Part 632s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith - St. George’s, Grenada – 1,000 Years

Good Day,

The search continues. This is my Genealogy Transcription Project. I am looking for any hint and clue that may proffer me with a lead to the ancestry and genealogy, as well as the origins, of my ggg-grandfather James Smith. I would like to discover from where my Smith line arrived in Grenada.

This Transcription Project is my effort to transcribe, while reading as many as possible Smith-related Documents and Indentures that have been collected in the Grenada Registers of Records. The earliest set on record begins approximately in the year 1764. The Family History Library in Salt Lake City has 33 16mm microfilms that include Records of the years 1764 through and about 1931.

This is my task. It is self-imposed and all-things-being-equal I will find that iota of a hint that will answer the question of the origins of my Smith Line. To date I have been working on this Transcription Project for about two years... and I will continue.

Here is the next Indenture from the Grenada Registers of Records, which is an additional Record regarding the Benjamin D’Harriette Smith, James Park and Robert and Elizabeth Ker contract. Here are the images of Pages 470, 471, and 472 as downloaded from Item 3 of the microfilm FHL [1563378].

Sorry to say, this Smith Indenture does not have any apparent lead to the genealogy of ggg-grandfather James.

And my transcription –

470

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 and Benjamin D’Harriette Smith of the Town of Saint George in the Island of Grenada Merchants of the one Part and Robert Ker of the same Town and Island Merchant of the other Part Whereas by a certain Indenture of Demise bearing date the first day of September in the Year of Our Lord One thousand seven hundred and ninety eight and made between thesaid Robert Ker and Elizabeth his Wife of the one Part and thesaid James Park and Benjamin D’Harriette Smith of the other Part \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ the said Robert Ker and Elizabeth his Wife for and in consideration of the sum of Four thousand Pounds Current Money of the said Island of Grenada to thesaid Robert Ker I hand paid by the said James Park and Benjamin D’Harriette Smith Did demure grant and to Farm let unto thesaid James Park and Benjamin D’Harriette Smith their Executors Administrators and A∫signs All that certain Lot of Land situate lying and being in that part of the Town of Saint George commonly called the Carenage beginning as delineated on a Diagram there at A and running South thirty Degrees East sixty five feet to B from thence South forty seven degrees and a half eighty five feet to C the boundary line of the

Harbour

471

Harbour and then along the said Line of the Harbour North thirty seven Degrees and forty four Minutes East fifty seven feet six Inches to Pile No. 5 then North twenty five Degrees and three quarters East twenty five feet five inches to D and then North forty two Degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North fifty two degrees West forty four feet to G then South forty four Degrees and one quarter West Elven feet to A the place of beginning being bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commmi∫siong and on the North and West partly by Land of Me∫sieurs Park and Smith by a common Pa∫sage and Scott Street Reserving thereout neverthele∫s for the mutual use of the said Parties to these Presents a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of the said Robert Ker’s House straight through to the Street leading to Scott Street aforesaid together with the Buildings and Improvements thereon or on any part thereof erected standing or being And all ways Paths Pa∫sages Easements Profits Commodities Advantages Emoluments and Hereditaments whatsoever to the same belonging or in any wise appertaining or which to and with the same then were or at any time or times theretofore had been held used occupied accepted reputed taken or known as Part Parcel or member thereof or any part thereof And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits of all and singular thesaid Premises and every part and parcel thereof with the Appurtenances And also all the Estate Right Title Interest Property Claim and Demand whatsoever in Law or in Equity of them thesaid Robert Ker and Elizabeth his Wife ofin and to all singular thesaid Premises with the Appurtenances to have and to hold thesaid Lot Piece or Parcel of Land Buildings and Premises with Appurtenances unto the said James Park and Benjamin D’Harriette Smith their Executors Administrators and A∫signs from the day of the date thereof unto the full End and Term of One thousand Years from thence next ensuring and fully to be compleat and ended Yielding and paying therefore yearly and every Year during the continuance of the said Form the rent of One Pepper Corn Subject neverthle∫s to a Proviso or Condition for making the same void on Payment of the said sum of four thousand Pounds Current Money of Grenada aforesaid with Interest at the times and in way and manner therein particularly mentioned And Whereas thesaid Robert Ker hath since paid to thesaid James Park and Benjamin D’Harriette Smith the said principal sum of four thousand Pounds Current Money as aforesaid together with all Interest due thereon and hath requested thesaid James Park and Benjamin D’Harriette Smith to execute a Surrender of the said Mortgage which they have consented to do Now this Indenture Witne∫seth that for and in consideration of the said sum of four thousand Pounds Current Money as aforesaid and all Interest due thereon so paid by the said Robert Ker to thesaid James Park and Benjamin D’Harriette Smith in full satisfaction and discharged of the hereinbefore recited Indenture of Demise of the Receipt whereof thesaid James Park and Benjamin D’Harriette Smith Do and each of them Doth hereby acknowledge and thereof acquit release and discharge thesaid Robert Ker his

Heirs

472

Heirs Executors and Administrators and every of them for ever by these Presents They thesaid James Park and Benjamin D’Harriette Smith Have and each of them Hath surrendered and a∫signed and by these Presents Do and each of them Doth absolutely surrender and a∫sign unto the said Robert Ker his Executors Administrators and A∫signs All that the herein before mentioned Lot Piece or Parcel of Land Buildings and Premises with the Appurtenances which in and by thesaid recited Indenture were granted and demised to the said James Park and Benjamin D’Harriette Smith their Executors Administrators and A∫signs for the Term of One thousand Years And all the Estate Right Title Interest Term of Years Property Claim and Demand whatsoever either at Law or in Equity of them thesaid James Park and Benjamin D’Harriette Smith or either of them of in or to the herein before mentioned and hereby a∫signed {remises or any part or parcel thereof by virtue of thesaid recited Indenture or otherwise together with thesaid Indenture and all such and other Deeds Evidences and Writings as they thesaid James Park and Benjamin D’Harriette Smith have in their Hands or Power relating to the Title of thesaid Premises To the Intent that thesaid Term of One thousand Years may no longer have any continuance or Subsistence, but may be for ever merged and extinguished in the Reversion of the said Premises and may be no ways made use of to the prejudice disadvantage or interruption of any other Uses Trusts Tenures or Estates already or hereafter to be limited expre∫sed or declared of an concerning thesaid Hereditaments and Premises: And thesaid James Park and Benjamin D’Harriette Smith Do and each of them for himself his Heirs Executors and Administrators Doth hereby covenant promise and agree to and with thesaid Robert Ker his Executors Administrators and A∫signs that they the said James Park and Benjamin D’Harriette Smith have not nor hath either of them at any time made done committed or wittingly or willingly suffered any Act matter Deed or thing whatsoever whereby or by whereof thesaid Lot Piece or Parcel of Land Buildings and Premises with the Appurtenances or thesaid Lot Piece or Parcel of Land Buildings and Premises with the Appurtenances or thesaid Term of One thousand Years to them demised or the residue thereof is are or shall or may be in any ways charged impeached or incumbered in title charge Estate or otherwise howsoever In Witne∫s whereof thesaid James Park and Benjamin D’Harriette Smith 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 above Indenture of and from the above named Robert Ker the Sum of Four thousand Pounds Current Money of Grenada together with all Interest due thereon being the full Consideration Money mentioned in the said Indenture to be by him paid to us We say received the same

James Park

Benja: D. Smith

Witne∫s
M. Nowlan Archd. Armstrong

Grenada Acknowledged 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 Eight hundred and Two

GH Horsley

Dept Register

And I continue…

Enjoy,

Jim

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Part 631s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith - St. George’s, Grenada - £4000.0.0

Good Day,

And the search goes on. This is my Trek and search, and my Transcription Project, in my research of the times and lives of those Smiths in Grenada who may or may not have had a connection to my ggg-grandfather James Smith.

GGG stands for Great-Great-Great. All-things-being-equal this is the approximate time period and definitely the location, the Island of Grenada, where I hope to find some clue, hint, or shred of evidence to ggg-grandfather James’ ancestry and genealogy.

I have discovered some references and text regarding the may or may not lead to the possible discovery of Benjamin D’Harriette Smith’s genealogy. Stay-tuned.

My next Document dated 31 August 1798 and entered 30 June 1802 in the Grenada Registers of Records concern a land contract between Benjamin D’Harriette Smith, James Park, and Robert Ker.

Above are the images of Pages 467 through and including 470 as downloaded from Item 3 of the microfilm FHL [1563378].

And my Transcription –

467

Examd
Grenada

Entered 30th June 1802

This Indenture made the thirty first day of August in the year of our Lord One thousand seven hundred and ninety eight Between Benjamin D’Harriette Smith of the Island of Grenada Merchant and James Park at present in the Kingdom of Ireland Merchant by his Attorney the said Benjamin D’Harriette Smith duly constituted and appointed of the One Part and Robert Ker of the said Island of Grenada Merchant of the other Part Whereas the said Benjamin D’Harriette Smith and James Park are seized and po∫se∫sed of in Fee Simple or otherwise well entitled to among other Premises All that certain Lot of Land situate lying and being in that part of the Town of Saint George commonly called the Carenage beginning as delineated on a Diagram thereof hereto annexed and referred to at A and running South thirty degrees East sixty five feet to B from thence South forty seven Degrees and a half eighty five feet to C the boundary line of the Harbour and then along the said line of the Harbour North thirty seven Degrees and forty four Minutes East fifty seven feet six inches to Pile No. 5 then North twenty five Degrees and three quarters East twenty feet five Inches to D and then North forty two Degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North forty two West forty four feet to G then South forty four Degrees and one Quarter West Eleven feet to A the place of beginning being bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commis∫song and on the North and West partly by Land of Me∫sieurs Park and Smith a common pa∫sage and Scott Street Reserving thereout neverthele∫s for the mutual use of the said Parties Parties to these Presents a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of thesaid Robert Kers House straight through to the Street leading to Scott Street aforesaid as by the said Diagram more fully appears Together with the Buildings and Improvements thereon or on any Part or Parcel thereof

erected

468

Erected standing or being with the Appurtenances And Whereas thesaid Benjamin D’Harriette Smith and James Park have agreed to and with the said Robert Ker to sell and dispose of the same to him at and for the price or sum of Four thousand Pounds Current Money of the said Island of Grenada Now therefore this Indenture witne∫seth that thesaid Benjamin D’Harriette Smith and James Park for and in consideration of the said sum of Four thousand Pounds Current Money of Grenada aforesaid to them thesaid Benjamin D’Harriette Smith and James Park in hand well and truly paid at or before the ensealing and delivery of these Presents the Receipt whereof they the said Benjamin D’Harriette Smith and James Park Do and each of them Doth hereby acknowledge and thereof and therefrom and of and from every part and parcel thereof Do and each of them Doth hereby acquit release exonerate and for ever discharge thesaid Robert Ker his Heirs Executors and Administrators and every of them by these Presents Have and each of them Hath granted bargained sold aliened released and confirmed And by these Presents Do and each of them Doth grant bargain sell alien release and confirm unto the said Robert Ker (in his actual po∫se∫sion now being be virtue of a Bargain and Sale to him thereof made 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 of uses into Po∫se∫sion) and to his Heirs and A∫signs All that contain Lot of Land hereinbefore particularly mentioned and described Together with all Houses Outhouses Edifices Buildings Ways Paths Pa∫sages Easements Profits Commodities Advantages Emoluments and Hereditaments whatsoever to the same belonging or in any wise appertaining or which to and with the same now are or at any time or times heretofore have been held used occupied accepted reputed taken or known as part parcel or member thereof or any part thereof And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits of all and singular thesaid Premises and every part and Parcel thereof with the Appurtenances And also all the Estate Right Title Interest Property Claim and Demand whatsoever in Law or Equity of them thesaid Benjamin D’ Harriette Smith and James Park of in and to all and singular the said Premises above mentioned and of in and to every part Parcel thereof with the Appurtenances \\\\\\\\\\\\\\ \\\\\\\\\\\\\\\ ===================================================== =============================================================================================================================================================== And also all Deeds Evidences and Writings touching or concerning thesaid Premises only or only any part thereof Together with true Copies of all other Deeds Evidences and Writings which do concern the said Premises or any Part thereof jointly with any other Lands or Tenements now in the custody or Po∫se∫sion of them thesaid Benjamin D’Harriette Smith and James Park or which they can or may get or come by without suit in Law or Equity the same Copies to be made taken and written at the proper Costs and Charges of thesaid Robert Ker his Heirs and A∫signs To Have and to hold all and singular thesaid Lot of Land herein before particularly mentioned and described And all Houses Outhouses Edifices and Buildings above in and by these Presents released and confirmed Reserving thereout neverthele∫s the twelve feet for a common Pa∫age herein before particularly mentioned

and 

469

And set forth in the Diagram as aforesaid and every part and Parcel thereof with the Appurtenances unto thesaid Robert Ker his Heirs and A∫signs To the only proper use and behoof of thesaid Robert Ker his Heirs and A∫signs for ever and to and for no other use intent or purpose whatsoever And the said Benjamin D’Harriette Smith and James Park for themselves their Heirs Executors and Administrators do covenant promise grant and agree to and with thesaid Robert Ker his Heirs and A∫signs that they thesaid Benjamin D’Harriette Smith and James Park now are the true lawful and rightful Owners of all and singular the Lot of Land Tenements and Buildings above mentioned and of every Part and Parcel thereof with the Appurtenances And also that they the said Benjamin D’Harriette Smith and James Part at the time of the sealing and Delivery of these Presents are lawfully and rightfully seized in their own right of a good sure perfect absolute and undefeasible Estate of Inheritance in Fee Simple of and in all and singular thesaid Premises above mentioned with the Appurtenances without any manner of Condition Mortgage Limitation of use or uses or other Matter Cause or Thing whatsoever to alter change charge or determine the same And also that thesaid Benjamin D’Harriette Smith and James Park have good right full Power and sufficient Authority in the law to grant release ^convey and confirm all and singular the said Lot of Land Buildings and Premises above granted and released with the Appurtenances unto thesaid Robert Ker his Heirs and A∫signs to the only proper use and behoof of the said Robert Ker his Heirs and A∫signs for ever according to the true intent and meaning of these Presents And also that he the said Robert Ker his Heirs and A∫signs shall and may at all times for ever hereafter peaceably and quietly have hold occupy po∫se∫s and enjoy all and singular thesaid Lot of Land Buildings and Premises aforesaid with the Appurtenances And every Part and Parcel thereof without the lawful let suit Trouble Hindrance Molestation Interruption Eviction or Disturbance of them thesaid Benjamin D’Harriette Smith and James Park their Heirs or A∫signs or of any other Person or Persons lawfully Claiming or to Claim by from or under them any or either of them And that freed and discharged otherwise well and sufficiently saved kept harmle∫s and indemnified of from and against all former and other Gifts Grants Leases Mortgages Jointures Dowers Uses Wells Entails Americaments Bonds Annuities Writings Obligatory Extents Judgments Executions Rent and Arrearages of Rent and of and from all other Charges Estates Rights Titles Troubles and Incumbrances whatsoever had made committed done or suffered to be had made committed done or suffered by the aid Benjamin D’Harriette Smith and James Park or their Heirs or any other Person or Persons lawfully claiming or to claim by from or under them any or either of them And further that they thesaid Benjamin D’ Harriette Smith and James Park and their Heirs and all and every other Person and Persons and his and their Heirs \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\ having or lawfully claiming any Estate Right Title or Interest of in or to the said Premises above in and by these Presents released and confirmed or any part thereof by from or under them any or either of them shall and will from time to time and at all times here after upon the reasonable request and at the proper Costs and Charges in the Law

of 

470

Of the said Robert Ker his Heirs and A∫signs make do seal and execute or casue or Procure to be made done sealed and executed aall and every such further and other lawful and reasonable Act and Acts Things Device and Devices Conveyance and Conveyance A∫surance and A∫surances in the Law whatsoever for the further better and more perfect granting conveying releasing confirming and a∫suring of all and singular the Premises aforesaid with the Appurtenances and every part and parcel thereof unto the said Robert Ker his Heirs and A∫signs to the only proper use and behoof of the said Robert Ker his Heirs and A∫signs for ever as aforesaid as by the said Robert Ker his Heirs or A∫signs or his or their Counsel learned in the Law shall be reasonably advised devised or required In Witne∫s whereof the said Parties to these Presents have hereunto subscribed and set their Hands and Seals the day and Year first above within written

Benja: D’Harriette Smith ( L S )

James Park by his Attorney ( L S )

Benja: D’Harriette Smith

Sealed and delivered in the presence of

Jas Ro∫s M. Nowlan

Grenada
Received on the day of the date of the within written Indenture of and from the therein named Robert Ker the sum of Four thousand Pounds Current Money of the Island of Grenada aforesaid being the full Consideration Money within mentioned to be paid to us
We say received

Benja: D’Harriette Smith

James Park by his Attorney

Benja: D’Harriette Smith

Grenada
Acknowledged 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 eight hundred and Two

GH Horsley Dep Register

Forging forward with my search, the next Document begins on Page 470.

Enjoy,

Jim

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Part 630s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith - St. George’s, Grenada

Good Day,

This is the “One Pepper Corn” Document following up on the Benjamin D'Harriette Smith contract as introduced in Part 629s. In my search for the genealogy and origins of my ggg-grandfather James Smith I am trying not to leave any “stone” or even “pepper corn” unturned.

The inserted image is of The Carnage (The Harbour), St. George's, Grenada, from Caribbean Photo Archive.

In this case of this contract/document from the Grenada Registers of Records “A peppercorn in legal parlance is a metaphor for a very small payment, a nominal consideration, used to satisfy the requirements for the creation of a legal contract. Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more.” (From Wikipedia)

Here are the pages 466 through and including 467 from the Grenada Registers of Records. I have downloaded the images from Item 3 of the microfilm [1563378].

My Transcription –

466

Examd
Grenada

Entered 30th June 1802

This Indenture made the thirtieth day of August in the year of Our Lord One thousand seven hundred and ninety eight Between Benjamin D’Harriette Smith of the Island of Grenada Merchant and James Park at present in the Kingdom of Ireland Merchant by his Attorney the said Benjamin D’Harriette Smith duly constituted and appointed of the one Part and Robert Ker of the said Island of Grenada Merchant of the other Part Witne∫seth that the said Benjamin D’Harriette Smith and James Park for and in consider ation of the sum of five ∫hillings Current Money of the Island of Grenada aforesaid to them in hand paid by the said Robert Ker at or before the ensealing and delivery of these Presents the Receipt whereof is hereby acknowledged Have and each of them Hath granted bargained and sold and by these Presents Do and each of them Doth grant bargain and sell unto thesaid Robert Ker his Executors Administrators and A∫signs All that certain Lot of Land situate lying and being in that part of the Town of Saint George’s commonly called the Carenage beginning as delineated on a Diagram thereof at A and running South thirty Degrees East sixty five feet to B from thence South forty seven Degrees and a half eighty five feet to C the Boundary line of the Harbour and then along thesaid line of the Harbour North thirty seven Degrees and forty two minutes East fifty seven feet six inches to Pile No. 5 then North twenty five Degrees and three quarters East twenty feet five Inches to D and then North forty two Degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North forty two West forty four feet to G then South forty four Degrees and one quarter West eleven feet to A the place of beginning bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commi∫song and on the North and West partly by Land of Me∫sieurs Park and Smith a common Pa∫sage and Scott Street Reserving thereout Neverthele∫s for the mutual use of the said Parties to these Presents a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of the Robert Ker’s House straight through to the street leading to Scott Street aforesaid Together with the Buildings and Improvements thereon or on any Part thereof erected standing or being And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits of the Premises above mentioned with their and every of their appurtenances To have and To hold the said Piece or Parcel of Land with the Buildings and Improvements thereon or on any Part thereof Hereditaments and Premises above mentioned and every part and parcel thereof with their and every of their appurtenances unto thesaid Robert Ket his Executors Administrators and A∫signs from the Day next before the day of the date of these Presents for and during and unto the full said and Term of one whole Year from thence next ensuing and fully to be complete and ended Yielding and Paying therefor at the expiration of thesaid year One Pepper Corn if the same shall be lawfully demanded To the intent that by virtue of these Presents And of the statute made for transferring of Uses into Po∫se∫sion he the said Robert Ker may be in the actual Po∫se∫sion of all and singular the Premises above mentioned with the appurtenances And thereby be enabled to accept and take a Grant and Release of the Reversion and Inheritance thereof to him and to his Heirs To the only proper use benefit and behoof of him thesaid Robert Ker his Heirs and A∫signs for ever as by a certain

Indenture

467

Indenture of Release and made between the same Parties as are Parties to these Presents and bearing date the day after the day of the date hereof shall be thereof declared In Witne∫s whereof the said Parties to these Presents have hereunto subscribed and set their Hands and Seals the day and year first above written within

Benja: D. Smith ( L S ) James Park of his Atty

Benja: D. Smith ( L S )

Sealed and Delivered in the presence of

Jas Ro∫s - M. Nowlan

Grenada – Received on the day of the Date of the above written Indenture of and from the herein named Robert Ker the sum of five ∫hillings Current Money of the Island of Grenada aforesaid being the full Consideration Money therein mentioned to be paid to us

Benja: D. Smith

James Park of his Attorney

Benja: D. Smith

We say received
Witne∫s Jas Ro∫s. M. Nowlan

Grenada

Acknowledged 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 eight hundred and two

GH Horsley 

Dept Register

Next? Stay-tuned.

Enjoy,

Jim

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Part 629s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith and Gavin Smith - St. George’s, Grenada

Good Day,

The search for the origins and ancestry of my ggg-grandfather James Smith continues.

The next Document from the Grenada Registers of Records span a time frame from 1798 to and about 1802. It is an Indenture of Agreement regarding a Lot of Land in the Town of St. George’s between Benjamin D’Harriette Smith and James Park and Robert Ker. The dimensions and layout of the property is pretty well spelled out in the Document and is contingent on the surveyed product of Gavin Smith.

Two Smiths, but no hint or clue as to any connection or relationship to ggg-grandfather James.

Here are the images of the Pages 462 through and including 465 from the Grenada Registers of Records and downloaded from Item 3 of the microfilm FHL [1563378].

My Transcription –

462

Exam

Grenada

Entered 30th June 1802

Articles of Agreement indented had made concluded and agreed upon this fourth day of April in the year of Our Lord One thousand seven hundred and ninety eight Between Benjamin D’Harriette Smith of the Island of Grenada Merchant and James Park at present in the Kingdom of Ireland Merchant by his Attorney thesaid Benjamin D’ Harriette Smith of the one part and Robert Ker of the said Island of Grenada Merchant of the other Part as follows Vizt First of all the said Benjamin D’Harriette Smith and James Park for and in consideration of the sum of four thousand Pounds Current Money of the said Island of Grenada to be paid as hereinafter is mentioned do hereby for themselves their Heirs Executors and Administrators and every of them covenant with thesaid Robert Ker his Executors and Administrators and every of them by these Presents That they the said Benjamin D’Harriette Smith and James Park their Heirs and A∫signs (and all and every other Person and Persons whatsoever claiming or to claim any Right Title or Interest under them or any other Person or Persons whatsoever of in or to the Premises hereafter mentioned) shall and will at the proper Costs and Charges of the said Robert Ker his Heirs and A∫signs on or before the first day of September next by such Conveyances A∫surances Ways and Means in the Law as he the said Robert Ker his Heirs or A∫signs or his or their Counsel learned in the Law shall reasonably devise advise or require well and sufficiently grant sell release convey and a∫sure to the said Robert Ker and his Heirs or to whom he or they shall appoint or direct All that Lot of Land situate in that part of the Town of Saint George commonly called the Carnage beginning as delineated on a Diagram thereof hereunto annexed and referred to at A and running South thirty Degrees East sixty five feet to B from thence South forty seven Degrees and a half eighty five feet to C the boundary line of the Harbour and then along the said Line of

the

463

The Harbour North thirty seven degrees and forty four Minutes East fifty seven feet six inches to Pile N. 5 then North twenty five Degrees and three quarters East twenty feet five inches to D and then North forty two degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North forty two West forty four feet to G then South forty four Degrees and one quarter West eleven feet to A the Place of beginning being bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commi∫song and on the North and West partly by Land of Me∫sieurs Park and Smith a common Pa∫sage and Scott Street (Together with all the Buildings therein or on any part thereof erected) to by the said Diagram and fully appear Hath Covenants therein to be contained that the said Lot of Land and Buildings and Premises at the terms of such Conveyances is free from all Incumbrances and Demands whatsoever and all other fit and reasonable Covenants Secondly Thesaid Robert Ker in Consideration of the of the Premises for himself his Heirs Executors Administrators and A∫signs doth covenant to and with thesaid Benjamin D’Harriette Smith and James Park their Heirs Executors Administrators and A∫signs by these Presents that he the said Robert Ker his Heirs Executors and Administrators or some or one of them shall and will well and truly pay or cause to be paid to the said Benjamin D’Harriette Smith and James Part their Heirs Executors Administrators or A∫signs the aforesaid sum of four thousand Pounds Current Money of Grenada aforesaid in manner and form following that is to say the sums of One thousand three hundred and twenty Pounds like Current Money part thereof on the first day of August next the further sum of One thousand Pounds Pounds like Current Money the Part thereof on the first day of May which will be in the year of Our Lord One thousand seven hundred and ninety nine the further sum of One thousand Pounds like Current Money the first thereof on the first day of May which will be in the Year of Our Lord One thousand eight hundred and the remaining sum of six hundred and eight pounds like Current Money on the first day of May which will be in the year of Our Lord One thousand eight hundred and one making in the whole aforesaid sum of four thousand Pounds Current Money aforesaid without Interest Thirdly, It is hereby mutually agreed upon by and between the Parties to these Presents That in the Conveyance of the Land and Buildings hereby agreed upon and hereafter to be made there shall be _____ for the mutual use of the said Parties a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of the said Robert Ker’s House straight through to the Street Landing to Scott Street aforesaid Fourthly The Said Robert Ker (for himself his Heirs Executors and Administrators doth hereby covenant promise grant and agree to and with the said Benjamin D’Harriette Smith and James Park their Heirs and A∫signs That in their making and executing such Conveyance and A∫surance of the Premises and Buildings to him at the terms hereinbefore) mentioned for that purpose He the said Robert Ker shall and will in and form of Law seal and execute to thesaid Benjamin D’Harriette Smith and James Park their Executors Administrators or A∫signs

or 

464

Or to such Persons as they shall appoint a Mortgage or Security of all the said intended to be conveyed Premises and Buildings as aforesaid for the Term of One thousand Years or some long Term of Years for the securing to them the Payment of thesaid sum of four thousand Pounds Current Money aforesaid without Interest at the several and respective times and in manner hereinbefore particularly set forth Fifthly and Lastly – For the true and faithful performances of all and every the Covenants and Agreements aforesaid in these Presents contained each of the Parties here to doth hereby bind themselves their Heirs Executors Administrators and A∫signs respectively unto the other party their Heirs Executors Administrators and A∫signs in the Final sum of One thousand Pounds Current Money of the Island of Grenada aforesaid In Witne∫s whereof thesaid Parties to these Presents have hereunto Interchangeably submitted and set their Hands and Seals the Day and Year first above within written

Benja: D. Smith ( L S )

James Park his Atty ( L S )

Benja: D. Smith

Robert Ker ( L S )

Sealed and Delivered in the presence of

Walter Stott Jas Ro∫s

Saint George’s Grenada 19th April 1799. Received from Robert Kerr Esquire the sum of One thousand three hundred and twenty Pounds Currency being the first Installment due by the within written Agreement on the first day of August last

James Park by his Attorney

Benja: D. Smith

Benja: D. Smith

Witne∫s Jams Ro∫s

Grenada 3d Feby 1801 Recd. from Robert Ker – Ker Hy’s Bill of Exa. of this date on Hopkirk, Cunningham & Co. Glasgow 90 a/s for Two Hundred Pounds Sterling Exchange One hundred & Eighty two and one half _____ Cent

B. D. Smith

Grenada

Acknowledged before me by the above named Benjamin D’Harriette Smith and Robert Ker two of the Parties to the within Indenture of Agreement as and for their respective free and voluntary Act and Deed and also by thesaid Benjamin D’Harriette Smith as the Attorney in the name of and as and for the free and voluntary Act and Deed of James Park the other Party to the said Indenture this 28th June 1802

GH Horsley

Dept Register

465

Diagram of a lott of Land situate in that part of the town of St. George commonly called the Carenage beginning at A and running South thirty degrees east sixty five feet to B from thence South forty seven degrees and a half eighty five feet to C the Boundary line of the Harbour and then along the said line of the Harbour North thirty seven degrees and forty four minutes east fifty seven feet six inches to Pile N.5 then North twenty five Degrees and three quarters east twenty feet five Inches to D and then North forty two degrees West ninety one feet to E then South forty eight degrees West fifty two feet to F then North forty two west forty four to G then south forty four degrees and one greater West eleven feet to A the place of beginning being bounded on the South and West by Land of Me∫srs Robert and Alexr. Campbell on the South and East by the Harbour on the the North and East by Land of Mr. Dominngo Commi∫siong and on the North and west partly by land of Me∫srs Park and Smith a common pa∫sage and Scott Street as the Diagram more particularly represents Surveyed at the request of Robert Ker esquire March 1798.

Gavin Smith

S. L.?

I won’t give up. On to the next Document.

Enjoy,

Jim

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