USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 37
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Hereto I bind my person and estate, heirs and administrators, and specially my house and lot standing and lying here in the city of Albany on Parrel street, to the south of Hester, widow of Harme Bastiaense, deceased, and to the north of Gerrit Roseboom, being in
391
DEEDS 1678-1704
breadth in front on the street twenty-four wood feet and behind against the lot which on the date hereof I have conveyed to said Roseboom also twenty-four wood feet, in length as well on the south side as on the north side six rods Rhineland measure, as by conveyance thereof dated May 12, 1685, recorded on the date hereof, with the understanding that from the aforesaid house and lot nothing shall be sold before and until the aforesaid principal sum and interest shall be paid so that if need be the payment may be recovered therefrom without cost and loss and in case the afore- said house by fire or other calamity (from which may God pre- serve) be destroyed and the lot can not meet it, then I bind further my lands where I now dwell at Onitskotha on the kill which flows out by Barent Pieterse Coeyman's in said colony of Renselaerswyk for the effectual payment aforesaid. Thus with my hand subscribed and sealed in Albany this first day of October in the 13th year of his Majesty's reign Aº. Do. 1701.
Was signed : JOHANNIS APPEL (L. S.)
Signed, sealed and delivered in presence of Johannis Cuyler, Justice of the Peace
Elsie Cuyler
Recorded pmo. octob. 170I N. B. The above bond & mortgage is on pmo. June 1704 Discharged as by this Record on folio 304 may appear.1
1 The same bond and mortgage was by mistake recorded again on page 232. The satisfaction of the mortgage on p. 304 is as follows :
" Whereas Johannis Appel of ye Colony Renselaerswyk in ye County of Albany on ye first day of Octob. Aº 1701 gave bonde unto Mr. Marten Cregier or to them that might produce ye same for ye summe of fifty pounds Currant money of this province with ye. Intrest for two years at Eight pcto. per annum with a Mortgage upon his house and Lott of ground in ye Citty of Albany in Parrel street &a. so as ye same is the said Day Recorded in ye book Nº D: folio 222 which said house and Lott is now belonging to Claes Vonda of ye said citty Cujier [Cooper?] Now Know yee that I under- written Jannetie Cregier widw. & Relict of ye said Marten Cregier doe acknowledge to have Recd. of ye said Johans. Appel by ye hands of ye sd. Claes Vonda in two severall payments the Contents of ye said bond & mortgage which with ye Intrest is fifty and Eight pounds Currant money as aforesaid doe therefore for myself my heirs Exrs. and adrs. discharge ye sd. Johs. Appèl his heirs Executors adrs. and assigns fully by these presents. In Testimony whereof I have hereunto sett my hand & seall in Albany ye first day of June in ye third year of her Majes. Reign annoq. Do. 1704.
Signd sealed and Delivered in ye presence of Johannis Cuyler, Justice
JANNETIE CREGIER (L. S.) Gysbert Marselis
pmo. June 1704 Recorded."
Was signd
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EARLY RECORDS OF ALBANY
Bond of Johannes Appel to Andries Coeymans, with mortgage of said Appel's house and lot as security for the money loaned to him and satisfaction of said mortgage by Andries Coey- mans
[227] Know all men by these presents that I, the undersigned, Johannis Appel, of the colony of Renselaerswyk in the county of Albany, acknowledge hereby that I am honestly indebted to Mr Andries Coeyman of said colony of Renselaerswyk in the sum of twenty-seven pounds current money of this province upon interest for the term of two years, which aforesaid £27 with the interest at eight per cent, amounting yearly to two pounds three shillings, 23 pence, I promise honestly to pay again to the aforesaid Andries Coeyman or to the bearer hereof, to wit, the first year's interest on the third of October 1702 and with the close of the second year, being on the third of October 1703, the aforesaid principal sum of twenty-seven pounds and the remaining interest thereon.
Hereto I bind my person, property, heirs, and administrators, specially my house and lot standing and lying here in the city of Albany to the south of Hester, widow of Harma [n] Bastiaensen, deceased, and to the north of Gerrit Roseboom, being in breadth in front on the street twenty-four wood feet and behind against the lot which I on the first of this month of October conveyed to said Gerrit Roseboom, also twenty-four wood feet; in length as well on the south side as on the north side six rods Rhineland measure, as by conveyance thereof dated May 12, 1685, with the understanding that from the aforesaid house and lot nothing shall be sold before or until the said principal sum and interest shall be paid. Thus with my hand subscribed and sealed in Albany this 3d of October 1701.
Was signed JOHANNIS APPEL (L. S.)
Signed, sealed and delivered in presence of Johannis Cuyler, Justice of the Peace Elsie Cuyler Recorded ye 27th Jan. 170}
Albany ye 19th of June 1704
I underwritten Andries Coeyman of ye Colony Renselaerswyk in ye County of Albany doe acknowledge to have Received from Johannis Appel of ye sd. Colony the contents in ye abovementioned
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DEEDS 1678-1704
mortgadge doe therefore acquit and Discharge ye sd Appel his heirs Exrs. & adrs. for Ever, witnesse my hand ye day & year abovewritten.
ANDRIES COEYEMANS
Contract between Claes Willemsen Coppernol and Philip Philip- sen for the conveyance of the Willow Flat at Schenectady in exchange for the land of Jan Mebic and the sixth flat on the north side of the Mohawk river
[234] In all love and friendship, in presence of the hereinafter named witnesses, Claes Willemse Coppenhol, of the one part, and Phillip Phillipse,1 of the other part, acknowledge that they have agreed and contracted in the matter of an exchange, in the manner following, to wit: Claes Willemse promises to deliver and convey to Phillip Phillipse his lawful share and right in the willige vlackte (Willow Flat) and woodland according to patent, with the house and other buildings, to wit, the land on the first of September 1689 and the house and other buildings the 22d of April 1690, in return for which Phillip Phillipse promises to make over to Claes Willemse also at the aforesaid time his rights in the land by him received from Jan Mebee, with house, barn and ricks, earth and nail fast, together with the sixth flat on the other side of [235] the river, in such condition as he has possessed the same, provided he pay to the Dorp2 the rent due thereon, but the first five years Coppernol shall pay but four beavers yearly and Phillip Phillipse the rest, Koppenhol to pay the whole rent the remaining years. Further- more, he conveys to Coppenhol the woodland granted to him by the trustees,3 on condition that Claes Willemse shall every year pay the rent, a peck of wheat per morgen. Phillip Phillipse promises next spring to provide the sixth flat with a proper fence against hogs, from one end on the river back to the woodland and around to the other end on the river, provided that Coppenhol help lay the logs. Phillip Phillipse is holden to make conveyance of the land and house next April 1690 and promises to pay to boot to Claes Willemse the quantity of one hundred and sixty-seven beavers, reckoned at eight guilders apiece, in good winter wheat or peas at market price, promising in the spring to release Claes Willemse from [his obliga- tion to] Willem Teller in the sum of one hundred beavers with the interest thereon; and the contracting parties promise to carry to
1 Philip Philipsen de Moer; see History of the Schenectady Patent, p. 75. 2 The village of Schenectady.
3 gemeens mannen.
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EARLY RECORDS OF ALBANY
Albany together in the winter months the grain that Phillip Phillipse delivers on the hundred beavers, but as to what shall be delivered in the spring, that Phillip Phillipse must carry there alone. Furthermore Phillip Phillipse promises to pay to Claes Willemse sixty-seven beavers within five years, every year in the three winter months a just fifth part of said sum in good winter wheat and peas at market price, the first payment to be in the winter of next year ; and Claes Willemse promises to release the land whenever he shall be discharged of the hundred beavers due to Willem Teller and the 67 beavers likewise being paid Claes Willemse promises a proper conveyance to make. For the performance of the above the contracting parties mutually bind their respective persons and estates, real and personal, present and future, nothing excepted, submitting the same to the authority of all lords, courts and judges. In witness of the truth, this is subscribed with their own hands the 24th of April 1689 in the Woestyne,1 present Daniel Janz2 and Jacobus Peek, called as witnesses hereto, who with the parties have subscribed the original draft hereof remaining in my custody.
Collated by me,
LODOWICUS COBES
As the principal 3 of this contract is missing, therefore we, Phillip Phillipse and Elisabeth, his wife, hereby declare and certify that we hold valid said contract in all its parts and will perform and execute all that this contract calls for and will give such further writings as are required by this agreement according to the decision of the arbitrators. Schinnechtady the 3d October 1691.
Was signed: Y (L. S.)
These are the marks
of PHILLIP
X (L. S.)
PHILLIPSE and his wife Witnesses : Daniel Janz Adam Vroman Recorded ye 28th of feb. 170}
1 Meaning: the Wilderness, or Desert. See History of the Schenectady Patent. p. 74, 127. 130, 174. 201, 226, 268.
2 Daniel Jansen van Antwerp.
3't Principaele ; that is, the original signed by and issued to each of the contracting parties. as distinguished from the original draft, or minuut, which is kept by the clerk of the court or the notary.
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DEEDS 1678-1704
Quitclaim deed from Wouter Aertsen to the heirs of Evert Lucassen for a garden behind Fort Orange
[239] New York at Sapohanick
On this 16th of May 1702 I, Wouter Aertse, acknowledge that in the year 1660 I sold to Evert Luykasse a garden behind Fort Orange and to the south of the village of Beverwyk, to the west of the highway, to the north of Hendrik van Doesburch and to south of Evert Wendel, for which garden aforesaid I acknowledge the receipt in full payment therefor of the sum of forty guilders cash, whereupon I convey my right and title to the heirs of the aforesaid Evert Luykasse. Without fraud or deceit I have hereto set my hand and seal.
This is the X mark of (L. S.)
WOUTER AERTSE, made with his own hand
Witnesses : Jan Mead David Mendeviel Pieter Bogardus
Contract of sale between De Joncker and Claes Laurensen of land at Kinderhook and certificates regarding the same
[243] On this day, the first of May Anno 1661, de Joncker 1 of the one side and Claes Laurense 2 of the other side have agreed and contracted about certain pieces of land and woods lying and being in the jurisdiction of Albany, behind the Kinderhoek, on a large kill which flows into the river by Abraham Staets, namely, de Jonker sells all his rights on both sides of the kill to Claes Laurence for the sum of 86 guilders; in the first place the seller's land runs on the west side of and down said kill, in breadth two thousand paces, to the last large falls, and thence again up said kill on the east side, of the same breadth, eighteen hundred paces above the third large falls. Thus done on the aforesaid date, the first of May, both parties being fully resolved thereto, by 3 me, Volkert Janse, in
1 The identity of this person is uncertain, but judging from his mark, he may be the same as Jonathan Borns, or Brons, who on May 9, 1661, with Samuel Allin and Pieter Symonsen, entered into a contract with Jeremias van Rensselaer, Arent van Curler and Volckert Jansen to plant tobacco. See Notarial Papers, 1:83.
2 Professor Pearson here supplies the name Van der Volgen, but from the certificates that follow it would seem that he was the same person as Claes Bever, and perhaps also as Claes van Schaak.
3 Intended for "before "?
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EARLY RECORDS OF ALBANY
presence of the undersigned witnesses, Hendrik Coenraedse and Abraham Stevense.
Was signed : D'JONKER I his own mark
Hendrik H Coenractse his own mark
Abraham A Stevense his own mark
I (underwritten) Laurence van Ale, acknowledge that Claes Bever bought of de Joncker certain land and woods, which was allowed him by Evert Luykasse [in] 1667 ; the marking of the woods was seen on the date hereof, the Ist of March 1697, by Pieter Vos- burgh and Hendrik Coenradse on the south of the land on the bank of the kill a fir tree, on the north a little by a rift and thence across the kill.
PIETER VOSBURGH This is H the mark of HENDRIK COENRADES
Anno 1702, the 25th of September, at the Kinderhoek, upon the request of Laurence van Schaak to the aldermen of the Kinderhoek whether his father Claes van Schaak is mentioned in the patent,1 we acknowledge that he appears therein as a rightful owner accord- ing to the purchase, the required quitrent having been paid. Sub- scribed and signed at the Kinderhoek.
ABRAHAM VAN ALSTYN COENRAET BORGHGET 2
Recorded ye 30th of Sept. 1702
[In the margin was written:]
Att a Court of Sessions held for ye Citty & County of Albany on ye first of June 1703 It is ordered that these annexed three writtings be Chanceled and annuld which said writteings are hereby annulled accordingly 3
by ROBERT LIVINGSTON JUNIOR D. Cl.
Quitclaim deed from Adriaen van Ilpendam to Capt. Hans Hendricksen for part of a lot in Albany
[254] I, the undersigned, Adriaen van Elpendam, hereby acknowl- edge that on this 18th day of June 1679 I have sold and delivered to
1 Probably the Kinderhook patent of March 14, 1686, which contains the name of Claes Beaver, but does not mention Claes van Schaak. Cf. note 2 to contract of sale above, and Edward A. Collier, History of Old Kinderhook, p. 100, 534.
2 Apparently intended for Coenraet Borghardt.
3 The minutes of this Court of Sessions have disappeared.
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DEEDS 1678-1704
Capt. Hans Hendriksen fifteen wood feet from the length of my lot lying in New Albany, to wit on the west side of my lot and is in breadth from the street to the lot of Jacob Tyse van der Heyden, and I deliver said fifteen feet of lot to him free and unincumbered (excepting the lord's right) ; for which said piece of lot I acknowl- edge that I am fully paid and satisfied to my content.
In confirmation of which I have (in presence of Claes Janz van Baren and Frans Janz Pruyn, called as witnesses hereto) sub- scribed this with my own hand in New Albany, date aforesaid.
Was signed : ADRIAEN VAN ELPENDAM
As witnesses : Claes Jans van Baren Frans Janz Pruyn
Recorded ye 27 of Octob. 1702 by RT. LIVINGSTON JUNR. D. Cl.1
Deed from Wattawitt, a Mahican Indian, to Laurence van Alen for a parcel of land near Kinderhook
[259] Appeared before me, Lodowicus Cobus, secretary of Albany, colony of Renselaerswyk and Shinnechtady, on the date underwritten, in presence of the hereinafter named witnesses, Wattawitt, a Mahikan Indian, who acknowledged that he had sold to Laurence v : Ale, as he hereby does sell, a certain parcel of land to the southwest of the land formerly sold by him, together with the woodland of the same width as the land, extending with a small thicket (creupelbossie) to the little lake,2 for which Laurence van Ale promises to pay a coverlet and a child's coverlet, two axes, two handfuls of powder, an adze and a bar of lead, wherewith said Watawith acknowledges himself to be fully paid and satisfied, and does hereby convey to said Laurence van Ale the real and actual possession of the said land, promising to warrant and defend the same from all trouble, claims and demands according to law and nevermore to do nor cause to be done anything contrary hereto, binding himself thereto as by law provided. Done in Albany the 17th of October 1669, in presence of Arnout Cornelise Viele and Willem Teller, as witnesses on the part of Laurence van Ale, and on the part of Wattawit, Wanawakin and Waptow, also as wit-
1 The deed is recorded twice on the same page, the first record being imperfect.
2 This land was apparently situated near Kinderhook. See Doc. Rel. to Col. Hist. N. Y., 13:399, and Edward A. Collier, History of Old Kinderhook, p. 69.
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EARLY RECORDS OF ALBANY
nesses, who with the parties have signed the original record hereof in the protocol of me, the notary.1
Upon collation this is found to agree with the original, by me, LODOWICUS COBES, Not: Pub: 1679
Recorded ye 19th of March 170 3.
Release by Anthony van Schaick of all demands on account of his father's estate
[260] I, the undersigned, Anthonie van Schaick, Junior, son of Sybrant van Schaick, deceased, of the city of Albany, hereby acknowledge that I have received as my share of my father's estate the sum of sixty beavers in money, to wit, thirty-six pounds current money of this province, which by the settlement between my mother Elisabeth van der Poel and my guardians, dated the Ist of June 1686, was apportioned to me, and that I have been fully satisfied therefor by my step-father Bennonie van Corlaer by the hands of Barent Pieterse Coeyman, who was to pay the same as mentioned in a certain conveyance from B : v : Corlaer dated the Ist of January 1701:2 therefore I release my said stepfather and aforenamed mother from all further claims on account of the afore- said estate. Thus with my own hand signed and sealed in Albany, this 3d of May 1703.
Signed, ANTHONY VAN SCHAICK, JUNIOR (L. S.)
Signed, sealed and delivered in presence of Johannis Cuyler, alderman Anthony van Schaick Recorded ye 10 of June 1703
Deed from Aeltie, widow of the late Gerrit van Slichtenhorst, to Gysbert Marcelis and Johannes Roos for a house and lot in Albany on the hill
[267] On this day, the 15th of August 1684, Aeltie, widow and relict of the late Gert. van Slechtenhorst, declared that she granted
1 ten Prothocolle mijns Notaris: implying that besides his secretarial record published in Early Records of Albany, I :410-509. he kept a record of trans- actions executed before him as notary public. Of this latter record no other trace has been found.
2 Referring to a deed for a house and lot and parcel of ground in Albany, recorded in English on p. 229-30 of Deeds, v. 4.
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DEEDS 1678-1704
and conveyed in true, rightful and free ownership to and for the behoof of Gysbert Marceelis and Johannis Roos a certain house and lot, standing and lying here in Albany on the hill, with all that is fast by earth or nail, as it was sold to her and was then inclosed in fence, according to bill of sale of date the 19th July 1680, having to the south and west the streets, to the north Claes Ripse and to the east Jacob Abrahamse Cuyper; which she, the grantor, does by virtue of the patent to her late husband granted by the late Governor-General Richard Nicolls, of date the 27th of April 1667,1 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 making any further claim thereto, acknowledging that she is fully paid and satisfied therefor, the first penny with the last, therefore giving plenam actionem cessam and full power to the aforesaid Gysbert Marceelis and Johannis Roos, their heirs, successors and assigns, to do with and dispose of the aforesaid house and lot as they might do with their own patrimonial estates and effects, promising to warrant and defend the same against all persons from all claims, demands and incumbrances according to law and further nevermore to do nor cause to be done anything contrary hereto in any manner, binding herself hereto as by law provided. Done in Kinghston, the 15th of August, 1684.
AELTIE V: SLEGHTENHORST (L. S.)
Signed and sealed in presence of us, John Spragge Roeloff Swartwout N : Anthony Recorded ye 16th. of Septemb. Aº. 1703
by RT. LIVINGSTON JR.
1 This refers apparently to a confirmatory patent to Gerrit van Slichten- horst bearing date the 26th of April 1667, for a "certain Lott of Ground lying in Beverwick at Albany bounded on the west with the Highway com- monly called the Hill street being in breadth on the west side seaven Rod, & three foot Rynland measure in length on the south side of the way twenty Rod and a halfe on the East in breadth foure Rod tenn foot & a halfe & on the North in length as on the south which sd Lott of Ground is now in the possession of Gerrit Slichtenhorst he having made purchase of the same of Cornelys Cornelyssen yoor woout [van Voorhout]." Professor Pearson places this lot on the northeast corner of Maiden Lane and North Pearl street, which agrees with the description in the above deed "having to the south and west the streets," but conflicts with the statement in the patent "in length on the south side of the way."
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EARLY RECORDS OF ALBANY
Agreement between Volkje Juriaens, widow of Jan van Hoesem, and Gerrit Visbeek and her son Juriaen van Hoesem respecting the settlement of the estate of Jan van Hoesem
[278] Know all men by these presents that we, the undersigned, Volkie Juriaense, widow of Jan van Hoesem, and Gerrit Visbeek, of the one part, and her son Juriaen van Hoesen, of the other part, acknowledge that in all love and friendship we have agreed in manner following :
First, we have annulled and canceled a certain contract between said Volkie and Juriaen together with his brother-in-law Jan Tyse and Luykas Gerritse made in the presence of the honorable orphan masters under date of the 30th of May 1667, and contracted anew, namely, that Volkie shall remain in full possession of the whole estate, as well lands, houses and lots at Claverak 1 or elsewhere, as all other property, real and personal, nothing excepted, during the term of her life, on condition that she remain holden on demand to furnish a statement and inventory of the entire estate and effects and that after the death of Volkie the whole estate, lands, houses, lots, personal and real property, shall be divided as follows :
First, Juriaen, as the eldest son, shall receive for his birthright in advance, before any partition is made, the value of eight pounds current money of this province with a certain parcel of woodland over on the east side of the Great kill, extending northwardly along the Kleykuls (Clay pit) kill and ending at a great height called Beeren (Bears') island, provided that his brother Johannis shall have one-third thereof; likewise Johannis shall have in advance a certain parcel of land called Carels Bouwereye2 lying to the north over the Great kill, beginning at the first settled farm and extending to the small flat of Frenck Herdingh ;3 furthermore the small flat possessed by Frenck, Johannis shall have also, together with another small flat opposite the farm opposite the Great kill, and his house, buildings and lot and other rights on the strand possessed by him.
[279] His brother Jacob shall have in advance the land that he at present possesses.
1 Jan Fransen van Hoesem bought a tract of land at Claverack from the Indians on June 5, 1662, and received a confirmatory patent for the same on May 14, 1667. The parcels of land mentioned in this agreen.ent were all part of this tract, as shown by the various releases for these parcels which are recorded in English immediately after this agreement.
2 Hans Carel's farm.
3 Frank Haringh, or Francis Hardick; see below and Deeds, 4:281-82.
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DEEDS 1678-1704
His brother Volkert shall have in advance the woodland over the Kleykuyls (Clay pit) kill, along the Kalebergh (Bald mountain).
His brother-in-law Frank shall have in advance the land pur- chased by him and the buildings thereon, which he possesses, be- ginning at the strand, north of the cart path, upwards to the sprout of Drent's bridge, the boundary of Jacob's claim.1
Anna, wife of Luycas Gerritze, shall have in advance a bed, two pillows and a bolster, for the reason that Volkie has heretofore promised them, and then the residue of the whole estate, lands, houses, etc., real and personal property, nothing excepted, shall be distributed equally among the eight children and heirs, to wit, Juriaen ; Styntie, wife of Jan Tysse : 2 Anna, wife of Lucas Gerritse ; Marya, wife of Hendk. Coenraetse; 3 Catharina, wife of Frenck Hardingh, Johannis, Jacob and Volkert van Hoesem, on condition that Juriaen shall have the prior right and privilege to buy the farm lands or other real estate, provided he pay his brothers and sisters what four impartial men shall judge the same to be worth. It is further agreed between Volkie and her son Juriaen that he shall have a lease of the aforementioned farm and buildings which are now leased to Johannis Dyckman, beginning next autumn and to last during his mother's lifetime, for which he promises to pay as rent the fourth sheaf of all the crops on the land. All that is here- inbefore written the aforesaid Volkie and her son Juriaen, each as regards his [or her own obligations], promise to perform in all its parts, annulling and canceling hereby all former contracts, wills, or other writings by the aforesaid Volkie or the aforesaid Gerrit Visbeek jointly or severally made, [declaring the same] as of no force and effect for any action contrary to this preceding contract, to which end the aforesaid Volkie and her son Jeuriaen bind them-
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