Lease from Daniel Cole to Cornelius Vosburgh

Dated March 21, 1835 & Registered April 1, 1836

A memorial of a Lease dated the twenty first day of March in the Year of our Lord one thousand Eight hundred and thirty five, Between Daniel Cole of the Town of Adolphustown in the Counties of Lenox and Addington in the Midland District and Province of Upper Canada, Yeoman, of the first part and Cornelius H. Vosburgh of the Town of Hallowell, District of Prince Edward and Province aforesaid, Yeoman, of the other part.

Witnesseth that the party of the first part doth covenant and agree to lease unto the party of the Second part, a certain piece or parcel of land lying and being in the Township of Adolphustown in the County of Lenox & Addington in the Midland District and Province aforesaid, the west half of lot number thirteen in the above mentioned Town and District as above mentioned containing one hundred + acres on which the Said party of the first now lives, with a wood house and barn thereon erected and being the west half of said lot and east half of lot number thirteen being a part of the above mentioned lot as above mentioned also containing one hundred acres, with all the appurtenances thereto belonging for and during the term of three natural lives, (that is to say) during the natural life the above mentioned Cornelius H. Vosburgh, Elizabeth Rorabeck his sister aged thirty years and Washington Ervine Rorabeck son of Elizabeth Rorabeck above mentioned aged four years, and to have and to hold the above mentioned premises free and unmolested, during the natural lives of the three persons, as above mentioned and after the decease or death of the last of the above named three persons, then the whole of the said real property which he, the party of the second part has taken under tenor of this lease, is to be delivered up to the party of the first part, or to his heirs or Executors or any other person named by him, the party of the first part, and this writing will become void and of no effect and ever after remain as if never made.

Out of the above mentioned lands the party of the first part reserves to himself a piece or strip of land to be reserved out of the south west part of lot number thirteen beginning by a willow tree about eighteen or twenty rods south east of the King's highway running from Bath in the Second Town from Kingston, to the Court house in Adolphustown and running thirty one degrees west, and fifteen rods wide containing twenty five acres or more, the above mentioned piece or parcel of land, being fifteen rods wide and running from the above mentioned willow tree to the west end of said land as above mentioned, the said party of the second part is not to have any claim or control over the last mentioned piece or parcel of land at the time, and the party of the first party may at any time sell or dispose of it as he sees fit, without any reproach or opposition from the party of the second part his heirs or Executors, the said Daniel Cole first then reserving the garden which he has been in the habit of occupying as such lying at the south west end of the house and between it and the road from the lake up to the barn or gateway leading from the barn to the road during the natural life of himself and his wife Hanna and after their decease for Sally Hill to occupy and cultivate for her own use as long as she lives unmarried, and it is further understood, the land is to be kept in good order, the fences to be always kept good, the buildings in good order, and the timber on the land to be used only for the use of the farm and the, the said party of the second part is not allowed to sell or dispose of any of the articles left on the farm, and further he, the said Vosburgh has not the right or privilege of leasing or putting any other person in possession of said land or any part thereof to any person whatever under the penalty of making void this deed or lease the same as if never made, nor is he allowed to sell or dispose of any of the livestock left to him in the lease on the farm, and the said Daniel Cole reserves to himself and to his heirs and Executors the right of disannulling and declaring this lease void in case he or they have just reason to see that the party of second part is a making way with the real property or any part thereof so put into his hands in consequence of this lease and that no debts contracted by the party of the second part shall at any time have any jurisdiction over any part of said property either real or personal either by judgement execution or otherwise.

Know the condition of this lease is such that the said Cornelius H. Vosburgh agrees to cultivate the above mentioned land, farm or tract of land in a good farmer like manner, to sow and cultivate the land each and every year during the natural life of the said Daniel Cole and his wife Hanna and render the one third of all the grain of all descriptions raised on said farm as well as of all vegetables, the grain to be threshed and taken in the Upper Chamber in the house where he, the said Cole may live in and the vegetables, potatoes + + to be put in the cellar in the part occupied by him every year in good season as long as they the said Cole and his wife shall live, to take the grain to mill and fetch it back again when the said Cole or his wife may so require it - & to furnish oven wood for baking + + + it is further understood that the said Daniel Cole reserves to himself and wife, as long as they both live, the one half of the house in which they now live in (that is to say), the east half from the partition now standing between the two rooms on the ground floor, from the cellar to the garret - & the said Vosburgh agrees to keep said house in repair so that the said Cole may live comfortably in said building as well as his wife as long as they shall both live, and in case the said house becomes unsafe to live in the said Vosburgh agrees to furnish another building in which the said Cole and his wife may occupy until the final disease of them both - say a sitting room and bed room, cellar and garret of sufficient bigness to contain the grain and vegetables, apples + + and he, the said Vosburgh further agrees to furnish what wood may be necessary for the chimney both summer and winter & to make or cause to be made a fire every morning when it may be necessary so to do - and also water required for the family use and to allow Sally Hill a room for her bed and chest after the death of the said Daniel Cole and his wife, as long as she lives unmarried and behaves as a good member of society and in a peaceable manner, it is understood that the grain now sowed on the farm is not to be counted in this agreement, and that the said Cole reserves a place in the barn to put it in and to thrash it out.

The said Daniel Cole further reserves for himself and wife, out of the stock now on the farm, four cows that never dies - (that is to say) if one dies another must be put in her place by the said Vosburgh as long as long as they shall both live, so that the said number of four cows, will be always kept good as long as they both live, he the said Cole also, reserving one horse, all which is to be pastured in summer and kept in winter as well as his own is kept, on hay and straw in good order, at the expense of the said Vosburgh, and to have the cows brought up to the barn for milking, when necessary, he the said Cole further reserves for himself his one horse wagon and harness and two hogs of one year old each is to be furnished him by the said Vosburgh every fall, when called for, as long as the both live in good stock order.

The said Vosburgh further agrees to furnish him, the said Cole and his wife, as long as they both shall live, a fat cow of good reasonable size & in good order to kill every fall in the month of November, alive, also reserves a colt and calf belonging to Sally Hill, which he, the said Vosburgh, agrees to keep on the farm and treat as well as his own cattle and horses as long as she remains unmarried, all the remainder of the horses, cattle, colts and calves, hogs & sheep, with a two horse waggon, plough & wood harrow - the grind stone he may use when he wishes, and a double sleigh.

The said Daniel Cole further reserves the one half of the apples growing on the said farm, to be gathered and put in the cellar of the said Cole every fall as long as they shall both live, other fruits + + and after the death of the said Cole and his wife, the said Vosburgh agrees to give Sally Hill the one third of the apples and she gathering them herself as long as she remains unmarried.

The said Vosburgh further agrees to pay all taxes and statute labour required by law, as town tax on any other of whatsoever name or nature it may be as long as the said Vosburgh occupies the said farm.

The said Cornelius Vosburgh further agrees to be at the expense of the funeral of the Daniel Cole and his wife, whenever it pleases God to call them to him, and to give them both a decent funeral as their station requires, which is to be conducted in a decent manner as the occasion calls for.

The articles reserved in this lease, the Daniel Cole will be at liberty at all times to dispose of - as having no connection with the farm further than their support and keeping on the said farm &c &c nor any other thing not mentioned in this writing in which lease is witnessed by John H. Ferris of the city of Montreal in the Province of Lower Canada, Physician, and Henry Palen of the Township of Adolphustown in the Midland District and Province of Upper Canada, Yeoman, and this memorial thereof is required by Cornelius H. Vosburgh hereunto & at his hand & seal the first day of April in the year of our Lord, one thousand eight hundred and thirty six.

Signed Cornelius H. Vosburgh

In presence of us

(signed) Henry Palen, William A. Forward

The execution of this memorial and of the lease or deed to which it relates, was duly proved before me on the 1st day of April, 1836, by the oath of Henry Palen of the Township of Adolphustown in the Midland District, yeoman - one of the subscribing witnesses

(signed) Isaac Fraser, D.Reg, County of Lenox