USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 34
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1 This grant was from the mayor, aldermen and commonalty of Albany to the deacons of the Nether-Dutch Reformed Church for "a Certain fall of waters for a Saw mill upon ye Bevers Creek Commonly knowne by ye name of ye fall of ye Bevers Creek together with ten acres of Land adjoyning to said fall on ye north of the Creek." It is recorded in English in Deeds, 4:14.
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EARLY RECORDS OF ALBANY
yearly, forever. Hereto we bind ourselves and our successors, having signed and sealed this with our own hands in Albany, the 9th of March 1692.
Was signed : HENDK. VAN RENSELAER (L. S.) ANTHONY V : SCHAIK (L. S.)
Signed and sealed in presence of Johannis Roseboom
Johannis Cuyler
Recordd. by ROBT. LIVINGSTON, JUNR.
Bond of Cornelis Dyckman to Cornelis van Dyck, mortgaging Dyckman's land at Canistigione (Niskayuna)
[74] Know all men that I, Cornelis Dykman, dwelling at Cani- stigeone, acknowledge that I am honestly and truly indebted to Cornelis van Dyk, his heirs, executors, administrators and assigns in the exact sum of two hundred and six guilders in beavers, which sum aforesaid I, the aforenamed Dykman, promise to pay with in- terest according to law in January in the year one thousand six hun- dred and eighty-six and seven; as security for which I, the afore- said Cornelis Dykman, bind and mortgage my land lying at Kani- stigione heretofore bought of Dirk Hesseling to the aforesaid Cor- nelis van Dyk, his heirs and administrators or any one of them, the same to be at any time declared forfeited; thus done without fraud or deceit according to all laws in the year one thousand six hun- dred and eighty-five in the first year of his Majesty's reign, James the Second by the Grace of God King of England, Scotland, France and Ireland, in presence of two credible witnesses, with his own hand signed and sealed December 20th, 1685.
Was signed : CORNELLIS DYKMAN (L. S.)
Signed and sealed in presence of Rynier Barents Gerrt. Lansing
Receipt by Hendrick van Dyck, eldest son of Cornelis van Dyck, deceased, for seven pounds paid by Johannes Dyckman on account of the bond given above
I underwritten Hend: van dyk Eldest sonne and heir of Mr Cornelis van dyk late of ye Citty of Albany Deceased and moreover
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DEEDS 1678-1704
atturney made by ye Tutors and oversiers1 (appointed in ye sd. De- ceased's Last will and Testament) to Receive all such summe and summes of money as are due owing to the Estate of sd. Deceased doe [therefore] 2 acknowledge to have Received of Johannis Dyck- man sonne of ye abovenamed Cornelis Dykman ye summe of seven pounds Currant money of this Province upon account of ye above Mortgage and Doe further hereby stopt ye Interest of the above Mortgage from ye Date hereof to ye arrivemt. of sd. Corn: Dyk- man hier or at alongs 3 to pmo. Novemb. next Ensueing In witnesse whereof I have hereunto sett my hand in Alb. this 14th of Aprill 1701 4
H V DYCK
Memorandum of assignment of the mortgage given above Alb : ye 15th of Decemb. 170I
Then appeared Mr. Johs. Abeel and produces an assignmt. of hend: van dyk in quality as above written who thereby assigns and setts over unto ye said Johs. Abeel all ye Right title & Intrest which he ye said van dyk hath or ought to have to ye abovewritten mort- gage as by said assignment in ys. book on folio 226 more at Large doth appear 5
ROBT. LIVINGSTON JUNR. D Cl.
Bond of Philip Philipsen de Moor to Anna Cuyler whereby said de Moor mortgages his farm called De Willigen at Schenec- tady together with satisfaction of said mortgage
[81] Know all men that I, the undersigned Phillip Philipx d'Moor, of the county of Albany, acknowledge that I am honestly indebted to Anna Cuyler, widow of the late Hendrik Cuyler, for goods re-
1 Overseers.
2 Thus in the original, meaning that the word "therefore" should be omitted.
3 Read : "at the longest."
4 This receipt and the following memorandum were written in English.
5 This assignment, duly recorded in Deeds, 4:226, as above indicated, is in English and dated the 13th of December 1702. It is accompanied by a certificate of Ph. Livingston, clerk, dated March 6, 1731, stating that an original assignment was produced to him, executed by Christophel Abeel, son of John Abeel, deceased, Goose van Schaick, who married one of the daughters of said Abeel, and Rutger Bleeker, attorney to the executors of said Abeel, dated the 14th of February 1721, whereby they made over to Cornelis van Dyck of the city of Albany the contents and their interest in the above "surrender " and also produced an original discharge and acquit- tance from said Cornelis van Dyck for the consideration money in full for the mortgage executed by Cornelis Dyckman, recorded on folio 74 of the same book.
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EARLY RECORDS OF ALBANY
ceived and debts assumed for Lea, widow of Claes Willemsen 1 altogether in the sum of eight hundred and eighty-five guilders and three stivers seawan; likewise I acknowledge that by a final settlement of accounts I owe Pieter Luykasse, free negro of N. York, for wages earned by him three hundred and eighteen guilders sea- wan, amounting with the above written altogether to the sum of one thousand, two hundred and three guilders and three stivers, which aforesaid sum of f 1203:3 I promise honestly to pay to the aforenamed Anna Cuyler, her heirs, or the bearer hereof. Hereto I bind my person and estate, specially my farm land above Schan- hegtade called De Willigen [the Willows],2 comprising about twenty morgens, and that nothing thereof shall be sold before said entire debt shall have been paid, for which I further bind my heirs and administrators. Thus with my own hand signed and sealed in Albany, this 26th of May 1693.
The mark P P and seal of PHIL: PHILIPSE (L. S.)
Signed and sealed in presence of M: Creiger Stevanus Groesbeek
Albany ye 14th of Augst 1706
I underwritten doe acknowledge to have Recd. of Ph: Phillipse the summe of seven pounds nineteen shillings Curr money of n : yorke which is the Remaindr. due by ye above mortgadge & all payd & satisfyed Recd. my me
JOHANNIS CUYLER, E.x7.3
Deed from Wouter Aersen to Johannes Cuyler for a house and lot outside the north gate of Albany
[97] Know all men by these presents that Wouter Aersen Ra- maker,4 late of the city of Albany, declares that he has conveyed as he hereby does convey in true, rightful and free ownership to Johannes Cuyler of the aforesaid city of Albany a certain house . and lot at Albany without the north gate, having to the south the lot of Barent Bratt, heir of Jan Janse Noorman, deceased, and to the north the house and lot of Hillegont, widow of Ryck Claesen ;
1 Professor Pearson here supplies the name "Van Coppernol."
2 About this farm see Professor Pearson's History of the Schenectady Patent, p. 70, 167, 183, 185.
3 The original of this satisfaction is in English.
4 Meaning " wheelwright," not "sashmaker." as Professor Pearson trans- lates the variant form Raemmaker in Early Records of Albany, v: 184.
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DEEDS 1678-1704
which he does by virtue of a patent granted to him by Governor Richd. Nicolls, deceased, dated May 18, 1667,1 in breadth to the west on the street four rods English, being three rods, 10 feet, 8 inches Rhineland measure, and also by virtue of a conveyance to him given by Sweer Teunissen van Velsen, dated June 12, 1678,2 in breadth six rods, 2 feet and 6 inches, together ten rods, one foot and two inches; to the east ten rods, seven feet and two inches ; in length to the south (between the street lines of the houses, front and rear) eight rods and a half and to the north eight rods nine feet and a half Rhineland measure; and that free and unincum- bered, acknowledging that he is fully paid and satisfied therefor, giving therefore full power to the aforenamed Johannes Cuyler, his heirs and administrators to do with and dispose of the aforesaid conveyed house and lot as he might do with his other effects, de- fending said Johannes Cuyler and his successors from all trouble and claims either in or out of court in any manner, binding him- self thereto as by law provided. Thus with my hand signed and sealed in New York this 2d of November 1696.
Was signed : The mark + and seal of WOUTER AER- SEN, made with his own hand (L. S.) GRIETIE WOUTER (L. S.)
Signed and sealed in presence of Leonard Lewis Joh: Groenendyk
Recorded in Albany ye 16th of Ap1. 1697 by RT. LIVINGSTON JUNR.
1 This was a confirmation of the ground brief granted by Stuyvesant to Jacob Symonsen Klomp, dated October 25, 1653, and made over by Klomp to Aertsen on November 9. 1655, for a house and lot in Beverwyck "having to the South Wynan van d'Poole to the West a certain way to the North Jan Jansen Cuyper and to the East the Waggon way, conteyning in length tenn Rod three foot & in breadth foure Rod. Together with another Lott of Ground, & a Garden lying by the Lott: Nº. 27. being in Length seaven Rod, & in breadth five Rod lying upon a square."
2 See Early Records of Albany, 1 :184-85.
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EARLY RECORDS OF ALBANY
Mortgage by two Mahican Indians of their land at Schaghticoke to Robert Sanders
[108] We, the undersigned, Gekameek and Massehaes, Mahikan- der Indians, acknowledge and declare that whereas we are indebted to Robt. Sanders in a considerable sum in beavers, as appears by his books, we bind to him all our right and title [to land] which we have at Skachkook, which shall have effect till we have paid him in full and if the city of Albany shall happen to buy said land, then Robt. Sanders shall be paid the just value of the land as it shall then be bought by the city. In witness of the truth of which we have signed this with our hands on the 18th of September at Albany 1686.
This is X the mark of GEKAMEEK This the mark X of MASSEHAES
As interpreters of the above:
Abraham Schuyler Abraham Cuyler
In my presence, Jan Becker, Notary Public Recorded in Albany this Ioth day of May 1698.
Power of attorney from Margareta van Slichtenhorst, widow of Philip Schuyler, deceased, to Willem Banken (Banker), mer- chant at Amsterdam
[109] Appeared before me, Dirk Wessells, mayor of the city of Albany, lying in the province of New York in America (olim N: Nederlant), the worthy Madam Margareta van Slichtenhorst, daughter of the late Brant Aertse van Slichtenhorst, widow of the late Phillip Schuyler, deceased, assisted by Mr Evert Banken, her chosen guardian and tutor in this matter, who, being qualified by the will of her husband deceased to dispose of the real estate de- volved upon her by inheritance from her father deceased, declared that in the best and most effectual manner possible according to law she had constituted and appointed, as she, Madam Margareta van Slichtenhorst, hereby does constitute and appoint, the Honorable Willem Banken, merchant at Amsterdam, her attorney, in her, the principal's, name and on her behalf to convey and make over her interest in a certain property and estate lying in the province of Gelderlandt, one of the seven provinces of the United Netherlands, in the jurisdiction of Niewkerk in the Veluwe, called Gyse West- phalinx estate, lying at Slichtenhorst, with its high and low lands, sowed and arable lands, together with all the fens, growing timber, buildings and all the appurtenances, rights and claims thereof, noth-
359
DEEDS 1678-1704
ing excepted ; consent and approval to ask where and in such way as shall be proper, and furthermore all other things to do and to perform which she, the principal, if she herself were present, accord- ing to the nature of the estate might and could do and perform, and to call two or more sealers thereto who are freeholders in the Veluwe, with power to substitute one or more persons; promising to hold as good, binding and valid whatever shall be done in this matter by the aforesaid attorney, under promise of guaranty and indemnity as by law provided. In witness of the truth of which I, the undersigned mayor of the city of Albany, and two aldermen of the court of the same have signed these with the principal and issued thereof an authentic instrument bearing the seal of this city and the signatures and caused the same to be recorded by our secre- tary at the requisition as above. Done in Albany in America on the eleventh day of May 1698.
MAERGRITA VAN SLYCHTENHORS
Dirck Wessells, Mayor Jan Vinhaegell, Alderman Jan Lansingh, Alderman
In my presence,
ROBT. LIVINGSTON
Agreement between the heirs of Maria Damen and the represen- tatives of her surviving husband Cornelis van Nes in regard to the release of the latter's interest in his wife's estate
[III] Appeared before me, Robt. Livingston, secretary of Albany, colony of Renselaerswyk and Shinnechtady, and in presence of the honorable magistrates of the said jurisdiction, Mr Gerritt Banker, husband and guardian of Elisabeth van Eps, and Mr Marte Cregier, husband and guardian of Jannetie Hendriks, both sons-in-law of the late Maria Dame, deceased, undertaking [also] for Jan van Eps, son of said Maria Dame, deceased, at present at Shinnechtady, of the first part, and Hendrik and Gerrit van Ness, attorneys for their father Cornelis van Ness, of the second part, who declared that in all love and friendship they had contracted and agreed with each other in regard to the buying out of said Cornelis van Ness's interest and claim in and to the estate of his late wife Maria Dame, in man- ner following.
First, Hendk. and Gerrit van Ness declare that by virtue of a power of attorney from their father Corn: van Ness they renounce and absolutely relinquish the whole estate, as well real as personal,
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EARLY RECORDS OF ALBANY
rights and claims, which they hereby make over with all the profits and losses thereto appertaining to the said Mr Gerrit Banker, hus- band and guardian of Elisabeth van Eps, Mr Marte Cregier, hus- band and guardian of Jannetie [112] Hendrikse, both daughters of the late Maria Dame, deceased, and to Jan van Eps, son of the said Maria Dame, deceased, for the sum of five thousand seven hun- dred guilders in seawan, to be paid with beavers or wheat at sea- wan prices, in three instalments, to wit: one just third part in January or February Aº. 168}, one just third part in January or February 1683, and the last third part in January or February Aº. 1682, for the punctual payment of which sum of f5700 seawan at the times aforesaid Mr Gerrit Banker, Mr Marte Cregier and Jan van Eps bind themselves jointly and severally as principals.
As regards the debts and credits contracted and given during the marriage of Cornelis van Ness and Maria Dame, they shall be for the profit and loss of Mr Gerrit Banken, Mr Marte Cregier and Jan van Eps, to be collected and paid in full without the children of Cornelis van Ness by virtue of their power of attorney aforesaid meddling therein in any way ; on the contrary, the debts and credits made by Cornelis van Ness before his marriage with said Maria Daeme, deceased, shall be for the profit and loss of said Cornelis van Ness without the children of Marie Daeme, deceased, having anything to do therewith.
It is further stipulated that Cornelis van Ness within the time of eight days shall surrender and give possession of the entire estate aforesaid to Mr Gerrit Banker, Mr Marte Cregier and Jan van Eps, they giving him a proper outfit of clothing, bed and bolster with their appurtenances, his Bible and ropemaker's tools and espe- cially an extract from his account book showing all claims and obli- gations made and executed before the marriage with Maria Daeme which will be of service to him in the collection and payment of all debts and credits as specified above ; and furthermore Cornelis van Ness reserves to himself the real estate possessed by him before his marriage, hereby annulling the force and effect of the will made by Corn : van Ness and Maria Daeme under date of the 29th of April 1677, excepting that the provision remains intact that each party, viz, the children of Maria Daeme for their mother, and Cornelis van Ness for himself, shall bear and pay each his or their [113] share of the debts contracted before the marriage and neither shall be asked or holden to pay the other's debts. With all of which the parties mutually declare that they are satisfied, the said
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DEEDS 1678-1704
Cornelis van Ness having thereby completely sold out his interest in the estate aforenamed. For the performance of what is herein- before written the parties in the capacities aforesaid mutually bind their respective persons and estates, real and personal, present and future, submitting the same to the jurisdiction of all lords, courts and judges. Done in Albany on the 7th of July 1681.
GERRIT BANKEN M : CREGIER JUNIOR HEND : VAN NESS GERRIT VAN NESS
Cornelis van Dyk Dirk Wessells
In my presence,
RT. LIVINGSTON, Secretary
Recorded in Albany ye 15th of August 1698
p. Rt. L. Jr.
Release of all demands from the sons of Cornelis van Nes to the heirs of Maria Damen
To all men to whom this present writing shall come, Hendrik van Ness with his two brothers Gerrit and Jan van Ness, sons of Cornelis van Ness, send greeting. Know ye that we the aforesaid Hendrik, Gerrit and Jan van Ness by virtue and authority of a cer- tain writing or power of attorney to us given by Cornelis van Ness our father, of date the 25th June 1681, have contracted and agreed with the surviving children and heirs of Maritje Dame, deceased, in her lifetime the wife of said Cornelis van Ness, in regard to the right and claim which said Cornelis van Ness had or might assert to the estate and that for the sum of five thousand and seven hundred guilders in seawan, as by said contract at large appears ; the re- ceipt of which aforesaid sum from the hands of Jan van Eps, Gerrit [114] Banker and Marte Cregier, son and sons-in-law of the afore- said Maritie Daeme, deceased, we, the undersigned Hendrik, Gerrit and Jan van Ness thankfully acknowledge, with which aforesaid sum of five thousand seven hundred guilders seawan received by us as above we acknowledge ourselves in the name of Cornelis van Ness fully satisfied and paid and we therefore clearly and absolutely acquit and release the aforesaid Jan van Eps, Gerrit Banker and Marte Cregier, their heirs, executors and administrators of every part and parcel thereof, promising to free them from all trouble
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EARLY RECORDS OF ALBANY
and claims which might be set up by the aforesaid Cornelis van Ness, his heirs, executors and administrators.
In witness whereof the aforesaid Hendrik, Gerrit and Jan van Ness have set their hand and seals hereto in Albany on the twenty- fourth day of March anno 1686 in the 3d year of his Majesty's reign.
HEND: VAN NESS (L. S.) GERRIT VAN NESS (L. S.) JAN VAN NESS (L. S.)
Signed, sealed and delivered in presence of Dirke Wessells Henderick Cuyler
Recorded ye 15th of August 1698
Agreement between the heirs of Maria Damen respecting the division of her property
On this day, the 5th of August 1686, Marten Cregier of the one part and Gerrit Banker, having also power of attorney from Jan van Eps, jointly of the other part, have in all love and friendship agreed, covenanted and contracted with each other in form and man- ner following :
First, in respect to the house and lot of the aforesaid Cregier, standing and lying here in Albany on the hill, wherein Jeronemues Wendel now dwells, which aforesaid house and lot now absolutely belongs to the said Cregier alone, without the aforesaid Banker or the aforesaid Van Eps, jointly or severally, having the right to make or cause to be made any further claim thereto, the aforesaid Banker [115] and the aforesaid Van Eps promise that the said house and lot shall be conveyed to the said Cregier free and unincumbered, by virtue and according to the contents of the lawful patent thereof.
Second, respecting a certain considerable sum of three thousand and five hundred guilders Holland money at present in the hands of Mr Abel d'Wolf, merchant at Amsterdam in Holland, the said sum of f 3500 being money left as an inheritance and bequest to the aforesaid Cregier's wife Jannetje by her father Hendrik Andriesen, deceased, and her mother Maritie Damen, deceased, only mother of the aforesaid Van Eps, the aforesaid Banker's wife Elisabeth and Jannetie aforesaid, wife of the said Cregier, it is agreed that of said sum of f 3500 Holland money the aforesaid Cregier or his order shall draw and receive, in lieu of his aforesaid wife's father's inherit- ance as well as of her aforesaid mother's inheritance, the sum of
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DEEDS 1678-1704
one thousand seven hundred and fifty guilders Holland money, with this reservation or condition that all the expenses which may be made or incurred in Holland in connection with said sum shall be chargeable to the aforesaid Cregier, the aforesaid Banker and the aforesaid Van Eps, to wit, to each a just third part, wherewith the aforesaid Cregier, as well for himself as for his wife aforesaid completely waives and relinquishes their right of inheritance in the aforesaid sum of f 3500 Holland money, with promise of the afore- said Cregier and his wife aforesaid nevermore to do nor cause to be done anything contrary hereto in any manner.
Third, as to the estate in this country left by the aforesaid Maritie Damen, deceased, mother of the aforesaid Van Eps, Elisabeth and Jannetie aforesaid, therein shall each participate and share to the same extent whenever the parties shall proceed to the division and settlement thereof. Furthermore, the parties shall adjust and settle among themselves their private accounts, both those between them- selves and those concerning the estate and of the expenses which [116] have been made and incurred in this country each party shall bear his own share.
In confirmation of all that is hereinbefore written and for the full performance and execution of the same, the parties mutually bind their respective persons and estates, nothing excepted, subjecting the same to all lords, courts, tribunals and judges, and furthermore before and in presence of Mr Dirk Wessells and Mr Cornelis van Dyk, called hereto as trustworthy witnesses, they have signed and sealed these with their own hands, without fraud or deceit. Thus done in Albany on the date above written.
M : CREGIER (L. S.) GERRIT BANKEN (L. S.)
Signed, sealed and delivered in presence of Dirck Wessells Cornelis van Dyck
Recorded ye 15th of August 1698
Deed from Mohawk sachems to Reynier and Jan Quackenbos for land at Kanistagajoene (Niskayuna)
[172] Know all men by these presents that we, the undersigned, Roode and Sagodiogquisax, both sachems of Cagnewage and Cana- gere, being also empowered to act for Thodorasse, declare that we have heretofore sold and granted a certain parcel of land of wood- land, which parcel of woodland we are now inclined to convey, be-
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EARLY RECORDS OF ALBANY
cause we are old people and it may perhaps be a long time yet before we have a governor general in the land, owing to which unfortunate absence of the governor general no grant can now be had; therefore, we declare that we have sold, granted and conveyed as we hereby do sell, grant and convey to Rynier and Jan Quackenbos, or their heirs, a certain parcel of woodland lying on the Kanistagajoensse river, beginning at the old marked black bark oak tree where Claes van Bockhoven's claim ends, which tree stands on the side of the afore- said river, running thence from the river to another white bark oak tree which is marked with the wolf, standing near the dwelling of Jan Quackenbos aforesaid, being by estimation about two thousand paces long and so far into the woods northward as all the other neighbors have privilege; for which aforesaid parcel of woodland we acknowledge that we have been fully paid and satisfied, desiring therefore furthermore that when a governor general shall have ar- rived it may please his excellency to grant a patent for the aforesaid parcel of woodland to the aforesaid Reynier and Jan Quackenbos, or their heirs. In witness whereof we have subscribed this with our own hands and marks and sealed in Albany this 25th of September 1689.
Was signed : The mark X of ROODE, made with his hand (L. S.) These marks X were X made by SAGODIOGQUISAX with his own hand' (L. S.)
Signed and sealed in presence of Pr. Schuyler, Justice Dirk Wessells, Justice
Recorded ye 4th Sepr. 1700
Contract of sale of a house and lot in Albany between Douwe Aukes and Jean Rosie
[176] We, the undersigned, Douwen Aukas 1 of Shanheghtade village and Jan Rosie of Albany city, acknowledge that we have agreed with each other as follows, to wit:
D. Aukas aforesaid acknowledges that he has sold and J: Rosie that he has bought the seller's house and lot standing and lying here in Albany city aforesaid between the houses of Willem Hogen and
1 Intended for Douwe Aukes, that is, Douwe, the son of Auke, both Douwe and Auke being distinctly Frisian names. About him see Jonathan Pearson, History of the Schenectady Patent, p. 83-85.
·
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DEEDS 1678-1704
Mr Jacob Staets, as broad as the drip on both sides now lies, in length to the Rutten kill, for the sum of one hundred and thirty- five beavers in money, in two payments, the first payment, the half, on the first of May 1699, and the other payment on the first of May anno 1700, when the seller promises to deliver a proper deed to the buyer or his heirs. Hereto the contracting parties bind their persons, estates and heirs. Thus with their own hands subscribed and sealed in Albany this 10th of January 169 g.
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