Description Lease, Ebenezer McLeod and Wife to Robert Archibald, 1866

Front:

“Lease
Ebenezer McLeod and Wife
To
Robert Archibald”

Inside:

“This Indenture made this first day of March in the Year of Our Lord One Thousand Eight Hundred and Sixty six between Ebenezer McLeod of West River in the County of Pictou, Farmer, and Catherine B. McLeod his wife of the one part and Robert Archibald of Middle River in said County Farmer, of the other part.

Whereas the said Catherine B. McLeod is seized and possessed in her own right of a life estate in a certain lot of land and appurtenances situated at Middle River aforesaid by virtue of the last Will and Testament of Samuel Archibald, deceased, And Whereas since she became seized and possessed of the said interest in the said lot of land and premises she has intermarried with the said Ebenezer McLeod. And Whereas the said Ebenezer McLeod and Catherine B. McLeod have agreed with the said Robert Archibald to lease the whole of said lot of land to the said Robert Archibald for the term and on the conditions hereafter stated.

Now therefore This Indenture witnesseth that the said Ebenezer McLeod and Catherine B. McLeod for and in consideration of the rents and covenants hereinafter and in consideration of the rents and covenents hereinafter reserved and set forth and on the part of the said Robert Archibald to be paid and performed. Do and each of them doth demise lease and to form let unto the said Robert Archibald his Executors, Administrators and Assigns the whole of saids land with the houses, building and appurtenances being the farm on which the late Samuel Archibald resided and left by will to the said Catherine B. McLeod bounded as follows that is to say on the south by lands owned by the Heirs of David Archibald and John Porter and Jessie Porter on the West by Alexander Blackie on the north by the Heirs of David Archibald and Alexander Douglass and on the east by Robert Archibald. To have and to Hold the said above described lot of land and premises with the appurtenances to him the said Robert Archibald his Heirs, Administrators and assigns from the date of  this Indenture for, and during the natural life of the said Catherine B. McLeod yielding and paying therefore yearly and every year, during the life of the said Catherine B. McLeod the rent or sum of forty dollars of lawful money of the Province of Nova Scotia and a proportionate part of said rent or sum for any portion of a year during which the demised premises shall be held under this lease; the said yearly rents hereby reserved to become due and payable on the first day of March in each year the first of such payments to be made on the first day of March in the year of Our Lord One Thousand Eight Thousand and Sixty Seven. And the said Robert Archibald for himself, his Executors, administrators and assigns doth hereby covenant promise and agree to and with the said Ebenezer McLeod and Catherine B. McLeod their Executors, Administrators and assigns that he the said Robert Archibald his executors administrators or assigns shall and will well and truly pay to the said Ebenezer McLeod his Executors Administrators or assigns the he the said Robert Archibald his executors, administrators or assigns shall and will well and truly pay to the said Ebenezer McLeod, his Executors, Administrators or Assigns the said yearly rent or sum of forty dollars as the same shall become due during the joint lives of the said Ebenezer McLeod and Catherine B. McLeod, and in the case of the death of the said Ebenezer McLeod his wife Catherine B. McLeod him surviving that then the said Robert Archibald, his executors, administrators or assigns shall and will pay the said rents hereby reserved as the same shall become due to the said Catherine B. McLeod during the residence of the life of the said Catherine B. McLeod, after the death of the said Ebenezer McLeod it is also agreed by the said parties that all outlays on buildings fencing or any other outlays or expenses whatever incurred by the said Robert Archibald on said land and premises to be at his own expenses. And [freehere?] if the said Robert Archibald or the assigns shall be in areas for rent for the space of six months after the same shall become due that there it shall and may be lawful for the said Ebenezer McLeod or Catherine B. McLeod or his or her assigns to reenter the demised premises and eject the said Robert Archibald or his assigns and the same to have again and enjoy in as full and ample a manner as if this lease had not been made and the said lease shall become null and void anything to the contrary thereof in these presents notwithstanding. And the said Ebenezer McLeod for his Heirs and assigns agree to defend the said lands and premises to the said Robert Archibald his heirs and assigns against all lawful claims and demands except those mentioned in the last Will and Testament of the late Samuel Archibald.    The word made in the first line and the word (land) in the twenty seventh line from the commencement of this lease were interlined before the signing of this Lease.

In Witness whereof the parties to theses presents have hereunto subscribed and set their hands and seals the day and year herein before written –

Signed Sealed and Delivered                                      Ebenezer McLeod
            in presence of

                                                                                    Catherine B. McLeod

Charles Fraser
William S. Archibald                                                              Robert Archibald

 

Pictou S.S.      Be it remembered that on this twenty third day of April in the year of Our Lord One Thousand Eight Hundred and Sixty six before me the Subscribers one of Her Majesty’s Justices of the Peace for the County of Pictou personally came and appeared Catherine B. McLeod one of the parties to the foregoing Indenture and wife of Ebenezer McLeod therein named and party thereto [who] being by me examined separate and apart from her said husband acknowledged that she did sign  seal and deliver the said Indenture voluntarily and without any compulsion from his said husband for the purposes therein contained.”

David [Alloss?] JP”