Three Lives Lease|
Shirley Houck found this very rare document while WORKING in the basement. It's called a Three Lives Lease. Once you read thru it you will understand why people were up in arms and started the Anti Rent War. Quite interesting! --Linda Ogborn
THIS INDENTURE, made the ninth day of October in the year of our Lord one thousand eight hundred and twenty seven BETWEEN Edward P. Livingston, Esq. And Elizabeth his wife of Clermont in the County of Columbia of the first part, and Jotham Bellows of Middletown in the County of Delaware and State of New York of the second part,
WITNESSETH: That the part aforesaid of the first part, for and in consideration of the Rents and Covenants hereinafter mentioned, which on the part and behalf of the party aforesaid of the second part, are to be paid, done, observed, performed, fulfilled and kept HATH demised, bargained, ensoeffed, set, and to farm let, and by these presents Doth demise, set, and to farm let, unto the party aforesaid of the second part, Heirs and Assigns, ALL that certain parcel of Land, lying in Delaware County Bounded and described as follows VIZ Beginning at a stake and Hawthorn standing on the westerly bank of the Pacatacan Kill the northeasterly corner of Lot No 7 in the Subdivision of that part of Great Lot No W 40 in the Hardenbergh Patent belonging to the party of the first part, Thence along the northerly bounds of said Lot No. 7 Fifty two chains and ninety links to the Easterly bounds of Lot No 15 thence along the easterly bounds of said Lot No W 15 & 16 thirty four chains and ninety three links to a stake thence south 56 30' East Eleven chains to the said Pecatacan Hill thence down the same as it winds and turns to the place of beginning containing one hundred and thirty one acres.
Together with all and singular the Trees, Woods and Underwoods, to be made use of on the premises, and no where else- Saving and always reserving to the party of the first part, their Heirs and Assigns for ever, all streams, creeks and runs of water, and all mines, minerals, ores and metals of every nature and kind, upon or within the farm hereby demised, standing, being or to be found, with full and free ingress, egress, regress and power and liberty at all times to search, dig, and carry away the same, or to manufacture the same thereupon, and for that purpose to make and erect mills, dams and other buildings, and also to take and use all such timer, fire-wood, stone and other materials as may be found in any part of the said demised farm, proper and necessary for his and their use; But it is hereby provided, That for so much of the said demised farm as shall by these means become encumbered, or rendered useless to the party of the second part, there shall be deducted out of the yearly rents by these presents reserved, a reasonable abatement, in proportion to the whole quantity of the said hereby demised farm, during the time that any part maybe so encumbered or rendered useless. TO HAVE AND TO HOLD the said Farm, Land and Premises herein before demised (saving, reserving and excepting as aforesaid), unto the party aforesaid of the second part, his Executors, Administrators and Assigns, for and during the term of the lives of the said Jotham Bellows, Betsey his wife and Charles W. Bellows aged 7 years and during the life of the longest liver of them-from the day before the date of these Presents; to the proper use, benefit and behoof of the party aforesaid of the second part his executors, administrators and assigns-YIELDING AND PAYING THEREFOR during the continuance of this present Lease, YEARLY AND EVERY YEAR, unto the party aforesaid, of the first part, their heirs, or assigns, the yearly Rent of Twenty Six Bushels and twelve pounds of good, sweet, merchantable winter Wheat, for the above demised Premises, to be delivered and paid by the party aforesaid of the second part, his heirs or assigns, on the first day of every month of May, yearly, at such store-house or place within seventy five miles from the above demised Premises, and to such Person as the party aforesaid of the first part, their heirs, executors, administrators or assigns, shall from time to time, at pleasure, appoint or direct to received the same; the first payment to be made on the first day of May, in the year of our Lord one thousand eight hundred and twenty eight which rent is to be paid without any deduction or abatement of or for any manner of taxes, charges, assessments or impositions whatsoever, that have been or shall be taxed, charged or imposed upon the hereby demised premises, or any part thereof, or upon the party aforesaid, of the second part, his heirs or assigns, for or on respect thereof, by any power or authority whatsoever: PROVIDED ALWAYS, That these presents are upon this condition, that if the said yearly rent, or any part thereof, shall be behind and unpaid, or unperformed in any part or in all, by the space of Twenty Days next after any of the days appointed, or to be appointed, as aforesaid for rendering, paying or performing the same as aforesaid; or if the party aforesaid of the second part, his heirs or assigns, shall not take possession and improve the farm aforesaid, within six months after the date hereof, or leave the possession for the space of six months, or shall not observe, keep and perform the several articles, covenants and agreements in these presents particularly hereafter expressed, on his or their part to be observed, kept and performed; that then, and in any or either of these cases, these presents, and the estate by these presents demised, or intended to be demised, are to be void, determine and cease; and thereupon it shall and may be lawful to and for the party of the first part, their heirs and assigns, into the said Farm, Land and Premises, or in any part, in the name of the whole, to re-enter, and have again, retain, re-possess and enjoy, as in their first former estate. BUT ALSO, in case of the party aforesaid of the second part, his heirs and assigns, or any of them, be minded and desirous hereafter, to dispose of the said Farm, or any part thereof, or to underlet the same, with the appurtenances, the Orchards, Fruit-Trees, Nurseries, Dunghill, which shall be deemed of the said Farm, that then the party aforesaid of the second part, his heirs or assigns, shall not, nor will not sell or dispose of or underlet the same before leave first had and obtained under the hand and seal of the party aforesaid, of the first part, their executors, administrators or assigns: Also, That the said party of the second part shall and will, from time to time, and at all times, during the term hereby demised, keep, maintain and preserve the house, barn, barracks, buildings, fences, and enclosures, made or to be made and erected on the hereby demised Farm, in good and sufficient repair: Also, that the party aforesaid of the second part, his heirs or assigns, shall, in the first year, strew apple seed or pomace upon a patch of land on said Farm, for a Nursery, well prepared for that purpose, of at least fifty feet square, to the intent that within six years be planted a regular Orchard of One Hundred Apple-Trees at least, at thirty-six feet asunder; and as many of them as may happen to die, others in their stead to be replaced, so that the number of one hundred like trees at least, be complete and planted out, and inclosed with a good fence for their safety: Also, That the party aforesaid of the second part, his heirs or assigns, shall not, by themselves or procurement, peel any bark for Tanner's use, off or from any tree standing or laying down on the said farm; or by his privity suffer any wood to be disposed of or burnt into coal for Furnace, Forge or Bloomery use, or into ashes for any Pot-ash work; or shall the party aforesaid of the second part, his heirs or assigns, take in or join any other person or persons, in conjunction, to farm on shares or cropping; And also, That the party aforesaid of the second part, his executors, administrators and assigns shall, from time to time hereafter, be subject to all reasonable orders, as regulating fences, laying out paths and roads, and to amend and repair the same, when necessarily devised by the party aforesaid of the first part: And this lease is upon the express condition, that the aforesaid land, before it shall be sold, assigned or underlet by the said party of the second part, his heirs or assigns, shall be fixed at the price he or they mean to take, and the first offer thereof, at the said price, shall be made to the said party of the first part, their heirs or assigns, and also, when sold, underlet or mortgaged, or in any way disposed of, otherwise than by will or descent, that the person so taking the same, shall take a new lease from the said party of the first part, their heirs or assigns, subject to the same rents, covenants and conditions contained in this lease, together with a new covenant and condition in all things similar to this, it being declared to be the intention hereof that his lease is to be renewed upon every sale, assignment, or underletting as long as the term hereby granted shall continue; and shall pay to the said party of the first part their heirs or assigns, one tenth part of the sale money, which shall be considered as a condition binding the land, as also all other covenants and conditions herein contained, and for a breach of any of which the said party of the first part their heirs or assigns, may re-enter and recover the said land as if no lease had been granted.
IN WITNESS WHEREOF, the Parties to these Presents have interchangeably set their Hands and Seals, the Day and Year first above written.
SEALED AND DELIVERED IN THE PRESENCE OF
Horace Stevens Edwd P. Livingston
Elizabeth S. Livingston
Jotham X Bellows
EDWARD P. LIVINGSTON & WIFE
Know all men by these presents that I Jotham Bellows of the Town of Middletown County of Delaware and State of New York and Betsey my wife of the first part and William Dean of the same place of the Second part witnesseth that the Parties of the first part hath this day Bargained and Released and by these doth assign Transfer and Convey all the within described premises unto William Dean the party of the Second Part and to his heirs Executors Administrators and Assigns forever with the full Enjoyment of every privilege heretofore granted on the within Lease unto the party of the first part ; for the consideration of two hundred dollars the receipt whereof is hereby acknowledged by the parties of the first part to them in hand paid by the party of the Second part Therefore the said party of the second part his heirs Executors Administrators and Assigns is hereafter to go into actual possession of the within described premises and to have and to hold the same agreeable to the Covenants and Conditions of the within Lease with the privileges and appurtenances hereunto Belonging and the party of the second part is to pay the years rent which will fall due on the first day of Next in witness where of the parties of the first part have hereunto interchangeably put their hands and Seals this Twenty Eighth day of April in the year of our Lord One Thousand Eight Hundred and thirty six
In the presence of
Timothy Corbin Jun. Jotham X Bellows
Fanny Carroll Mark