James Bain

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.”

1. 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.

2. According to a Law Report, when James Bain died in 1835 he left a £300 annuity to his widow Margaret and £3000 sterling 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.

3. Robert Kirk, former attorney of James Bain, married James's daughter Frances Ann Bain at Elmbank Place, Barony, Glasgow, 12/04/1836.

4. 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.

1. http://agenealogyhunt.blogspot.co.uk/2010/04/part-268s-smith-robertson-genealogy.html [accessed 10/07/2012].

2. Law Journal Reports divided into Equity and Bankruptcy Cases. Common Law Cases 1836-1858, Volume 27, Part 2 (Google eBook), pp. 83-86.

3. General Registry Office for Scotland OPR Marriages 622 170 336 Barony.

4. 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.