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Appointment Assignment and Releases

Entered 26 January, 1838

£5. 5/- Legal stamp

THIS INDENTUREmade the twentieth day of May in the Seventh Year of the Reign of our Sovereign Lord William the fourth by the Grace of God of the United Kingdom of Great Britain and Ireland King and of Jamaica Lord defender of the faith and so forth. Between Anthony Wilkinson, of The Hole in Howgill in the Parish of Sedburgh in the West Ridings (end of Page 1) of the County of York in that part of the United Kingdom of Great Britain called England, Esquire, and Jane his wife of the one part, and John Clark of the Parish of Manchester in the County of Middlesex in the Island of Jamaica, Esquire, of the other part.

WHEREAS by a certain Indenture bearing the date on or about the sixth day of March One Thousand Eight Hundred and Twenty Eight, and made or expressed to be made between William Robertson Wilkinson herein described as the first part, the said Anthony Wilkinson as the second part, and James Davis herein described as the third part; the lands, apprenticed labourers, their slaves hereditaments and premises, hereafter described and named and intended to be by these presents, appointed, and conveyed, were conveyed and assured, and now stand limited to the use of each person or persons for such Estate or Estates, interest or interests, and to, for, and upon such Testaments and purpose, and with, under, and subject to such powers, provisors, limitations, declarations and agreements, and in such names and forms as to the said Anthony Wilkinson by any deed or deeds, instrument or instruments, in writing with or without power of revocation or new appointment to be by him legally Executed, should from time to time direct, limit, or appoint, and in default of, and until such direction, limitation, and appointment, and as to such part or parts of the said hereditaments and premises of which no complete direction, limitation, or appointment, should be made, or to which such direction limitation or appointment, if incomplete, should not extend to the use of the said Anthony Wilkinson and his assigns during his life without impeachment of waste, and from and after the determination of that Estate, by any means in his lifetime to the use of the said James Davis, his Executors and administrators, during the life of the said Anthony Wilkinson in trust. Nevertheless for the said Anthony Wilkinson and his assigns, and to prevent the then present, or any future wife with whom the said Anthony Wilkinson should happen to marry, from being entitled to Dower, and from and after the determination of the Estate so limited in use to the said James Davis his Executors and administrators to the use and behoof of the heirs and assigns of he said Anthony Wilkinson forever.

AND WHEREAS he the said John Clark hath contracted with the said Anthony Wilkinson for the absolute purchase of the Inheritance in fee simple, in possession of the plantations right to the remainder of the apprenticeship term of the apprenticed labourers, hereditaments, and premises, comprized in the said in part executed Indenture, as also for all and every the "cattle and stock" of every kind and description upon and belonging to the said plantations, at the sum of Three Thousand Five Hundred Pounds Sterling

NOW THIS INDENTURE WITNESSETH that in pursuance and execution of the said Contract, and in consideration of the sum of Three Thousand Five Hundred Pounds Sterling money to the said Anthony Wilkinson in hand, with, and truly paid, by the said John Clark, at or immediately before the sealing and delivery of these presents, the receipt whereof the said Anthony Wilkinson doth hereby acknowledge, and of and from the same, doth fully and absolutely acquit, release, discharge, and exonerate, the said John Clark his heirs Executors and administrators forever, by these presents and in pursuance and execution, and by force and virtue of the power or authority given to him, in or by the said hereinbefore in part executed Indenture, and of all and every other power and powers, authority and authorities, in him vested, or in any wise enabling him in this behalf, he the said Anthony Wilkinson hath directed, limited, and appointed, and by this deed or Instrument in writing by him legally executed doth irrevocably direct, limit, and appoint, that all and singular, the plantations, pieces or parcels of land, tenements and hereditaments hereinafter described, being the hereditaments and premises comprised in the said hereinbefore in part executed Indenture, and hereby subjected to the appointment hereby made, and also the right and interest in, and to, the services of all those apprenticed labourers domiciled upon the said plantation who were Slaves before the passing of the Acts for the Abolition of Slavery, and whose names are numbered in the schedule hereunto annexed, with their and every of their appurtenances shall henceforth go, and be, and remain, unto and to the use and behoof of, the said John Clark his heirs and assigns forever.

AND THIS INDENTURE FURTHER WITNESSETH that for the more perfectly and satisfactorily conveying and assuring the said plantations, pieces or parcels of land, tenements right and interest in and to the services of the apprenticed labourers domiciled thereon, hereditaments and premises, unto and to the use of the said John Clark and his heirs, and for the consideration hereinbefore expressed in the said Anthony Wilkinson hath granted, bargained, sold, aliened and released, and by these presents doth grant, bargain, sell, alien, release, and confirm unto the said John Clark and his heirs all that Coffee Plantation and farm commonly called and known by the name of KENDAL, situate, lying, and being in the Parish of Manchester in the County of Middlesex in the said Island of Jamaica, and consisting of (end of Page 2) two pieces or parcels of land, one of the said pieces of land containing sixty of acres more or less. butting and bounding Northerly and West on Martins Hill Plantation, now or late the property of the Right Honourable the Earl of Balcarres, Easterly and South on the piece or parcel of land first hereinafter mentioned and described, also all that other piece or parcel of land containing four hundred and twenty two acres, one rood and ten perches, butting and bounding North and East, part on Mile Gully Plantation, now or late the property of the heirs of Thomas Henry Barrett deceased, and part on lands now or late belonging to the Right Honourable the Earl of Balcarres, West on Martins Hill Plantation, Dunkeld Plantation hereinafter mentioned and described, and the piece of land hereinbefore mentioned and described, North on Battersea Plantation, or land now or late belonging to the Estate of Joseph Russell, deceased, and on land now or late belonging to the Right Honourable the Earl of Balcarres. Also all the Coffee Plantation or settlement situate, lying, and being, in the said Parish of Manchester and in the Parish of Clarendon or one them, in the said County of Middlesex and Island of Jamaica, commonly called and known by the name of DUNKELD now owning by estimation two hundred and seventy acres of land, more or less butting and bounding North and West by the Grove Place Pen, Northwesterly by Mile Gully Pen, Southerly and Westerly by the Great Leeward road, southerly by Martins Hill farm, and Easterly by Kendal Plantation hereinbefore described. Also all that farm Settlement or plantation situate, lying, and being, at or near Mile Gully in the Parish of Manchester and County of Middlesex, and in the Parish of Saint Elizabeth in the County of Cornwall, or one of them, in the said Island of Jamaica, and containing sixty acres more or less, commonly called and known by the name of FRIENDSHIP, butting and bounding Northly on Martins Hill, Easterly on land now or late belonging to Henry Dawkins Esquire, Southerly on same land, and on land late belonging to John Letts, and Westerly on Martins Hill aforesaid. And also all that other Coffee Plantation or settlement situate, lying, and being in the Parish of Manchester in the County of Middlesex aforesaid in the said Island of Jamaica, commonly called and known by the name of SEDBURGH, containing by estimation two hundred and sixty one acres or thereabouts, now in the quiet and peaceable possession of the said Anthony Wilkinson, with the appurtenances whomsoever otherwise the said plantations, pieces or parcels of land, hereditaments and premesis, ever were, now are, or shall or may hereafter be, butted, bounded, known, distinguished or described, and all houses, out houses, edifices, curing houses, slave houses, structures, fabrics, and buildings, mills, and other utensils and implements of planting, in upon or belonging to, the said plantation, pieces or parcels of land, and premises, or to issue or proceed therefrom, or for and in respect of the same, or any part thereof and all ways, paths, passages, waters, water courses, trees, woods underwoods, commons, and common of pasture, rights, easements, profits, privileges, commodities, emoluments, advantages, hereditaments, rights, members and appurtenances whatsoever to the said plantation, pieces or parcels of land, hereditaments, and premises belonging or in any wise appertaining. or therewith, or to, or with the same of any part thereof usually had held, used, occupied, possessed, or enjoyed, or accepted reputed deceased taken or known as part, parcel, or member thereof, or appurtenant thereto, and also the rights and interest of him the said Anthony Wilkinson, as in and to the services of all those apprenticed labourers domiciled upon the said plantation, who were slaves before the passing of the Acts for the Abolition of Slavery and whose names are mentioned in the Schedule hereunto annexed, for and during the residue and remainder of the apprenticeship term yet to come and unassured, and the reversion and reversions, remainder and remainders, of and in the said lands, hereditaments, apprenticeship term, and premises, and the rents, issues, and profits, to arise or become payable, for or in respect of the same, and all the Estate right, titles, interest, use, trust, property possession, possibility claim, and demand whatsoever, both at law and in equity of him the said Anthony Wilkinson in to, out of, upon or respecting, the said hereditaments and premises or any of them, TO HAVE AND TO HOLD the said plantations, pieces or parcels of land, services of the apprenticed labourers, hereditaments, and premises hereby granted and released, and limited and appointed, or mentioned or intended so to be, with their an every of their rights, members and appurtenances, unto and for the use and behoof of the said John Clark his heirs and assigns forever, and this Indenture further witnesseth, that for the consideration hereinbefore expressed in the said Anthony Wilkinson hath granted, bargained, (end of Page 3) sold, assigned, transferred, and set over, and by these presents doth grant, bargain, sell, assign, transfer, and set over, unto the said John Clark his Executors administrators and assigns, all horses, mules, asses, cattle and stock of every sort and description, upon or belonging to the said plantations, pieces or parcels of land, and premises, TO HAVE AND TO HOLD the same, unto the said John Clark, his Executors, administrators, and assigns, as and for his and their own proper good and chattels and the said Anthony Wilkinson for himself his heirs Executors and administrators doth hereby covenant, grant, declare, and agree, with and to the said John Clark his heirs and assigns in the manner following, that is to say that for, and notwithstanding, any act, deed, matter, or thing, whatsoever at any time heretofore made, done, executed, occasioned, suffered or omitted by him, the said Anthony Wilkinson, on the power of authority so given or bestowed to him, were by the said hereinbefore in part executed Indenture, is at the time of the sealing and delivery of these presents, in full force and effect, and has not at any time heretofore been revoked, annulled, extinguished, suspended, or otherwise become void or voidable, and also that for and notwithstanding any such act, deed, matter or thing as aforesaid to the said Anthony Wilkinson, now hath in himself full power, and lawful and absolute right and title, to limit, and appoint, and to grant, bargain, sell, release and confirm, all and singular, the said hereditaments, and premises, and the use, possession, reversion ,and inheritance thereof unto, and to and for, the use and behoof of the said John Clark his heirs and assigns in the manner aforesaid, and according to the true intent and meaning of these presents, and further that the said John Clark, his heirs or assigns, shall or lawfully may immediately upon the sealing and delivery of these presents, and at all times thereafter, enter into and upon, and hold, possess and occupy, all and singular, the same hereditaments and premises with they and every of their respective rights members and appurtenances, and become and retain the trusts, issues, profits, and proceeds thereof, without any measure of hindrance, interruption, disturbance, claim or demand, whatsoever, by or from the said Anthony Wilkinson or his heirs, or any person or persons now or hereafter rightfully claiming, or having any Estate right, title, charge, or interest at law, or in equity into, out of, upon or concerning the said hereditaments and premises, or any of them or any part thereof or from --- under or in trust for him, these or any of these, and that free and clear, and duly and clearly and absolutely discharged, and exonerated, or effectually defended --- and indemnified, of, from, and against, all former and other Estates rights, titles, interests, leans, charges and incumbrances, whatsoever, which at any time or times heretofore have been, or which at any time hereafter shall or may be, made, created, executed, committed, occasioned, or suffered, by the said Anthony Wilkinson or any other person or persons now or hereafter rightfully claiming, or having title to claim, any Estate right title or interest, either at law or in equity, from, through, under, or in trust for him, them, or any of them, or by or through his, their, or any or either of their acts, defaults, means, consent or --- and moreover that he the said Anthony Wilkinson and his heirs, and all and every persons and person now or at any time after, rightfully claiming or having any estate right, title, charge, or interest, at law or in equity, into, out of, upon, or respecting the hereditaments and premises hereby limited and appointed, granted, released, and confirmed, or mentioned or intended so to be, or any part thereof, from through under or in trust for him, them, or any or either of them, shall and will from time to time, and at all times hereafter, upon every reasonable request and at the costs and expense of the said John Clark his heirs or assigns, make, do, and execute or cause and procure to be made, done, and executed, all and every such further, and other lawful and reasonable acts, deeds, conveyances, appointments, matters and things whatsoever, for the further better more perfectly, absolutely, or satisfactorily, limiting and appointing and granting releasing and assuring the same hereditaments and premises with their and every other respective right, members, and appurtenances, unto and for the use and behoof of the said John Clark and his heirs and assigns, in such manner and form as he, the said John Clark his heirs or assigns, or his or their counsel in the law, shall advise and require.

AND WHEREAS doubts are entertained whether the said Jane Wilkinson the wife of the said Anthony Wilkinson is barred of her initiate title to dower or thirds out of the hereditaments and premises hereinbefore limited and appointed, granted, released and confirmed, and whereas in order to put an end to such doubts, the said Jane Wilkinson hath agreed to release and quit claim to the said John Clark, his heirs and assigns, all and all manner of right and title to dower, which either by the common law or custom, she the said Jane Wilkinson may (end of Page 4) be entitled to, into or out of, the hereditaments and premises hereinbefore mentioned, and hereby limited, and appointed, granted, released and confirmed, in the event of her surviving the said Anthony Wilkinson.

NOW THIS INDENTURE WITNESSETH that for the effectuating and completing the sale of the same premises, she, the said Jane Wilkinson, hath granted remised, released, and for ever quitted claim, and by these presents doth grant, remise, release, and forever quit claim unto the said John Clark his heirs and assigns, all the dower or thirds and rights, and title of dower or thirds at the common law, or otherwise, which she the said Jane Wilkinson, may have claim challenge or demand of, in to or out of, all and singular, the hereditaments and premises hereinbefore particularly mentioned, named, and described, and hereby limited and appointed, granted, released and confirmed, or any part thereof, in the event of the said Jane Wilkinson surviving her husband, the said Anthony Wilkinson, and all other the estates right, title, and interest, property claim and demand, which the said Jane Wilkinson now hath, or may have, both at law and in equity, of in and to, the said hereditaments and premises, and every or any part thereof, to the end and interest that the same hereditaments and premises shall and may be, held and enjoyed, by the said John Clark his heirs and assigns, freed and absolutely discharged of any from all dower and thirds, to which the said Jane Wilkinson may by possibility be entitled to, as aforesaid, and also of and from all other claims and demands of her of the said Jane Wilkinson, and that all and every person and persons claiming, or to claim by, from, or made, or in trust for her, shall and may be effectually barred and excluded for ever by these presents of and from all claims and demands whatsoever, of in to or out of the same promises and every or any part thereof.

IN WITNESS whereof the said Anthony Wilkinson and Jane his wife have hereunto respectively set their hands and seals the day and year first above written.

SCHEDULE TO WHICH THE ANNEXED INDENTURE REFERS [NAMES OF FORMER SLAVES, NOW APPRENTICES]

Anthony Wilkinson (Seal)

Jane Wilkinson (Seal)

Signed sealed and delivered by the within named Anthony Wilkinson and Jane his wife, in the presence of the words being the hereditaments and premises comprised in the hereinbefore in part Executed Indenture, and thereby subjected to the appointment hereby (end of Page 5) made at the 20^th line of the first sheet and the words henceforth go and (at the 20^th line of the first sheet and the words henceforth go and--duplicated?) at the 21^st line of the same sheet having been first interlined.

Signed: Roger Moser, Sol. Kendall. W.Wilkinson, Sedburgh

Received the day and year first within written of and from the within named John Clark, the sum of Three Thousand Five Hundred Pounds Sterling being the full consideration money within mentioned to be by him paid to me.

Signed: Anthony Wilkinson

Witness: Roger Moser, W. Wilkinson

To all to whom these presents shall come, I John Wakefield of the Borough of Kendal in the County of Westmoreland in Great Britain do hereby certify that on the day of the date hereof, personally came and appeared before me, Anthony Wilkinson and Jane his wife, the parties named in this Indenture hereunto annexed, and severally acknowledged that they did sign, seal, and as and for their several and respective act and deed, deliver the same Indenture for the purposes therein expressed and the said Jane, the wife of the said Anthony Wilkinson, being by me examined separate and apart from the said husband, acknowledged that she Executed the said Indenture hereunto annexed, of her own free will and accord without any fear, dread, or compulsion as or from her said husband.

In faith and testimony whereof I, the said John Wakefield, hath caused the common seal of the Borough of Kendal in Westmoreland aforesaid, to be hereunto put and affixed, and the Indenture mentioned and defined, to be hereunto also annexed, dated at Kendal aforesaid Twentieth day of May in the year of our Lord, One Thousand Eight Hundred and Thirty Seven.

Signed: John Wakefield, Mayor of Borough of Kendall.

Roger Moser of Kendal in the County of Westmoreland, gentleman, maketh oath and saith that he was present, and did see Anthony Wilkinson and Jane Wilkinson his wife, parties to the Indenture hereunto annexed, severally, sign, seal and as for their respective act and deed, deliver the said Indenture for the purposes therein mentioned, and that the names or signatures, "Anth'y" Wilkinson and Jane Wilkinson, subscribed to the said Indenture as parties executing the same, are of the respective proper handwriting of the said Anthony Wilkinson and Jane Wilkinson his wife, and that the signatures "Roger Moser and W. Wilkinson" subscribed to the said Indenture as the parties attesting the due Execution thereof, are of, and in, the proper handwriting of the said William Wilkinson and this deponent respectively. Sworn before me this Twentieth day of May, 1837.

Signed: Roger Moser

Signed: John Wakefield,

Mayor of the Borough of Kendal

1/8 To all to whom these presents shall come I John Wakefield of the Burough of Kendal in the County of Westmoreland in Great Britain do hereby testify that on the day of the date personally came and appeared before me Roger Moser the Deponent named in the affidavit herewith annexed, being a person well known and worthy of good credit, and by solemn oath which the said deponent thus took before me upon the Holy Evangelists of Almighty God, did solemnly and sincerely declare, testify, and depose to be true the several matters and things mentioned and contained in the said annexed affidavit.

In faith and testimony thereof, I the said John Wakefield have caused the Common Seal of the Borough of Kendal in Westmoreland aforesaid, to be hereunto put and affixed and the Indenture mentioned and referred to be hereunto also annexed. Dated at Kendal aforesaid this twentieth day of May in the year of our Lord, One Thousand Eight Hundred and Thirty Seven.

Signed:

John Wakefield, Mayer of the Borough of Kendal

I, John Munds, do swear that the annexed assignment and releases contain to the best of my reckoning twenty four legal sheets and ninety eight words.

Signed: John Munds

Sworn before me this 24 January 1838.

Signed: S. S. Brown

(This last signature might have been signed in Jamaica after John Clark's return to the Island, when this document was actually copied. Note the date of "entry" at the beginning of the document.)

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