USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 33
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Harma Lievese his heirs and assigns to ye Sole use Proper Benefite and Behooffe of him ye Said Harme Lievese his heirs and assigns for Ever and in his Quiet and Peaceable Possession and Zeizon against all Persones to warrt. and for Ever by these Presents Defend : In Wittnesse whereof ye Sd. Annetie Lievens hath hereunto Sett her hand and Seale in Albany on ye fourth day off feb : Aº. Do. 168% and in ye 2d. year of ye Reign of our Souveraign Lord James ye Second by ye grace of God of England, Scotland, france and Ireland, king Defendr. of ye faith Supream and only Lord of ye province of N: Yorke &
ANNETIE LIEVENS (L:S)
Sealed & Deliverd in ye prsence of Adriaen Gerritse Justis de pis Hendk. Cuyler Justice of de peace
Power of attorney from Cornelis Michielsen to Pieter Wog- lum, junior, and Jan Becker to manage his affairs during his absence
[347] Know all men whom it may interest and concern that I, the undersigned Cornelis Machielse, dwelling in this [city], have constituted and appointed, as I hereby in the most effectual man- ner do constitute and appoint, my good friends Pieter Woglum, junior, and Mr Jan Becker, dwelling in New Albany, my lawful attorneys, jointly and severally during my absence in all cases to re- present my person ; to look after and manage my business interests and affairs of whatever nature they may be; likewise of the proper persons to ask, demand and receive all my outstanding debts, claims and dues ; the delinquent, if any there be, by legal process to constrain to fulfil and perform whatever it is my good right to demand; to this end notice to serve, protest to enter and persons and property to attach, against all persons to proceed and either as plaintiff or defendant all terms of court to observe unto judg- nent and final execution thereof; with power also to agree, con- tract, compose and compromise; if need be, one or more persons : lites to substitute and the same to revoke; and especially also to make paymer:" for my lands bought of Myndert Fredrikse, smith, and from him a conveyance thereof to obtain and the same and all other my immovable and real property to convey and make over to the buyer or buyers thereof, putting the same in possession, seizin
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DEEDS 1678-1704
and ownership thereof and divesting, disinheriting and dispossess- ing me thereof according to custom and usage there; and further- more generally and specially all things to do either by or without re- sorting to law according to the proofs thereof which are herewith handed to the attorneys or which may hereafter be sent to them and which for the proper execution and furtherance of the matter or matters involved may in any manner whatsoever be required or demanded; and all as completely and with as much force, power and authority as I being present in person might or could do the same and my attorneys may think best and advisable; promising [348] at all times and irrevocably to approve and ratify what by my attorneys or their substitutes shall by virtue of these presents be done, transacted or performed in the matter aforesaid, binding myself thereto as by law provided. In witness of the truth of which these are signed and sealed in N: York, the 16th of October 1685.
Was signed : CORNELIS MACHIELSE (L. S.)
Signed and sealed in our presence as wit- nesses, Dirk Claesen Willem Hoppie Hendk. Janse van Fewide
Acknowleged before me, . WILLEM BOGARDUS, Notary Public
Recorded.
Deed from David Schuyler and his wife to Pieter Schuyler for two flats, one-half of lot no. 6 and one-half of the seventh part of the undivided land in the Saratoga patent
[349] To all Christian People to whom this present writing shall come David Schuyler of ye Citty of Albany merchant, and Catelina his wife send Greeting, Know ye that for and in Consideration of ye Sum of Seaven and Twenty Pounds Eighteen Shillings Currant money of this Province to them in hand paid, at and before ye Ensealeing and delivery hereof, by Peter Schuyler Esq". Present Mayor of ye Citty of Albany, the Receipt whereof ye Said David Schuyler doth hereby acknowlege, and thereof, and of every part and Parcell thereof, doth cleerly and freely, acquitt, Exonerate and
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Discharge ye Said Peter Schuyler his heirs, Executors, Adminis- trators, and assigns, and every of ym. for ever by these prsents, They ye Sd. David Schuyler and Catelina his wife, have granted, Bargained, Sold, aliened, Released, Enfoeffed, Transported and Confirmed, and by these prsents, doe fully cleerly and absolutely, Graunt, Bargain, Sell, Alien, Release, Enfoeff, Transport, and Con- firm, unto ye Said Peter Schuyler, Two Certain Flatts or Plains, Scituate lying and being at Sarachtoge on ye East Side of ye River, the one being a Flatt or Plain whereon Dubison a Frenchman now lives, and lyes over against ye lott Nº. 2 and 3 belonging to Jan Jansz Bleeker, and Dirk Wessells, the other Flatt or Plain being lower Down ye River, and is Commonly known by ye Eelant Vlakte,1 with ye woodland adjoyning to ye Said Vlatts or Plains, as far as ye Instrument of Partition mentions, dated ye 15th. day of April 1685, Together with ye half or moyety of all ye Share of ye Said David Schuyler in Sarachtoge, soe as ye Same is fallen to him by Lott in ye Division of ye Same, being ye Lott Nº. 6, as also ye half or moyety of ye Seaventh part of ye Land undivided at Sarachtoge, and all other Profitts, Commodities and appurtenances according to ye Tenure of ye Patent Granted by his Excellency, Tho: Dongan, Capt. Gen1. and Govr. in Cheiffe dated ye 4th. of Novemb 1684; unto ye Said David Schuyler and ye other Six mentioned in ye Same; The other half or moyety with ye Flatt or Plain, lying above ye Land of Cornelis van Dyk Deceased, being Nº. 7 belonging to Robert Livingston, Together with all and Singular ye Profits, Com- modities, appurtenances whatsoever to ye Sd. Flats or Plains and Premises or any Part or Parcell thereof belonging, or in any wise appertaining, or to or with ye Same, now or at any time heretofore, belonging, or used, occupyed or Enjoyed, as Part, Parcell or member thereof, and all deeds Evidences and writings; Touching and Con- cerning ye Premises only, TO HAVE AND TO HOLD ye Sd. Two Flats or Plains and all and Singular other ye Premises, with there and every of their appertenances, unto ye Sd. Peter Schuyler his heirs and assigns, to ye Sole and only proper use, benefit and behooffe, of ye Said Pr. Schuyler his heirs and assigns for ever and ye Sd. David Schuyler doth by these presents Covenant, Promise and Engage ye Sd. Two Flatts or Plains and premises, with their and every of their appurtenances and every part and Parcell thereof unto ye Sd. Pr. Schuyler, his heirs Executors, Administrators or assigns, in his and their Quiet and Peaceable Possession for ever,
1 Literally : "Elk Flat."
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DEEDS 1678-1704
by or from any other graunt or Conveyance whatsoever, made or to be made, by ye Said David Schuyler, or his heirs and assigns, In wittnesse whereof ye Said David Schuyler and Catelina his wife have hereunto Sett their hands and Seals, in Albany ye Eleventh day of march Anno Dom: one thousand Six hundred Eighty Six and Seaven, and in ye third year of ye Reign of our Souveraign Lord James ye Second by ye Grace of God, of England, Scotland, France and Irland King Defender of ye Faith & Supream Lord of ye Plantation and Colony of New York
Signd CATHLINA SCHUYLER (L:S)
Sealed and Deliverd in ye presence of
Johannes Wendel Justice of ye Peace
Livinus van Schaik Justice of ye Peace
DAVID SCHUYLER (L:S)
Deed from David Schuyler and his wife to Robert Livingston for one flat, one-half of lot no. 6 and one-half of the seventh part of the undivided land in the Saratoga patent
[350] To all Christian People to whom this present writing shall come David Schuyler of ye Citty of Albany Merchant, and Catalina his wife send Greeting Know ye that for and in Consideration of ye Somme of Seaven and Twentee Pounds, Eighteen Shillings, Cur- rant money of this Province, to them in hand paid at and before ye Ensealing and Delivery hereof, by Robert Livingston of Livingston in ye Dutchesse County Gentleman, the Receipt whereof ye Said David Schuyler doth hereby acknowlege, and thereof, and of every Part and Parcell thereof, doth Cleerly and freely, acquitt, Exonerat and discharge ye Said Robt. Livingston, his heirs, Executors, Ad- ministrators, and assigns, and every of ym. for ever, by these pres- ents, They ye Said David Schuyler and Catalina his wife, have granted, Bargained, Sold, aliened, Released, Enfoeffed, Trans- ported and Confirmed, and by these prsents doe fully cleerly and absolutely, graunt Bargain, Sell, Alien, Release, Enfoeffe, Trans- port, and Confirm unto ye Said Robert Livingston a Certain Tract or Parcell of Land Scituat lying and being, on ye East Side of ye River at Sarachtoge, Beginning at ye great Kill or Creek that comes Eastward out of the woods, and Runns into ye River being the Utmost bounds of Sarachtoge on ye East Side of ye River, and goes up ye Said Great Kill, till you come to the Rifft or Fall of
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waters, and so Southward along ye River Side to a Certain Kill or Creek known by the name of Meesen Kill which Kill divides ye Said Flatt or Plain and the Land of Cornelis van Dyk deceased ; with all ye wood Land adjoyning adjoyning 1 to the said Flatt or Plain as farr as ye Instrument of Partition mentions dated ye fif- teenth day of Aprill Aº. 1685 whereto this is Reffered together with ye half or moyety of all ye Share of ye Said David Schuyler in Sarachtoge, So as ye Same is fallen to him by Lott in the Division of ye Same being ye Lott Nº. 6, as also ye half or moyety of ye Seaventh part of ye Land undivided at Sarachtoge, and all other Profites, Commodities, and appurtenances, according to the Tenure of ye Patent, Graunted by his Excellency Thomas Dongan Capt. Gen11. and Governour in Cheiffe, dated the fourth day of November Aº. Dom 1684 unto ye Said David Schuyler and the other Six men- tioned in ye Same, the other half or moyety with the Two flatts, one whereof lyes over against No. 2 and Nº. 3 and the other calld the Eelants Vlakte, belonging to Peter Schuyler Together with all and Singular ye Profits Commodities, and Appertenances whatsoever to ye Said Flat or Plain or any part and Parcell thereof belonging or in any wise appertaining, or to or with ye Same, now or any time heretofore Belonging, or used occupyed, or Enjoyed, as Part Par- cell or member thereof, and all Deeds Evidences and writings touching and Confirming the Premises only. TO HAVE AND TO HOLD ye Said Flatt or Plain and all and Singular other ye Premises, with their and every [351] of their appertenances, unto ye Said Robert Livingston his heirs and assigns, to ye Sole and only Proper use, bene- fit and Behoofe, of ye said Robert Livingston his heirs and assigns for ever ; and ye Said D. Schuyler, doth by these prsents Covenant, Promise, and Engage, the said Flatt or Plain and Premises, with their and every of their appertenances, and every Part and Parcell thereof unto ye Said Robt. Livingston his heirs Executors Ad- ministrators or Assigns in his and their quiet and Peaceable Pos- session for ever, by or From any other Graunt or Conveyance Whatsoever made or to be made by ye said David Schuyler or his heirs and assigns ; In wittnesse whereof ye Said David Schuyler and Catalina his wife have hereunto Sett their hands and Sealls in Albany ye Eleventh day of March Anno Dom: one Thousand Six Hundred Eighty Six and Seaven and in the Third year of ye Reign of our Souveraign Lord James ye Second by ye grace of God of
1 Thus in original.
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DEEDS 1678-1704
England, Scotland, France and Irland king, Defender of ye Faith & Supream Lord of ye Plantation and Collonie of New York Signd CATHALINA SCHUYLER DAVID SCHUILER -
ye Seale (L:S :) hanging The (L:S:) Seale to ye dead hanging to ye [deed]
Sealed and Delivered in ye Presence of Johannes Wendel Justice of ye Peace
Livinus Van Schaik Justice of ye Peace
Articles of agreement between Pieter Schuyler, Jan Jansen Bleecker, Dirck Wessels, Johannes Wendel, Robert Living- ston, David Schuyler and Cornelis van Dyck for the division of the arable land of Saratoga
[352] Articles of agreement made by [the seven partners] 1 in- terested in the lands named Saraghtoge [for a division]1 of the arable land into seven parts, which land at [the request] 1 of said seven partners has been laid out into seven lots numbered from I to 7 by Mr Marte Gerritse in the presence of Gerrit Gysbertse, Cornelis Gysbertse, Peter Davidtse Schuyler and Melgert Wyn- antse. The land is divided as hereinafter specified under the afore- said numbers, whereby it shall appear that regard has been had to the location of the land and homesteads, so that one lot contains more morgens than another, but as the lots (as hereinafter de- scribed) are to be drawn, each of the partners is fully agreed, as we hereby declare, that there shall be no change or alteration here- after, but that each shall hold himself content with the lot which he shall draw, without one nearing the other further than the lots shall stipulate and mention.
Lot no. I begins at the foremost land on the west shore by the kill where we last winter slept at night, called by the Indians [blank] and runs northward up along the river to a post standing on the shore which is marked no. I, and thence runs from the shore through the first flat to a marked oak tree in the cripple bush (Creupel Boss) which is marked no. I; and the person to whom
1 Manuscript mutilated. The deed from the Indians, dated July 26, 1683, printed on p. 195-97, conveyed the land to Cornelis van Dyk, Jan Janse Bleeker, Peter Phil: Schuyler and Johannes Wendel, but the patent of November 4, 1684, adds the names of Dyrick Wessell, David Schuyler and Robert Livingston, who, it says, are equally concerned in the purchase of said tract of land.
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falls lot no. I may take his homestead in lot no. 2 on the wood side, it being understood that he who draws no. 2 shall have the first choice of a homestead and then no. I shall take but one morgen for his homestead, with the express condition that if no. I does not build on this morgen of land, no. 2 shall keep it till no. I builds thereon and uses it for his homestead.
Lot no. 2 begins at the post on the shore where no. I ends and runs northward up along the river across a little kill to a tree on the side of a still water (Doove kill) marked no. 2, and extends therefrom into the woods.
Lot no. 3 begins at the boundary of no. 2 and runs along the river northward to an oak tree on the shore marked no. 3 and thence straight across the land into the cripple bush by an ash tree also marked no. 3. The person who gets no. 3 shall have the priv- ilege of taking his homestead within the limits of no. 4 by the viss- kill (fish kill) in the same way and on the same conditions as no. I with regard to no. 2 and not otherwise, it being understood that he must remain one hundred rods south of the homestead of no. 4.
Lot no. 4 begins where the land of no. 3 ends and runs north- wards to the visskill.
Lot no. 5 contains all the land lying to the north or on the other side of the visskill away up as far as the rights extend, to which is joined the marsh (vley) on the west shore between the still water and the land now laid out in lots.
Lot no. 6 begins at the great kill on the east shore where the watershed (water sheydingh) is to the north and extends along said great kill on the east shore to the rift and thence southwards down the river to a kill known by the name of Meesen kill, where- to shall belong (because the lot is small) two flats below no. 7, the one flat lying over against lots nos. 2 and 3 and extending there- from southwards down the river to a flat to us known by the name of the Eelants (Elk's) flat, which flat is also comprehended in no. 6 and lies on the east bank about halfway between the land the marsh (vley) with all the foreland (avance) that lies between lot no. 7 and the aforenamed Eelandts flat.
Lot no. 7 begins on the south side of Meesen kill and compre- hends the whole flat that lies in one piece extending down the river, embracing the woods and the cripple bush lying therein and ends on the south end at a little kill next to a cripple bush.
It is to be observed that all the land embraced and mentioned in the patent of Saraghtoge granted to us, the undersigned seven partners, under date of November 4, 1684, and which is not men-
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DEEDS 1678-1704
tioned and expressed in the seven allotments aforesaid shall remain and be in common, always with the understanding that each [part- ner's claim] shall extend two hundred rods behind his land into the woods, of such width as his lot is, except that one shall be free to cut and haul timber and fire wood outside another's homestead and fences without hindrance or molestation by anyone.
The persons who draw nos. 6 and 7 on the east shore shall have the right of a common road over the arable land on the west shore where it shall be judged to be most convenient by the seven part- ners ; likewise, the man who shall dwell over the visskill (fish kill) shall have a right of way according to decision as above.
The allotment was made by means of seven tickets in a hat which were drawn without fraud or deceit by the children of the seven partners as follows :
Lot no. I was drawn by Peter Schuyler
Lot no. 2 was drawn by Jan Jansze Bleeker
Lot no. 3 was drawn by Dirk Wessells
Lot no. 4 was drawn by Johannes Wendel
Lot no. 5 was drawn by Robert Livingston
Lot no. 6 was drawn by David Schuyler
Lot no. 7 was drawn by Cornelis van Dyk
It is agreed by the aforesaid seven partners that if hereafter the Indians should make any claim to the land, no matter whose lot or land it may be, the seven partners, or their heirs or assigns, shall equally bear and pay for the same and no one shall pay more than another. Thus done and performed without fraud or deceit, where- with we declare that we are altogether well satisfied, in Albany the 15th of April 1685, in the presence of Mr Marte Gerritse and Mr Richard Pretty as witnesses called hereto.
As witnesses : Marten Gertsen Richd. Pretty
Was signed :
PIETER SCHUYLER JAN JANSZ BLEECKER
DIRCK WESSELLSE JOHANNES WENDEL
ROBT. LIVINGSTON
DAVIDT SCHUYLER CORNELIS VAN DYCK
[End of volume 3 of Deeds]
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35I
DEEDS 1678-1704
DEEDS, VOLUME 4
Deed from Wouter Uythoff and Elisabeth de Lendt (van der Linden) to Claes Laurence Purmerent for farm No. 10 and a corner lot in the village of Schenectady
[35] 1Know all men by these presents that Teunise Cornelis Swert in his lifetime received and obtained a certain parcel of land at Shinnechtade marked n1. 10, lying over the Third kill, to the east Nº. 9 and Nº. 6, to the west Nº. 9 and No. 8, south of the kill,2 to the river south by west four and sixty rods, comprising four and twenty morgens, five hundred and seventy-six rods according to the Dutch patent thereof, granted by the late Governor Peetrus Stuyvesant of date the 16th of June 1664, and confirmed by the Governor Rit[c]hert Nicolls according to patent of date the 15th January 1667. Likewise the magistrates of Shinnechtady have conveyed and made over to the behoof of Elysabeth van der Linde, widow of the late aforesaid Teunise Cornelise Swert, in the name of her second husband Jacob Meuse Vroman, a certain corner lot in
1 The following pages contain, besides Professor Pearson's translations of the Dutch documents in volume 4 (or D) of Deeds, copies of a few English bonds and memoranda which were appended to these Dutch documents and which were needed to make the record of the transactions complete. The remaining portions of the volume, which are in English, have been omitted, hence the lack of sequence' in the original page numbers inserted in the text. The volume is lettered on the back " 1688-1708," and the first page is headed : " In the Name of God amen Record of Conveyances and Mortgages of houses & Lands in ye. Citty and County of Albany Begunn Pmo. January 168%." The first deed is dated December 21, 1688, recorded January 1, 168%,. and the last deed September 26, 1705, sworn to September 28, 1705, but there are a few documents of earlier date than the one first recorded and two receipts respectively of May 1, 1707, and May I, 1708. Moreover, at the end of the volume, there are five pages of proceedings of the Court of Sessions for the town and county of Albany, of March 3, 168}, and June 2, 1685, which like the majority of the deeds are in English and have not been included in the present publication.
2 Nº. 10: gelegen over d'Derde Kill, beoosten No. 9 en No. 6 bewesten No. 9 en No. 8 Suyt vant Geberghte, which in the confirmatory patent of Jan. 15, 1667, reads : " over ye 3d Creek or Kill markt wth. No. 10 to ye East of No. 9 & Nº. 6 to ye west of No. 9 & Nº. 8. to ye South of ye Hills." About this farm No. 10, see Jonathan Pearson. History of the Schenectady Patent, p. 67-68, where the date of the patent is by mistake given as January 16, 1667.
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EARLY RECORDS OF ALBANY
the village of Shinnectady lying over against the Blockhouse (to wit the Church), in length two hundred feet and in breadth one hun- dred and seventy feet, having to the south and west the streets and to the east Jan Labathe, according to conveyance of date the 7th of February 1683; and whereas the aforesaid Elysabeth van der Linde some time before her second marriage with Jacob Meuse Vrooman, deceased, bought out all her children procreated by the aforesaid Teunise Cornelise Swart with regard to their father's patrimonial estate, therefore the aforesaid Elysabeth van der Linde has sold all the aforesaid farm lands with the said lot and the house, barn and ricks, etc., thereon standing to Claes Laurence Purmerent1 for the sum of five hundred and forty beavers, except- ing that her son Esias Swert from the aforesaid land is to have [36] forever and as an estate of inheritance a small parcel of land in the corner where in the year 1681 pease were sown, all according to contract of sale thereof dated the 30th of June 1681. For which parcel of land, lot, house, barn, ricks, etc., the aforesaid Claes Laurence Purmerent the aforesaid five hundred and forty beavers has fully paid ; therefore Wouter Uttenhoffe and his present wife Elisabeth van der Linden aforenamed have granted, conveyed and made over, as they hereby do grant, convey and make over, to Claes Laurence Purmerent the said farm lands and the lot whereon the house, barn and ricks stood in real and actual possession for- ever and as an estate of inheritance to the behoof of the afore- named Claes Laurence Purmerent, his heirs, administrators, or those who hereafter wholly or in part may receive his claim, to dis- pose of said farm lands and lot and the right and title thereof according to their pleasure, promising the same to warrant and defend from all claims and demands from whomsoever it may be, for which the aforesaid grantor and his wife bind their persons and estates, real and personal, present and future, nothing ex- cepted, submitting the same to all courts and judges and in acknowl- edgment of the truth hereof they have signed and sealed the same on this twenty-fifth day of April, at New Albany, in the fourth year of their Majesties' reign, William and Mary, King and Queen of
1 Professor Pearson here supplies the name "Van der Volgen" while in the History of the Schenectady Patent, p. 67, 173, he calls him "Claas Laurense Van Purmerend (alias Van der Volgen)." Purmerend is a city not far from Edam in the province of North Holland.
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DEEDS 1678-1704
England, Scotland, France and Ireland, defenders of the Faith, Anno Domini 1692.
Signed, sealed and delivered in pres- ence of Paulus Martense Johannes Glen
N. B. That the eldest son of Elisabeth van dr. Linden, procreated by her first hus- band Teunis Cornelise Swart, the afore- said purchase of land under date of the 30th of June 1681 and also the above con- veyance approves of and confirms forever and ever and in acknowledgment of the truth thereof has signed and sealed this with his own hand
Was signed : CORNELIS SWART (L. S.) WOUTER UYTHOFF (L. S.) ELISABETH DE LENDT (L.S.)
Recorded 7 January 1693
Grant of water rights on Beaver kill from the deacons of the Dutch Reformed Church at Albany to Melgert Wynantsen van der Poel
[52] Know all men by these presents that we, the undersigned, Hendrik van Renselaer and Anthony van Schaik, deacons of the Nether-Dutch Reformed Church of Albany, declare that by virtue of a certain grant which the deacons of this church received from the Hon. Mayor Pieter Schuyler, dated the 4th of October 1689,1 they have thereof sold and conveyed, as hereby they do convey, to Melgert Wynantsen van der Poel and his heirs the water rights on the Bevers kill below the falls where his sawmill now stands, to maintain a sawmill there, together with one morgen of land adja -. cent thereto on the north side of the kill, [to have and to hold the same] forever, with this reservation that the aforesaid Melgert van der Poel and his heirs or assigns must pay as rent to the ruling deacons of this church two beavers in boards and four boards more,
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