USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 20
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Bond of Dirck Hendricksen van Gottenburch to Jeronimus Ebbingh
On this day, the 15th of May 1663, Direk Hendricxsz van Got- tenburch1 hereby acknowledged and declared that he had under- taken to pay for Dirckie. Harmens2 as his own proper debt, to and for the behoof of Mr Jeronimus Ebbingh, the sum of one hundred and fifty guilders in good, strung seawan, for goods by her, Dirckie Harmens, received of Mr Lodewyck de Rooy ; therefore promising to satisfy and pay [332] said sum of fl. 150 to Mr Ebbingh, or his order, at the very first opportunity, thereto binding his person and estate, nothing excepted, subject to the authority of all courts and judges. All honestly and in good faith, these are subscribed in Beverwyck in N: Netherland, dated as above.
This mark H S was made by DIRCK HENDRICKSZ VAN GOTTENBURCHI, aforenamed
As witness, G: Startt
In my presence, D. V. SCHELLUYNE, Not. Pub. 1663
1 Gothenburg, or Göteborg, a seaport on the southwestern coast of Sweden; hence Direk Hendricksen is elsewhere referred to as de Saveedt, the Swede ; see Early Records of Albany, 1 :123.
2 Professor Pearson here supplied the name of Weevers. October 6. 1656. Dirckje Harmens was fined 300 guilders for selling beer to the Indians ; see N. Y. Col. Mss, v. 16, pi 2, p. 7.
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EARLY RECORDS OF ALBANY
Bond of Dirckje Harmens to Gerard Swart
On this day, the 16th of May 1663, Dirckien Harmens acknowl- edged that by a settlement of accounts for goods by her received of Lodewyck de Roy, she was well and truly indebted in the sum of one hundred and thirty-one guilders in good, merchantable sea- wan; which aforesaid sum she, Dirckien Harmens, promises at the first opportunity to pay to the honorable sheriff Gerret Swart, or order ; therefor binding her person and estate, real and personal. nothing excepted, subject to the authority of all courts and judges. Honestly and in good faith, these are subscribed in Beverwyck in N : Netherland, dated as above.
DERCKIEN HARMENS In my presence, D. V. SCHELLUYNE, Not. Pub. 1663
Will of Harmen Thomassen Hun from Amersfoort and his wife [333]' In the name of God, Amen: Know all men that on this day, the 26th of May 1663, about 5 o'clock in the afternoon, before me, Direk van Schelluyne, notary public, and before the afternamed witnesses, personally came and appeared the honorable llarmen Thomasz van Amersfort,2 master shoemaker, and Catalina Berex, husband and wife, to me, the notary, and the undersigned witnesses known; both being sound in body, standing and walk- ing, having full possession and use of their faculties, reason, memory and understanding, as outwardly seemed, and without one being able to observe anything to the contrary; which appearers, considering the shortness and frailty of human life, the certainty of death and the uncertainty of the hour thereof, and wishing therefore to anticipate the same by a proper dis- position of all such temporal estate as after the decease of the first of the two it may be found that AAlmighty God has granted them, declare that deliberately and after mature consideration, without inducement, persuasion, or misleading of any persons, they have made, ordained and decreed this their present joint last will and testament, in form and manner following :
1 Between pages 332 and 33. originally numbered 10 and 18, there is one document missing, which is entered in the table of contents as: Concept requeste vande jugelanden cant nieuwe dorp jude Esopus (Draft of petition of the let owners of the new village flour'es | in the Esopus)
? Harmen Thomassen Hun, from Amersfoort, in the province of Utrecht.
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NOTARIAL PAPERS I AND 2, 1660-1696
First and before all commending their immortal souls, whenever they shall be separated from their bodies, to the gracious hands of God, their Maker and Redeemer, and their bodies to a Christian burial, and revoking, canceling and annulling hereby all and every such testamentary dispositions, bequests or last wills as they jointly or separately may have made and executed [334] heretofore, and now deposing anew they, the appearers and testators, have noininated and instituted, as by these presents they do mutually and reciprocally nominate and institute, the survivor of them both as the sole and universal heir of all the estate, real and personal, claims and credits, gold and silver, coined and uncoined, jewels, clothing, woolen and linen, household furniture and other things, nothing excepted nor reserved, which the first deceased of them both on his or her death shall vacate and leave behind, to do therewith as with his or her own absolute property .. without opposition or contradic- tion of any persons, save nevertheless and with this express restric- tion and condition that the survivor shall remain holden to nourish and bring up in an honest and godly way, until they shall come to maturity or marriage estate, the five children by the testatrix pro- created with her former husband, Dirck Bensingh, deceased, namely, Direk aged 13 years, Sampson aged about 11 years, Johannes aged 8 years, Catarina aged 6 years, and Maria Dircxsz Bensingh aged about 4 years, alone, or with the child or children (since she, the testatrix, is at present pregnant, or with child), which they, the testators, may also have in wedlock ; and then to fit out the same as the survivor in his or her conscience shall think proper, without nevertheless the outfit being in any manner obligatory ; which nour- ishment and bringing up they, the appearers, intend and desire that the survivor shall undertake and that their children shall be holden to be content therewith, in place of and for their legitimate · portions (belonging to them by law [335] from their deceased par- ents' estates ), and that in consideration of these weighty reasons, to wit, that her said former husband. Dirck Bensingh, deceased, left her, the testatrix, in her widowhood with a much incumbered estate and that her said present husband with the labor of his own hands has earned, cleared off and paid the greater part of her debts and charges upon said estate. It is furthermore stipulated that in case the testatrix die before the testator, and he, the testator, shall marry again, or leave the country during the minority of said children of the first marriage, then he shall be holden to arrange with the hereinafter named authorized and solicited guardians respecting the children interested herein as they may jointly find just and proper ;
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EARLY RECORDS OF ALBANY
to which end [ the testators] hereby solicit and appoint as associate guardians, Mr Adriaen van Ilpendam and Jan van Aecken for the oversight of said children and carrying out of the contents of this will, which they hereby accept and undertake according to their ability ; and on the departure or decease of one of them, the survivor may choose, take and accept another [to act] with him. Finally, in case the said survivor dies without remarriage, the said children of the first marriage with the child or children which they shall beget together shall inherit and divide equally, share and share alike. the property which the survivor shall leave behind. All that is here- inbefore written, they, the appearers and testators, declare to be their joint last will and testament, willing and desiring that the same after the death of the first of them shall have full force and effect. whether as testament, codicil, donation, gift in anticipation of death, or otherwise, as may be most suitable, notwithstanding that certain formalities demanded by law or rules of court may not herein have been fully observed ; desiring that the utmost benefit hereof may be enjoyed, and that one or more instruments hereof [336] in proper form may be made and delivered by me, the notary, to be used according to the exigencies of the case.
Thus done and executed in Beverwyck near Fort Orange in New Netherland, at the dwelling of the testators, in presence of said guardians, Adriaen van Upendam and Jan van Necken, together with Jan Verbeeck, neighbors of the testators, called and bidden as witnesses hereto.
HARMEN THOMANSZ This mark X was made b: CATALYN- TIE BERCX, aforenamed, with her own hand ADRIAEN VAN IL.PENDAM JAN KOSTER VAN AAKEN
Jan Verbeeck
D. A. SCHELLUYNE, Not. Pub. 1663
Power of attorney of Symon Jansen Turck to Gerard Swart
Symon Turck declares that he hereby constitutes and appoints Mr Gerart Swart, sheriff of the colony of Rwyck, his special attor- ney either as plaintiff or defendant to prosecute or defend to the utmost his case against Andries Albertsz pending undecided before the honorable court of the said colony ; to that end all legal steps to chserve unto judgment and final execution of the same ; and further-
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NOTARIAL PAPERS I AND 2, 1660-1696
more all things to do, transact and perform in the matter aforesaid that may be needful and to him seem advisable, promising at all times to hold valid whatever may be done and performed in the matter aforesaid by the attorney, without any contradiction, bind- ing himself thereto as by law provided. Done in the colony of Rensselaerswyck, the 28th of May 1663.
SYMEN IJAINSSEN TURCK
Will of Eldert Gerbertsen Cruyff and his wife
[337] In the name of God, Amen. Know all men that on this day. the 3d of July 1663. before me. Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, personally came and appeared the worthy Eldert Gerbertsz Cruyff, born in Hilleverson in Gooylant1 in the Netherlands. dwelling in the colony of Rensselaerswyck, and Tryntie Jans, born at Noorstrant in Oost- lant.2 his wife, known to me, the notary, and to the undersigned witnesses ; he, Eldert Gerbertsz, being sick, and she, Tryntie Jans, being sound in body, but both walking and standing and having full possession and command of their senses, mind, memory and understanding, as outwardly appeared, without any evidence to the contrary : which appearers, considering the shortness and frailty of human life, the certainty of death, and the tincertainty of the hour thereof, and wishing therefore to anticipate the same by a proper disposition of their temporal estate to be left behind, declare that withont inducement, persuasion or misleading of any persons they had made, ordained and decreed this their joint last will and testament, in form and manner following: First and before all commending their immortal souls, whenever they shall be separated from their bodies, to the gracious hands of God, their Maker and Redeemer, and their bodies to a Christian burial; and revoking. canceling, and annulling hereby all and every [338] such testa- mentary dispositions and bequests as they jointly or severally may have hitherto made and executed ; and especially a will which the testator made and executed in Amsterdam in Holland in the year 1652, when about to depart hither, holding the same null and of no value, and making a new disposition, they, the appearers and testa- tors, reciprocally declare that they have nominated and instituted, as
1 Hilvrsum, in Gooiland, in the province of North Holland.
" The clerk first wrote "by Hoe" (probably intended for Iloesem, or Husum, in Sleswick, near the island of Nordstrand) and then changed it to " jn Oostlant." Whether "Oostlant" stands for Sleswick, or refers to some small place on the island of Nordstrand. or is intended for Ostland on the island of Borkum, one of the East Frisian islands (in which case " Noort- strant " should have been canceled as well as "hy Hoe ") is not clear.
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hereby they do nominate and institute, the survivor of them both as their sole and universal heir to all the estate, real and personal, claims, credits, gold and silver, coined and uncoined, jewels, cloth- ing, linen and woolens, household furniture and other things, nothing excepted, which the first deceased shall vacate and leave behind on his or her death, whether here, in Holland or elsewhere, to be used as his or her own absolute property, without the opposition, contradic- tion or gainsaying of any person ; provided nevertheless that the sur- vivor of the two remain holden to nourish, maintain and bring up to maturity or to marriage estate the testatrix's son, named Albert Janssz Ryckman, son of Jan Janssz Ryckman, her first husband, deceased, and then fit him out at the discretion [339] of the sur- vivor, which shall serve him for and in place of the lawful portion of his mother's estate belonging to him. Moreover, the survivor shall be holden to turn over to said Albert Janssz one hundred and fifty guilders in beavers or beaver's vahie for and in place of his father's estate ; and on the death of the first of the two, he or she ( the survivor) shall be holden to part with the half of the estate for the behoof of said . Albert Janssz, and if he, Albert Jansz, happen to die in his minority, then what is hereinbefore mentioned shall fall to the survivor of them, the testators; but if they, the testators, happen to die before the said Albert Jansz, then shall he be the sole heir, otherwise the survivor of the two, as above. All of which aforesaid conditions they, the appearers, declare to be their last will and testament, desiring that after the death of the first of the two the same may have full force and effect, whether as testament, codicil, donation, gift in anticipation of death, or otherwise, as may be most suitable, notwithstanding that some formalities demanded by law and rules of court may not have been fully observed herein. and requesting that the fullest benefit herefrom may be enjoyed, and that one or more copies hereof in proper form may be made and delivered, to be used according to the exigencies of the case. Thus done and executed in Beverwyck in presence of Mr Adriaen van lipendam and Harman Jansz Ryckman, good friends of the testators, called as witnesses hereto.
ELLERT GERBERTSZ CRUIF This mark X was made by TRYNTIE JANsz, aforenamed
Adriaen van Ipendam, witness This mark + was made by Harmen Janss Ryckman, aforenamed
D. V. SCHELLUYNE, Not. Pub. 1663
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NOTARIAL PAPERS 1 AND 2, 1660-1696
Power of attorney from Sander Leendertsen Glen to Govert Loockermans
[340] On this day, the fourth of July 1663, appeared before me, Dirck van Schelluyne, notary public, and before the after- named witnesses, Sander Leendertsz Glen, who declared that he constituted and appointed hereby Govert Loockermans, trader at Amsterdam in N: Netherland, his special attorney to transfer and in ownership to make over to Fob Jansz Outhout, according to a contract dated the 2d of .April 1658, a certain house and lot wherein he, Fob Jansz. now dwells, standing and lying in New Amstel on the South river; therefore, the same to vest in and put in possession of the buyer, and the principal to divest and dispossess thereof ; the stipulated purchase money to receive and pay to William Teller, or his order ( who has a right to the same ) ; acquittance for the receipts to grant and in case of refusal to pay, the house and lot to take back and sell or cause to be sold to meet the payment thereof ; and if the money proceeding therefrom does not amount to so much, the remainder to recover from his person and estate without loss or damage; to this end all the terms of the courts to observe unto judgment and extreme execution thereof, and furthermore all things to do, transact and perform which may be needful and may seem to him proper, promising at all times to hold valid whatever in the aforesaid matter may be done and performed by said attor- ney, without any opposition ; provided the attorney be holden a proper return to make of his said transactions and receipts when . required. Thus done and executed in the colony R: wyck in pres- ence of Mr Arent van Curlar and Mr Jacob de Hinsse, chirurgeon, called as witnesses hereto.
SANDER LENRSEN
A. van Curler
J. Dchinsse
Bond of Aert Goossens van Twiller to Gerrit Hendricksen van Rys
[341] On this day, the 4th of July 1663, appeared before me, Direk van Schelluyne, notary public, and before the afternamed witnesses, Aert Goossens van Twieler, dwelling in said colony, born at Nieukerck in Gelderland, and acknowledged that he was well and truly indebted to Gerrit Hendricxsz van Rys, free trader here, in the sum of ten hundred Carolus guiklers, Holland money, growing out of the purchase and delivery of sundry goods by him received
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EARLY RECORDS OF ALBANY
to his content and satisfaction; which said sum of ten hundred Carolus guilders, he, the appearer, [ van Twieler] solicits and charges his brother-in-law Wert Janssz, shoemaker, at Nieukerck aforenamed, or otherwise the lon. Peel van Hennekela, sheriff there, who is to have the full administration and direction of his inherited estate, to pay to the said Van Rys ( who proposes to return to the fatherland in the ship de Rooseboom, lying ready to sail ). or in case of his death to his heirs and descendants, immediately after sight of these, out of the inherited estate and effects, which devolved upon him, the appearer, by the death of his mother Enneke Goosens, deceased, his aunt Gerbertie Geurts, deceased,1 and other property which may have been bequeathed to him, entrusted to his said brother-in law : and in case of failure or refusal to pay, pro- ceedings may be had against him to recover the same with costs, damage and interest on the same, to commence from the day of refusal and to run till full and effectual payment thereof ; herefor binding his person and estate and especially the property and effects deposited with his brother-in-law at Nieukerck, subject to the authority of all lords, courts and judges, especially and chiefly of the honorable court of Geklerland for the recovery of said sum and interest thereon in manner aforesaid. Thus done and executed in the colony of Rensselaerswyck in N: Netherland, in presence of the Honorable Arent van Curler, commissioner (gecommitteerde ) of said colony, and Willem Teiller, lieutenant of the burgesses' corps in Beverwyck, called as witnesses hereto.
AERT GOOSENS TWYELER
A.van Curler Willem Teller
D. V. SCHELLUYNE, Not. Pub. 1663
Contract of Gerrit Claessen van Nieukerck to serve on the farm of Maritie Mynders and Jacques Cornelissen van Slyck [342] On this day, the 7th of July 1663. Maritie Mynders, widow of Jan Barentsz Wemp, and Jacques Cornelisz2 acknowledge that they have jointly hired and Gerrit Claesz van Nieukerek, farm servant, that he has bound himself faithfully to serve them on their farm at Schanechtede in tilling the land and what appertains thereto, for the term of one year, beginning next harvest time, and
1 At this point the words "and his deceased brother Seger Goossens " were crossed out.
" Jacques Cornelissen van Slyck.
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NOTARIAL PAPERS I AND 2, 1660-1696
when she, Maritie Mynders, who has hired him for herself till that time, can spare him. For which service they, the hirers, at the end of the year promise to pay him, Gerrit Claesz, besides reason- able board during the year, the quantity of thirty-four beaver skins reckoned at eight guilders apiece, to wit, the half thereof in grain at beaver's price, and the other half, being seventeen beavers, in goods and merchandise also at beaver's value. For the perform- ance and satisfaction of these presents, the parties hereto mutually bind their respective persons and estates, nothing excepted, subject to the authority of all courts and judges. Done in the colony of Rensselaerswyck, dated as above.
This mark was made + by MARITIE MYNDERS, aforenamed ACKES This mark X was set by GERRIT CLAESSZ, aforenamed
As witnesses : Jan Corneliss van der Heyden Cornelis Cornelisz Vielè
D. V. SCHELLUYNE, Not. Pub. 1663
Bond of Storm Albertsen van der Zee and Cornelis Teunissen Slingerlant to François Hooglant, agent of Gerrit Suyck and Co., merchants at Amsterdam
[343] On this day, the 9th of July 1663, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Storm Albertsz van [der] See and Cornelis Theunisz Slingerlant, traders here, who acknowledged that they were well and truly indebted to Mr Franscois Hooghlant, in capac- ity as agent for Messrs Gerret Suyck and Company, merchants residing at Amsterdam and thereabouts in Holland, according to power of attorney dated the 24th of March last, executed before Notary Hendrick Schaeff and certain witnesses, shown to us, [the present] notary and witnesses, namely, Storm Albertsz, for account of Mr Roeloff Swartwout, sheriff in the Esopus, in the sum of three hundred and twenty guilders in beavers, and the said Slingerlant in eight hundred and twenty-four guilders likewise in beavers, arising from divers goods and merchandise received to their con- tent and satisfaction as far back as the year 1661. For the payment of which said sums the said Slingerlant promises to deliver now at once as many boards (counting 20 boards to the beaver) as possible
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in part payment of said respective sums and for the balance which shall then be found to be due they authorize and hereby give full power to the aforesaid Hoochlant to sell their respective shares in their deceased mother's estate, namely, two eighth interests which they have in the house and lot now occupied by the honorable Burgo- master Allard Anthony at Amsterdam in New Netherland, accord- ing to the instrument thereof executed before me, the notary, and certain witnesses on the 3d of June 1662, and that for the sum of forty beavers for each interest, but if he. Hoochlant, chooses to sell them for less the loss shall be his; therefore, he. Hoochlant, shall relinquish all his right and title to the same to the purchaser, and if he does not sell them, the said two eighth interests shall remain mortgaged until the remaining sums be paid and satisfied, for which reason it is requested that these presents be recorded in the [344] secretary's office of the aforesaid city. And in case no pay- ment be received, the appearers promise, each for himself, to pay the said respective balances in boards, at the price above stated, in the spring of the year 1664, punctually, without further delay, the aforesaid two eighth interests remaining bound meanwhile till such time as the balance of the sums shall be satisfied and paid, for which the appearers furthermore generally bind their persons and estates, nothing excepted, subjecting the same to the jurisdic- tion of all courts and judges. Thus done and executed in Bever- wyck in N : Netherland, in presence of
Power of attorney from Storm Albertsen van der Zee to François Hooglant
On this day, the 9th of July 1663. appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Storm Albertsz vander See, who declared that he hereby constituted and appointed Mr François Hoochlant in capacity as agent for Messrs Gerret Suyck and Company, merchants in Amsterdam and thereabouts, in Holland, his special attorney to sell his just eighth interest in a house and lot standing and lying in Amsterdam in N : Netherland, at present occupied by the honorable Burgomaster Allard Anthony, which came to him by the death and decease of his mother, according to the agreement regarding the settlement of the estate executed before me. the notary, and certain witnesses the 3d of June 1662; accordingly, the buyer to vest therein and to put in possession thereof ; the stipulated purchase money to receive
1 The document is canceled and not executed.
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NOTARIAL PAPERS I AND 2, 1660-1696
and acquittance for receipts to [345] grant ; of which sale the said Hooghlant (also appearing here) accepts the proceeds reckoned at forty beavers at eight guilders apiece, as they in that respect have agreed and contracted with each other, the profit and loss in case of sale to be at his risk, in full payment of three hundred and. twenty guilders in beavers which Mr Roeloff Swartwout, sheriff in the Esopus, owes him in his aforesaid capacity and for which he, Storm Albertsz, hereby personally offers himself as debtor; but in case he, Hoochlant, does not sell said eighth interest ( which not- withstanding shall remain mortgaged to him until said sum shall be satisfied ) then he, Storm Albertsz, promises to pay him, or his order, in the spring of 1664, in good, merchantable boards reckoned at twenty boards for one beaver. to be delivered on the shore where they can be conveniently shipped ; [the parties] mutually promising faithfully to perform these and never to do nor cause anything to be done contrary hereto, binding thereto their respective persons and estates, nothing excepted, subject to the authority of all courts and judges. Thus done and executed in Beverwyck in N : Nether- land, in presence of Mir Jan Hendricxsz van Bael, trader here, and Jacob Jansz van Noorstrant, called as witnesses hereto.
STORM VANDER ZEE FRANCOIS HOOGLANT
J. H. van Bael: Jacob Jansen
D. V. SCHELLUYNE. Not. Pub. 1663
Bond of Jan Barentsen Dulleman to Pieter van Alen [346] On this day, the Ioth of July 1663, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, Jan Barentssz Dulleman, baker, dwelling in Beverwyck in N: Netherland, who acknowledged that he was well and truly indebted to Mr Pieter van Alen in the sum of six beavers reckoned at eight guilders each, growing out of what he owed to Cornelis Vos, and for which he, Van Alen, caused his property to be attached, in consequence of and according to the tenor of a judgment of the court of the colony of Rensselaerwyck of date the 21st of June last, (to me, notary in capacity of secretary of said colony, known). which said six beavers, or in place thereof thirty-six guilders Hol- land money, he, the debtor, hereby requests Lucas Aertsen, smith, and Mattys Harmenssz, shoemaker, his uncles and guardians, dwell-
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