any part thereof belonging or appertaining or to or with the
same respectively used occupied or enjoyed And also all and every the Negro and other Slaves
Men Women and Children of upon or belonging to the said Plantation or Estate and Lands
and who are particularly mentioned and described and duly Set forth in the Schedule hereunder
written or hereto annexed by their Registered Names and Descriptions according to the latest
Registration or corrected Registration thereof in the Office of the Registrar of Slaves lately
established in this Kingdom under and by virtue of an Act of Parliament pa∫sed for the purpose in
the fifty ninth Year of the Reign of his late Majesty King George the third And also all other Negro
and other Slaves (if any) now worked or employed upon or belonging to the said Plantation and
Lands and the i∫sue and progeny thereof And also the Horses Mules Cattle Engines Machinery Works
Implements and Utensils and other live and dead Stock whatsoever upon or belonging to the said
Plantation and Lands or used or employed in the Cultivation thereof and the Reversion and
reversions remainder and remainders yearly and other i∫sues produce and profits of the said premises
and all the Estate Right Title Interest case trust property Claim and demand whatsoever of the said
Richard Oliver Smith Edmund Broderip the Elder and Mary Smith and every of them into and upon
the same Premises To have and to hold the said Plantations or Estates Lands Slaves Stock
and all other the Hereditaments and premises hereby granted and released and a∫signed respectively or
intended so to be and every part thereof respectively unto and to the only use and behoof 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 and respective Equal tenures and
qualities

(195)

Qualities thereof freed and discharged of and from all equity of redemption subsisting? thereinto
under or by virtue of the said Indenture of the fifth day of July One thousand eight hundred and
seventeen And also freed and wholly ^ and absolutely discharged _____ between thesaid Richard Oliver Smith his Executors
Administrators and A∫signs on the one part and the said James Evan Baillie Hugh Duncan Baillie
and George Henry Ames their Heirs Executors Administrators and A∫signs respectively and that the Persons
for the time being entitled to the benefit of the present _____ and also any Purchase or Purchases of
the same Premises under the powers and authorities hereinafter Contained and that behalf on the other part
but not as respect any other person or persons of and from the aforesaid _____ Sum of Four hundred pounds by
thesaid Indenture of Release and Mortgage of the twenty first day of June One thousand eight hundred and
twenty directed to be paid during the Continuance of the Security thereby made to thesaid Richard Oliver
Smith if he should so long live and also the said annual Sum of Three hundred pounds by the same Indenture
directed to be paid as aforesaid to his Executors or Administrators after the death and also of and from the
for said annual Sum of Nine hundred pounds by thesaid Indenture of Settlement of the thirteenth day of
August One thousand eight hundred and nineteen directed to be paid to him thesaid Richard Oliver
Smith as aforesaid and of and from all trusts powers remedies and authorities whatsoever for the raising?
and payment of the same several ^ annual Sums and any or either of them respectively and also all and from? All
right and power whatsoever on the part of the said Richard Oliver Smith to direct or consent to any Sale or
Mortgage or other disposition whatsoever during his life of the said Plantations Lands Slaves Stock
and other hereditaments and premises or any part thereof for the purposes of raising during his life the
after said Sum of Seven thousand space pounds under the trust or powers of the aforesaid Indenture of Settlement
of the thirteenth day of August One thousand eight hundred and nineteen in that behalf as aforesaid
and also in like manner freed and discharged as between the said Richard Oliver Smith and Edmund
Broderip the Elder their Several Executors Administrators and A∫signs and the said Mary Smith
and her A∫signs on the one part and thesaid James Evan Baillie Hugh Duncan Baillie and George
Henry Ames their Heirs Executors Administrators and A∫signs respectively and other the persons for
the time being intitled to the benefit of the present Securities ^ but and no other persons on the other hand as
well as respects the Monies to arise or be produced from any Sale or Sales of the said Plantation
Liens Slaves Stocks Hereditaments and Premises under the power or trusts hereinafter Contained in that
behalf as thesaid Plantations Lands Slaves Hereditaments and Premises themselves of and from
the aforesaid principal Sum of Four thousand one hundred and five pounds so now remaining due on the
said Mortgage originally made to the said Richard Oliver and since settled by the said Indenture
of the thirteenth day of August One thousand eight Hundred and nineteen and the Seventh day of
September One thousand eight hundred and twenty respectively as aforesaid and of and from all
Interest money whatsoever hereafter to become due and payable upon the same Sum and also of and
from the payment of the after said Sum of Seven thousand pounds and the Interest thereof so directed
to be raised by the trusts of thesaid indenture of the thirteenth day of August One thousand eight
hundred and nineteen as aforesaid and all trusts powers and remedies whatsoever for the securing
raising ^ & _____ the same principal and Interest monies and every or any of them respectively so far as
they the said Richard Oliver Smith Edmund Broderip the Elder and Mary Smith or any or either of
them respectively are is or can shall or may be entitled to interest due in or have or hath power to dispose of _____
act on any manner release the same annual principal and Interest Monies trusts powers remedies
and premises or any of them or any part thereof But subject to such other subsisting Incumbrances
as

(196)

As aforesaid yet neverthele∫s at all times without prejudice to the full degree of priority to which the said
James Evan Baillie Hugh Duncan Baillie and George Henry Ames their heirs executors
administrators or a∫signs are or may be entitled under or by or in respect of the aforesaid A∫signment
of equal date herewith to thereof the Mortgage so made to thesaid William Manning Frederick
Manning and John Lavicount Anderdon by the said Indentures of the fourth and fifth days of
July One thousand eight hundred and seventeen as aforesaid and so freed and discharged and subject
and without prejudice respectively as aforesaid for the intents and purposes and with under and subject
to the powers provisoes declarations and agreements hereinafter declared and Contained of and
Concerning the same that is to say Provided always and it is hereby declared and agreed
between and by the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
and the said Richard Oliver Smith and their true intent and meaning neverthele∫s is that if the said
Richard Oliver Smith his heirs executors administrators or a∫signs shall and do well and truly pay
or saved to be paid to the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames
there Executors Administrators or A∫signs or other the person or persons entitled to receive the same as well
thesaid Sum of One thousand seven hundred pounds and such further Sums already paid and
advanced as before mentioned and already due and owing from him the said Richard Oliver Smith
to the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames as aforesaid as
also all such Sum or Sums of Money at any time or times hereafter during the Continuance of this
Security they the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames or any of
them or any other the Partner or partners person or persons afor for the time being representing and
succeeding the said Heirs? or Term? whether the same shall then be set? under its present or any other
known person or Heirs Executors Administrators or A∫signs or any of them respectively shall or may
advance for pay or lay out or expend to or on account or become in any manner accountable for or liable
to pay for or on behalf of the said Richard Oliver Smith his heirs executors administrators or a∫signs or any of
them respectively shall either by way of Loan Acceptance in payment of Bills Security Engagement
Guarantee or otherwise howsoever or which in any other manner howsoever and at any time or times
hereafter shall or may become due and owing and payable from or by the said Richard Oliver Smith his
heirs executors administrators or a∫signs to them or any such other Partners or Partner or
Persons or Person of or representing or succeeding their said House in any or _____ _____ ____ as aforesaid
or their or any of their Executors Administrators or A∫signs (but the total amount thereof to be ultimately
recoverable upon or by virtue of their Hereunto? neverthele∫s not to exceed the Sum of Three thousand pounds)
Together with interest for all the same sums and Monies to be Computed at the Rate of six percent per Cent
per Annum for or after the date of these presents but at the rate of Five pounds per Cent per Annum only
proviso by thereto as hereinafter mentioned without any deductions or abatement whatsoever by or in the set
Installments or _____ _____ ____ and or on at the days or times following (that is to say) the Sum of Three
hundred pounds on Account or in part of the aforesaid principal Monies upon the Twenty third day
of February next and which will be in the year One thousand eight hundred and twenty-three and
the like Sum of Three hundred pounds on the twenty third day of February in every succeeding Year
until the whole of the after said principal Monies shall be fully paid and satisfied or reduced below
the Sum of Three hundred pounds and any ultimate residue of the said Principal Monies of a le∫s
amount then Three hundred pounds in the said twenty third day of February in the year next
immediately following the last day afor for payment of such annual Installments of Three Hundred
Pounds

(197)

Pounds as after said together with all interest for the said principal monies for the time being
remaining due and unpaid upon and up to such and every such twenty third day of February as
aforesaid such interest to be computed from the day of the advancing or becoming do of the Principal
Monies in respect of which the Sums shall be payable or from the last preceding day of payment of the
_____ interest thereof as the Case shall be or require neverthele∫s all interest Monies in respect of all present
or existing advances or debts to be calculated only at five space pounds per Cent per Annum from the time or respective
times of making or becoming do thereof up to the date of these presents And also if all and every the Crops
and produce of the aforesaid Plantations or Estates Lands Hereditaments and _____ herein comprised
or intended so to be except as hereinafter mentioned shall from time to time and at all times or henceforth until
the whole of the aforesaid principal and interest monies shall be fully paid and _____ respect be duly shipped
and Consigned to or according to the Direction of the said James Evan Baillie Hugh Duncan Baillie
and George Henry Ames their Executors Administrators or A∫signs or the Person or Persons for the time
being entitled to the benefit of the present Security pursuant to the Agreement and Covenant hereinafter
in that behalf contained Then and in such case and at any time after all such principal and interest
monies as aforesaid shall be fully paid and satisfied the said James Evan Baillie Hugh Duncan
Baillie and George Henry Ames their Heirs Executors Administrators and A∫signs respectively shall
and will reconvey and rea∫sign respectively to the said Richard Olson Smith his Heirs Executors
Administrators and A∫signs respectively the said Plantations or Estates Slaves Stock Hereditaments
and Premises hereby granted and a∫signed respectively or intended so to be or as he or they shall order
and direct But subject neverthele∫s to the aforesaid Mortgages and the Charges or Incumbrances made
and subsisting of and in the same premises or so many and so made and such part respectfully of the
Same Mortgages and other Charges and Incumbrances so shall be then subsisting unto in effect
Provided always and it is hereby agreed and declared between and by all
the parties hereto and thesaid Richard Oliver Smith by and with the privity and consent of the said
Edmund Broderip the Younger and Thomas Strangways Homer testified by their executing the
presents Doth hereby for himself his heirs executors administrators and A∫signs Grant Covenant
promise and agree to and with the said James Evan Baillie Hugh Duncan Baillie and
George Henry Ames their Executors Administrators and A∫signs that from time to time and at all
times hereafter during the continuance of this Security All and every the Crops and freedom of all
and singular the aforesaid Plantations and Premises in thesaid Island of Grenada herein comprized
or intended so to be as aforesaid (except so much of the Rum as shall be nece∫sary to answer? and pay
the taxes duties and incidental charges payable in the said Island of Grenada in respect of the same
premises respectively) shall be duly and regularly shipped and Consign to the said House of the said
James Evan Baillie Hugh Duncan Baillie and George Henry Ames or to any other House or Firm either
in Bristol or London as they the said James Evan Baillie Hugh Duncan Baillie and George Henry
or any of them their or any of their Executors administrators or a∫signs or other the persons or person for the
time being intitled to the benefit of the present Security or any of them shall nominate or appoint in that
behalf in order thereby and there with and with the produce thereof the better to secured to them the
true and punctual payment of all such principal and interest monies as aforesaid by or in the part
or installments hereinbefore mentioned and in order thereto It is hereby agreed and declared that
the said James Evan Baillie Hugh Duncan Baillie and George Henry Ames their executors
administrators and a∫signs or such other nominated House or Firm as aforesaid shall sell and Convert
into

Onto Page 198. Stay-tuned.

Enjoy,

Jim
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