USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 2 > Part 5
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DEEDS 1678-1704
out of the same, saving the lord's right, and without the grantor's making any further pretension in the least thereto, acknowledging himself fully paid and satisfied therefor, the first penny with the last and therefore giving plenam actionem cessam and full power to the aforenamed Pr. Pieterse van Waggelen, his heirs and suc- cessors, or assigns to do with and dispose of the same as he could do with his own patrimonial estate and effects, promising to war- rant the premises against any and all persons and free the same from all trouble, claims, and incumbrances as is right and never more to do nor cause anything to be done contrary hereto, either with or without judicial proceedings, in any manner, under binding obligation as by law provided. Done in Albany, the 6th of May 1679.
SWEER THOONUSSEN VAN VELSEN
Marten Gertsen Johannes Provoost
Acknowledged before, me, ROT. LIVINGSTON, Secretary
Deed from Capt. Johannes Clute to Jan Jansen Ouderkerk for a lot in Albany
[33] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyk and Schaenhechtady and in presence of the Honorable Mr Marte Gerritse and Mr Johannes Provoost, magis- trates of said jurisdiction, Capt. Johan Cloete, who declared that he grants, conveys and makes over in true, rightful and free ownership to and for the behoof of Jan Janse Ouderkerk, cooper, a certain lot lying here in Albany, where his cooper's shop now stands, lying between the house of Antony Lespinard and Gerrit van Schayck, in breadth 14 feet and eight inches1 Rhineland meas- ure front and rear, and in length six rods and one foot, all Rhine- land measure, which the grantor does by virtue of a patent to him granted by the Honorable Rich : Nicolls, late governor, of date the Ist of April 1667,2 being a part of the lot mentioned in the afore- said patent, to which reference is herein made, and that free and unincumbered, without any charges thereon or [rents] issuing out of the same (saving the lord's right) and without the grantor's making any further claim in the least thereto, acknowledging him- self fully paid and satisfied therefor, the first penny with the last,
1 In the margin was written: "N.B. But it is to be noted that Antho. Lespineerd has taken in half of the 8 inches, which he must surrender." 2 See note to next document.
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EARLY RECORDS OF ALBANY
and therefore giving plenam actionem cessam and full power to the aforenamed Jan Janse Ouderkerk, his heirs and successors or assigns, to do with and dispose of the same as he might do with his own patrimonial estate and effects, promising to warrant the premises against any and all persons and to free the same from all trouble, claims and incumbrances as is right and nevermore to do nor cause anything to be done contrary hereto, either with or without legal proceedings, in any manner, under binding obligation as by law provided. Done in Albany, on the 6th of May 1679.
JOHANNS CLUTE
Marten Gertsen
Johannes Provoost
Acknowledged before me, ROT. LIVINGSTON, Secretary
Deed from Capt. Johannes Clute to Ludovicus Cobes for a house and lot on Jonker street in Albany
[34] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyk and Schaenhechtady, etc., in presence of the Honorable Mr Marte Gerritse and Mr Johanness Provoost, magistrates of said jurisdiction, Capt. Jan Cloete, who declared that he grants, conveys and makes over in true, rightful and free ownership to and for the behoof of Ludovicus Cobes a certain house and lot, standing and lying here in Albany on the Jonker street, adjoining southerly the street, westerly Hieronimus Wend- ell, easterly Jan Janse Ouderkerk and northerly Timº. Cooper,1 in
1 The description in this deed furnishes an illustration of the ambiguity of language in many of the Dutch conveyances which makes it difficult to determine the exact location of the property even where, as in this instance, a definite landmark such as a street or creek is named in the instrument. The Dutch description of the property conveyed by this deed from Johannes Clute to Ludovicus Cobes reads as follows: seker huys & Erve staende & geleegen alhier in Alb: op den Jonkerstraet belendende ten suyden de straet ten westen Hieronimus Wendell Ten oosten Jan Janse Ouderkerk, ten noorden Timo. Cooper, which appears to be correctly translated as above and to place the property definitely on the north side of Jonker, now State street. Yet, if we examine the patent to Clute of April 1, 1667, referred to in the deed, we find the following: "A Patent graunted upon a Transport made by Adrian Garritsen (as Attorney of Dirck Jansen Kroon) unto Jan Cloet. upon the 12" day of November 1664, for a certaine House and Lott of Ground in Beverwyck at Albany, near the Hills, having the Streete to the North, to the South Jan Hendrick's van Baels, to the East, Jan Tomassen's, and to the west, Wouter Albertsen's, containing all the Ground as it lyes within the ffence, &c. The Patent beares date the Ist day of April 1667. R. Nicolls." That this patent really relates to the same property as that described in the deed given above, in spite of the fact that the lot is spoken of as "having the Streete to the north," is shown by an examination of the
.
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DEEDS 1678-1704
breadth in front on the street three rods and two inches and in length five rods and nine feet, Rhineland measure, in breadth in the rear likewise three rods and two in hes, which the grantor does by virtue of a patent to him granted by the Honorable Gov- ernor General Rich : Nicolls, of date the Ist of April 1667, being the remainder of what was described in the aforesaid patent, Jan Janse Ouderkerk possessing the residue, and that free and unincum- bered, without any charges thereon or issuing out of the same (saving the lord's right) and without the grantor's making any further pretension in the least thereto, acknowledging himself fully paid and satisfied therefor, the first penny with the last and there- fore giving plenam actionem cessam and full power to the afore- named Ludovicus Cobes, his heirs and successors, or assigns to do with and dispose of the same as he might do with his own
deeds from the magistrates to Sander Leendertsen Glen, from Glen to Adriaen Gerritsen, and from Adriaen Gerritsen to Johannes Clute in Early Records of Albany, I:392, 336, 391, 63 (in all of which the property is described as adjoining to the north, or being bounded on the north by, the street, in conformity with the patent just cited) and furthermore of the deeds from Johannes Clute to Ludovicus Cobes, from Cobes to Jeronimus Wendell. from Jan Thomase to Cornelis Steenwyck, from Sander Leendertsen Glen to Jan Hendricksen van Bael, and from van Bael to Timothy Cooper, in Deeds, 3:34, 35, and Early Records of Albany, I:143, 185-86, 358, 127. Turning now to the original text of the deed from Adriaen Gerritsen to Johannes Clute, 3g Nov. 1664, in Deeds, 1:169, which is referred to in the patent to Johannes Clute, we find this description : Belent ten noorden de straet, ten suyden Jan Hendricksz van Bael, ten oosten Jan Tomassen, ten westen Wouter Albertsen, which agrees with the translation in the patent to Johannes Clute and with that of the deed itself in Early Records of Albany, 1:63, but absolutely conflicts with the description in the deed given above from Clute to Ludovicus Cobes, unless a distinction be made between the participles belendende and belent, the first indicating that the lot adjoins to the south the street, and the second that the lot is bounded by, or situated on, the north side of the street. No such distinction, however, appears to have been observed in the deeds and it certainly has not been recognized in the confirmatory patents issued by the early English governors. As a result there is in many cases uncertainty as to the relative location of adjoin- ing pieces of property, which should be constantly borne in mind in using the present translations and the early English patents in connection with searches regarding the title to real estate. That in this case the property was actually located on the north side of State street is proved by the above- mentioned deed from Jan Thomase to Cornelis Steenwyck, June 14, 1678, for the corner lot to the west of the property conveyed by Clute, in which this corner lot is described as being breedt voor aen de straet ten suyden twee Roeden ses voet & twee duym . is lang . . . ten westen aen d'
straet vyff Rocden & negen voet. This admits of but one interpretation, namely, that the lot was bounded south and west by the streets. Professor Pearson, in his diagrams of the lots on State street, north side, between North Pearl and James (Munsell's Collections, 4:189), places the lot con- veyed to Steenwyck on the northeast corner of Pearl and State streets. It may be added that Jan Thomassen who deeded the property to Steenwyck was not Jan Thomassen Mingael, as given by Professor Pearson, but Jan Thomassen from Wittbek, as shown by comparison of his signature with that to Notarial Papers, 2:103-5.
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EARLY RECORDS OF ALBANY
patrimonial estate and effects, promising to warrant and defend the same against all persons whatsoever, from all trouble, claims and incumbrances as is right and nevermore to do nor cause anything to be done contrary hereto, in any manner, under binding obliga- tion as by law provided.
Done in Albany, the 8th of May 1679.
JOHANNS CLUTE
Marten Gertsen
Johannes Provoost
Acknowledged before me, ROT. LIVINGSTON, Secretary
Deed from Ludovicus Cobes to Jeronimus Wendel for a lot on Jonker street in Albany
[35] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyk and Schaenhechtady, etc., in presence of the Honorable Mr Marte Gerritse and Mr Johannes Provost, magistrates of said jurisdiction, Ludovicus Cobes, who declared that he grants, conveys and makes over in true, rightful and free ownership to and for the behoof of Jeronimus Wendell a certain lot lying here in Albany on Jonker street, whereon Jeronimus' house stands, adjoining westerly Mr Corn: Steenwyk, easterly the grantor, southerly the street and northerly Timº. Cooper, in breadth in front on the street seventeen feet and five inches and in the rear the same, and in length five rods and nine feet, all Rhineland measure, and in like manner the use of a common alley, 33 feet wide and thirty feet in length, between the houses of Pieter Schuy- ler and him, Jeronimus Wendel with the understanding that he may have a gate, back of the 30 feet, of 33 feet in width, opening out upon the common alley ; which the grantor does by virtue of a conveyance to him made by Jan Cloete on the 8th of this month of a house and lot, whereof this lot is a part, and that free and unincumbered without any charges on, or issuing out of the same (saving the lord's right) and without the grantor's making any further pretension in the least thereto, acknowledging himself fully paid and satisfied therefor, the first penny with the last, and giving plenam actionem cessam and full power to the aforenamed Jeronimus Wendell, his heirs and successors, or assigns to do with and dispose of the same as he might do with his own patrimonial estate and effects, promising to warrant the premises against any
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DEEDS 1678-1704
and all persons and to free the same from all trouble, claims and in- cumbrances as is right and 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 9th of May 1679.
LUDOVICUS COBES
Marten Gertsen Johannes Provoost
Acknowledged before me, ROT. LIVINGSTON, Secretary
Contract between Capt. Thomas de Lavall and Juriaen Teunis- sen Tappen for the sale of a house and lot in Albany
[36] On this 17th of May 1679 appeared before me, Rot. Liv- ingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, etc., and before the underwritten witnesses, Capt. Thomas de La Vall of the one side and Jurian Teunise Tappen of the other side, who hereby acknowledge that in all love and friend- ship they have agreed in manner following, namely Capt. de La Vall acknowledges that he has sold and Jurian Teunise that he has bought of him a certain house and lot, standing and lying here in Albany, being the first house on the west side within the south gate of Albany, at present occupied by Aernout Corn : Viele, and the seller promises the same to deliver to the buyer or to his order, now, immediately, just as it was delivered to him by said Jurian Teunise, who now accepts the same as it lies inclosed, ex- cepting an alley on the south side along the town stockade, and that free and unincumbered (saving the lord's right), for which the buyer promises to pay to the seller or his order one hundred and eighty good, while, merchantable beaver skins, to wit, one hundred and twenty good beavers together with a good black beaver within one month after delivery and the remaining sixty beavers within one year in beavers, wheat, peas, or boards at current rates at the time of payment, at the option of the buyer, and on the final payment the seller shall deliver to the buyer a good and suf- ficient deed (in the meantime said house is specially engaged to Mr Lavall until the time of the last payment as a special mort- gage or security), hereto binding their persons and estates, real and personal, present and future, nothing excepted, and subject to all lords, magistrates, courts, and judges. In confirmation of which
4
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EARLY RECORDS OF ALBANY
they have [subscribed] these without fraud or deceit in presence of Capt. Silv: Salisbury and Rich: Pretty, called as witnesses hereto. Done in Albany datum ut supra.
The words in the margin were written before the signing hereof.1
Silv: Salisbury Richard Pretty
THIO: DE LAVALL JURE JAN TUNSEN
In my presence, ROT. LIVINGSTON, Secretary
Deed from Pieter Bogardus, as attorney for Jonas Bogardus, to Wouter Albertsen van den Uythoff for a lot in Albany
[37] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyk and Schaenhechtady, in presence of the Honorable Mr Ands. Teller and Mr Corn : van Dyk, magistrates of said jurisdiction, Pieter Bogardus,2 in capacity also as attorney of Jonas Bogardus, who declared that he conveyed and made over to and for the behoof of Wouter Albertse van den Uthoff, a certain part of a lot lying herein in Albany between the houses of Dirk Wes- sells and said Wouter Albertse, on which the new house of Antony Lespinard now stands, in length and breadth as it lies impaled (saving the lord's right ) and that Mr Wessels's house remain drip free, which the grantor does by virtue of a patent granted to his mother Annetie Borgardus by the late Governor General Rich : Nicols, of date of the 10th of July 1667,3 whereof this lot is a part, and that free and unincumbered, without any charges on, or issuing out of the same (saving the lord's right ) and without the grantor's making any further claim in the least to the same, acknowledging himself fully paid and satisfied therefor, the first penny with the last and therefore giving plenam actionem cessam and full power to the
1 This refers to the words which in the printed text are inclosed in parentheses.
2 For account of Pieter Bogardus, see Early Records of Albany, I:97, note. June 5, 1683, he obtained letters of administration on the estate of his wife's stepfather, Juriaen Jansen Groenwout, who had died shortly before that date. See Proceedings of Justices of the Peace, 1680-85, p. 414.
3 On this date a confirmatory patent was issued to the heirs of Annetie Bogardus "for a certaine Lott of ground lying neare ye Fort at Albany hauing to ye north a Lott lying in Comon to ye west Martin Herpertsens to ye South ye waggon way & to ye East a Comon path way conteining in length six Rod lying vpon a square, As also a garden lying thereby on ye South side of Dirrick Jansens & on ye north side of Albert Gerrits being in length seauen & in breadth fiue Rod, wch said Patent or Groundbreife so graunted as aforesaid beares date ye 23th day of Aprill 1652."
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DEEDS 1678-1704
aforenamed Wouter Albertse van den Uthoff, his heirs and suc- cessors, or assigns to do with and dispose of the same as he might do with his own patrimonial estate and effects, promising to war- rant and defend the same against all persons from all lawful claims, demands and incumbrances and neither to do nor suffer any- thing to be done contrary hereto in any manner either by or with- out resorting to law, binding himself thereto as by law provided. Done in Albany, the 6th of June 1679.
PIETER BOGARDUS
A. Teller Cornelis van Dyck
Deed from Wouter Albertsen van den Uythoff to Anthony Les- pinard for a house and lot on Jonker street in Albany
[38] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhectady, etc., in presence of the Honorable Mr Ands. Teller and Mr Dirk Wessells, magistrates of said jurisdiction, Wouter Albertse van den Uthoff, who declared that he grants, conveys and makes over in true, rightful and free ownership to and for the behoof of Antho. Lespinard, baker, a certain house and lot standing and lying here in Albany on Jonker street, adjoining eastwardly his, Antho[ny']s, new house, west- wardly Jan Janse Ouderkerk, southerly the street and northwardly Mr Timº. Cooper, being in length eastwardly six rods, three feet, in breadth in front on the street one rod, six feet, eight inches, as long on the west as on the east and in breadth to the north one rod, seven feet and eight inches; likewise Wouter Albertse con- veys to Antho. Le[s]pinard a lot lying here in Albany next to the aforesaid house and lot whereupon the aforesaid Anthony's new house now stands, in length and breadth as it now lies impaled (ex- cepting the lord's right), provided that Mr Wessells's house remain drip free, which first house and lot the grantor conveys by virtue of a patent to him granted by the late Governor General Richd. Nicolls under date of the Ist of May 1667,1 and the last lot by virtue of a conveyance to him given by Pr. Bogardus under date of the 6th of June 1679, whereto reference is herein made, and that free and unincumbered, without any charges on, or issuing out of the same
1 This patent was granted upon a transport made by David Pietersen Schuyler to Wouter Albertsen van den Uythoff, dated the Ioth of Septem- ber 1665, for which see Early Records of Albany, I : 392-93, where the date is given as " the first day of September, 1665, old style."
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EARLY RECORDS OF ALBANY
(save the lord's right) and without the grantor's making any further pretension in the least thereto, acknowledging himself fully paid and satisfied therefor, the first penny with the last, and there- fore giving plenam actionem cessam and full power to do with and dispose of the aforesaid house and two lots as he Anthony Les- pinard might do with his own patrimonial estate and effects, prom- ising to warrant and defend the same against all persons whatso- ever from all trouble, claims, and incumbrances as is right and 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 12th of June 1679.
WOUTER ALBERTS
A. Teller
Dirck Wesselss
Acknowledged before me, ROT. LIVINGSTON, Secretary
Deed from Juriaen Teunissen Tappen to Capt. Philip Schuyler for a farm on the east side of the Hudson river
[39] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, etc., in presence of the Honorable Mr Ands. Teller and Mr Dirk Wessells, magis- trates of said jurisdi tion, Jurian Teunise Tappen, who declared that he grants, conveys and makes over in true, rightful and free ownership to and for the behoof of Capt. Phillip Schuyler, a cer- tain farm lying in the colony of Renselaerswyck, over against said Schuyler's farm called d'Vlakte (the Flat), on the east side of Hudson's river, whereon said Jurian heretofore dwelt, with the dwelling house, barn and two ricks and all the cattle and horses which said grantor has had there, together with all the land, as well arable as pasture, as the same lies in its fence between two kills, and the woodland, together with all the farming tools thereto belonging, all in accordance with the contract of sale thereof dated the 6th of November 1677; which farm aforesaid is a just tenth part of the colony of Renselaerswyck; all of which he, the grantor, does by virtue of a conveyance to him given by the worthy Mr Jeron- imus Ebbinck, husband and guardian of Madam Johanna de Laet, under date of the 7th of July 1676,1 whereto reference is herein made (only excepting the lord's right), and that free and unin-
1 For this conveyance, see Early Records of Albany, 1: 129-30.
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DEEDS 1678-1704
cumbered, without any charges thereon or [rents] issuing out of the same, and without the grantor's making any further claim in the least thereto, acknowledging that he has been fully paid and satisfied therefor, the first penny with the last, and therefore giv- ing plenam actionem cessam and full power to the aforesaid Capt. Phillip Schuyler, his heirs and successors or assigns, to do with and dispose of the aforesaid farm and the appurtenances and de- pendencies thereof as he might do with his own patrimonial estate and effects, promising to warrant and defend the same against all persons from all trouble, claims or incumbrances, as is right, and furthermore neither to do nor cause anything to be done con- trary hereto, either with or without legal proceedings, in any man- ner, binding himself thereto as by law provided.
Done in Albany, the 17th of June 1679.
JURE JAN TUNSEN
A. Teller
Dirck Wesselsz
Acknowledged before me, ROT. LIVINGSTON, Secretary
Deed from Hilletje, widow of Storm van der Zee, to Cornelis van Dyck for a lot on the Fuyck kill at Albany
[40] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyk and Schaenhechtady, etc., in the presence of the Honorable Mr Ands. Teller and Mr Dirk Wessells, magis- trates of said jurisdiction, Hilletie van der Zee, widow of the late Storm van der Zee, deceased, who declared that she grants, conveys and makes over in true, rightful and free ownership to and for the behoof of Mr Cornelis van Dyk, chirurgeon, a certain lot lying here in Albany, south of the Fuyk kill,1 behind said Van Dyk's lot, adjoin- ing westerly Harme Ruttgers, easterly and southerly the grantor and northerly the Fuyk kill, in length westerly three rods, ten and a half feet and easterly three rods, in breadth south and north two rods, all Rhineland measure, which she, the grantor, does by virtue of a patent to her late husband granted by the late Governor Richard Nicolls under date of the 10th of May 1667,2 to which refer- ence is herein made, being a part of the lot mentioned in the afore-
1 The same as Rutten kill, now covered by Norton street; see, Munsell's Annals of Albany, I :132; 2:226.
2 This patent was for land granted by Stuyvesant on April 23, 1652, to Anthony de Hooges and conveyed to Storm Albertsen van der Zee on May
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EARLY RECORDS OF ALBANY
said patent and that free and unincumbered, without any charges on, or issuing out of the same (saving the lord's right) and with- out the grantor's making any further pretensions in the least there- to, acknowledging herself fully paid and satisfied therefor, the first penny with the last, and therefore giving plenam actionem ces- sam and full power to the aforesaid Corn: van Dyk, his heirs and successors, or assigns to do with and dispose of the same as he might do with his own patrimonial estate and effects, promising to warrant and defend the same against all persons whatsoever from all trouble, claims, and incumbrances as is right and furthermore neither to do nor cause anything to be done contrary hereto in any manner, binding herself thereto as by law provided. Done in Albany, the 18th of June 1679.
HILLETIEN VAN DER ZEE
A. Teller Dirck Wesselsz
Acknowledged before me, ROT. LIVINGSTON, Secretary
Bond and mortgage of William Parker to John Pynchon of New England
[41] Appeared before me, Rot. Livingston, secretary of Albany, colony of Renselaerswyck and Schaenhechtady, in presence of the Honorable Mr. Ands. Teller and Mr Dirk Wessells, magistrates of said jurisdiction, William Parker, who acknowledges that he is well and truly indebted and in arrears to Major John Pynshon of N : England in the sum of one and twenty pounds and one shilling sterling for merchandise received to his satisfaction, which afore- said sum of £21 :I Boston money the subscriber promises to pay to the aforenamed Major Pynchon or order at Boston within the time of three months from date (and failing of payment at Boston, said Parker remains obligated to pay said sum here in good beavers reckoned at 12st. apiece, together with the duty (recognitie) and freight of said beavers to Boston),1 therefore binding specially his house2 and lot lying here in Albany on the hill, where he now
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