USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 25
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1 Meyndert and Francois Harmensen were sons of Surgeon Harmen Meyndertsen van den Bogaert, the first husband of Jillisje Claesse Swits, mentioned in the document as the wife of Tan Labatie.
2 She was a daughter of Brant Peelen of Nykerck. See Van Rensselaer Bowier Mss, p. 822. Goossen Gerritsen van Schaick, or van Schayck, came from Westbroeck, in the province of Utrecht, and was probably related to the van Schayck family of Amersfoort, various members of which in the 16th and 17th centuries repeatedly held the offices of councilor, schepen and burgo- master in the government of that city. Peter Peelen, who is mentioned as an orphan master at Amersfoort, 1640-47, may also have been a relative. See Abraham van Bemmel, Beschryving van de stad Amersfoort, Utrecht 1760, 2 :484, 535-700, 715.
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EARLY RECORDS OF ALBANY
present, to be appraised by impartial persons ; also a bed and one cow; the movable goods being appraised at sixty-one beavers at eight guilders apiece and the house and lot at seven hundred guilders. On the other hand said Goosen Gerritsz shall remain in full possession of the estate, all debts and credits to be his loss and profit, without prejudice to the rights of the three younger children, the said house and lot, linen and woolen clothes to be received and delivered to this end by and to said Geertie Goossens. [413] Where- with the parties are agreed and satisfied, mutually promising never- more to do nor cause to be done anything contrary hereto, either in or out of court, for which they bind themselves as by law pro- vided. Thus done and executed in Beverwyck, in N: Netherland, in presence of Jan van Aecken and Stoffels Jansz, called as wit- nesses hereto.
Jan Koster Stoffel Janss
GOOSEN GERRETSEN JAN VERBEECK, orphan master EVERT WENDEL. orphan master D. V. SCHELLUYNE, Not. Pub. 1664
Appraisal of the clothing of the late Gerritie Brants
We, the undersigned. Elsie Jan's daughter, wife of Jan van lecken, and Neeltie Jan's daughter, wife of Stoffel Jansz, herchy certify that to the best of our knowledge, as impartial persons called for this purpose, we have valued and appraised the following linen and woolen clothes of the late Gerritie Brants, deceased wife of Mr Goossen Gerritsz van Schack
An armozine skirt with green lining. valued at " beavers A black silk skirt, valued at.
1 scarlet petticoat, at. 8 19
Another scarlet petticoat, al ....
An apron, a cloak, a bodice, two short cloaks, and two pairs of sleeves, valued together at. 6
..
1414] Four round handkerchiefs, at.
1
Six handkerchiefs, at one beaver. 1 .. A parcel of miscellaneous clothes, at 6 .. Eight chemises, at. . 5 ,1 Ten aprons, at. .. 4
Eleven night neckerchiefs, at. 3
Amounting together to sixty-one beavers. 61 beavers Done in Beverwyck in New Netherland, the 4th of March 1664.
This mark + was made by ELSIE JANSZ, aforenamed NEELTJE JANS CROON
In my presence, D. V. SCHELLUYNE, Not. Pub. 1664
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NOTARIAL PAPERS I AND 2, 1660-1696
Agreement by Reyer Elbertsen and his wife to annul a certain bond and deed
[415] This day, the 8th of March 1664. Reyer Elberts and Maritge Barents, married people, hereby declare that they do cancel and annul a certain bond or obligation dated the 5th of July 1656, together with a deed of conveyance of the Sth ditto following, exe- cuted before Mr Johan de Deckere, late chief commissary (Opper Commyes) of Fort Orange, between them, the subscribers, and Arien and Gerrit Reyersz, their sons, as he, Gerrit Reyersz, for himself and for his said brother Arien Reyersz, likewise relin- quishes and gives up the same, each of them remaining free, and accounting said two deeds null and void and of no value as if they had never been made and executed, reserving and excepting only that said Arien and Gerrit Reyersz shall retain possession of the movable goods mentioned in the aforesaid obligation. All in good faith, done in Beverwyck in N: Netherland in presence of Wouter Aertsz, master wheelwright, and Jan Harmensz van Aurick, called as witnesses hereto.
This mark + was made by REYER ELDERTSZ, aforenamed GERRIT REYERSEN This mark + was made by MARITJE BARENTS, aforenamed
This mark + was made by Wouter Aertsq, aforenamed Jan Harmensen van Aurich
In my presence, D. V. SCHELLUYNE, Not. Pub. 1664
Settlement by Maria Damen to the use of her minor daughter Jannetie Hendricks van Doesburch
[416] This day, the 14th of March 1664, appeared before me, Dirck van Schelluyne, notary public, and before the hereinafter named witnesses, the virtuous Maria Damen, lastly widow of the late Hendrick Andriesz van Doesburch, assisted by Mr Cornelis van Nes, her chosen guardian in this matter, dwelling in the village of Beverwyck, of the first part, and the Honorable Johan Verbeeck and Evert Wendel, orphan masters in Beverwyck aforesaid and in that capacity guardians of Jannetie Hendricxsz, daughter of said Maria Damen, begotten of the said Hendrick Andriesz, deceased, of the second part ; making known, that she, Maria Damen, pro-
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EARLY RECORDS OF ALBANY
posing agam to enter into the state of matrimony,2 (before the cele- bration thereof) is desirous to make a proper exhibit to her said daughter, now about eleven years of age, of her paternal property, estate and inheritance; therefore, after having made an inventory and appraisal of said estate, they, the appearers, declare that they have agreed and contracted with each other respecting the buying out of said Jannetie Hendrixsz's interest in her paternal estate and inheritance, as follows: The said Maria Damen hereby promises to nourish, bring up and rear her said daughter, Jannetie Hendricks, until she shall arrive at mature age or marriage estate (with her consent ), training her and causing her to be trained in all godliness, in reading, writing, sewing and other household duties, as a good ยท mother should do, and as she, by these presents, promises to do : and [417] when her said daughter shall come to maturity, or mar- riage estate (with consent of her said mother as before ), to fit her out with a bed and its belongings and moreover to turn over to her the sum of two thousand guilders at twenty stivers each, be it in beavers, seawan or merchandise at beaver's value, as they are then going, at the choice of her mother and as she shall find to be suitable. Provided nevertheless and on this express condition, that in case the said Jannetie Hendricksz shall come to die in her min- ority, or without leaving behind any lawful issue, then shall said interest in the estate and paternal inheritance again devolve upon and remain in the possession of said Maria Damen, her mother, as she, Maria Damen, hereby in conscience declares that Hendrick Andriesz, her late husband, on his sick bed expressly desired that the estate left behind in manner as above should remain with her, Maria Damen, for the reason that the most of it came from her side, and for the security of said interest in the estate, she, Maria Damen, specially binds and mortgages her house and lot, wherein she now dwells, standing and lying on Joncker street, on the cast side of the house of said Evert Wendel and to the west of the house of Gerrit Jansz, the cooper, for the recovery if need be of said interest in the paternal estate without loss or damage, the said Maria Damen on the other hand to remain in full possession of the entire estate, nothing excepted, all debts and credits to be her loss and profit. Herewith [418] the parties on both side, declare that they have agreed and covenanted regarding the final settlement of
1 With said Cornelis van Nes, her third husband, Dirck van Eps having been her first husband. Cf. power of attorney from Cornelis van Nes and Maritie Damen to the latter's daughter Lysbet Dirckse van Eps dated July 5. 148, in Firly Records of .Lbany, 1:442 43
15
273
NOTARIAL PAPERS I AND 2, 1660-1696
said Jannetie Hendricx's paternal estate and inheritance, without either party having any further claims upon the other, promising nevermore to do nor cause to be done anything contrary hereto, either by or without resorting to law, in any manner whatever, binding themselves thereto as by law provided. All in good faith, thus done and executed in Beverwyck in New Netherland, in pres- ence of Leendert Phillipsz, master tailor, and Jan Evertsz, master shoemaker, called as witnesses hereto.
MAERRIEN DAEMEN CORNELIS VAN NES JAN VERBEECK, orphan master EVERT WENDEL, orphan master
Leendert Phyeles
This mark X was made by Jan Evertsss,
aforesaid
D. V. SCHELLUYNE, Not. Pub. 1664
Antenuptial contract of Cornelis van Nes and Maria Damen
[419] In the name of God, Amen: Appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, the Honorable Cornelis van Nes, councilor of the colony of Rensselaerwyck, widower of the late Mayken, daughter of Hendrick van den Burchgraeff, future bridegroom, of the first part, and the virtuous Maria Damen, widow of the late Hendrick Andriesz van Doesburch. dwelling in Beverwyck, future bride, of the second part; stating that they, the parties, intend for the glory of God to enter into lawful wedlock with each other; and before the proper celebration and public announcement thereof with the usual formalities required thereto, they, the parties, declare that deliberately and after mature consideration they have drawn up, agreed upon and entered into the following antenuptial contract and marriage articles, in form and manner following :
In the first place, the parties promise for the support and main- tenance of this their prospective marriage to contribute their respec- tive personal and real property, jewels, clothing, linen, woolens, household furniture, cash assets and credits which they shall bring together and submit to each other by proper inventory, and of the gains, losses and profits thereof which God Almighty may please to grant them each party shall receive the just half for himself [or herself], his [or her] children and heirs; and
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EARLY RECORDS OF ALBANY
whatever shall be contributed by said parties according to the inventory aforesaid shall remain for each of the contracting parties or their children and heirs; and in case of ill fortune overtaking the parties (which [420] God forbid), it shall be suffi- cient for the survivor of the two [to turn over] what shall be found to remain. Whenever it shall please God to take one of the two out of this world, then the survivor, to wit, in case of the death of Cornelis van Nes, she, Maria Daemen, shall receive out of the estate and effects of said Van Nes, after his decease, the sum of five hundred guilders in seawan, and in case of her, Maria Daemen's, dying first, then shall said Van Nes out of the estate contributed by her receive the sum of four hundred guilders, also in seawan, in manner as before.
Finally it is also stipulated and agreed that the debts of each party contracted before the date of this marriage shall be borne and paid by the respective debtor, without the one being made responsible for or be hoklen to pay the debts of the other.
All of which aforesaid conditions the parties promise faithfully to perform, desiring and willing also that in case of the death of one of them, the same shall be performed and executed by their respective children and heirs, without ever doing or causing any- thing to be done contrary hereto, either in or out of court, in any manner whatever, binding themselves thereto as by law provided.
Thus done and executed in Beverwyck in N: Netherland, in presence of the Honorable Johannes Verbeeck and Evert Wendel, orphan masters of Beverwyck aforenamed, called as witnesses hereto.
CORNELIS VAN NES MAERRIEN DAEMEN
Jan Verbeeck Evert Wendel
D. V. SCHELLUYNE, Not. Pub. 1664
Agreement of Cornelis van Nes to make over to his children by his first wife certain property in satisfaction of their share in their mother's estate
[421] On this day, the 21st of March 1664, appeared before me, Dirck van Schelluyne, notary public, and before the afternamed witnesses, the Honorable Cornelis van Nes, councilor of the colony of Rensselaerswyck, widower of the late Maeyke Hendriex van den
27.5
NOTARIAL PAPERS I AND 2, 1660-1696
Burchgraeff, of the first part, and Roeloff Cornelissz, husband and guardian of Gerritie Cornelis van Nes, Jan Janssz van Oot- hout, husband and guardian of Hendrickie Cornelis van Nes, Hen- drick, Gerrit, and Jan Cornelissz van Nes, as well for themselves as herein representing and acting in the name of Pieter Claesz, husband and guardian of Grietie Cornelis van Nes, dwelling at Amersfort on Long Island, together the children of said Cornelis van Nes and Maeyken Hendricx, of the second part, and declared that after making an inventory and appraisal of the property of the said Cornelis van Nes and Maeyken Hendricx's daughter, they had in love and friendship contracted and agreed about the buying out of the aforesaid children's interest in said property by reason of the maternal inheritance, in manner following :
In the first place, said children shall receive and enjoy the full effect [of the will] or disposition of Hendrick Adriaensz, late father of said Maeyken Hendricxsz, of date the 12th of June 1635,1 except the inherited property sent to said Cornelis van Nes in this country, and employed by him here to the best advantage of himself, his wife and said children, whatever more has been, or may be, inherited to remain for the behoof of said children.
[422] Second (inasmuch as said Cornelis van Nes and Maeyken Hendricx have endowed each other according to will of date the 31st of July 1625), Cornelis van Nes, in consequence thereof, promises by these presents to assign and make over to said chil- dren for their maternal inheritance and estate, at his convenience, the half or the value thereof of his house and barn, together with a fourth part of the brewery, standing and lying together in the Greyne Bos, in the colony of Rensselaerswyck, and furthermore to each of said children one hundred guilders in seawan, deducting whatever anyone has received, besides the sum of two thousand guilders also in seawan.
On the other hand said Cornelis van Nes shall remain in full possession of the estate, all debts and credits to his loss and profit. Herewith the parties declare that they have agreed and con- tracted with each other respecting the settlement of said children's maternal estate and inheritance, promising nevermore to do nor cause anything to be done contrary hereto, either in or out of court, in any manner whatever, binding themselves thereto as by law provided.
1 This is the date of the will of Annetje Jans of Laeckervelt, the mother of Maeykon Hendricks. See following document.
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EARLY RECORDS OF ALBANY
Thus done and executed in the colony of Rensselaerswyck. in presence of Mr Gerard Swart, sheriff of said colony, and Cornelis van Schelluyne, called as witnesses thereto.
CORNELIS VAN NES This mark + was made by ROELOFF CORNELISSZ, aforenamed
JAN JANSEN OOTHOET + HENDRICK VAN NES GERRIT CORNELIS NES This mark X was made by JAN COR- NELISZ VAN NES
G: Swartt C. V'. Schelluyne
D. V. SCHELLUYNE, Not. Pub. 1664
Will of Annetje Jans of Laeckervelt, the mother of the first wife of Cornelis van Nes
[423] Copy, from the record.
Appeared Annegen Jans, widow of Hendrick AAdriaensz.1 dwell- ing at Laeckersvelt, assisted by Roeloff Dircxe Stout, sheriff of Laeckervelt, her chosen guardian in this matter, sound in body and able to go about and in full possession of her understanding and memory as far as we, the sheriff and magistrates, can see and judge; considering that nothing is more certain to mankind than death, and nothing more uncertain than the hour thereof, and in anticipation of this uncertainty desiring before all to dispose of her temporal estate which has been granted to her by God Almighty, and therefore in the first place revoking and annulling, as she hereby does revoke and annul. all former testamentary dispositions and last wills by her before the date hereof in presence of the court, or notary and witnesses in any manner made or executed, and therefore disposing anew, she has willed and provided, as she hereby does will and provide, that Adriaen Hendricksz, her, the testatrix's son, after her death for his portion of the estate left by her shall have and inherit a certain house and a morgen and a half of land with the plants and crops thereon standing, such and in manner as said Adriaen Hendricx now occupies them; likewise that Maeyken Hendrix, her, the testatrix's daughter, shall also
1 llendrick Adriaensen van den Burchgraeff; see following documents. Lacckervelt was a manor near Vianen, in the province of South Holland.
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NOTARIAL PAPERS I AND 2, 1660-1696
-
have and inherit for her portion three morgens of land, more or less, with all the plants and crops on the same, situate and lying in Scherpenwyck1 in this jurisdiction, and the remaining estate shall be divided and received and enjoyed by said Adriaen and Maeycken Hendricx equally, share and share alike; instituting hereby with a [clasp of the] hand her said two children [424] in manner aforesaid as her universal heirs or, failing of them, their children in their place; provided that said Maeygen Hendricx shall be holden to pay over to Adriaen Hendricxe, her brother, the sum of one hundred and fifty guilders, and also under the express con- dition and provision that the said Maeygen Hendricx, the testatrix's daughter shall not sell, encumber or alienate the said three morgens and whatever else may come to her. the testatrix, by the death of relatives; on the contrary, that she shall enjoy only the yearly fruits thereof and no more. And in case said Maeygen Hendricx happens to die before her children, said three morgens of land shall neither wholly or in part be sold or alienated before the youngest thereof shall come of age; and should any of Maeygen Hendricx's children happen to die without lawful issue, the portion of the same shall devolve upon the others, and so on to the last, and all dying, [the land shall revert] to the side whence it came. All of which she, the testatrix, declares to be her last will and testament, desiring that the same in all its points and manner aforesaid shall be executed, be it as testament, codicil, last will, or otherwise as the same may best comport with the laws, notwithstanding that some formalities required in the matter may not have been observed herein. Thus done at the house of her, the testatrix, in presence of Roeloff Stout, sheriff, Adriaen Cornelisz and Adriaen Jansz Brouwer, magistrates at Laeckervelt, who with the testatrix and me, the secretary, have subscribed the original hereof, the 12th of June XVIe and thirty-five.
[ Underneath was written :]
Extracted from the Schepen record of Laeckervelt and upon collation the foregoing was found to agree there- with. Done this 7th of Sept. 1646 by me, the secretary " there.
Was subscribed: C. v. MUYDEN
1 Scherperswijk, the name of the southern part of the polder of Leksmond, near Vianen, in the province of South Holland.
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EARLY RECORDS OF ALBANY
Postnuptial settlement between Cornelis Hendricksen van Nes and Mayken Hendricks van den Burchgraeff
[425] Appeared before me, Rudolph van Suylen vanden Natewis,1 notary public, residing within Vianen, and the herein, after named witnesses, the worthy Cornelis Hendricksz van Nes and Maygen Hendrick's daughter,? married people, dwelling upon the Havendyck, the aforenamed Cornelis Hendricksz being sound of body and said Maeygen being indisposed, but both having full possession and command of their memories and understanding, as to us, the notary and witnesses, was perfectly apparent; and declared that out of lawful love and matrimonial affection they, the parties, had mutually and reciprocally endowed each other, as hereby they do reciprocally endow each other, with all their prop- erty, real and personal, assets and credits, money, gold and silver, coined and uncoined, which they, the parties, now have, or which they hereafter at any time may receive; all said property, real and personal, money, gold and silver, coined and uncoined with assets and credits to be held, enjoyed and possessed by the survivor of the parties as an estate for life, the right of usufruct [426] thereof to last during his or her life and no longer. The parties having requested that a deed in proper form be made hereof, these are done and executed at the house of the contracting parties standing upon the Havendyck aforesaid, in the presence of Gijsbert Barentse and Luycks Joriensz, as trustworthy witnesses hereto specially called, who with the parties and me, the notary, have subscribed the original hereof on the XXXIst of July XVIe and twenty-five.
Was subscribed :
RUD: VAN SUYLEN VANDEN NATEWIS, Notary
Declaration by Cornelis van Nes and Jan Oothout as to their joint ownership of a brewery bought of Willem Brouwer
[482|3 We, the undersigned, Cornelis van Nes and Jan Oot- hont, father- and son-in-law, hereby acknowledge and declare that each of us is entitled to and owns one-half of the brewery with its
1 Natewis, or Natewisch, is a manor not far from Amerongen, in the province of Utrecht, which for a long period was in the possession of the van Zuylen family.
" Mayeken Hendricks van den Burchgraeff, the daughter of Hendrick Adriaensen van den Burchgraeff.
$ This document was originally numbered 13, but has by mistake been of mind at the end of part 4 of the volume and renumbered 182.
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NOTARIAL PAPERS I AND 2, 1660-1696
belongings bought of Willem Brouwer at vendue, standing and lying in the greyne bos, which brewery is fully paid for and free from all claims and incumbrances (save the right of the patroon of this colony). Done in the colony of Rensselaerswyck, this 21st of March 1664.
CORNELIS VAN NES JAN JANSEN OOTHIOET
G: Swart, witness
D. V. SCHELLUYNE, Not. Pub. 1664
Lease of the house of the late Hendrick Reur to Annetie Gerrits
[427] On this day, the 22d of March 1664, Mr Jeremias van Rensselaer, in capacity of attorney for the heirs of the late Hen- drick Reur,1 lets and Annetie Gerrits, wife of Marcelis Jansz, hires the house and lot of the said Reur, deceased, standing and lying in the colony of Rensselaerswyck upon the land called Lubberden Lant,2 to the lessee known, for the term of one year commencing on the first of May next, for the sum of three hundred guilders seawan. It is further stipulated that the lessee shall have the cellar built and other repairs in the said house made to suit her convenience ; also that she shall erect the partition fence between the neighbors as far as the part and share of the said heirs of the late Hendrick Reur is concerned, the lessor remaining bound to fence off the aforesaid house and lot with boards in front on the street or highway, but whatever the lessee with the knowledge and consent of the lessor shall cause to be done for the repair of said house, shall serve as an offset against the stipulated rent. Accordingly, the said lessee remains [428] bound at the end of the lease to deliver up the said house and lot in proper repair, accidents (contrary to expectation) happening from without, to be at the risk of the lessor in his capacity aforesaid. For the per- formance and execution of what is hereinbefore written the parties mutually bind their persons and estates, nothing excepted, subject to the authority of all courts and judges. Done in the
1 Hendrick Jansen Reur, or Roer, from Munster, in Westphalia, was appointed court messenger of the colony of Rensselaerswyck on August 18, 1651. He died shortly before February 4, 1664, when his household effects were sold at auction.
2 Now part of Troy, N. Y.
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EARLY RECORDS OF ALBANY
colony of Rensselaerswyck on the date above written, in presence of Mr Gerard Swart, sheriff of said colony, and Mr Jacob de Hinsse, chirurgeon, called as witnesses hereto.
JEREMIAS VAN RENSSELAER ANTIEN GERRIS
G: Swartt
witnesses
J. De Hinsse
In my presence, D. V. SCHELLUYNE, Not. Pub 1664
Order of Jacob Jansen Stol on Jan Barentsen Wemp to pay 251 guilders to Arent Andriessen Bratt
[429] My special friend Jan Barentsz: Please pay on my account to Arent Andriesz the sum of two hundred and fifty-one guilders which you promised me to pay to Curler in the winter. You will do me a favor; pay Corler so much less and pay this man ; it will avail me as good payment. Done in Fort Orange, the Ist of Oct. 1655. Was signed: Jacob Jansz Stoll. Under- neath was written: Hereto must be added one beaver which Arent Andriesz advanced to Cornelis the smith at the Manhatans.
Lease of one-half of Van Slyck's island at Schenectady from Maritie Meynderts to Aeckes Cornelissen van Slyck
[430] This day, the 13th of May 1664, Maritie Meyndertsz. widow of the late Jan Barentsz Wemp, acknowledges that she has let and Aeckes Cornelisz 1 that he has hired of her the just half of the farm ? ( the whole of which farm belongs to them jointly) lying at Schenechtede upon which he, Aques, dwells and which is known to him, for the term of four consecutive years, beginning on the date hereof or from the present sowing time, for the sum of one hundred and eighty beavers, or grain at beaver's price ( the beaver reckoned at eight guilders apiece) a year, each time promptly, without delay, to be delivered at Schenechtede afore- said. It is further stipulated that during the term of the lease the lessee shall have the use of a stallion and a gelding, the one called Beyert, the other Snoeck, the risk thereof to be borne by the lessor during the lease, but if the horses should perish through
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