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INDENTURE DAVID GRANT ET UX. TO RICHIE, DONALDSON, AND HIBBERT

JAMAICA SS.
THIS INDENTURE made first April in the year 1799. Between David Grant of the parish of Kingston in the County of Surry in the said Island Esquire and Ann his wife Of The First Part. A Richie of the said Parish of Kingston Gentleman of The Second Part. Robert Donaldson of the same Parish of Kingston Esquire Of the Third Part and Robert Hibbert also of the same Parish of Kingston Esquire Of The Fourth Part.
Whereas in and by a certain indenture bearing date the first day before the day of the date hereof and made or mentioned to be made by and between the said David Grant and Ann his wife of the One Part and the said A Richie, of the other Part. All and every the Parts and dates purpose and Properties of them of and in the several Premises and slaves hereinafter more particularly mentioned and describes and intents to be hereby granted and conveyed and all and every the Plantations premises and slaves hereinafter also more particularly mentioned and described and intended to be hereby also granted and conveyed were by the said David Grant and Ann his wife granted and conveyed unto the said A Richie his heirs and assigns to hold such parts of acres purposes Proportions thereof as were of the nature of an Estate of freehold or inheritance with their and every of their rights and appertaining unto the said A Richie his heirs and assigns the use of the said A Richie and of them the said David Grant and Ann his wife and their heirs said to hold such parts thereof as were of the nature of a chattel interest or Personal Estate until the said A Ritchie and the said David Grant and his wife Ann their executors administrators and assigns to the intent and for the Purposes that they the said David Grant his wife and the said A Richie might be seized of the indenture improvements of the said lands herewith slaves and Premises in fee simple and proportions of the Personal estate and might be thereby qualified to settle conveyance assured the same respectively to the several uses upon the trusts and to and for the several intents and purposes mentioned expressed and declared of and conveyancing the same in and by a certain indenture of Conveyance of four Parts then already prepared and intended to be this the executed or as soon as might be after the Executor of these Presents, now in receipt all and to be made between the said David Grant and Ann his wife of the first part the said A Richie of the second part Robert Donaldson of the 3rd Part of Kingston in the Island of Jamaica Esquires of the 3rd part and Robt. Hibbert of the same parish Esquire of the 4th Part meaning of intending this Present Indenture
THEREFOR THIS INDENTURE WITNESSETH that for the settling conveyancing and assuring the several Premises and slaves hereinafter mentioned and not their right members and appertaining to the several uses upon the trusts and to and for the instants and Purposes hereinafter limited or prepaid and declared of and concerning the same and for making Provision for the said Ann Grant and the child or Children of the marriage between them the said David Grant and those Ann his wife said also for and in consideration of the sum of 10/ current money of Jamaica to them the said David Grant and Ann his wife and the A Richie on hand at or immediately before the said calling and at delivery of these Presents well and truly paid by the said Robert Donaldson the receipts whereof is hereby acknowledged he the said A Richie at the request and by the direction of the said David Grant and Ann his wife testified by their being Parties to and sealing and delivery these Presents hath granted.
Also they the said David Grant and Ann his wife HAVE and each of them hath granted bequested so to attenuate remortgaged released assigned conveyed these presents and by these presents DO and each of them DOTH grant and confirm the said Robert Donaldson his heirs Executors Administrators and assigns ALL that moiety² or equal half part and undivided of and in all that Plantation or Sugar Works situated lying and being in the Parish of Portland in the Island of Jamaica commonly called and known by the name of Spring Garden Plantation late the property used in the tenure of John Hitchman the elder deceased of whatever quantity of land consisting and butting and bounding and all lands whatsoever to the said Plantation or Sugar Works called Spring Garden belonging or in otherwise appertaining belonging or in otherwise appertaining or used with the same or held deemed taken or known as part or Parcel thereof and of and all dwelling houses mills Mill houses Boiling houses curing houses, still houses, negro houses and all other erections and buildings erected or being upon or belonging to the said Premises and of and in all ways paths passages either of woods trees Timber thus and of in all coppers stills worms, worm tubbs, cadly skimming pots- drops and other Plantation utensils and implements of Planting whatsoever and the goods Chattles and things to the said Plantation belonging or in any way appertaining with or in all any of the Negro and other slaves upon and belonging to the said Plantation and of use in the present and future issue of the females of the new slaves and of and in all and every the horned Cattle, horses mares mules and other great or small stock wrought on or belonging unto said the inclusions and exclusions remain want remaining said issues services and Profits of and in the moiety of all and every the said Premises. and Slaves and also the Estate right ... Interest use Trust Possession - Property Benefit Inheritance Claim and Clamant whatsoever of them the said David Grant and Ann his wife and the said or any or either of them or any Person or Persons in trust for them or and or either of them of in or to the said moiety or equal half part undivided of and in the Premises and slaves or any part thereof TO HAVE and TO HOLD the one and full moiety or equal half part and undivided share of and in the said Plantation or Sugar work except Spring Garden and of and on all lanes thereto belonging or appertaining and of and in the said Slaves Plantation utensils Goods Chattles and Stock and of and in the future and increase of the females of the said slaves hereby granted release and conveyed or all such Parts thereof as are of the nature of a freehold Estate or any Estate inheritance with their and every of their appertaining unto the said Robert Donaldson and his heirs and to HAVE AND TO HOLD SUCH PARTS OF THE SAID Premises. hereby granted and release or entered so to be as all of the nature of a chattle  Intent or Personal Estate unto the said Robert Donaldson his Executors Administrators assigns to the several uses upon the several trusts and to and for the intents and purposes and undertakings subject to the several Powers and stipulations or agreements hereinafter expected or declared of or concerning the sum THAT is to day to the use and behest of the said David Grant and Ann his wife and their assigns for and during the term of their joint natural lives without impeachment of or for any manner of waste and from and immediately after determination of that Estate in the joint life times of them the said David Grant and Ann his wife to the use of the said Robert Donaldson and his heirs during the joint natural lives of them the said David Grant and Ann his wife in Trust to support and preserve the Contingent Risks and Estates hereinafter limited thereof from being despatched or destroyed and for that purpose to make entities and bring actions as occasion shall or may require thereof from being defeated and destroyed and for that purpose to make entries and bring Actions as occasion shall or may require
BUT NEVER THE LESS to permit and suffice the said David Grant and Ann his Wife and their assigns during their joint natural lives to receive and to take the Rents issues profits of the said moiety or equal half part and undivided of and in the said premises to their own use and from and immediately after the decease of the said David Grant if the said Ann his wife shall survive him to the use and behalf of the said Ann Grant and her assigns during the term of her natural life without impeachment of or for any manner of waste as and for and in the nature of a Jointure and in secondly paid and in full satisfaction of her Dower and thirdly at [       ] law with the said Ann Grant right to or could claim out of all or any of the lands slaves here [       ] and premises of the said David Grant
And from and immediately after the determination of that Estate in her lifetime by forfeiture or otherwise to the case of the said Robert Donaldson and his assigns during the life of the said Ann Grant in Trust to support and preserve the Contingent uses and Estates thereinafter limited thereof from being defeated or destroyed and for that purpose to make entries and bring action as the case shall or may require
BUT NEVERTHELESS to permit and suffice the said Ann Grant and his assigns during her natural lifetime to receive and take the rents issue and profits of the said moiety or equal half part undivided in the said Premises and slaves to her own use as and for in the nature of indenture and in lieu and in full satisfaction of her delivery and at law which she the said Ann Grant claim or could claim out of all or any the lands slaves Here inasmuch and premises of the said David Grant and from and immediately after the decease of the said Ann Grant to and for the use and behalf of such one child or of all and every such children as he the said David Grant or shall happen to have by the said Ann Grant his wife in such shares or proportions and for such estate or estates and where with or without benefit of survivorship or the accruing interest and also either power of Revocation and limitation of new or other use or uses and under subject to such changes thereof and also to such Provisions limitations or restrictions or otherwise and in such way and manner as the said Ann Grant at ant time or times after the decease of the said David Grant by any Deed or Deeds instrument or instruments in writing to be by her duly executed and attested by her last Will and Testament in writing or any writing as or in the nature of or purporting to be her last Will and Testament duly signed and published shall thus declare limit or appointed and from and immediately after the decease of the said Ann Grant if the said David Grant shall survive her the said moiety or equal half part undivided of and in the said Premises and slaves to the use and benefit of the said David Grant and his assigns during the term of his natural life without impediment of or for any manner of waste and from and immediately after the determination of that Estate in his life time by for effective or otherwise to the use of the said Trustee and his assigns during the life of the said David Grant in Trust to support and preserve the contingencies and Estate hereinafter limited thereof from being defeated or destroyed and for that purpose to make Entails and bring action as the case my require But NEVER THE LESS to permit and support the said David Grant and his assigns during his natural life to receive and take and the rents issues and profits thereof to his or their own and or used and from and immediately after the decease of the said David Grant to the use and benefit of such one child or Children and very such children as he the said David Grant now hath or shall happen to have by the said Ann Grant his wife in such shares and proportions and for such Estate or Estates or interests and either or without benefit of survivorship or there bring Estate or interest also either with or without power of Revocation and limitation of one or other use and uses and use subject to such charges thereon and also to such provisions limitations and restrictions or otherwise and in such way or manner as the said David Grant at anytime or times during his life time by any deed or deeds instrument or instruments in writing to be by him duly executed and avowed or by his last Will and Testament in writing or any writing as or in the nature of or purporting to be his last Will and Testament duly signed and published shall declare direct limit or appoint upon trust to cultivate and improve the said undivided moiety of and in the said Premises and Slaves and to take and receive the Rents of them and profits thereof to and for the use and benefit of such Child or all and every or and such Children as to the said David Grant hath or shall happen to have by the and Ann his wife in equal shares and proportions and the heirs of the Body or Bodies of such Child or Children lawful living and in case there shall be two or more such Children as to the said David Grant hath or shall happen to have by the said Ann his wife in equal shares and proportions and the heirs of the Body or Bodies of such Child or Children lawfully living and in case there shall be two or more such children and any of them shall happen to die without issue of his her or their body or bodies then as to the share or shares of him her of them so dying to the use of the survivor or survivors or their of other of such children in equal shares or proportions
And after the full cultivation and improvements of the said Premises and undivided moiety of the said premises or of such other time as the said Robert Donaldson his heirs or assigns shall or may think fit and proper at his and their discretion upon trust to all and dispose of the said undivided moiety of and in the said premises and slaves and of and in the issue and increase of the females of such slaves and of and in all and every the premises aforesaid with all and each of them appertaining for the best price and most money that can be had and get therefore until any person or persons that shall be willing to become the Purchaser or Purchasers thereof and the Negros to arise by such sale to payout and moiety in some or one of the public funds or on Real Security in Great Britain or America and the interest to arise thereof to be regularly paid and applied to and for the use and benefit of all and everyone of the Child or Children of the said David Grant by the said Ann his wife in equal shares or proportions and the heirs of the body or bodies of such child or children respectively issuing and in case those shall be two or more of such children and any of them shall happen to die without issue of his or her or their body or bodies then as to the share or shares of him her of them so dying to the use of the survivor or survivors of such children in equal shares and proportions and the heirs of his her or their body or bodies respectively issuing
And upon any one or more of such child or children a son or being sons having finished and completed their or his Education and interested or being about to enter such professional or other Business as he or they shall or may intend to follow except the occupation be the Army or Navy UPON TRUST that then the Principal of the share and or proportions of him to them in and to the Capital of Stock so invested shall be paid and applied to him or them or his of their order with all arrears of interest thereon
And in case any or more of such child or children being a son or Sons and he or they intend to follow a profession in the Army or the Navy a reasonable part of his or their share or portion in and to the said capital or Stock be retained and from time to time applied in or towards the purchase of Promotion and Rank in his or their profit and the residue thereof shall be kept and applied to and for his or their use upon entering into such professions
And upon or from [      ] after the day or days of marriage of any one or more such child or children being a daughter or daughters her or their part share or proportions of the interest of the said investment or Capital of funds to be paid and applied unto her or their one purposes and her or their own receipt or receipts or orders for the same only from time to time without any manner of conduct and or interference if from only her or their husband or husbands and from and immediately after her or their decease leaving issue of her or there body or bodies to the care and behest of such issue if more than one equally shared and share alike but if only one of them and behalf of such one Child forever
But in case of her or their decease without leaving issue, but having her of their husband or husbands surviving the said interest to be paid and take to and for the use of each husband or husbands respectively during his or their natural life or lives
PROVIDED ALWAYS and it is hereby declared and agreed by and between all the said parties to these Presents that in any case and so often as any such Child or Children being a Daughter or being Daughters shall happen to die unmarried and without issue or shall happen to die married leaving issue and a husband or husbands her or them surviving but such issue shall fail before attaining the age of twenty one years or day or days of Marriage that upon and from an immediately after the death of such Daughter or Daughters unmarried and without issue or leaving issue or a husband or husbands her or them surviving upon the failure of such issue and the death of her husband or husbands the Part shares or proportions of such Daughter or Daughters in and to the interest after they with the said Capital or stock the share or proportions of her of their shall go to and be and remain for the use and benefit of the survivors or survivors of such Children of the said David Grant by the said Ann his wife in equal shares and proportions in the same manner as is herein below limited to respect of the interest or share of any such Children happening to die without issue of his her or their body or bodies PROVIDED ALWAYS and it is hereby further agreed and declared by and between the said parties that it shall and may be lawful to and for the said Robert Donaldson his heirs Executors or Attorney at any time or times hereinafter by and with the consent or approbation of the said David Grant and Ann his wife or of the survivor of them testifies in writing under their him or her hand or hands to make sale and dispose of the said undivided moiety of and in the said Premises and Slaves and all other of the Premises hereby granted and released or intended so to be with the appendanncy [sic] unto any person or persons the Purchaser or Purchasers thereof at or from the best price or prices that can or may be reasonably had for the same and for that and purpose it shall and may be lawful to and for the said David Grant and Ann his wife jointly or the survivor of them separately by any Deed or instrument in writing duly executed to revoke or make void the uses Estates Trusts and limitations hereinbefore limited and declared of or concurring the same Premises and Slaves so to be sold and disposed of and to limit such new or other sale had taken place or as near there to as may be and the Rules of Law will admit
And it is likewise hereby Declared that by and by and with such consent and approbation aforesaid it shall and may be lawful to and for the said Robert Donaldson his Executors and Administrators to be call in the said Trust monies and to place out the same again at interest or real or other securities of life nature and so from time to time as there shall or may be occasioned and that the interest dividends or produce thereof shall be had renewed or taken by the person or persons who for the time being would have been entitles to the rents and profits of the Premises so to be sold
in the case the same had not been sold AND FURTHER that the receipt or receipts of the said Robert Donaldson his Executors and Administrators for what shall be actually paid to him or them on account of the purchases money for the Premises so to be sold shall be a good discharge for the same and that the Person or Persons by whom or on whose behalf the same shall be so said shall be accountable for any application, now or misapplication thereof of any part there AND ALSO that it shall and may be lawful to and for the said Trustees his Executors or Administrators by and out of the said Trust Premises or Trust Monies or the Rents Interest or Produce there of to deducted and retain for themselves or themselves all the cash charges attains and Expenses which he or they shall or may pay bear or be put into for or by was on or on account of the said Trust hereby in him and then reposed or in the defence or Execution thereof in any AND LIKEWISE that the said Trustee his heirs executors and Administrators shall not be Charged or Chargeable with or accountable for any more of the said trust monies or of the interest thereof or of the Trusts and profits of the said Trust other than he or they shall actually receive or shall come to his or their respective hands and received by [    ] thereof Nor with or for any loss or damage which shall or may happen so as that such loss or damage shall or may happen without his or their wilful default PROVIDED ALSO ant it is hereby further declared to be the true intent and meaning of the Parties hereto and of these Presents that it shall and may be Lawful to and for the said David Grant and Ann his wife at any time or times during their joint lives by any Deed or Nuling Deeds or Writings under their hands and seals duly executed testified to alter or change revoke and make now all and is any or any or any part of using of the such Estate Trusts and limitations herein before limited created and declared or intended so to be of and in the said undivided Moiety of and in the said Premises and Slaves and the Premises hereby or intended to be hereby granted and conveyed and by the same or by any other deed or deeds just [    ] in writing to limit create make and declare new or other uses Estates and limitations therein of such nature limitation or extant in favour of themselves or either of them or of others and for such intents and purposes as they shall think proper at their wish or pleasure
AND THIS INDENTURE FURTHER WITNESSETH that it and for the intents and further purposes aforesaid and for and in consideration of the sum of ____ Jamaican current money of Jamaica to the said David Grant and Ann his wife and the said [        ] is paid and or immediately before the ensealing and delivery of these presents with and truly paid by the said Robert Hibbert the receipt whereof is hereby acknowledged may he the said [       ] at the request and by the direction of the said David Grant and Ann his wife testified by their being parties to and sealing and delivering these Presents hath granted bargained sold alienated released assigned conveyed and assured and by these presents doth grant unto the said David Grant and Ann his wife have and each of them also granted bargained sold alienated released assigned conveyed and assured and these Presents do and each of them doth grant and each unto the said Robert Hibbert his heirs executors and administrators and all that the remaining one full third part undivided of them the said David Grant and Ann his wife of and in all that Plantation or Sugar Work aforesaid called Spring Garden and the lands or parcels of land belonging or in otherwise appertaining or used to or with the same or any part thereof and to and in all houses erections and buildings upon or belonging to the said Premises and slaves purports and Premises of the said David Grant and Ann his wife and of and in all utensils and implements of manufacture and the goods appertaining and things upon or belonging to the said plantation and of and in all negro and other slaves likewise upon or belonging to the said Plantation and the issue of the females of them and all other parts shares purports propositions and undivided or otherwise of them the said David Grant and Ann his wife as either of them or in to all the Plantation tracts pieces or parcels of land slaves ___________ and premises and the residue Estate of the said John Hitchman the Elder deceased with the issue and increase of the females of such other slaves and also the Coffee Plantation aforesaid called Friendship Hall and all the Plantations tracts pieces or parcel of land have undermentioned and pieces of them the said David Grant and Ann his wife or either of them in the such island due and except the Moiety or half part of the dwelling house lands and premises thereto belonging in the Town and Parish of Kingston within the said Island wherein the said David Grant and Ann his wife at present reside and all houses and erections said sugar works and buildings thereon or built thereon and all ways and rights easements profits privileges emoluments rights members and appertained to all or any of the said last deceased and [     ] hereby or intend to hereby granted and released premises belonging or in otherwise appertaining or accepted reputed deemed taken or known as part parcel or parcels thereof or of any part thereof And all staves upon or belonging to the said Plantation called Friendship Hall and otherwise shall the said last mentioned Plantation tract pieces or parcel of land or lands or any of them together with the future issue of the females of such slaves and all Plantation utensils and implements of planting Great and small Stock upon or belonging to the said Premises now hereby or intended to be now hereby granted and released and the revision and revisions remainder and tenancies rents issues services and profits of all and every of the full 3rd part of the Plantation Premises called Spring Garden and the slaves thereon and all and every other of the Premises slaves and Propositions of and in the said Plantation tracts pieces or parcels of land slaves herein tenements and premises that the Residency Estate of the said John Hitchman the Elder deceased and of the said Plantation called Friendship Hall and the slaves thereon and of all the said Plantation tracts Piece or Parcels of lands slaves hereto belonging and Premises And all the Estate Right interest use trust possession Property inheritance Benefit claim and demand wheresoever of them then the said David Grant and Ann his wife or them of them or of any Person Persons in trust for them or either of them of in or to the said last mentioned and now hereby or intended to be now hereby Conveyed and released Premises and slaves any Part thereof and all deeds Estates TO HAVE and TO HOLD the said one full third part undivided of the said Plantation or Sugar Work called Spring Garden and the lands thereunto belonging and one full third part and all other part shares purports and proportions of and in the slaves therein for being and thereinto belonging and all and every other the third Parts shares and Proportions of and in the said the Plantation Tracts Pieces or Parcels of land slaves herein utensils and Premises which were to the Property of aforesaid John Hitchman the Elder deceased and also the said Coffee Plantation called Friendship and all lands thereto belonging with the slaves thereon and the future issue of the females of them and all the said other plantation Tracts Pieces or Parcels of land Hereinto and slaves and all and singular either the said last mentioned Premises now hereby or intended to be now hereby Granted and released or all such parts thereof and are of the nature of freehold and inheritances with there and very of their approbancy unto the said Robert Hibbert his heirs and assigns And to have and to Hold such Parts of the Said now hereby or intended to be now hereby granted and released Premises as are of the nature of a Chattle interest or of a Personal Estate unto the said Robert Hibbert his Executors Administrators and assigns to the several use upon the several Trusts and to and for the Ends intents and purposes and under and subject to the several powers stipulations or agreement hereunto after Expressed and declared of a concerning the same that is to say by and with the direction consent or approbation of the said David Grant testified in writing under his hand to make sale and dispose of all or any Part of the Said last mentioned and now hereby granted or intended to be hereby now granted and released premises that is or are detached from and the cultivation with or used as part of the said Plantations called Spring Garden and the said Plantation called Friendship Hall with the approbancies in the whole or in Parcels unto any Person or Persons that shall be willing to become purchaser or Purchasers thereof at of for the Best price or Prices that can or may be reasonably had or got for the same and the money to arise from such sale or sales hereinupon or soon after or reasonably shall be directed by the said David Grant said Slaves and Stock upon and to go along to the said Plantations called Spring Garden and Friendship Hall or whichever of them are or invested in the purchase of Or otherwise in the improvements and cultivation or in the discharge of any encumbrances affecting the said Plantation or either of them or otherwise however at the discretion of the Said David Grant And in the mean time and until such sale or sales can or may be had or effected as to the whole of the said last mentioned Premises of slaves aforesaid now hereby or intended so to be now hereby granted and released IN TRUST and to and for the use and behest of the Said David Grant and his assigns forever during the term of his natural life without impeachment or for any manner of waste and paid immediately after the determination of that Estate by forfeiture or otherwise in the life time of the said David Grant to the use of the said Robert Hibbert and his heirs during the natural life of the Said David Grant in trust to preserve and support the Contingent use and Estates hereinafter limited thereof from being defeated or destroyed and for that purpose to make Entries and bring Action as occasions may require
BUT NEVERTHELESS to permit and suffice the said David Grant and his assigns during the natural life of the said David Grant to receive and take the Rents issues and Profits thereof and to his and their own use or uses and from and immediately after the decease of the said David Grant to the use and behest of the Said Ann Grant the wife of the said David Grant if she shall happen to survive him and of such one Child of all and every or any such Children of he the said David Grant hath or shall happen to have by the said Ann his wife in such Estate or Estates or interests and either with or without benefit of survivorship or there other accruing Estate or interest And Also either with or without Power of Revocation and limitation of new or other use or uses and under and subject to such changes thereon and also to such provisions limited also or restricting or otherwise and in such manner as the Said David Grant of any time or times during his life or by any deed or deeds instrument or instruments in writing to be by him duly executed and attested or by his last will and testament in writing or writings as or in the nature of or purporting to be his last Will and Testament and to be duly signed and published shall declare directed limited or appointed and for
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Want of such direction limitation or appointment as to all or any part of the said last mentioned and now hereby or intended to be hereby conveyed and released Premises and Slaves or in case of an incomplete direction or appointment with respect to the whole of the Estate or interest therein or in any part thereof then as for and concerning the same or that pert thereof where of no such direction limitation or appointment shall be made as aforesaid or as to which an incomplete direction or appointment shall be made as and when the several uses or estates thereby limited or created shall respectively and or determine UPON TRUST to make sale and to this premises of all and or any Part of the said last mentioned and now hereby or instructed to be hereby granted and released Premises that is or are detached from and not cultivated with or use or uses as part of the said Plantation called Spring Garden and Friendship Hall with the appertaining and remaining unsold and first of at the time of the decease of the said David Grant in the whole or in Parcels unto any person or persons shall be willing to become the Purchaser or Purchasers of or for the best price or prices that each or may be reasonably had or got for the premises and the money to arise by or from such sale or sales as soon after received or reasonably may be to be paid and applied by the said Robert Hibbert his executors or Administrators for and towards the discharge and payment of all and every of the debts contracts and engagements of the said David Grant and of all debts which shall be charged upon or incumbrances affecting the said Plantations called Spring garden and Friendship Hall or either of them and the residue or remainder thereof to be paid out and invested in the Purchase or slaves and Stock for and to go along with the said Plantations as either of them otherwise in the Cultivation and improvements of the said Plantations or either of them
AND UPON THIS FURTHER TRUST to cultivate and improve the said one third part and undivided of moiety the said Plantation called Spring Garden and Cultivate and improve the said Plantation called Friendship Hall and to take and receive the rents issues and purports therein respectively to and for the use and interest of such an Child or all and every or any such Children as he the said David Grant hath or shall happen to have by the said Ann his Wife in equal shares and proportions and the heirs of the Executors or Administrators of such Child or Children respectively issued and in the case there shall be two or more such Children and any of them shall happen to die without issue of his or her or their Body or Bodies to the use of the survivor or survivors of them in equal shares and proportions and after the said Cultivation and Improvements of the said third part undivided of the said Plantation called Spring Garden and of the Plantation called Friendship Hall or of such other time as the said Robert Hibbert his heirs and assigns shall or mat think fit at his or their direction UPON TRUST to make sale and dispose of all or any part of the said last mentioned Premises with the Slaves thereon together or separately in the whole or in parcels to any person or persons willing to become the purchaser or purchasers thereof at or for the best price or prices that can or maybe reasonably had for the same
And the monies to arise by or from such sale or sales and as soon after as the same shall or may be from time to time received as reasonably may be to pay out and invest in some or and one of the Public funds or in Real Security in Great Britain or America and at interest, and the interest Dividend or Profits to be from time to time received or to arise there from to be regularly paid and applied for the use and behest of all and every the Child or Children of the said David Grant by the said Ann his wife in equal shares or proportions and the heirs of the body or bodies of each Child or Children respectively issuing and in case there shall be two or more such Children and any of them, shall happen to die without issue of his her or their Body Bodies then as the share or shares of him or her so dying to the use of the survivor or survivors of them and equal shares or proportions and the issue of his of their body or bodies respectively issuing
AND any one or more of such child or children being a son or sons upon his or their having finished and completed his or their education and interested in being about to enter into such profession or other business as he they shall or may intend to follow except the same to be the Army or Navy UPON THIS that the principal of the share part or proportion of him or them and to the Capital or Stock so invested as afore said shall be paid and applied to him of their of his or their order with all arrears of the Interest thereof
and in case that such a son or sons shall intend to follow as a profession the Army or Navy a reasonable PART of his or their share or proportion in and to the said Capital or Stock shall be returned and from time to time applied in or towards the purchases of Promotion and the residue thereof shall be paid and applied to and for his or their use upon entering into such profession
And any one or more of such Child or Children being a Daughter or Daughters upon and from and immediately after her or their day or days of Marriage her or their part share or proportions of the interest divided or proportion of the said last mentioned or invested fund from time to time be paid and applied unto her or their own hands and upon her of their own orders or receipts for the same only without any manner of control or interference of from by her their husband or husbands
And from and immediately after her or their decease having issue of her or their body or bodies to the use and behest of such issue in more than one equally share and share alike, but if any one of the use and behest of such a Child for ever
But in case of here or their decease without leaving any such issue but leaving here or their husband or husbands surviving here or their share or proportions of the said last mentioned interest dividend or produce to be paid and to be for the use of such husband or husbands respectively during his or their natural life of lives only
PROVIDED ALWAYS and it is hereby declared and agreed that in any case and so often as any such Child or Children being a Daughter or Daughters shall happen to die leaving issue or a husband or husbands her or their surviving but such issue shall fail before attaining the age of 21 years or day or days of marriage that upon or upon the decease of such husband or husbands the part share of proportion of such Daughter or Daughters in and to the said last mentioned Premises shall go to and be and remain to the use and behest of the survivors or survivors of such Child of the said David Grant by the said Ann his wife in equal shares and proportions in the same manner as hereinbefore last limited in respect for the interest or share of any such Children happening die without issue of his or their body or bodies
[End of section that was possibly deleted]
PROVIDED ALSO ALWAYS and to is hereby declared and agreed by and between the said Parties hereto that it shall and may by lawful to and for the said Robert Hibbert is heirs Executors or Administrators at any time or times hereafter by and with the said David Grant testified in writing under his hand to make sale and dispose of and in the said Plantation called Spring Garden and of the slaves thereon and of the Plantation called Friendship Hall and of the slaves likewise thereon
All or any of the, or any part of any of them unto any Person or persons who shall become the Purchaser or purchasers at or for the best price that can or may be reasonably had for the same and for that end and purpose it shall and may be lawful to and for the said David Grant by any deed or instrument in writing duly executed to work or make void the uses Estate Trusts and Limitations hereunder last limited and declared of or concurring the same last mentioned Premises and slaves so to be sold and disposed of and to limit such now or other use or uses with respect there to for the purposes of carrying such sale or sales unto Execution as shall be reasonably or necessary
AND IT IS HEREBY FURTHER AGREED and DECLARED by and between the three Parties hereto that the money to arise by or from such sale or sales shall be paid to the said Robert Hibbert his Executors and Administrators and thereupon or soon there after as conveniently may be shall be paid out and or invested in some or one of the Public Funds or on Government or Real security or securities at interest in Great Britain or America to be settles to for and upon the like uses Trusts intents and purposes as the said last mentioned premises so to be sold would have been subject or liable to if no such sale or sales had taken place or as seen thereto as may be and the Rules of Law will as
AND LIKEWISE by and with such direction consent and approbation of the said David Grant as last aforesaid it shall and may be lawful to and for the said Robert Hibbert his Executors and Administrators to call in the said last mentioned trust monies and again to place the proceeds out at interest on new or other securities of the like or of a different nature and so or from time to time as there shall or may be occasioned and that the interest dividend or produce thereof shall be had received or taken by the Person or persons who for the time being would have been entitled to the Rents and profits of the said last mentioned premises so last mentioned to be sold in case the same had not been sold AND IT IS FURTHER hereby declared that the receipt or receipts of the said Robert Hibbert his Executors or Administrators for that shall be from time to time to him or them actually paid for or on account of the purchase money for the said last mentioned and hereby or intended be now hereby granted released Premises shall be a good discharge for the same and that the person or Persons by whom or in whose behalf the sum shall be paid not be accountable for any application nor a misappropriation thereof on of any part thereof
AND IT IS LIKEWISE hereby declared that it shall and may be lawful to be and for the said Robert Hibbert his Executors and Administrators by and out of the said last mentioned trust premises or Trust monies or the extant interest or produce thereof to deduct and retain for himself or themselves all the cost charges damages and expenses which he or they shall or may pay bear or be put into for or by reason or an account if the said last mentioned Trusts hereby in him or them imposed or in the defence or Execution thereof in anywise
AND IT IS ALSO hereby FURTHER DECLARED that the said Robert Hibbert his heirs Executors and Administrators shall not be charged or chargeable with or accountable for any more of the said Trust and monies of the Rents interest of Produce thereof or of the said Trust premises therein he or they shall actually receive or shall receive to his their hereunder and by virtue thereof not with or for any cost or damage which shall or may happen thereto so as that such cost or damage shall or may happen without his or their wilful default
PROVIDED ALSO and it is hereby further declared and agreed upon by and between the said parties thereto and it is the true intent and meaning thereof that it should and may be lawful to and for the said David Grant at any time or times hereinafter by any deed or deeds in writing or writings under his hand and sealed duly Executed to alter or change revoke or make void all and every or any the use or uses Estate Estates Trust or Trusts Powers and limitations hereinbefore limited made created and declared or intended so to be of and concerning the three last mentioned now hereby or intended to be now hereby conveyed and released Premises and Having or any part or Parcel thereof and by the same or by any other Deed or Deeds Writing or Writings to limit Create made declare and appoint any new or other use or uses estate or Estates Trust or Trusts and limitations herein or in so much and such Part or Parts thereof or whereof or Concerning which such Realisation or Alteration shall be made of such nature Duration or intent in favour of himself the said David Grant or of others and for such intents and purposes as he shall think proper at his will and Pleasure and so from time to time and as often as he the said David Grant shall think fit any thing hereinbefore to the Contrary not withstanding
IN WITNESS

_________________

[Outside sheet]

Grant & Alla
& alus
to
Donaldson
&
Hibbert
Esquires
________ DFT
Reconveyance
To Uses

 [       ] to the within this 29th April 1799 on 6 1/5 sheets impressed Paper with 5 shillings stamp on each sheet by M&R
Richie and Walker Attorneys.

~~~~~~~~~~~~~~~~~~~~~~
1  Source: Archive of Mrs. Betty Harrison transcribed 18 February 2009. The transcription converts abbreviations into full words as far as possible. The Document extant appears to be a draft of a future document but as none exists no one can tell.

Jamaican Family Search Genealogy Research Library