Part 533s – Smith Robertson Genealogy – Indenture Research – 1801 Benjamin D’harriette Smith – Charibee Islands & Irish Sterling

Morning,

Summer solstice has passed and now the days begin to get shorter. And we’re in those penultimate days of the just-waiting-for the thunder and lightning season to begin its fury in Central Florida. The days are hot… but at least I have the pool just outside my living room door and I get soaked hourly to keep a cool and calm brain and body.

So I continue on in the search for my ggg-grandfather James Smith; the search and research for his origins and genealogy. This morning’s Indenture does not have any immediate hints or clues that there is any possible association between Benjamin D’Harriette Smith and ggg-grandfather James. The dates included in the Indenture could approximate the time frame near and about ggg-grandfather James’ life and there may have been some association between him and Benjamin D’Harriette Smith. I only conclude because of the indication that the property that is discussed on Page 488 in this contract is bounded and bordered in the Town of Saint George by what is called “the Carpenter’s yard”.

This Indenture begins on Page 484 and continues through to Page 490 of the Grenada Registers of Records found in Item 2 of the microfilm FHL [1563378].

Here are the images of the Indenture.

And my transcription –

(484)

Examined

Entered 5th March 1801

This Indenture made the thirtieth day of December in the forty first year of the
reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and
Ireland King defender of the faith and so forth and in the year of our Lord One thousand
eight hundred Between James Park of the Island of Trinidad merchant and

Benjamin

(485)

Benjamin D’harriette Smith of the Island of Grenada merchant of the one
part, and Alexander Cockburn of the Town of Saint George in the aforesaid Island of
Grenada Doctor of Physic of the other Part Whereas in and by a certain royal
Grant or letters patent under the great Seal of the said Island of Grenada bearing
date the thirty first day of August which was in the year of our Lord One Thousand
seven hundred and seventy five and in the fifteenth year of his present Majesty’s
reign by the humble petition of David Merril to his Excellency William Young the
then Commander in Chief of the Southern Charibbee Islands of Grenada the Grena
dines Saint Vincent and Tobago his Majesty did give and grant unto the said
David Merril his heirs and a∫signs all that water lot lying and being in the
upper Carenage in the Town of Saint George and Island of Grenada aforesaid contain
ning seven thousand nine hundred and thirty two square feet being ninety feet four
Inches in front next the lands of the said David Merril and running on the North
East Side seventy six feet ten Inches and ninety five feet five Inches on the South
West Side backwards into the sea of the figures and boundaries particularly described
in the Diagram of the said lot hereunto annexed with liberty to _____ out a Wharf
into the Carenage with the appurtenances whatsoever the same ^or any part of the same belonging and all things on the same built erected stan
ding growing or being To hold the same unto the said David Merril his heirs and
a∫signs in free and Common Socage to his and them only proper use and behoof for ever
and for no other use at the annual rent of one penny Sterling for every foot in front of
such town lot in Saint Georges aforesaid to commence on the thirty first day of August
which was in the year of our Lord One Thousand seven hundred and seventy seven which
would be within two years after the date of the said Grant and subject to the Conditions
thereinafter particularly mentioned as by the said recited Grant duly recorded in
the Clerk of the Patent’s Office in and for the said Island of Grenada and other the
Islands then thereto depending reference being thereunto had will more fully and at large
appear And whereas the said David Merril did some time after depart this life where
by the above recited lot granted into him as aforesaid descended to his Brother and heir
at law Melaliah Merril and whereas by Indentures of lease and release bearing date
respectively the sixteenth and seventeenth days of March which were in the year of our
Lord one thousand seven hundred and eighty seven and made between the said
Melaliah Merril of the one part and James Carson of the other Part the said Melaliah
Merril for the Considerations therein mentioned did grant release and confirm unto
the said James Carson his heirs and a∫signs all his right and title in and to one
equal moiety or half part of all the said lot and premises granted unto the said
David Merril his brother deceased in the said hereinbefore recited grant or letters
patent mentioned and described as by the said Indenture of release recorded in the
Register office of the said Island of Grenada reference being thereunto had well more
fully appear And whereas in and by a certain other royal Grant or letters

patent

(486)

Patent under the great Seal of the said Island of Grenada bearing date the twenti
eth day of November in the twenty eight year of the reign of his present majesty by the
humble Petition of John Hutchings and James Carson then of the Town of Saint George in
the said Island of Grenada to his honor Samuel Williams the then President of the Council
and Commander in Chief of the said Island of Grenada and its dependencies his Majesty did
give and grant unto the said John Hutchings and James Carson their heirs and a∫signs
all that Piece of land being of such dimensions butts and bounds as therein and hereinaf
ter mentioned that is to say beginning at the South angle by the lot of land in the po∫
se∫sion of the said John Hutchings and James Carson and containing along the same
North thirty two East one hundred and thirteen feet six Inches thence South fifty eight
East twenty feet into the harbor to intersect the boundary thereof thence South 24 45
West along the said Boundary one hundred and twenty feet thence North 48 30 West thir
ty four feet six Inches to the Place of beginning abutted and bounded North West by the
said lot of land in the po∫se∫sion of the said John Hutchings and James Carson North East
by the water lot adjoining lands of Samuel Hall South East by the boundary line of
the said harbor and South West by the water lot adjoining to lands in the po∫se∫sion of
Charles Morris and all the woods underwoods profits Commodities easements heredits and Ap
purtenances thereunto belonging and appertaining To hold the same unto the said John Hutch
ings and James Carson their heirs and a∫signs in free and Common Socage to their only
proper use and behoof for ever and for no other use at the yearly quit rent of one Penny
Sterling post in front of the lot thereby Granted to commence the twentieth day of Novem
ber one thousand seven hundred and eighty nine subject to the Terms and Conditions
thereinafter mentioned And whereas the said John Hutchings purchased the other unde
vided moiety of the Premises one moiety whereof was conveyed to the said James Carson by
the hereinbefore recited Indenture of lease and release whereby the said James Carson and
John Hutchings became tenants in Common of the Premises granted by the first recited Grant
all which said premises were adjoin and contiguous to each other they the said John
Hutchings and James Carson caused a division to be made of all the said Premises whereby
the parcel and allotment of the premises contained in the said recited grants made and
allotted to the said James Carson extended sixty two feet six Inches in front towards the
sea fifty three feet back seventy six feet ten Inches towards the North East and eighty three
feet nine Inches towards the south West as by a Survey and diagram thereof made and
signed by the said James Carson and John Hutchings well more fully and clearly appear
And whereas the said James Carson some time after the execution of the said recited
Indenture of lease and release departed this life And whereas in and by the last will
and Testament of the said James Carson deceased bearing date the twenty ninth day of
May which was in the year of our Lord One thousand seven hundred and eighty nine and
recorded in the proper Register Office and for the said Island of Grenada and its
dependencies the fourth day of July which was in the year of our Lord One thousand seven
hundred and ninety three the said James Carson amongst other devises and bequests

did

(487)

Did give and bequeath unto James Carson of Carmony, Belfast and Mary
Boyd his wife (his Father and mother) and to Elizabeth Carson his Sister German equally?
and the survivor or Survivors of them their heirs and a∫signs the whole remainder of
his Goods and Chattels, effects and Slaves, his lot of land in the Carenage with the houses
thereon erected and all other means and estates real and personal whatsoever belonging
unto him, or that may belong unto him at his death, as also all debts, dues and demands
then indebted or vesting to him or that may be owing to him at his death as by the said
recited will in the aforesaid Register’s Office recorded reference being thereunto have with
more full and at large appear And whereas the said Elizabeth Carson the Sister of
the said James Benson deceased has never since been heard of and the said Mary Car-
son the mother by the death of the said James Carson the Father became and was lawfully
intitled to one moiety of the said devised Premises by virtue of the above recited will of
the said James Carson her son deceased; And whereas in and by certain Indentures
of lease and release bearing date respectively the sixth and seventh day of October
which were in the year of our Lord One thousand seven hundred and ninety six, and
made or mentioned to be made between the said Mary Carson widow of the one Part
and the said James Park and Benjamin d’hariet Smith of the said Island of
Grenada merchants and partners in Trade under the firm of Park and Smith of the
other part It is witne∫sed that for the Consideration therein mentioned the said
Mary Carson did grant bargain sell remise release and confirm unto the said
Park and Smith all her right title and Interest in and to all the lot or parcel of
Ground before recited situate lying and being in that Part of the Town of Saint George
called the Carenage in the Island of Grenada aforesaid containing in front fifty
feet and extending backwards eighty feet or thereabouts more or le∫s bounded as before
mentioned together with her moiety or Proportion of all houses buildings and Improvements
thereon with their rights members and appurtenances and the reversion and reversions
remainder and remainders yearly and other rents I∫sues and Profits thereof and all the
estate right title Interest Claim and demand of her the said Mary Carson of in and to
the same or any Part thereof to hold the said premises thereby granted and released
unto the said Park and Smith their heirs and a∫signs for ever as Tenants in Common
and not as joint Tenants subject to the Payment of an annuity or yearly Sum of Seven
pound seven Shillings and sixpence Irish Sterling money by the said Park and
Smith during her natural life and to a moiety of such payments and Covenants as may
be required pursuant to the Tenor of the said Grants And whereas the said James
Park and Benjamin d’Harriette Smith are now in the actual po∫se∫sion of that moiety of
the premises mentioned in the hereinbefore first recited Grant and of that moiety of the
premises mentioned in the hereinbefore secondly recited Grant which were allotted to the said
James Carson upon the division hereinbefore mentioned being made and have agreed to sell

and

(488)

And convey the same unto the said Alexander Cockburn for the Consideration and in
Manner hereinafter mentioned; Now this Indenture witne∫seth that for and in Con-
sideration of the Sum of One Thousand Pounds lawful Current Money of the Island of Grenada
to them the said James Park and Benjamin d’Harriette Smith in hand well and truly paid
by the said Alexander Cockburn the receipt whereof the said James Park and Benjamin d’Har
riette Smith do hereby acknowledge and thereof and of every part thereof do and each of them
doth acquit release and discharge the said Alexander Cockburn his heirs executors administrators
and a∫signs for ever by these Presents They the said James Park Benjamin D’hariet
Smith have and each of them hath given granted bargained and sold aliened enfeoffed released
and confirmed and by thes Presents do and each of them doth give grant bargain sell
alien enfeoff release and confirm unto the said Alexander Cockburn his heirs and a∫signs
for ever all that the aforesaid lot piece or parcel of Ground situate lying and being in that
part of the town of Saint George aforesaid called the Carenage containing by admeasurement
five Thousand nine hundred and ninety four superficial Square feet and bounded on the
South East by the Carnage, on the north East by the Carpenter’s yard from only the Property
of Thomas Bennett deceased and afterwards of Samuel Hall deceased, on the North west by
the other lands on the po∫se∫sion of the said James Park and Benjamin D’Harriette Smith and
on the South West by lands late in the po∫se∫sion of John Hutchings deceased, and extending on
the South East sixty two feet six inches, on the North East ninety six feet six Inches, on the
North West one hundred and seven feet three Inches, with all and singular me∫suages dwel-
lin house Outhouses erections Buildings and Improvements thereon standing and made
with the rights members and appurtenances thereof and all ways Paths Pa∫sages waters
water courses xxxxxxxx easements Profits Commodities advantages emoluments and Heredi
taments whatsoever to the said lot Piece or parcel of land erections and buildings belonging or
in any wise appertaining or which now or heretofore have been accepted reputed taken known
used occupied or enjoyed to or with the same or as part of Parcel thereof or of any Part thereof
and the reversion and reversions remainder and remainders rents I∫sues and Profits of all and
singular the said Premises above mentioned and of every part thereof with the appurtenances
and also all the estate right Title Interest Claim and demand whatsoever of them the said
James Park and Benjamin D’harriette Smith of in and to the same every Part
and Parcel thereof with the appurtenances To have and To hold all and singular the said
lots Pieces or Parcels of land erections Buildings hereditaments and Premises above mentioned
and every Part and Parcel thereof with the appurtenances unto the said Alexander Cock-
burn his heirs and a∫signs forever to the use of the said Alexander Cockburn his heirs and
a∫signs for ever And the said James Park and Benjamin D’harriette Smith for themselves
their heirs executors and administrators do jointly and each of them for himself severally and
for his heirs executors and administrators doth covenant promise and agree to and with the
said Alexander Cockburn his heirs and a∫signs in manner and form following that is to
say that they the said James Park and Benjamin D’Harriette Smith or one of them their

Or

(489)

Or one of their heirs executors or administrators shall and will continue to pay or cause to be
paid the said annuity or yearly Sum of eleven Pounds seven Shillings and six pence Irish Ster
ling money to the said Mary Carson in and by the said recited Indenture of release required
during the term of her natural life And that he the said Alexander Cockburn his heirs
and a∫signs shall and may at all times for ever hereafter peaceably and quietly in his use?
have hold occupy po∫se∫s and enjoy all and singular the said Lot Piece or parcel of land erec
tions buildings hereditaments and Premises hereinbefore granted and enfeoffed or intended
so to be with the appurtenances without any let trouble hindrance molestation Interruption
or denial whatsoever of or from them the said James Park and Benjamin D’Harriette Smith
David Merril Melaliah Merril Mary Carson the mother Elizabeth Carson the Sister or any
of them their either or any their heirs or a∫signs or of or from the heirs or a∫signs of the said
James Carson the Son or James Carson the Father or of any other Person or persons whatsoever
having or lawfully claiming or to claim the hereby given and granted premises or any Part
thereof by from or under them or any of them and that freed and discharged or otherwise well
and sufficiently saved and kept harmle∫s and indemnified by the said James Park and Ben-
jamin d’Harriette Smith their heirs Executors and administrators of from and against all for
mer and other bargains sales Gifts leases releases Feoffments mortgages Jointures dowers
rights and titles of Dower uses wills Intails annuities writings Obligatory statutes recognizances
estates rights titles troubles and Incumbrances whatsoever had made committed done or suffered
or to be had made committed done or suffered or caused or to be caused to be had mad committed
done or suffered by the said James Park and Benjamin d’Harriette Smith the said David
Merril Melalial Merril James Carson the Son James Carson the Father Mary Carson Elizabeth
Carson or any of them their or any of their heirs or a∫signs or any other person or persons what
soever claiming or to claim by from or under them or any of them or by any other Person or Per
sons whomsoever except neverthele∫s the rent hereafter to accrue and in and by the said herein
before recited Grants reserved and payable our of the Premises hereby granted And further that
they the said James Park and Benjamin D’harriette Smith and the Survivor of them and his
and their heirs and all and every other Person or Persons having or claiming any estate right
title or Interest in the Premises hereinbefore granted and enfeoffed or any Part thereof by from or
under them the said James Park and Benjamin d’harriette Smith David Merril Melaliah Merril
James Carson the Son James Carson the Father Elizabeth Carson and Mary Carson or any of them
shall and will from time to time and at all Times hereafter upon the request that at the Costs
and Charges of the said Alexander Cockburn his heirs or a∫signs make do and execute or cause
and procure to be made done and executed all the every such lawful and reasonable act
and acts Thing and things Devise and Devises Conveyances and a∫surances in the law _____ _____
for the further better more perfect and absolute granting conveying and a∫suring of all and singular
the said premises above mentioned with the appurtenances unto the said Alexander Cockburn
his heirs and a∫signs for ever according to the true Intent and meaning of these Presents as by
the said Alexander Cockburn his heirs and a∫signs or his or their Counsel learned in the law

shall

(490)

Shall be reasonably advised or devised and required And the said Alexander Cockburn for
himself his heirs executors and admǒrs doth hereby covenant and agree to and with the said James
Park and Benjamin D’Harriette Smith jointly and each of them severally and to and with their and
each of their heirs that he the said Alexander Cockburn his heirs executors administrators and a∫signs
shall and will from time to time and at all Times hereafter pay and discharge as well one moi
ety of the rent to and by the said hereinbefore first recited Grant reserved and payable out
of the premises thereby granted ^and one moiety of the used? in and by the said premises? by _____ of _____ reserved and payable out of the premises thereby granted In Witne∫s whereof the said Benjamin D’harriette Smith hath
hereunto set his hand and Seal and also the hand and Seal of the said James Park by virtue
of a letter of attorney or deed Poll bearing date the eighth day of December in the year of our
Lord One Thousand eight hundred duly executed by the said James Park and fully authorizing
him so to do (as by the said letter of attorney or the record thereof remaining in the Register’s Office
of the said Island of Grenada reference being thereunto had will more fully and at large appear))
and the said Alexander Cockburn hath also set his hand and Seal the day and year first
above written

James (LS) Park
By his atty
B.D. Smith
B.D. (LS) Smith

Sealed and delivered in the presence of

Chas Miles
Jno. Thos. Proby Alex (LS) Cockburn

Received on the day and year first within written of and from the within named Alexan
der Cockburn the Sum of one thousand pounds Current money of Grenada being the amount of
the Consideration money within mentioned and agreed to be paid by him to us we say received
£1000.0.0 Curry

James Park by his Atty
B.D. Smith

Witne∫s Jno Thos. Proby
Be it remembered that on the day of the date of the within written deed full free and absolute
po∫se∫sion and livery of seizing was given and made by the within named Feoffers James Park
and Benjamin D’Harriette Smith to the within named Feoffers Alexander Cockburn of all and
singular the premises within mentioned To hold unto the said Alexander Cockburn his heirs
and a∫signs for ever according to the true Intent and meaning of the within deed by deliver of a
Clod of the earth of the within mentioned land in the Presence of M. Nowlan Daniel Lyson
Grenada
Acknowledged before me by 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 one of the parties to the
within Indenture of Feoffment and also by the said Benjamin d’harriette Smith the other party
to the said Indenture as and for his own free and voluntary act and deed this fifth day of March
One Thousand eight hundred and one.

JH Bromley Dept Register

On to the next one.

Enjoy,

Jim

Click here to continue reading...

Part 528s – Smith Robertson Genealogy – Indenture Research – 1798 William Smith – Mathew Place, Grenada

Greetings and Good Afternoon,

Tampa’s humidity has most definitely begun. At 7:00 o’clock this morning I was hit with a wall of the pending summer and wet season.

Thank you Stephen, in Glasgow for the image of the 1795 Map of Grenada.

The next Indenture is a definite companion to the one presented in Part 527s. It does not offer any pertinent clues to the origins of ggg-grandfather James Smith. It does however provide detailed accounting of family relationships and inheritance regarding the Ottley and Byam Families. It is an amazing find for anyone seeking these genealogies.

The only Smith is William Smith who is included as a witness to the Indenture. No definitive reference can be inferred or is presented to ggg-grandfather James.

Here are images of the Pages 479 through and including 487 of the Grenada Registers of Records, as downloaded from Item 1 of the microfilm FHL [1563378].

The scribe of this Indenture certainly liked apostrophes “ ‘ “, but there is not a consistent use of them to replace the “ed” by “ ‘d” at the end of part tense verbs. There is also a reference on Page 483 to a “Diagram annex’d to the Grant” which is not included in this copy of the Indenture. I would like to find it.

My transcription –

479

Entered 20th June 1799

This Indenture Tripartite made the Seventeenth Day
of July in the Year of Our Lord one thousand seven hundred and Ninety Eight Between
Thomas Ottley of the Island of Antigua Esquire Father and Guardian of George Weatherill
Ottley, Drury Ottley and Richard Ottley, being Minors, Children of him the said Thomas
Ottley and Grace Ottley is Wife Sister of Sir Ashton Warner Byam deceased late His
Majesty's Attorney General of the Island of Grenada (acting herein by his sole constituted
Attorney Thomas Turner Wise of the said Island of Grenada Esquire) Of the first
Part The Honorable Edward Byam President of His Majesty's Council for the Island
of Antigua one of the Executors named in the Will said Sir Ashton Warner Byam
who is now sole surviving Executor thereof and would have been Heir at Law as being eldest
Brother of the said Sir Ashton Warner Byam if he had made no Will (Acting herein by his
constituted Attornies the Honorable William Arnold of the said Island of Grenada
Esquire and the said Thomas Turner Wise) of the second Part and Joseph Beete
late of the said Island and now of the Colony of Demarary on the Southern Continent
of America Esquire (Acting herein by his constituted Attorney George Henry Horsley of the
said Island of Grenada Esquire) of the third Part Witne∫seth That
Whereas the said Sir Ashton Warner Byam in and by his last Will and Testament

in

480

In Writing duly executed or sign'd Seal'd publish'd and declared at the
Town of Saint George in the said Island of Grenada on the eleventh Day of November
in the Year of our Lord One thousand seven hundred and Ninety as and for his last
Will and Testament in the Presence of three credible Witne∫ses (as the Statute of
Devises in Cases of Real Estate made and provided requires which said Statute by
an act pa∫s'd at Grenada on the Twentieth Day of February in the Year of Our
Lord one thousand seven hundred and sixty Nine is declared to be in Force within
the said Island and its' Dependencies) Among other Devises gave and devised to his
Nephews George Weatherill Ottley Drury Ottley and Richard Ottley and their respective
Heirs as Tenants in Common is Dwelling House and Out Houses where he lived
with all the Land and thereto belonging call'd Mathew Place said George
Weatherill Ottley, Drury Ottley and Richard Ottley by the Children above named of the
said Thomas Ottley and Grace Ottley is Wife Sister as after said of the said Sir Ashton
Warner Byam And That Whereas the said Sir Ashton Warner Byam shortly
after he executed his Will took a Voyage to Antigua where he felt sick and died
and during his Sickne∫s made a Codicil to his Will wear in and whereby he ratified
and confirm'd the foregoing Devise as in and by the said Codicil duly executed by him
on the twenty-first Day of December in the Year of our Lord one thousand seven
hundred and Ninety conformably to the Statue of Devises as after said in cases of Real
Estate and duly proved and recorded after the Testator's Death in the Registry of Wills
in the said Island of Antigua as in and by the said Codicil upon the Record in the said
Registry of Wills Relation being thereunto had will more fully and at large appear
And That Whereas from the said Codicil that the said Sir Ashton
Warner Byam when he went to Antigua left his said Will in the Hands of the late
Reverend Walter Carew one of the Executors named therein now deceased And That
Whereas it appears from a Deposition made to a Copy of the said Will by John Davis
Of the said Island of Grenada Esquire (late Deputy Secretary of the said Island and as
such Register of the Court of Ordinary) who is cheap acting Executor of the Will of Benjamin
Webster late of the said Island Esquire deceased after the Death of the said Walter
Carew was sole resident acting Executor in Grenada of the Will of the said Sir Ashton
Warner Byam That while he the said John Davis acted in the said Office the Original
Of the said Sir Ashton Warner Byam's Will was lodged or the Purposes of being recorded

but

481

But afterwards lent out of the Office for was recorded to the said
Benjamin Webster who he believes either lost or mislaid it the said Original not
appearing upon Record and not being now to be found And That Whereas
of the said Sir Ashton Warner Byam had died intestate the said Edward Byam as
being his eldest Brother would have been his Heir at Law and consequently have
become intitled to all his Real Estate But tho' the Original Will of the Testator cannot
be found it is the Opinion of divers Counsel learned in the Law That under all the
Circumstances of the Case a Court of Chancery would certainly establish the Will from
a Copy which can be well authenticated And That Whereas if the Point of
Law and Equity or even doubtful it clearly appears the said Edward Byam would
never have taken Advantage of any Doubt that could po∫sibly be entertained on the
_____ as by a Letter from him to the said Thomas Turner Wise dated Antigua,
December the thirteenth one thousand seven hundred and ninety-seven to put the
Matter out of all Dispute the road as follows "I flatter myself I need not offer any
Arguments to persuade you to believe, That my being the undesign’d Heir at Law of my
Brother Ashton cannot make any Difference to my Sister Ottley's Family, either as to
is Real, or Personal Estate, as Doctor Byam, who is our only surviving Brother,
breathes the same Sentiments with myself upon the Occasion, and it is our wish
That the Copy, we are fortunately able to produce, may be consider’d equally valid and
Authentic And That Whereas of being the Opinion of the said Thomas
Ottley Father and Natural Guardian of the said George Weatherill Ottley Drury Ottley
and Richard Ottley Devisees as aforesaid (under the Will of the said Sir Ashton Warner
Byam) of the said Lands and Tenements call'd Mathew Place That it will be
now for the Interest of the said Devisees who are Minor to have the Premises sold the
said Edward Byam in order to secure a good Title to a Purchaser is willing to joyn the
said Thomas Ottley Father and Natural Guardian of the said George Weatherill Ottley
Drury Ottley and Richard Ottley in a Conveyance of the said Lands and Tenements to
any One who will give an adequate Price or Consideration for the same And That
Whereas the said Joseph Beete by his constituted Attorney said George Henry
Horsley has offer'd to give the sum of two thousand Pounds Current Money of the said
Island of Grenada for the Premises Provided the said Edward Byam will joyn the
said Thomas Ottley in the Execution of the Conveyance of the same to him with all nece∫sary
Covenants on both their Parts and a proper Release or Relinquishment on the Part of the said
Edward Byam of every Right Title Interest Claim Demand or Pretence whatsoever which

he

482

He the said Edward Byam or any Person or Persons claiming under him being
ever set up And That Whereas the said Thomas Ottley and Edward
Byam both think this Sum offer'd by the said Joseph Beete an adequate Price for the
said Lands and Tenements And the said Edward Byam is perfectly willing
to comply with the Requisition of the said Joseph Beete Now therefore They the
said Thomas Ottley and Edward Byam (the former as being Father and Natural
Guardian of the said George Weatherill Ottley Drury Ottley and Richard Ottley and
the latter as being eldest Brother of the said Sir Ashton Warner Byam whose Heir at
Law he would have been if the said Sir Ashton Warner Byam had made no will)
for and in Consideration of the Sum of two thousand Pounds Current Money of the said
Island of Grenada thesaid Thomas Ottley as Father and Natural Guardian of
the said George Weatherill Ottley, Drury Ottley and Richard Ottley in Hand well
and truly paid by the said Joseph Beete by and with the Consent and Approbation
of the said Edward Byam testified by his being a Party hereto at or before the Sealing and
Delivery of these Presents And for and in consideration of the sum of ten Shillings
Current Money of the said Island to the said Edward Byam also in Hand well and
truly paid by the said Joseph Beete at or before the Sealing and Delivery of these
Presents the Receipt of which two respective Considerations is hereby respectively
acknowledged by the said Thomas Ottley and Edward Byam have and each of
them hath granted bargain'd sold sold released and confirm'd and by these
Presents do and each of them Doth grant bargain sell release and confirm unto
the said Joseph Beete his Heirs and A∫signs All that Tract or Parcel of Land which
was of the said Sir Ashton Warner Byam at the time of his Decease with the Mansion
or Dwelling House Out Offices and all and singular other the Buildings thereon call'd
Mathew Place situate lying and being in the Town of Saint George in the said
Island of Grenada together with all Ways Paths Pa∫sages Waters Water Courses Trees
Woods Underwoods Rights Privileges Easements and Advantages to the same Annex'd
appertaining or belonging or had and enjoyed therewith or reputed to be so which
said Tract or Parcel of Land comprehends or Comprises two distinct Lots Pieces or
Parcel of Land namely All that Lot Piece or Parcel of Land granted to John Ahmuty
late of the Town of Saint George thesaid Island of Grenada Esquire now deceased
by his Majesty's Letters Patent under the Seal of these Islands (Grenada and the Islands
call'd the Grenadines annex'd thereto or dependent thereon) bearing Date the sixteenth

day

483

Day of February in the Year of our Lord one thousand seven hundred
and eighty-five and therein said to be Situate lying and being between the
Road leading to Fort Royal and the House called Chanteloup's lately in the
po∫se∫sion of The Honorable Samuel Williams in the said Town of Saint the
said Lot being bounded Northerly by a Lane or Narrow Street leading from the
Carenage to the Fort Easterly by the before mention’d Lott call’d Chanteloup’s and
partly by a Pa∫sage left between the said Lot and the Prison Southerly on another
Lot then lately Granted to the said Sir Ashton Warner Byam and Westerly on the
Road leading to the Glacis (of the Fort) or however otherwise the same might or
may be butted bounded lying or being which said Lot Piece or Parcel of Land
the said Sir Ashton Warner Byam afterwards purchased from the said John
Ahmuty for the consideration mention’d in an Indenture of Feoffment made the
fifth Day of July in the Year of our Lord One thousand seven hundred and eighty
five between the said John Ahmuty of the One Part and the said Sir Ashton
Warner Byam then Ashton Warner Byam Esquired of the other Part as in and by
the said Indenture duly executed proved and Recorded in the Registry of Deeds in
the said Island of Grenada Relation being thereunto had will more fully and at
large appear And all that Lot Piece or Parcel of Land granted to the said
Sir Ashton Warner Byam (then Ashton Warner Byam Esquire) by the Name or
Description of the Honorable Ashton Warner Byam of the Town of Saint George in the
Island of Grenada Esquire by His Majesty’s Setters Patent under the Seal of these
Islands (Grenada and the Islands call’d the Grenadines annex’d thereto or
dependent thereon) bearing Date the sixteenth day of February in the Year of Our
Lord One thousand seven hundred and eight five and therein said to be situate
lying and being between the Road leading to the Glacis of Fort Royal and the
common Goal in the said Town of Saint George butted and bounded in the same
Form and Manner as the Diagram annex’d to the Grant made to the said Sir
Ashton Warner Byam (then the Honorable Ashton Warner Byam) represents Which
said two distinct Lots and Pieces or Parcels of Land together now form one Tract or Parcel
of Land butted and bounded as follows (that is to say) To the East partly by a Lot of
Land formerly of one Chanteloup and lately of Samuel Williams Esquire and partly
by the Goal Wall, to the West by the Road leading thro’ the Gate to the Artillery Hospital
to the North by the Alley leading from the Carenage to Fort George and to the South
by ungranted Lands, or howsoever otherwise the said Tract or Parcel of Land may be

butted

484

Butted and bounded situate lying and being all which said
Premises are now in the actual Po∫se∫sion of the said Joseph Beete by Virtue of a
Bargain and Sale to him thereof made for one Year in Consideration of Ten shillings
Current Money of the said Island of Grenada to each of them the said Thomas
Ottley and Edward Byam paid by the said Joseph Beete in and by an Indenture
bearing Date the Day next before the Day of the Date of these Presents and by Force
of the Statute for transferring Uses into Po∫se∫sion) and the Reversion and Reversions
Remainder and Remainders Yearly and other Rents I∫sues and Profits thereof and
every Part and Parcel thereof and all the Estate Right Title Interest Use Trust Property
Claim and Demand whatsoever both at Law and in Equity which the said Sir
Ashton Warner Byam had of in or to the said Tract or Parcel of Land together with
the Mansion or Dwelling house Out offices and all and singular other the Buildings
thereon call'd Mathew Place at the Time of his Death and in and by his
last Will and Testament gave and devised as aforesaid to his Nephews the said George
Weatherill Ottley Drury Ottley and Richard Ottley and their respective Heirs as
Tenants in Common to have and to hold the said Tract or Parcel of Land
together with the Mansion or Dwelling House Out offices and all and singular other
the Buildings thereon Tenements Hereditaments and Premises hereby or mention'd or
intended to be hereby granted and released with their and every of their Appurtenances
unto the said Joseph Beete his Heirs and A∫signs to and for the sole proper Use and
Behoof of him the said Joseph Beete his Heirs and A∫signs and to or for no other Use
Intent or Purpose whatsoever And the said Edward Byam for the barring and
extinguishing all the Estate Right Title Interest Claim or Demand whatsoever which
he or any Person or Persons claiming under him might otherwise have pretended to
or setup hath agreeably to the Requisition of the said Joseph Beete and his own
Conviction of the Fee of Honor and Justice he is under to make such a Renunciation
or Relinquishment remised released and for ever quit claim'd and by these Presents
doth remise release and for ever quit claim all the Estate Right Title Interest
Claim and Demand whatsoever of him thesaid Edward Byam of in to or out of the
said Tract or Parcel of Land together with the Mansion or Dwelling House Out offices
and all and singular other the Buildings thereon call'd Mathew Place
And the said Thomas Ottley and Edward Byam do hereby for themselves and

their

485

Their respective Heirs Executors and Administrators respectively covenant
to and with the said Joseph Beete his Heirs and A∫signs That the said Sir Ashton
Warner Byam was at the Time of his Death seized of an absolute Estate of
Inheritance in Fee Simple of and in the said Tract or Parcel of Land Tenements
Hereditaments and Premises And That they the said Thomas Ottley and
Edward Byam have not nor have either of them since the Death of the said Sir
Ashton Warner Byam done any Act whatsoever to charge encumber or affect the
said Tract or Parcel of Land Tenements Hereditaments and Premises and shall
and will Warrant and for ever defend the same unto the said Joseph Beete his
Heirs and A∫signs against them the said Thomas Ottley and Edward Byam
and against the said George Weatherill Ottley Drury Ottley and Richard Ottley
and against all and every Person and Persons whomsoever claiming or who may
claim by from or under them the said Thomas Ottley and Edward Byam or either
of them or buy from or under the said George Weatherill Ottley Drury Ottley and
Richard Ottley their Heirs and A∫signs or any of them And That the said Joseph
Beete his Heirs and A∫signs and may from henceforth for ever hereafter
peaceably and quietly enter into have hold po∫se∫s and enjoy the said Tract or
Parcel of Land Tenements Hereditaments and Premises hereby granted and released
with their and every of their Appurtenances without any Molestation Interruption
Disturbance or Denial of them the said Thomas Ottley and Edward Byam or
either of them or of the said George Weatherill Ottley Drury Ottley and Richard Ottley
their Heirs and A∫signs or any of them or any other Person or Persons whomsoever And
that free and clear and freely and clearly acquitted exonerated and discharged of and
from all and all Manner of Uses Trusts Gifts Grants Bargains Sales Feoffments
Leases and Releases Mortgages Fines Forfeitures Rents Arrears of Rent Executions
Judgments Decrees Verdicts Suits Rights Titles Claims Demands Charges and
Incumbrances whatsoever And further That they the said Thomas Ottley and
Edward Byam and the said George Weatherill Ottley Drury Ottley and Richard Ottley
their Heirs and A∫signs and all and every Person and Persons whomsoever having or lawfully
claiming or who at any time or times hereafter shall or may have or lawfully claim
any Estate Right Title or Interest of in to or out of the said Tract or Parcel of Land
Tenements Hereditaments and Premises hereby granted and released or mention'd or
intended so to be shall and will from Time to Time and at all Times hereafter upon

the

486

The reasonable Request and at the Costs and Charges in the Law of the
said Joseph Beete his Heirs or A∫signs make do and execute ^ or can or procure to be
made done and executed all and every such further and other lawful and
reasonable Act and Acts Thing and Things Conveyances and A∫surances in the
Law whatsoever for the further better more perfect and absolute granting or
conveying and A∫suring the said Tract or Parcel of Land Tenements Hereditaments
and Premises with their and every of their Appurtenances unto the said Joseph
Beete his Heirs and A∫signs to the only proper Use and Behoof the said Joseph
Beete his Heirs and A∫signs for ever as by the said Joseph Beete his Heirs or A∫signs or
his or their Counsel learned in the Law shall or may be devised advised or required
In Witne∫s whereof the respective Parties to these Presents have hereunto set their
respective Hands and Seals the day and Year first above written.

Thomas Ottley (LS) Edward Byam (LS)
by his Attorney by his Attorney
Thomas Turner Wise W. Arnold
Thomas Turner Wise

Sign'd Seal’d and deliver’d In the Presence of

J. S. Fredrickson Jr. Wm. Smith.

Received on the Day of the Date of these Presents the Considerations within mentioned
to be paid to us respectively (that is to say) the full Consideration of two thousand
Pounds Current Money of Grenada by me Thomas Ottley Father and Natural
Guardian of the within named George Weatherill Ottley Drury Ottley and Richard
Ottley and the Consideration of ten shillings by me Edward Byam eldest Brother of
the within named Sir Ashton Warner Byam deceased We say received by us
respectively as aforesaid

Thomas Ottley by his Attorney
Thomas Turner Wise
Edward by his Attornies
W. Arnold
Thomas Turner Wise
Witne∫s
J.S. Fredrickson Jr.
Wm. Smith

Grenada Before the Honorable Thomas Bridgwater Esquire Chief Judge
of the Court of Common Pleas for the said Island and its
Dependencies established

Personally

487

Personally appeared John Simon Fredrickson Junior of the Town
of Saint George in the Island of Grenada Gentleman one of the subscribing Witne∫ses
to the within Indenture of Release and also to the Lease thereto leading, who being
duly sworn on the Holy Evangelists of Almighty God maketh Oath and saith That
he was present together with William Smith the other subscribing Witne∫s to the
said Indentures and did see Thomas Turner Wise sign seal execute and deliver
the said Indentures or selectively as the Attorney in the Name of and as and for
the free and voluntary Act and Deed of Thomas Ottley one of the Parties to the said
Indentures And that he did also see William Arnold Esquire and the said
Thomas Turner Wise sign seal execute and deliver the said Indentures as the
Attornies in the Name of and as for the free and Voluntary Act and Deed of
Edward Byam the other Party the said Indentures And that he also saw the said
Thomas Turner Wise as the Attorney of the said Thomas Ottley and also one of the
Attornies of the said Edward Byam And the said William Arnold as the other
Attorney of the said Edward Byam sign the Receipt for the Consideration Money
mentioned in the within Indenture of Release and the Deponent further saith that
in Testimony of such Execution he this Deponent and the said William Smith
described their Names as Witne∫ses to the said Indentures respectively
Sworn to before this 20th day of June 1 799

J. S. Fredrickson Jr.
Thomas Bridgwater

Item 1 is now finished. On to Item 2. The first Indenture includes the name Benjamin d’Harriette Smith. Stay tuned.

Enjoy,

Jim

Click here to continue reading...