USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 24
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[395] In the name of the Lord, Amen. Know all men that upon this 22d day of November 1663, about eleven o'clock in the morning, before me, Dirck van Schelluyne, notary public, and the hereinafter named witnesses, personally came and appeared Cor- nelis Segersz van Voorhout, husbandman, and Brechie Jacob's daughter, his wife, dwelling in the colony of Rensselaerswyck, to me, the notary, and the afternamed witnesses known, said Cor- nelis Segers being sound of body and she, Brechie Jacob's dr., indisposed, though up and about, both having perfect command and use of their faculties, reason, memory and understanding as far as one could judge from ontward appearances ; which appearers, considering the shortness and frailty of human life, the certainty of death and the uncertainty of the hour thereof, and therefore wishing to anticipate the same by a proper disposition of their temporal estates, declare that without any inducement, persuasion or misleading of any persons they have mutually made, ordained and determined this their last will and testament in manner follow-
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EARLY RECORDS OF ALBANY
ing: First and before all commending their immortal souls, when- ever they shall be separated from their bodies, to the gracious and merciful hands of God, their Creator and Redeemer, and their bodies to a Christian burial, and jointly and severally declaring that hereto- fore they have neither made nor executed any testamentary dispo- sition and they, the appearers and testators, therefore now proceed- ing hereby to make and to dispose in the matter, they. the appearers and testators, by these presents do nominate and institute [396] as their sole and universal heirs, their children, viz: Cornelis Cor- nelissz van Voorhout, Lysbet Cornelis, wife of Mr François Boon, Jannetie Cornelis, wife of Jacob Schermerhoorn. Neeltie Cornelis. wife of Hans Carelssz, and the children of Claes Cornelissz van Voorhout, deceased, representatives of their father, and that with regard to the entire estate, real and personal, claims and credits, gold and silver, coined and uncoined, jewels, clothing, linen and woolen, household furniture, etc .. nothing excepted or reserved. which the survivor of both of them shall vacate and leave behind at his or her death, to do therewith as with their own property. without question or opposition from any persons; provided never- theless and with this express restriction and condition that the sur- vivor of both of them shall remain in full possession of the estate and enjoy the income and usufruct thereof during his or her life. | the testators] therefore not willing nor desiring that any account- ing or inventory of the estate shall be demanded of the survivior, under any pretext whatever, but that the same on the death of the one longest living shall at once be apportioned and divided between the said children, or in case of the decease of their aforesaid children the grandchildren in the place of their parents as herein- before stated. Finally, the testatrix likewise hereby bequeathes to said Neeltie Cornelis, her youngest daughter, all the linen and woolen clothing which she may die possessed of, to be immediately possessed and made use of on her death ; all this for good reasons the appearers' minds thereto moving. [ 397] All which aforesaid conditions they, the appearers and testators, mutually declare to be their last will and testament, willing and desiring that the same, after the decease of the first of the two, shall be executed and performed, and that the same shall have effect whether as testament, codicil, donation, gift in anticipation of death, or other-
1 Hle was a son of François Boon, the rector, or principal, of the Latin school at Nykerck. See G Beernink, De Geschiedschrijver en Rechtsgeleerde Trend pan Shchtenhorst en sim zader P ant van Shchtenherst. Arnhem 1916, P 32, 152.
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NOTARIAL PAPERS I AND 2, 1660-1696
wise, even though certain formalities demanded by law or practice have not herein been fully observed and complied with; desiring that the utmost benefit may be enjoyed herefrom, and that one or more copies, hereof may be made and delivered by me, the notary, in the usual form, to be used as occasion may require. Thus done and executed in the colony of Rensselaerswyck, in the presence of Wouter Albertsz van den Uythoff, baker, and Harmen Thomasz van Amersfort, shoemaker, both dwelling in Beverwyck, called as witnesses hereto.
CORNELIS ZEEGERSZOON VAN VOOR- HOUT This mark X was made by BRECHIE JACOB'S dr., aforenamed
Wouter Albertsen Harman Thomansz
D. V. SCHELLUYNE, Not. Pub. 1663
Power of attorney from Philip Pietersen Schuyler to Paulus Cornelissen
[398] This day, the 6th of December 1663, Mr Phillip Pietersz Schuyler declares that he hereby constitutes and appoints the bearer hereof, Paulus Cornelissz,1 proposing to depart for the Esopus, his special attorney to demand, collect and receive either in an amicable way or else by means of judicial proceedings from Tjarck Claessz de Wit, dwelling in the Esopus aforesaid at Wild- wyck. the sum of two hundred and fifty-six guilders, or 32 beavers, or the value thereof in grain, which he, de Wit, is bound to deliver here without loss or damage in accordance with an obligation dated the 10th of July 1661, the original of which is placed in the hands of the attorney; together with eighteen guilders in beavers on account of the purchase and delivery of a kettle; therefore, for receipts acquittance to grant and in case of refusal to constrain him by rigor of law and justice to the payment thereof with costs, damage and interest on the same; likewise by attachment against his person and estate to proceed to judgment and the extreme execution thereof ; and furthermore all things to do, perform and transact which may be needful and may seem to him proper ; promising at all times to hold as true whatever in the matter shall be done and performed by said attorney, without any opposition,
1 Paulus Cornelissen van Flensburg ?
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EARLY RECORDS OF ALBANY
provided that the attorney be holden a proper return to make of his said transactions and receipts when required. Done in Bever- wyck in X: Netherland, dated as above.
PHILLIP PIFTERSZ SCHUYLER
As witnesses : G: Swart! Jan Roelofss1
In my presence, D. V. SCHELLUYNE, Not. Pub. 1663
Contract for the sale of an outfit of clothes from Aert Goossens van Twiller to Gerrit Gysbertsen (canceled)
[399] On this day, the 27th of December 1063, Aert Goosens van Twieler acknowledges that he has sold and Gerrit Gysbertsz, farm servant on the farm of the late Jan Barentsz Wemp, that he has bought and last evening to his content received all the clothes which he then had on his body, took off and handed over to the buyer: to wit, a cloth coat, a black bombazine suit, black hat. a cravat, smock frock, shirt, two pairs of stockings and a pair of shoes, inclusive of a pocket handkerchief and a tobacco box which he had in his pocket; for which the said Gerrit Gysbertsz, the buyer, promises to pay the quantity of thirty-two good. whole,
1 llis signature is the same as that of Jan Roeloffsen, the son of Anneke Jans Bogardus by her first husband Roeloff Jansen van Masterland, who with other heirs of the said Anneke Jans on June 21, 1003, signed a contract for the sale of the mother's house to Dirck Wesselsen Ten Broeck. The same signature is affixed also to a deed of June 18, 1659, which refers to a patent for land in Beverwyck granted to Jan Roeloffsen on March 24, 1654. He was undoubtedly the same person as Jan Roeloffsen who on November 25. 1054, took the oath as surveyor of Beverwyck and in all probability he must also be identified with Jan Roeloffsen who on February 10, 1654. testified before the court at Beverwyck that he was 20 years of age and van decsen lande geboortigh, meaning that he was born in New Netherland. In Early Records of . Albany, 1:1, 200, and other places. Professor Pearson has sup- plied after the name of Jan Roeloffsen the words " De Gover," thereby con fusing him, as has been done also in History of the Schenectady Patent. p. 140, 263, with Jan Roeloffsen de Goyer, who perished in the burning of Schenectady in 1000. This man, as his name indicates, came from the Gooi, or Goodland, in the province of North Holland. He had a wife l'acte Pieters, whom he ill-treated in such a way that the court look cognizance of the matter and that on December 5, 1082, he was forced to make a solemn promise to live in harmony with her. Jan Roeloffsen, the son of Anneke Jans was still unmarried at the time of his mother's death in 1603. See Deeds. 2'160, 225. 402 ( translated in Early Records of albany, 1:251, 260-70, 324) : Court Minutes, 1652 56, p. 96, 170: Proceedings of the Justices of the Pouce, 1080-85. p. 330; . Albany alanals, 4:14 15: L'an Rensselaer Bowser Mss D. 56-57. 308, 806; Documentary History of New York, oct. cd. 3:305: and will of Anneke Jans in this volume.
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NOTARIAL PAPERS I AND 2, 1660-1696
merchantable beaver skins, reckoned at eight guilders apiece, on the following conditions :
Whereas the seller proposes, with God's help, to depart for Holland next year, 1664, in one of the Holland ships which are then expected at Manhatans, therefore the buyer shall be holden and promises by these presents the said thirty-two beavers to pay to the seller promptly and precisely, without any delay or exception, as soon as and whenever the seller's name shall be posted in the customary place [as among those who intend] to depart for Hol- land : but in case the seller before the posting of his name as above happens to die, the buyer shall not be holden to pay anything what- ever for said clothing ; but after the posting of his name and before the ship departs, if the seller falls sick, or indisposed, or dies (which God forbid) then shall said thirty-two beavers nevertheless be paid; and for [400] the greater security of good and punctual payment of said beavers there have offered themselves as sure- ties, namely, [blank] for sixteen of said beavers and [blank] for the remaining sixteen beavers. Finally, the seller shall in like man- ner be holden to give sufficient sureties when he receives said beavers for his certain departure for Holland, accidents excepted as above, which security shall last until he shall sail with the ship from the roadstead at Manhatans, and no longer. For the execu- tion and performance of what is written above, the parties mutually bind their persons and estates, nothing excepted, subject to the authority of all courts and judges; in good faith, without craft or guile, these are subscribed in Beverwyck in New Netherland on the date above written in presence of [blank].
The parties hereto have mutually withdrawn from and given up the above contract of sale, each party remaining free, and the contract is therefore canceled. Datum ut supra.
Articles of separation of Steven Jansen Coninck and Maria Goossens
[401] This day, the 29th of December 1663, appeared before me, Dirck van Schelluyne, notary public, and before the herein- after named witnesses, Steven Janssz Coninck1 and Maria Goos- sens, married people, making known that on account of divers
1 Apparently the same as Steven Jansen, carpenter, who with his wife and child came to the colony from Manhattan in 1649. See l'an Rensselaer Bower Mss,.p. 839, and Early Records of Albany, 1:193-94, 223-25, 230-33. His wife was probably a daughter of Goossen Gerritsen van Schaick.
2.5.1
EARLY RECORDS OF ALBANY
disputes and differences (God help them) they, the appearers, now for more than eight years have kept apart and been separated from bed and board with the knowledge and consent of the honor- able court of Fort Orange; and as there is no likelihood that the appearers (as they declare ) will again unite to live together in quietness, peace and godliness, therefore, in order to prevent fur- ther strife and mischief, they deliberately and after mature con- sideration do hereby fully and absolutely absolve each other henceforth and forever from their nuptial bonds and marriage relation, without ever holding any further intercourse with each other in any manner whatever, but on the contrary mutually grant- ing each other freedom to marry, live and keep house together in any way that shall be consistent with ecclesiastical or worldly law and statutes, requesting therefore all honorable courts. tri- bunals and judges to whom these presents may be shown that the utmost benefit hereof may be enjoyed. Respecting the chiklren which they have begotten together, Maria Goossens shall at her own charge maintain, nourish and educate the same, he, Steven Jansz, renouncing his paternal obligations; and therefore Maria Goossens shall remain in full possession of the estate. all debts and credits for her own profit and loss. And as respects the debts which have been incurred by one or the other during their separa- tion from [402] each other, each shall assume and pay his own.
They, the appearers, promise faithfully to perform the contents of these presents and nevermore to do nor cause anything to be done contrary to the same either in or out of court, in any manner whatever, binding themselves thereto by law provided. Thus done and executed in the colony of Rensselaerswyck in N: Netherland, in presence of Messrs Arent van Curlar, commissioner and coun- cilor, and Gerard Swart, sheriff, of said colony, as witnesses hereto called.
This mark + was made by MARIA GOOSSENS, aforenamed This mark + was made by STEVEN JAXSSZ, aforenamed
A: van Curler G . Swartt
D. V. SCHELLUYNE, Not. Pub 1663
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NOTARIAL PAPERS I AND 2, 1660-1696
Power of attorney from Maritie Mynderts, widow of Jan Bar- entsen Wemp, to Poulus Cornelissen, Thomas Chambers and Hendrick Jochemsen
[406]1 This day, the Ioth of January 1664, appeared before me. Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, Maritie Myndertsz, widow of the late Jan Barentsz Wemp,2 dwelling in the said colony [of Rensselaers- wyck], and declared that she hereby constituted and appointed Poulus Cornelissz, Thomas Chambris 3 and Hendrick Jochemssz jointly and severally her special attorneys in legal manner and therefore with the consent of the honorable court of the village of Wildwyck in the Esopus to take, attach and hold in safe-keeping the farm, comprising the land, house, barn, ricks, grain, horses and cattle as well as household furniture and other effects, goods, implements, claims and credits, belonging to Aert Pietersz Tack4 and possessed by the said Tack's wife in the Esopus, and after making an inventory thereof to hold everything securely until the subscriber be fully paid and satisfied whatever is due to her from him according to the proofs thereof in part sent herewith to the attorneys and the rest to be delivered to them as soon as possible next spring, the said farm and other property being especially pledged and mortgaged to the subscriber; and furthermore all things to do and perform in this matter which may be needful and to the attorneys may seem advisable in the interest of the subscriber and her children, she promising at all times to hold valid whatever shall be done and transacted by said attorneys either jointly or severally by virtue of these presents, without any opposition, bind- ing herself thereto as by law provided. Thus done and executed in the colony of Rensselaerswyck in N: Netherland, in presence of Jan Nack and Cornelis van Schelluyne, called as witnesses hereto.
This mark + was made by MARITIE MYNDERTSZ, aforenamed
Jan Nack C. V. Schelluyne
1 Page 403 is blank and pages 404-5 contain a list of the instruments recorded on pages 406-82, which constitute part 4 of the volume, page 405 being originally numbered I.
2 Jan Barentsen Weinp died in the early summer of 1663. His widow soon after the date of this document married Sweer Teunissen van Velsen. 3 Thomas Chambers.
4 Aert Pietersen Tack was the son-in-law of Maritie Mynderts ; see Dutch Records of Kingston, rev. tr. by Samuel Oppenheim, p. 156. and also p. 150-51, 157-58, where the court proceedings in this suit are found. See also petition of Poulus Cornelissen and Jan Cornelissen van der Heyden, agents of Marietje Meynderts, praying that the creditors of Wemp's estate may be ordered to refund the proceeds of sales of certain property in the Esopus. dated April 25, 1664, in New York Colonial Mss, 10:207.
EARLY RECORDS OF ALBANY
Contract between Gerrit van Slichtenhorst and Cornelis Teunis- sen Hoogeboom regarding the latter's service as foreman in the tile yard
[407] This day, the 21st of January 1664, Mr Gerrit Slechten- horst has hired and Cornelis Theunisz Hoogeboom1 has bound him- self faithfully to serve said Slechtenhorst in his pantile kiln in mak- ing tiles and whatever appertains thereto ; also in cutting wood and in performing such other duties as he can render at the pleasure of said Slechtenhorst and to be obedient to him as a faithful servant ought to be; he, Hoogeboom, under the authority of said Slechten- horst, to have the direction of the other laborers in the pantile kiln : which service shall last from this date until November next, or as long as the weather shall be suitable for tile making; for which service said Slechtenhorst promises to pay said Hoogeboom the quantity of sixty beavers, half in pantiles at beaver's value, besides reasonable board during his term of service. It is further stipu- lated that in case said Hoogeboom of his own fault happens to lose any proper work days, then for each day lost he shall be docked two beavers every time on his stipulated wages; and if he is sick or indisposed so that he can not work, he shall receive pay for his service according to the amount of time he has worked, without asking for or claiming more. For the execution and performance of which the respective parties mutually bind their persons and estates, nothing excepted. subject to the authority of all courts and judges.
Done in Beverwyck dated as above.
This mark LII was made by CORNELIS THEUNISZ HOOGEBOOM GERRIT SLICHTENHORST
Jacob Lokermans Cornelis Bogardus
Contract of sale of a house and lot from Gerard Swart and Abra- ham Staets to Hendrick Cuyler
[408] On this day, the 27th of February 1664, appeared before me, Direk van Schelluyne, notary public, and before the after- named witnesses, Mr Gerard Swart and Abraham Staets, as attor- neys for Mr Pieter Hartgers, of the first part. and Hendrick Cuyler. of the second part : the aforesaid attorneys acknowledging that they
1 This is probably a mistake for Cornelis Pietersen Hoogeboom, who was a brickmaker and tilemaker in Beverwyck at that time.
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NOTARIAL PAPERS I AND 2, 1660-1696
had sold and Hendrick Cuyler that he had bought of them a cer- tain, the sellers' (in their capacities as attorneys) house and lot with all that there in, upon and to is fast by nail or earth, and further with such servient and dominant estates and rights as said Hartgers has owned the same up to this date, according to the patent and deeds of ownership thereof, just as said house and lot stand and lie built upon, fenced and impaled and by the purchaser are used under lease, on the hill in the village of Beverwyck; bounded on the north side by Jacob Schermerhoorn, on the east side by the highway, on the south side by Sander Leendertsz and on the west side also by the highway ; 1which said house and lot are being sold and shall be delivered to the buyer free and unincumbered, without any charges thereon or issuing out of the same, saving the lord's right; for the purchase of which said house and lot said Hendrick Cuyler promises to pay the sum of eight hundred and fifty guilders in good, whole, merchantable beavers reckoned at eight guilders apiece, in three [409] instalments, the first just third part of said sum in the month of July next, the second in the month of July 1665, and the third in the month of July 1666, every time punctually and without longer delay; with the payment of the last instalment, said house and lot shall be lawfully conveyed to the buyer and the buyer shall take possession of and occupy said house and lot from the first of May next at his own risk and profit. For the execution and performance of the above the respective parties hereto mutually bind their persons and estates, nothing excepted, subject to the jurisdiction of all courts and judges. Thus done and executed in Beverwyck in New Netherland, in presence of Jurriaen Theunissz and Jan Hendricxsz van Bael, called as witnesses hereto.
G: SWARTT ABRAM STAAS HENDRICK COYLER
Jureyan Tunsen J. H. van Bael
D. V. SCHELLUYNE, Not. Pub. 1664
Agreement by the relatives of the late Claes Cornelissen Swits not to prosecute Philip Hendricksen for the killing of said Swits
[410] On this day, the ist of March 1664, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter
1 This house and lot was on the east side of North Pearl street, near State street, and ran through to James street. J. P
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EARLY RECORDS OF ALBANY
named witnesses, Elsie Tjarex, wife of Phillip Hendricksz, brewer, of the first part, and Jan Labatie, as husband and guardian of Jil- lissie Claesz, his wife, being full aunt of the late Claes Cornelissz Swits, and Isaack Cornelisz Swits, young man aged 20 years, brother of said Claes Cornelissz Swits, deceased, both for them- selves and herein representing and taking the place of Adriaentie Cornelis Swits, mother of said Claes Cornelissz, deceased, and furthermore undertaking for all their other sister, brothers, rela- tives and kindred, of the second part : who made known that in the month of September last ( God help them) an unfortunate accident happened, namely, that said Phillip Hendriexsz came with his gun en passant to shoot ducks on his land at Schenectady where said Claes Cornelissz was plowing by order of Mr Willem Tailler. whereat Phillip being angry, he forbade Claes to plow there any more and [tokl him] to move off the land, as he had more than once done before. Some words being had about this, Phillip finally said that he must go off the land with the plow or he wonkl ( with your leave ) fire shot into his buttocks, as also he did; whereof said Claes about three or four hours later died: but he. Claes Cornelissz, immediately with heart and hand forgave said Phillip the shot as not having been intended as seriously as it turned out to be, as is also known to the aforesaid Isaack Cornelisz, then likewise present. Wherefore they. Jan Labatie and Isaack Cornelisz. for themselves and for their relatives and kindred aforenamed, cordially forgive said Phillip Hlendriexsz and acquit him of said unfortunate man- slaughter | 411] committed upon said Claes Cornelisz, not desiring or meaning to take any revenge therefor themselves, nor that any should ever be taken by any of their kin, begging all honorable courts and tribunals before whom these presents may come to accord the like immunity, pardon and forgiveness to said Phillip Ilendriexse, authorizing me, the notary, to issue an authentic instru- ment hereof to be used as the case may require. Thus done and executed in the colony of Rensselaerswyck in N: Netherland, in presence of Jacob Schermerhoorn and Matheus Abrahamsz, called as witnesses hereto.
JAN LARATIE This mark X was made by ISAACQ CORNELISZ SWITS, aforenamed. Approved by us, the undersigned :
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NOTARIAL PAPERS 1 AND 2, 1660-1696
ADRIAENTIE CORNELIS, mother of the deceased, and by MYNDERT HARMENSZ and FRANSOIS HARMENSZ, nephews of the same,1 this 7th of July 1664.
This mark X was made by ADRIAENTIE CORNELIS, aforenamed MEYNDERT HARMENSZ FRANS HARMANSZ
Jacob Jansen Schermerhooren
This mark M A was made by Matheus Abrahamss
D. V. SCHELLUYNE, Not. Pub. 1664
Agreement between Goossen Gerritsen van Schaick and the orphan masters regarding the conveyance of certain property to his daughter Geertie in satisfaction of her interest in her mother's estate
[412] This day, the 4th of March 1664, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, the Honorable Goossen Gerritsz, magistrate of Fort Orange and Beverwyck, lately widower of the late Gerritie Brants,2 of the first part, and Jan Verbeeck and Evert Wendel, in capacity of orphan masters of this place and as such guardians of Geertie Goossens ( his daughter) on account of her mother, of the second part ; and declared that they had amicably agreed and con- tracted with each other regarding the buying out ( uytcoop) of said Geertie Goossens's interest in her mother's estate and inheritance, as follows :
The aforesaid Goossen Gerritsz hereby promises to deliver and convey to the behoof of said Geertie Goossens, in full satisfaction of her said maternal inheritance and of her just portion, the house and lot which she now occupies, such as the same is fenced and impaled, standing and lying on the hill, to the south of the house and lot of Hendrick van Doesberch and to the north of Hendrick Roosenboom, in Beverwyck aforesaid; together with all the linen and woolen clothes of her said mother, as they are together at
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