USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 25
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254
EARLY RECORDS OF ALBANY
with and dispose of the aforesaid house, barn, rick, orchard and land as he 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 according to law and further, nevermore to do nor cause anything to be done contrary hereto in any manner, binding herself thereto as by law provided.
Done in Albany, the 29th of December 1684.
MAERGRIET SCHULER In my presence, ROBT. LIVINGSTON, CI.
J : Wend!
W : Teller
Thus far the copies of conveyances above £50 sent to Mr Spragge to be registered according to act of the assembly of the [blank] being in all 6.1
Deed from Benjamin Roberts to Juriaen Jansen van Hoesen for a house and lot in Albany
[266] Appeared before us, the undersigned justices of the peace for the county of Albany, Benjamyn Roberts, husbandman dwell- ing at Maelwyk above Schinnechtady, who declared that he granted, conveyed and made over in true, rightful and free owner- ship to and for the behoof of Juriaen van Hoese a certain house and lot standing and lying here in Albany with all that thereon is fast by earth and nail, being a corner house to the north of Maj. Abraham Staets, in length on the south side five rods, four feet and two inches, to the north five rods, two feet, five inches, in breadth to the east on the brewery of Sybrant van Schayk one rod and ten feet and to the west one rod and seven feet and ten inches, Rhineland measure; which he, the grantor, does by virtue of the conveyance received by him from Jan Rinckhout, dated the 27th of March 1678,2 to which reference is herein made, and that free and unincumbered, without any charges thereon, or
1 This refers to the act entitled : " An act to prevent ffrauds in conveyanc- ing of lands," passed November 3, 1683, which provided that after the 25th of December following no grants, deeds, mortgages or other conveyances of lands or tenements within the province of New York would be valid unless recorded within six months by the clerk of the county where such lands or tenements lay, and that once every year the clerk of each county must transmit to the secretary's office at New York for registration in that office, together with the fees ordained for the same, all conveyances exceeding the sum of fifty pounds. See Colonial Laws of New York, 1:141-42 (published as Assembly Documents, 1895, v. 23, no. 107, pt I).
2 No record of this conveyance is found.
255
DEEDS 1678-1704
issuing out of the same (saving the lord's right), without the grantor's having any further claim in the least thereon, acknowl- edging that he has received the sum of thirty-six beavers, being the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Jurian Janse van Hoese, his heirs, successors or assigns to do with and dispose of the same as he 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 according to law and further nevermore to do nor cause anything to be done contrary hereto in any manner, binding himself thereto as by law provided.
Done in Albany, the 30th of December 1684.
This is the mark X of BENJAMYN ROBBERTS, made with his own hand hand In my presence,
ROBT. LIVINGSTON, Cl.
Deed from Johannes Clute, nephew and heir of the late Capt. Johannes Clute, to Jan van Loon for one-third of a tract of land opposite Claverack
[267] Appeared before us, the undersigned justices of the peace for the county of Albany, Johannes Cloet, in capacity of heir of his uncle the late Johannes Cloet, who declared that he granted, conveyed and made over in true, rightful and absolute ownership to and for the behoof of Jan van Loon a just third of a tract of land over against the Claverak which his uncle Johannes Cloet, deceased, owned jointly with Jan Bruyns and Jurian Teunise, as the patent1 thereof granted by the Honorable General Richd. Nicoll [s] to Capt. Cloet, deceased, Jan Bruyns and Jurian Teunise will prove; which land lies on the west side of the North river over against Claverak, named by the Indians Caniskeek, extending along the river from Pr. Bronk's land to the marsh (vly) by the point on the mainland lying behind Barents island; which afore- said just third part the grantor conveys to Jan van Loon as it was possessed by his late uncle, except the land which his late uncle and his partners conveyed to Marte Gerrittse on the 28th of March 1681, as well as the twenty morgens of land lying on the Moordenaers (Murderer's) kill with the homestead lying thereby which his late uncle conveyed to Wyntie Harmens,2 as
1 This patent was dated May 25, 1667; see p. 120, note.
2 The daughter of Harmen Thomassen Hun; see p. 120.
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EARLY RECORDS OF ALBANY
appears by the conveyance dated the 7th of April 1681, which said piece of land Capt. Cloet, deceased, with the knowledge and consent of his partners gave to the said daughter, because his partners Jurian Teunise and Mynd. Frederikse each took possesion of a place on the shore, in return for which the elder Cloet deceased obtained and received this donated piece of land. And whereas the late Capt. Cloet conveyed the aforesaid tract of land with all his rights (excepting the two aforesaid parcels) to Pr. Bosie and Jan van Loon on the 7th of April 1681 1 and immediately caused a bond and mortgage or special pledge of said land to be made, with the express condition that if either of these persons, that is, Pr. Boise or Jan van Loon, failed to pay twenty-five beavers each, his half of the land might be attached, and whereas Pr. [268] Bosie has failed to pay the promised money according to the mortgage, which Jan van Loon has duly satisfied, that is, the sum of fifty beavers, the receipt of which is hereby acknowledged, therefore, the grantor conveys the said tract of land to Jan van Loon alone and to his heirs forever, to have and to hold the same to the behoof of the said Jan van Loon, his heirs or assigns, to do therewith and to dispose thereof as he might do with his own patrimonial estate and effects, promising to warrant and defend the same against all persons from all lawful liens, claims and in- incumbrances and further nevermore to do nor cause anything to be done contrary hereto in any manner, binding himself thereto as by law provided.
Done in Albany, the 2d of February 168g.
Johannes Wendel
JOHANNES CLUT
In my presence, ROBT. LIVINGSTON, Cl.
I, the undersigned, declare hereby that I release Jan Cloet, who has signed the foregoing deed, from all damage, claims and demands · which may arise by reason thereof from Pr. Bosie or from any of his heirs, inasmuch as the term of the mortgage in which he is concerned also has not yet expired. In witness whereof I have signed this with my own hand in Albany, the 2d of Feb- ruary 168%.
JAN VAN LOON In my presence,
ROBT. LIVINGSTON, Cl.
1 See p. 121-23.
257
DEEDS 1678-1704
Deed from Johannes Clute, heir of Capt. Johannes Clute, to Symon Schouten for land at Canastagioene (Niskayuna)
[269] Appeared before us, the undersigned justices of the peace of the county of Albany, Johannes Clut, in capacity of heir of his uncle Johannes Clute, deceased, who declared that he granted, con- veyed and made over in true, rightful and free ownership to and for the behoof of Symon Schoute two pieces of land lying at Can- astagioene on the south side of the Maquas river on the great flat, being all the right and claim which Capt. Cloet, deceased, had on the river bank, to wit, one piece of about ten morgens in size, adjoining on the land of Culis 1 and Hann, and the other piece also on the great flat of about six morgens in size bounding on the land of Jan Spoor, on the express condition that on the height along the shore a path shall remain, also that he, the buyer, Symon Schoute, shall be holden to maintain a fence along the stone hill, which he, the grantor, does by virtue of the conveyance obtained by his late uncle from Klaes Janse van Bockhoven, of date the 3Ist of October 1677; 2 likewise there is conveyed to said Schoute the land on the height for a farmstead on which his house and barn stand, beginning from the claim of Culis that was given him and so along the boundary of Culis's land to his, Symon Schouten's, land, and on the other side to the northwest unto the garden of Jan Thymese, on condition that Jan Thymese or his successors shall have a free passage through Symon Schouten's land to his own land, keeping the same width, to the arable land of Symon Schouten ; and that all free and unincumbered, without any charges thereon, or issuing out of the same (saving the lord's right), without the grantor's having any further claim in the least thereon, acknowledging that he is fully paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Symon Schoute, his heirs, successors, or assigns to do with and dispose of the aforesaid land and ap- purtenances thereof as he 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 according to law and further nevermore to do nor cause anything to be done con- trary hereto in any manner, binding himself thereto as by law provided.
Done in Albany, the 2d of February 168g.
In my presence, JOHANNES CLUT
ROBT. LIVINGSTON, Cl.
1 Gerrit Claessen [van Vranken?]; see p. 83.
2 See Early Records of Albany, I :167-68, erroneously dated October 21, 1677. 17
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EARLY RECORDS OF ALBANY
Deed from Symon Schouten to Jan de La Warde for land at Canastagioene (Niskayuna)
[270] Appeared before us, the undersigned justices of the peace of the county of Albany, Symon Schoute, who declared that he granted, conveyed and made over in true, rightful and free owner- ship to and for the behoof of Jan de La Warde a piece of arable land lying on the great flat at Canastagioene, on the south side of the Maquas river, in size about six morgens, bounding on the land of Jan Spoor and so on to the river, keeping the same width as Jan Spoor's land, on this condition that the aforenamed Jan Spoor must build and always maintain the fence between his and this aforenamed land, to wit, he, Jan Spoor, or whoever may receive title from him hereafter; which he, the grantor, does by virtue of the conveyance received by him this day, date underwritten, from Johannes Cloet; and that free and unincumbered, without any charges thereon or issuing out of the same (saving the lord's right), without the grantor's having any further claim in the least thereon, acknowledging that he is fully paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Jan de La Warde, his heirs, suc- cessors, or assigns to do with and dispose of the aforesaid piece of land as he 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 according to law and further nevermore to do nor cause anything to be done contrary hereto in any manner, binding himself thereto as by law provided.
Done in Albany, the 2d of February 168g.
The mark X of SYMON SCHOUTE, made with his own hand In my presence, ROBT. LIVINGSTON, Cl.
Bond and mortgage by Symon Schouten to Johannes Wendel
[271] Appeared before me, Robt. Livingston, secretary of Al- bany, colony of Rensselaerswyck, etc., in presence of the Honorable Pr. Schuyler and David Schuyler, magistrates of said jurisdiction, Symon Schoute who declared himself to be honestly and truly in- debted and in arrears to Mr Johannes Wendel or to his heirs in a capital sum of four hundred and seventeen guilders, twelve stivers in beavers, which principal sum draws interest at six to the hundred
259
DEEDS 1678-1704
yearly, being for goods received and for money advanced to his content ; which aforenamed sum of fl.417:12 in beavers the sub- scriber promises to pay to the aforenamed Mr Johannes Wendel, his executors, administrators or to his order within the time of six years from the date hereof with current interest to be reckoned from today at a half per cent a month till the day of final and effectual payment; and if the subscriber meanwhile shall reduce or pay a part of the principal sum, interest at the rate of one-half per cent a month shall be paid for the remainder: For the pay- ment of which principal sum and interest the subscriber specially binds and mortgages his farm of ten morgens of land lying on the great flat at Canastagioene, bounding upon the land of Culis and Hann, to him this day conveyed by Johannes Cloet, and generally his person and estate, real and personal, present and future, noth- ing excepted, submitting the same to the authority of all lords, courts, tribunals and judges, for the collection of said capital sum with the current interest without. loss and expense. Done in Al- bany on the second day of February 1681.
The mark X of SYMON SCHOUTE, made with his own hand. In my presence,
ROBT. LIVINGSTON, Cl.
Deed from Westenhook Indians to Lucas Santen, John Spraggs, Dirck Wessels and Cornelis van Dyck for land on Westenhook creek
[272] 1 Know all men by these Presents that wee underwritten Indian owners & Native Proprietors off ye Land called Westen- hook, vizt. Nischotawa, Awaanpaak, and Panemat ye Sonne off Ottonowa who is Impowred by his Father, for and in Consideracon of these following goods in hand Paid, to witt Twenty faddom black wampum, Twenty faddom white wampum four Blankets three faddom Stroudwaters Six faddom Duffels, Two Stroudw: Coats, three Duffels Coats, three Childrens Coats, Six Shirts, three gunns, four kitles, four baggs of Pouder six axes, six pare of Stockings Two hoes, Two half fatts Strong Beer, four fatts of Rom, twalf Pair of Shissers Twelf Combs, Two Rolls of Tobacco Twenty knives Twenty barrs of Lead and thirty aulls, the Receit whereof
1 In English.
260
EARLY RECORDS OF ALBANY
wee doe oune and acknowledge, and off ye Payment doe fully dis- charge, have bargained Sold, aliened and Transported and by these Presents doe Bargain, Sell, alien, and Transport all our Rigth Title and Intrest unto Lucas Santen Esqr. his R : highs. Co1. John Spragge Esqr. Secry. of ye Province, Dirk Wessells & Cornelis van Dyck and to there heires and assigns for Ever (they haveing a graunt from ye Right honble. Col Thomas Dongan Govr. Gen1. dated ye II of January 1683 to Purchase ye Same) In a Certain Tract or Parcell of Land, Scituate Lying and being on a Certain Creek Called Westenhook ; beginning att ye great fall of waters, Called by ye Natives Pawachtuek, and Soe Running up northerly, both Sides of ye Creek ; to witt on ye west side as farr as ye flatt Land, belonging to an Indian called Panaskenak, Containing four flatts or Plains ye Southermost next to ye falls called Kenachkehantick, ye next Achneganick, ye 3d. Awaankaniss and ye fourth flatt or Plain which is ye northermost bounds on ye west Side of ye Creek called Taashammik, And on ye East side of ye kill or Creek from ye sd. falls Running up northerly Containing also four flatts or Plains ye first next to ye falls being a greatt flatt or Plain and ye Southermost Part thereof called Pacachkook and ye north end Soquawaen, ye Second Plain Nananachquak ; ye 3d. Flatt Taasham, and ye fourth or northermost flatt called Machemene Pakak, Running northerly to a Creek or kill yt. comes out of ye woods called Wata Pichkaak, and soe Running into ye woods from both sides of ye Creek East- ward and westward to ye high hills as far as ye owners Propriety streeches [273] And Southerly below ye falls on both sides of ye Creek as far as to ye Land off Machaktehank, together wt. all our Right, Title and Intrest, in all ye woods, Lands, Pastures, medows, marches, Creeks, kills, Rivelets, Trees, Timber, wt. all oyr. Com- modities, Emulements and Conveniencies thereunto, appertaining. and belonging, to have and to hold, ye Said Tract and Parcell of Land and Premises, to them ye Said Lucas Santen, John Spragge, Dirk Wessells, and Cornelis van Dyck there heires and Assigns for Ever, and in ye quiet full and Peaceable Possession of ye Said Tract and Parcell of Land and Premises them ye Said Lucas Santen, John Spragge, Dirk Wessells & Cornelis van Dyck, there heires and assigns to keep and mentain, wee binde ourselfs our heires and assigns for Ever firmly by these Presents. In wittnesse whereoff wee have hereunto Putt our marks & Seals in ye Presence of Pr. Schuyler & David Schuyler Justices of ye Peace ; and Interpreted by Arnout Corn : Viele Sworn Interpreter, in Albany ye fourth day of
26 1
DEEDS 1678-1704
february in ye Seven & thirtieth year of his majst. Reign Annoq. Dom. 168g.
ye words between ye 13 and 14 line ) - i was interlined before signing The mark of X NISHOTAWA [L. S.] The mark X of AWAANPAAK [L. S.] Tmerk X VAN PANEMATT [L. S.] The mark X of Wattawitta
Sachem of ye Mahikan- ders as Witnesse -
The X mark off mamatamitt
as a witnesse Signed & Sealed in ye Presence of Pieter Schuyler Justis of the peace Davidt Schuiler Justus of the peace
Arnout Corn: Viele tolck 1
My Present ROBT. LIVINGSTON Cl.
Bond and mortgage of Jan Verbeeck to Stephanus van Cortlant and Jacob Sanders Glen, attorneys for the late Volkwen Momma, merchant at Amsterdam, with assignment of mort- gage to Johannes Cuyler and satisfaction by him
[274] Appeared before us, the undersigned justices of the peace for the county of Albany, Mr Jan Verbeek, ex-magistrate, who ac- knowledges and declares that he is honestly and truly indebted to Mr Stephanus van Cortlant and Mr Jacob Sanders Glenn, at- torneys for Mr Volkwen Momma,2 in his lifetime merchant at Amsterdam, in the sum of four hundred and sixty-two guilders and seven stivers in beavers, growing out of goods and merchan- dise which he to his content received of the late Jan Bastiaensen van Gudsenhooven,3 in his lifetime factor for Mr Momma, for which sum the subscriber executed a mortgage in favor of said Jan Bastiaense van Gudsenhooven upon his house and lot standing and
1 Tolck is Dutch for Interpreter.
2 Volkwen, or Folkwin, Momma may have been a brother of Maria Momma, the wife of Wouter van Twiller. In the letter book of Jeremias van Rensselaer among the Rensselaerswyck Mss are several letters addressed to Maria Momma about business matters that had been intrusted to Jan Bastiaensen van Gudsenhoven and in which she seems to have had an interest. Cf. Release on p. 340.
3 He died in the colony of Rensselaerswyck in 1666 or 1667; see l'an Rensselaer Bowier Mss, p. 844.
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EARLY RECORDS OF ALBANY
lying here in Albany, then Beverwyk, before Mr Johannes La Montagnie, Abraham Staets and Adriaen Gerritsen, then in office as by said mortgage and special pledge appears, dated the 30th of July 1661, which is held in full force and virtue and hereby con- firmed, excepting that the lot which he sold to Reynier Schaets with consent of Jacob Sanders, attorney of the said Mr Momma, which shall not be comprised therein; which aforesaid sum of fl.462:7 he, the subscriber, promises to pay to the aforenamed Mr Steph: van Cortlant and Mr Jacob Sanderse Glenn, attorneys for said Mr Volkwen Momma, or to their order and that in good, whole, salable beaver skins at eight guilders a piece, therefore binding specially his new house wherein he, the subscriber, at present dwells, with the adjoining lot or alley of five feet, lying between the houses of Marte Gerritse and Reynier Shaets aforenamed, which lot is in breadth behind fifteen feet and some inches; and generally his person and estate, real and personal, present and future, nothing excepted, for the recovery if need be of the aforewritten sum without loss and expense, all under guaranty as herein before stated. Done in Al- bany, the 17th of February 168g.
Johannes Wendel Justes of de pees
JAN VERBEECK (L. S.) In my presence, ROBT. LIVINGSTON, CI.
Memorandum. Whereas Johannis Cuyler of the city of Albany has bought the right and interest in the debts and claims due to Mr Momma and others heretofore executed by the aforenamed Jan Bastiaense van Gudsenhooven of his heir Mr Volequyn Kip, merchant at Amsterdam, according to the bill of sale dated Sep- tember 18, 1696, therefore I, the undersigned, assign the contents of the above written mortgage to said Johannis Cuyler or to his order. As witness my hand in N : York, May 19, 1697.
Was signed: S: V : CORTLANT Alb: ye It of May 1702
The Contents of ye above mortgage of Jan Verbeek Decd. Received of Wouter van der Zee in four severall times doe there- fore Exonerate and Discharge ye. sd. mortgage as witnesse my hand
JOHANNES CUYLER
263
DEEDS 1678-1704
Deed from Ryck Claessen to Johannes Wendel for a house and lot in Albany
[275] Appeared before us, the undersigned justices of the peace for the county of Albany, Ryck Claese, husbandman dwelling at Canastagioene, who declared that he granted, conveyed and made over in true, rightful and absolute ownership to and for the behoof of Mr Johannes Wendel a house and lot standing and lying here in Albany on the hill, between the house of the heirs of Wm. Parker, deceased, and the common alley of the houses of Ands. Teller and Gert. Hartenbergh ; in breadth twenty feet and in length three rods and a half, all Rhineland measure, as the same lies inclosed in its fence ; which he, the grantor, does by virtue of the conveyance re- ceived by him from Wm. Parker, dated the 13th of October 1671,1 to which reference is herein made, and that free and unincumbered, without any charges thereon or issuing out of the same (saving the lord's right), without the grantor's having any claim in the least thereon, acknowledging that he is fully paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Mr Johannes Wendell, his heirs, successors, or assigns to do with and dispose of the aforesaid house and lot as he 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 according to law and further nevermore to do nor cause anything to be done contrary hereto in any manner, binding himself thereto as by law provided.
Done in Albany, the 18th of February 168 ;.
RYCK CLAESSEN (L. S.) In my presence, ROBT. LIVINGSTON, Cl.
Deed from Johannes Clute, nephew of the late Capt. Johannes Clute, to Johan Friese (Vries) for a parcel of land behind the house and lot of the grantee
[276] Appeared before us, the undersigned justices of the peace of the county of Albany, Jan Cloet, heir of his uncle the late Johannes Cloet, who declared that he granted, conveyed and made over in true, rightful and absolute ownership to and for the behoof of Johannes Vries, burgher and inhabitant of this place, a certain parcel of land lying behind the house and lot of the grantee, be-
1 See Early Records of Albany, 1:490.
264
EARLY RECORDS OF ALBANY
tween the lot of Marte Cregier and him, the grantor; the parcel of land that now the grantor to him, Johannes Vriese, is conveying is in length eighteen wood feet and as broad as the grantee's house and lot is, viz, sixteen wood feet and one inch, which was conveyed to him by his uncle, deceased, on the 27th of March 1680,1 that is eighty wood feet; and afterwards was conveyed to said Vries by his uncle, deceased, thirty wood feet on the 14th of November 1681,2 and is together with these eighteen feet all together one hundred and twenty-eight wood feet long and sixteen wood feet and one inch broad as by the respective deeds thereof more at large appears ; which he, the grantor, does by virtue of the conveyance to his uncle Joh : Cloet, deceased, by Jan Lansingh, dated the 10th of April 1679,3 to which reference is herein made, and that free and unin- cumbered, without any charges thereon or issuing out of the same (saving the lord's right), without the grantor's making any further claim thereto whatsoever, acknowledging that he is paid and satis- fied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforenamed Jan d'Vries, his heirs, successors or assigns, to have and to hold the aforesaid parcel of land forever, promising to warrant and defend the same against all persons from all lawful claims, liens and demands and further nevermore to do nor cause anything to be done contrary hereto in any manner, binding himself thereto as by law provided. Done in Albany, the 21st of February 1683.
Signed and sealed in
presence of us,
JOHANNES CLUT (L. S.)
Willem Teller
In my presence, ROT. LIVINGSTON, Secretary
Deed from Pieter Bosie to Jan van Loon for a parcel of land opposite Claverack
[277] Appeared before us, the undersigned justices of the peace of the county of Albany, etc., Pieter Bosie, inhabitant of this county, who declared that he granted, conveyed and made over in true, rightful and absolute ownership to and for the behoof of Jan van Loon, his heirs and assigns, all his right and title in a certain parcel
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