???? - 1835
Claimant for compensation for the ownership of enslaved persons on Cape Sale and Belmont estates in Grenada, the compensation for whom was awarded to Robert Kirk (q.v.). In 1832, enslaved persons were registered on Cape Sale “the property of James Bain Esq. and in possession of Robert Kirk as attorney.”
James Bain of St George, Grenada, and his wife Margaret were involved in the purchase of land from James Smith in Grenada, 30/03/1829; this document was signed and witnessed in Bristol, England, although it's not clear how much time James and Margaret spent in Bristol.
According to a Law Report, when James Bain died in 1835 he left a £300 annuity to his widow Margaret and £3000 stirling to each of his sons Francis, Alexander, James, Andrew and Thomas as well as other legacies. His executors (Robert Kirk and James's widow Margaret Bain) found that the assets of his estate could not meet the whole of the legacies; Robert Kirk and Margaret Bain also agreed to a covenant to pay some of the estate's assets to two of James's sons in order to fund a South American business venture. Disputes over payments for the covenant and legacies resulted in the case Bain vs. Kirk in 1849. See also notes on the will taken by Daphne Phillips Daifas, below.
Robert Kirk, former attorney of James Bain, married James's daughter Frances Ann Bain at Elmbank Place, Barony, Glasgow, 12/04/1836.
Margaret Bain's maiden name was Martin. In 1846 she was at 3 Place Street, Birkenhead, Cheshire, when in conjunction with John Crooks of Kilmarnoch, Ayr, she appointed Robert Newbold of the Town of Saint George, William Alexander Horne of the Town of Saint George, merchant, Henry Otway of Grenada, barrister, Robert Gentle of Grenada, merchant, Alexander Bain of Carriere, planter and Alexander Bain of No. 1 Stone Building Lincoln's Inn to be attorney over the affairs of John Crook's late wife Marion. Marion Crooks nee Kirk was the daughter of Margaret's sister Sarah Martin.
T71/880 Grenada claim nos. 454 (Belmont) and 867 (Cape Sale). T71/332 p. 17.
http://agenealogyhunt.blogspot.co.uk/2010/04/part-268s-smith-robertson-genealogy.html [accessed 10/07/2012].
Law Journal Reports divided into Equity and Bankruptcy Cases. Common Law Cases 1836-1858, Volume 27, Part 2 (Google eBook), pp. 83-86.
General Registry Office for Scotland OPR Marriages 622 170 336 Barony.
Email from Daphne Phillips Diafas, 25/04/2013, sourced to FHL microfilm.
We are grateful to Daphne Phillips Daifas for her assistance in compiling this entry.
Andrew (1818-1894), Francis, Alexander (1821-1852), James, Thomas, David, Frances Ann
Will of James Bain of the Town of St George, entered 23/04/1835. Notes taken by Daphne Phillips Daifas:
unto George McEwen and Robert Kirk and John Ryburn of Glasgow, Belmont and Cape Sale on trust for maintenance and education of his children and support of his wife
to Mrs Elizabeth Beare wife of James Beare of the Town of St George house in Scott St in the Town of St George during her lifetime
to his wife Margaret Bain 300 pounds/year, 500 pounds in hand and all real and all personal and household property
to Mrs Elizabeth Beare 100 pounds in hand
to reputed son John Bain of the Town of St George free coloured man carpenter 500 pounds in 3 payments (each 6 months)
to eldest son Andrew Bain 5000 pounds
to daughter Frances Ann Bain 4000 pounds
to each of his sons Francis Bain, Alexander Bain, James Bain, Thomas Bain, David Bain 3000 pounds at 21 years or for daughter at marriage
witnessed W A Horne, George Henry Rowley, Alexander Purcell, Owsley Rowley
in codicil: James Bain formerly of the Town of St George now of Elmbank Place of Glasgow appoints William Scott Kirkland Esq merchant in Glasgow trustee and executor.
£3,180 9S 6D
Deceased claimant successful (Owner-in-fee)
£3,660 8S 0D
Deceased claimant successful (Owner-in-fee)
James Bain's son Alexander Bain, a barrister, died in Madras age 31,...
Email from Daphne Phillips Diafas, 25/04/2013, sourced to Gentleman's Magazine Vol. 37 1852 and Journal of the Barbados Museum and Historical Society Vols. 20-21. Also from Daphne...
South Africa: Orange Free State
1. James Bain's son Andrew Hudson Bain arrived in Cape Town on 1 July 1840. Although this was meant only to be a temporary stay, with Ceylon [Sri Lanka] apparently being his destination, he remained...
1. Email from Karel Schoeman, sourced to Andrew Hudson Bain's letter book 1840 - 1845 (A29.1), Free State Archive Repository, Bloemfontein. 2. Email from Daphne Phillips Diafas, sourced to <a...
Father-in-law → Son-in-law