USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41
1 See in this connection the interesting chapter on "Houses in Ancient Albany County," in History of the Schenectady Patent, p. 441-50.
13
DEEDS 1678-1704
editor has made only such changes as on careful comparison of these translations with the originals were deemed necessary in order to secure correctness of interpretation. In view of the well-known ambiguity of language in the description of many pieces of property and the consequent uncertainty in regard to the proper translation of these descriptions, pains have been taken to cite in footnotes extracts from the corresponding confirmatory patents in all cases where such ambiguity seemed to exist. These extracts often throw an unexpected light on the location of the property and will be found helpful in connecting the deeds here printed with those published in the preceding volume. For the full text of the patents the reader is referred to the records in the office of the' Secretary of State, rather than to the worn-out set of original volumes of Patents in the State Library from which the extracts have been copied. Peculiar Dutch expressions such as vly and creupel bosch, which have been variously rendered by different translators, have been freely quoted in the text and care has been taken to bring the spelling of all proper names, including many interesting Indian local names, into accord with the form used in the original documents. Personal names which Professor Pearson had supplied in the translations, in the same way as in the first volume, have in all cases been eliminated from the text and where needed given in footnotes, for the reason that some of these additions were found to be incorrect and that for others no authority could be found, so that it seemed best not to assume, even by implication, any responsibility for them. It goes without saying that in many cases much fuller genealogical informa- tion than appears in the present footnotes may be found in the first volume and above all in the useful compilations entitled "First Settlers of Albany," "First Settlers of Schenectady," and " History of the Schenectady Patent." It should be borne in mind, however, that in the absence of any church records of Albany before 1683, most of the genealogical information to be found in the above-men- tioned publications is based on the very records which are now made available, so that there seemed no need of doing more than to call attention to the errors which happened to come under the editor's observation. Though the number of such errors is not inconsidera- able, it is really small in comparison to the multitude of genealogical data which Professor Pearson's patient labors have brought to- gether. That many of these errors have been blindly copied by other writers and passed so to speak into the traditionary stage, may be ascribed to the fact that the original records are written in a lan- guage which few people have taken the trouble to learn, so that for
1.4
EARLY RECORDS OF ALBANY
almost half a century after Professor Pearson's investigations very little original work in regard to the early history of Albany and Schenectady families has been done. Now that the records become available in translated form, a new field opens itself to the genealo- gist which will doubtless enable him to make many hitherto unsus- pected connections. That after all these years the public should be enabled to reap the full benefit of Professor Pearson's work will be pleasing to all who hold his name in grateful remembrance and is a source of much satisfaction to the editor.
A. J. F. VAN LAER Albany, April 29, 1915
DEEDS VOLUME III
Deed from Reyer Schermerhorn, husband and guardian of the widow of Elmer Otten, to Rev. Nicolaus van Rensselaer for a house and lot on Jonker street in Albany
[1] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, etc., in presence of the Honorable Mr Richard Pretty and Mr Andries Te[ller], magis- trates of said jurisdiction, Ryer Jacobse Schermerhooren, husband and guardian of Ariaentie Arents, late widow of Elmer Otte, de- ceased, who declared that he grants, conveys and makes over in true, rightful and free ownership to and for the behoof of Dom. Nicolaus van Renselaer a certain house and lot standing and lying here in Albany on Jonker street,1 being a corner house, bounded south and east by the public streets, on the west by the house of Jan Witthardt and on the north by the house of Capt. Backer ; 2 in breadth on the south, on the street, one rod, ten feet and one and a half inches and in the rear on the north side one rod and ten feet ; in length on the east side, on the street, six rods, two and a half feet, and on the west side five rods, eleven feet and two inches, including an alley of four feet to the rear which is to be in common for Dom. Renselaer aforesaid and for the house of Jan Witthardt ; which he, the grantor, does by virtue of a conveyance of the lot received by him from Mr Jan Thomase,3 [ said lot ] being the half of the lot specified in a patent granted to said Thomase by the late Governor General
1 Now State street.
2 Capt. John Baker. For information about him see Minutes of the Execu- tive Council of the Province of New York, ed. by V. H. Paltsits, 1 :50-51, note. 3 Professor Pearson here adds the name " Whitbeck," but in the deed from Jan Thomassen to Schermerhorn, June 13, 1678, in Early Records of Albany, I :185, he supplies the name "Mingael." The latter is clearly a mistake, as the signature to the deed is similar to that of the will of Jan Thomassen, dated October 21, 1679, in Notarial Papers, 2:103-5, in which he is called Jan Thomasz. geboortigh tot Witbeeck in Holsteyn (born at Witbeeck [Wittbek] in Holsteyn). The same mistake runs all through the volume wherever the name " Mingael " has been supplied after that of Jan Thomassen. Between 1654 and 1679, Jan Thomassen repeatedly held the office of commissaris or magistrate of Albany and with his associate Volkert Jansen Douw, also a magistrate, he figures in many real estate transactions. He generally signs his name "Jan Thomasz," once "Jan Thomansz," and once, with a trembling hand, to his will, "Jan Thomaesz." Apparently there was no Jan Thomassen Mingael of sufficient age to transact business living during the same period. The first settler by that name died before November 3, 1642 (N.Y.Col.Mss, 2:35) ; his son Thomas Jansen Mingael died in 1662 (N.Y.Col.Mss, v. IO,
[15]
16
EARLY RECORDS OF ALBANY
Rich: Nicolls dated the 29th of April 1667,1 to which reference is herein made; and that free and unincumbered, without any charges resting thereon or issuing out of the same" (saving the lord's right) and without the grantor's making any further claim in the least thereto, acknowledging that he has been fully paid and satisfied therefor, the first penny with the last, giving therefore plenam ac- tionem cessam and full power to the aforesaid Mr Nicolaes van Renselaer, his heirs and successors or assigns, to do with and dis- pose of said house and lot as he might or could do with his own patrimonial estate and effects, promising to warrant and defend the same against all persons from all trouble, claims and incumbrances which may hereafter arise,3 and nevermore to do nor cause any- thing to be done contrary hereto in any manner whatsoever, binding himself thereto as by law provided. Done in Albany, this Ist of July 1678.+ Richard Pretty REYER JACOBSE SCHERMERHOORN A. Teller
Acknowledged before me, ROT. LIVINGSTON, Secretary
pt I, p. 301), and the grandson Johannes Thomassen Mingael is not men- tioned in the records till about 1680. He signs his name in one place "Johannis tomes meingael," and in another "Johaennis toemissen mingael," in a hand which is entirely distinct from that of Jan Thomasz from Wittbek. 1 This patent was a confirmation of the grant to Jan Thomassen by Director General Stuyvesant of March 10, 1661, recorded in Dutch Patents, HH, p. 120-21.
2 Sonder eenige lasten daerop staende ofte uytgaende, which Professor Pearson translates as : " with no claims standing or issuing against the same." Lasten, however, does not refer to " claims," but means "charges," more particularly, taxes and rent charges, so that the phrase may be rendered : " without any charges thereon, or rents, profits or emoluments to be paid out of the same."
3 Belovende 't selve op ende Jegens een Ygelycken te waaren & te vryen voor alle Commer, naermaeninge ofte beswaernisse, die naermaels soude moogen koomen. This phrase, with slight changes, occurs in nearly all the Dutch deeds and has been variously rendered by Professor Pearson as " promising to defend the same from all and every person and free it from all trouble, claims, or complaint which may hereafter come against the same," or " promising to defend the same against all and every person and to free it from all claims, liens and encumbrances," or "promising to protect and free the same from all trouble, actions and claims of all persons." Commer, literally " cumber," means trouble, let, or hindrance; in law it is used in the sense of charge, debt, lien, or obligation and, more specifically, in the sense of attachment. Naermaeninge means claim, or demand, and beswaernisse refers to anything with which property may be beswaert, that is, charged or incumbered. Though Professor Pearson's translation has often been changed to make it correspond more closely to the wording of the original, no effort has been made to secure absolute uniformity in the rendering of the phrase above quoted.
4 Soon after the purchase of this house and lot Domine Nicolaus van Rensselaer died intestate, his widow Alida Schuyler obtaining letters of
I7
DEEDS 1678-1704
Deed from Geertruy Barents, attorney for Jacob Hevick, and the administrators of the estate of Reyndert Pietersen to Al- bert Ryckman for a brewery, dwelling and appurtenances in Albany
[2] Appeared before me, Ro: Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, etc., in presence of the Honorable Mr Rich : Pretty and Ands. Teller, magistrates of said jurisdiction, Geertruy Barents, as attorney for her husband Ja [cob] Hevick, and Gerrit Swart and Mr Adriaen van Ilpendam, adminis- trators of the estate of Reyndert Pieterse, deceased, who declared that they had granted and conveyed to and for the behoof of Albert Ryckman, his heirs and assigns, the brew-house and the dwelling in front, together with the mill house, horse stable, well and the land adjacent thereto, lying in the town of Albany, next the house of Leendert Phillipse; 1 in breadth in front, on the street, three rods, one foot and six inches; to the south of the lot where the blockhouse stood eleven rods and eight feet; breadth to the east, three rods and six feet, and in length to the north of Leendt. Phil- lipse's eleven rods, eight feet, being a part of the patent granted by the Right Honorable Governor General Rich: Nicolls to Jacob Hevick, dated the 30th of April 1667,2 to which reference is herein made ; which she, the cedent, and the grantors in the capacity afore- said promise to warrant and defend against all trouble, claims and pretensions (saving the lord's right) which may hereafter arise, on pain of execution against their persons and estates, real and personal,
administration bearing date the 30th of November 1678. She afterwards married Robert Livingston, who made satisfaction for the house according to an appraisement and so became possessed thereof. Robert Livingston also acquired from Jan Jansen Bleecker, attorney for Jan Witthardt, the other half of the lot specified in the patent to Jan Thomassen, and for the entire property, as well as for other pieces of property owned by him, received a patent from Governor Thomas Dongan dated the 4th of November 1684. See this patent in Patents, 1684-1686, 5B :17-20, in the New York State Library. See also the appraisal of Domine van Rensselaer's estate and Robert Livingston's account of his administration of the estate, Dec. 30, 1680, in N. Y. Hist. Soc., Collections, 1892, 25 :68-69.
1 Leendert Philipsen Conyn.
2 This is apparently a mistake for the 27th of April 1667, when a patent was granted to Jacob Gevinck [Hevick] and Reyndert Pietersen for this property and for a house and lot in Albany toward the hills; hence the expression " being a part of the patent granted . to Jacob Hevick." The property described in the present deed was conveyed to Hevick and Pietersen by Pieter Bronck, August 5, 1662; see Early Records of Albany, I :304-5.
It is interesting to note the expression ten suyden van het Erff daer het Blockhuys gestaen heeft-to the south of the lot where the blockhouse stood. The patent of 1667, which probably follows the description of the property in the deed of 1662, reads: "to the South of the block House in length eleaven Rod and eight foot," showing that at the date of the patent, or at any rate in 1662, the blockhouse was still standing. Not unlikely it was one of the first buildings erected in this locality.
18
EARLY RECORDS OF ALBANY
present and future, submitting the same to the jurisdiction of all courts and judges. Done in New Albany, this first of July 1678.
Richard Pretty
A. Teller
GERTRUET BARENTS
G: SWARTT ADRIAEN VAN ILPENDAM
Bond of Jacob Jansen Gardenier to pay arrears of rent to Geer- truy Barents
[3] Appeared before me, Ro: Livingston, secretary of Albany, colony of Renslaerswyck and Shaenhechtady, etc., in presence of the hereinafter named witnesses, Jacob Janse Gardinier alias Flodder, who acknowledges that he is well and truly indebted and in arrears to Geertruy Barents, wife of Jacob Hevick, in the sum of one hun- dred and sixty-eight guilders in beavers, growing out of house rent due from his wife Barentie Straetsmans, which aforesaid twenty- one beavers the appearer promises to pay to Geertruy Barents or her order next May 1679, in beavers, seawan, wheat, or boards, all merchantable and at market price, binding thereto his person and estate, real and personal, nothing excepted, submitting the same to the jurisdiction of all lords, courts, tribunals and judges ; in witness of the truth of which he has subscribed this in presence of Cornelis van der Hoeven and Paulus Martense, called as witnesses hereto. Done in Albany, the 3d of July 1678.
JACOB JANSEN GERDENYER
Korneles Corneles Poulis Marten 1
Acknowledged before me, ROT. LIVINGSTON, Secretary
I, the undersigned, Geertruy Barents, gratefully acknowledge that I am fully satisfied for the above obligation and thanking him for his good payment release him from all further demands. Done in Albany, this 30th of July 1680.
This is the mark X of Geertruy Barents, made with her own hand Acknowledged before me, ROT. LIVINGSTON, Secretary
1 This signature is the same as that of Paulus Martense van Benthuysen, in Deeds, 2:616 (Early Records of Albany, 1:400), and as that of Paulus Martense van Rynsburch, in Notarial Papers, 1:274. Benthuysen, or Bent- huizen, is a village about six miles southeast of Leiden; Rynsburch, or Rijnsburg, is the name of a village and of an ancient and wealthy abbey three miles northwest of Leiden. This abbey had large landed possessions in various parts of the province of South Holland. The natural inference therefore is that Paulus Martensen came from the vicinity of Benthuysen, but from the land which belonged to the jurisdiction of the abbey of Ryns- burch.
19
DEEDS 1678-1704
Deed from Catskill and Mahikan Indians to Capt. Sylvester Salis- bury and Marten Gerritsen for five large flats at Catskill
[4] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, etc., in presence of all the magistrates of said jurisdiction and about twenty Catskill and Mahikan Indians, Maetsepak commonly called Mahak Niminaw, Tamongwes alias Volkert, Papawachketik alias Evert, Mamaetcheek alias Joris, Kachketowaa alias Cobus and Unekeek by the Christians named Jan de Backer, on behalf of the whole Catskill nation, who declared that they granted, conveyed and made over in true, right- ful and free ownership to and for the behoof of Capt. Sylvester Salisbury,1 commandant, and Mr Marte Gerritse, magistrate, a cer- tain parcel of land lying at Catskill above the land of Eldert de Goyer,2 consisting of five large flats (vlaktens) lying on both sides of the kill, the name of the first flat being Wachachkeek, the second named Wichguanachtikak, the third Pachquyak, the fourth Assisko- wachkok, and the fifth Potick, with the woodland for a cattle range (uytdrift van vee) or otherwise, to wit four English miles around said land, and all the kills, creeks, groves, appendages and depend- encies thereof (excepting the land of Jan Bronk), which they, the grantors, do by virtue of being the rightful owners and proprietors of said lands, flats and wood land and conveying the same to Capt. Salisbury and Marte Gerritse aforesaid, who have license and privi- lege to buy said lands of the owners from the right honorable Gov- ernor General Edmond Andross and to give satisfaction therefor before this court, as appears by license thereof under date of No- vember 2, 1677; conveying the same free and unincumbered with- out any charges resting on, or arising out of the same (saving the lord's rights) and without the grantors' making any further claim thereto, acknowledging that they have been fully paid and satisfied therefor, the first penny with the last, according to a contract of sale thereof dated the 11th of June 1678:3 giving therefore plenam actionem cessam and full power to said Capt. Salisbury and Marte Gerritse, their heirs, successors, or assigns to do with and dispose of the same as they might or could do with their own patrimonial
1 Capt. Sylvester Salisbury succeeded Capt. John Baker in July 1670 as commander of the fort at Albany. See about him Minutes of the Executive Council of the Province of New York, ed. by V. H. Paltsits, 1 :51, 146, notes.
2 Eldert Gerbertsen Cruyf, from Hilversum, in the Gooi, or Gooiland, province of North Holland, hence called "the Goyer." In an abstract of this deed in Docts. Rel. to Col. Hist. N. Y., 13:545, the name has been errone- ously given as "Evert de Goyer," while other mistakes in the Indian names occur also.
3 This contract does not appear to be recorded.
20
EARLY RECORDS OF ALBANY
estates and effects ; promising to warrant the same against any and all persons and to free the same from all trouble, demands, or in- [5] cumbrances which may hereafter arise or be set up either by Christians or Indians, and nevermore to do or cause anything to be done contrary hereto in any manner, binding therefor their persons and properties as by law provided.
Done in Albany at the Court House, this 8th of July 1678.
This is the mark X of MAHAK NIMI- NAW made with his own hand.
This is the mark X of VOLKERT made with his own hand.
This is the mark X of EVERT the In- dian made with his own hand.
This is the mark X of JORIS made with his own hand.
This is the mark X of COBUS made with his own hand.
This is the mark X of JAN DE BACKER made with his own hand.
This is the mark X of SINHOE, a Cats- kil indian.
Philip Schuyler Richard Pretty
ROBERT LIVINGSTON, Secretary
Quitclaim by Manueenta alias Schermerhorn of lands described in deed given above
Appeared before the right honorable the magistrates of Albany, colony of Renselaerswyck, etc., a certain Catskil indian named Manueenta and by the Christians called Shermerhooren, who is a fellow proprietor of the lands lying in Catskill, above conveyed to Capt. Silv : Salisbury and Marte Gerritse by the aforesaid Indians, and acknowledges that he is paid and fully satisfied for his share and interest therein, having received a coverlet, a gun, a shirt, a half cask of beer, confirming all that is done above, and now fully con- veys the same and promises hereby to free said Capt. Salisbury and Marte Gerritse from all trouble, actions, or demands which may
2I
DEEDS 1678-1704
arise hereafter in any manner on the part of any persons, whether Indians or Christians. Done in Albany, this 25th of November 1678.
This is the mark X of SHERMERHOOREN, made with his own hand.
A. Teller Cornelis Van Dyck Dirck Wessels .
Joh: Provoost
Acknowledged before me, ROT. LIVINGSTON, Secretary
Contract between Jan Conell and Andries Teller for the purchase of Conell's house and lot on the hill in Albany
[6] Appeared before me, Ro: Livingston, secretary of Albany, etc., in presence of the hereinafter named witnesses, Jan Conell of the one side and Mr Ands. Teller of the other side, who declared that they had in love and friendship agreed and contracted respect- ing the purchase of his, Jan Conell's, house and lot lying here in Albany on the hill (aen't geberghte), as follows : First, Jan Conell acknowledges that he has sold and Mr Ands. Teller that he has bought of him the aforesaid house and lot with all that is in the earth and nailed fast, standing and lying here in Albany on the hill, bounded to the south by Arent van den Berg and northerly by the new house of Dirk Wessels, in length five rods, one foot, in breadth eighteen feet Rhineland measure, which house and lot he promises to deliver to the buyer within the time of 14 days, free and unincum- bered, saving the lord's right; for which house and lot the buyer promises to pay the sum of one hundred good, deliverable beavers and ten beavers to the seller's wife; but it is to be noted that the aforesaid house is still mortgaged to Capt. Brockholes for the sum of £26, Is. 41/2d. sterling, being the last payment [due], the first half having been paid as per Ro: Hamilton's acquittance of date the 23d July 1678, which £26, Is. 472d. sterling money said Teller promises and agrees to pay to Capt. Brockholes as an offset from the said 100 beavers. For the execution of the aforesaid condi- tions the contracting parties mutually bind their respective per- sons and estates, real and personal, present and future, subject to
22
EARLY RECORDS OF ALBANY
all lords, courts, tribunals and judges. Done in Albany in pres- ence of Capt. Salisbury and Storm van der Zee, called as witnesses hereto, this 9th of August 1678.
Silve: Salisbury
JOHN CONELL A. TELLER
Storm van der Zee
Acknowledged before me, ROT. LIVINGSTON, Secretary
Deed from Barent Reyndersen to Gerrit Lansingh for a house and lot on Rom street in Albany
[7] In the absence of Secretary Livinghston appeared before me, Johannes Provoost, sheriff of Albany, and in presence of the Honorable Ritchard Prittj and Andries Teller, magistrates of said jurisdiction, the worthy Barent Reyndersen, who declares that he grants, conveys and makes over, as he does hereby in real and actual ownership and possession, to and for the behoof of Gerrit Lansingh a house and lot lying in Albany on the hill, on Rom street1 so named, bounded easterly by Jan Nack and westerly by Jan Vinhagen, breadth in front on the street one rod, two and a half feet, length on the west side three rods and eleven feet, breadth in the rear one rod, four and a half inches, length on the east side three rods and nine feet ; which he does by virtue of a patent to him, the grantor, given by the Right Honorable Governor General Francis Lovelace of date the 22d of August, Aº. 16702 to which reference is herein made; and that free and unicumbered, excepting only the lord's right, without the grantor's making any further claim thereto since he acknowledges himself fully paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Gerrit Lansingh, his heirs, successors, or assigns to do with and dispose of the aforesaid house and lot as he might or could do with his own patrimonial estate, promising to warrant and defend the same against any and all persons from all trouble, claims, or incumbrances which may hereafter arise, and nevermore to do nor cause anything to be done contrary hereto
1 Now Maiden Lane.
2 This was a confirmation of the conveyance by the magistrates to Barent Reyndersen dated June 8, 1668, for lot no. 13, "lyeing & being upon ye Hill, Conteyning in breadth before Two Rod fiue foot, & behynde Two Rod nyne foot & on ye West syde Three Rod & Eleaven foot haueing on ye West Goosen Gerrits on ye East Willm Bouts on ye South ye High street, & on ye North Do Schaets." Cf. Deed from magistrates to Goosen Gerritse for lot No. 12, in Early Records of Albany, 1 :434.
23
DEEDS 1678-1704
either with or without judicial proceedings in any manner what- soever, binding his person and property as by law provided. Done in Albany, this 9th of September Aº. 1678.
Richd. Pretty
A. Teller
BARENT REYNDERSEN
Acknowledged before me, JOHANNES PROVOOST, Sheriff
Deed from Barent Reyndersen to Jan Nack for a house and lot on Rom street in Albany
[8] In the absence of Secretary Livingston appeared before me, Johannes Provoost, sheriff of Albany, and in presence of the Right Honorable Anderies Teller and Ritcherd Pritty, Barent Reyndersen, who declared that he had granted, conveyed and made over, as hereby he does, in real and actual ownership and possession, to and for the behoof of Jan Nack, a lot lying on the hill in Albany on Rom street1 so called, being to the north of the street, to the east of Gerrit Lansingh and to the west of Willem Bout, breadth in front on the street, one rod, two feet and a half, in the rear one rod, four and a half inches, length to the west three rods and nine feet, to the east three rods and seven feet; which he does by virtue of a patent granted him, the grantor, by the Honorable Governor Francis Lovelace, of date the 22d of August 1670,2 to which reference is herein made, and that free and unincumbered, without any charges thereon, save the lord's right, and without the grantor's making any further claim thereto, acknowledging himself paid and fully satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforesaid Jan Nack, his heirs, successors and assigns to do with and dispose of the aforesaid lot, as he might or could with his own patrimonial estate and effects, promising to defend the same from any and all persons and free it from all trouble, claims and incumbrances which may hereafter arise, and nevermore to do nor cause anything to be done contrary to or against these, either with or without judicial proceedings, in any manner whatsoever, binding his person and property as by law provided. Done in Albany this 9th of September Aº. 1678.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.