USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 32
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[589] The aforesaid contracting parties mutually promise to execute and perform the aforesaid conditions, binding thereto their respective persons and estates generally, and said buyer especially hypothecates or mortgages hereby all said land and the aforenamed little house. In confirmation of which said contracting parties (each for himself) in presence of Mr Adriaen Gerritsz van Papen- dorp, former magistrate, and Mr Maerten Crygier, junior (called
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as witnesses hereto) with their own hands have subscribed this in Albany, dated as above.
NICOLAU'S VAN RENSSELAER, Pastor loci MARIA VAN RENSSELAER HARMEN GANSVOERT
As witnesses : Adriaen Gerretsen van Papendurt MI: Cregier, junior
In my presence, ADRIAEN VAN ILPENDAM, Not. Pub.
[590 blank; 591] [ Endorsement]
This contract of sale is hereby annulled and declared of no affect by Harmen van Gansevoort, in Albany the 22d of November 1677.
HIAARMEN GANSVOERT
In my presence, ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of sale of a house and lot in Albany on the hill from Robert Sanders to Jan Nack
[592] On this day, the 220 of November 1676, appeared before me. Adriaen van Hpendam, notary public (residing in New Albany ), and before the subscribing witnesses, Robbert Sandersz, of the first part, and Jan Nack, of the second part, who hereby acknowledge that in all love and friendship they have agreed and contracted in manner following, to wit: Robbert Sandersz ack- nowledges that he has sold and Jan Nack that he has bought a certain house and lot and an alley on the west side of said house and lot, between the said house and lot and the house and lot of lleyndrick Coster, here in Albany on the hill ; and that said seller promises to deliver to said buyer on the first of May 1077 said house and lot and alley with all the rights and privileges which he has therein (saving the lord's right ) as it at present lies inclosed ; for which the said buyer promises to pay to the seller or his order fifty-four good, whole, merchantable beaver skins, to wit. in two instalments, the first (being twenty-seven beavers) shall be paid in the month of August 1677, and the second or last instalment in the month of August 1678, and the seller promises on the pay- ment of the last instalment to deliver to the buyer a good, valid and binding deed of ownership, free and unincumbered (saving
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NOTARIAL PAPERS I AND 2, 1660-1696
the lord's right). Said contracting parties mutually promise to perform and execute the aforesaid conditions, binding thereto their respective persons and estates, as well having as to have, nothing excepted, subject to all lords, courts, tribunals and judges. In witness whereof they have subscribed this without craft or guile with their own hands in Albany, dated as above.
ROBBERT SANDERSZ JAN NACK
As witnesses : Claes Ripsen van Dam Willem Klasen
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Lease of a workroom from Hendrick Rooseboom to Elias van Ravesteyn
[593 blank ; 594] This day, the 23d of November 1676, appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the underwritten witnesses, Heyndrick Roose- boom, of the first part, and Elias van Ravesteyn, of the second part, who acknowledged that in all love and friendship they hereby agreed and contracted in manner following, to wit: Heyndrick Rooseboom acknowledges that he has let and Elias van Ravesteyn that he has hired said Rooseboom's front room of the house1 wherein said Rooseboom now dwells, for the term of a whole year, commencing on the 9th of April 1677 and ending on the 9th of April 1678. But on the express condition that said Ravelsteyn shall make therein a workbench for himself, for gunstock making,2 and for the son of said Rooseboom likewise a workbench for mak- ing gunstocks, and when any gunstocks are to be made for the
1 Voor-huys; which Professor Pearson translates as "front room." The term is somewhat indefinite and may refer either to the entire fore part of the house, or merely to the front room, or even to the entrance hall, regardless of whether this is at the front, or on the side of the building. In connection with Dutch houses of the farmhouse type, the term voorhuis is often used to distinguish the fore part of the building, which is used for dwelling pur- poses, from the rear part, which consists of the stahles and barn. In a more restricted sense, however, the term is applied to the front room proper, which as a rule is kept scrupulously clean and used only on special occasions. See plan and decription of a Dutch farmhouse in J. Francq van Berkhey, Natuurlijke Historie van Holland, vol. 9, pt I, p. 21-44.
2 Laeden te moccken; which Professor Pearson translates as "leather dressing," while in other places it has been translated as " cabinet making." Laeden, however, does not refer to " drawers " in connection with furniture, but to geweer-laden, or gunstocks.
12
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Indians, Ravesteyn and Rooseboom's son shall make the same and pay for the material together and each receive the half of the pay- ment for the same. And Rooseboom expressly stipulates that dur- ing the summertime no fire shall be made in said front room and that he, Rooseboom, may trade there with the Indians and do his bartering there both with Christians and Indians and use it at his convenience, without disturbing thereby said Ravesteyn in his work, who may sleep in the garret or in the room and in wintertime burn his own wood in the room and eat and cook there.
For which said lessee promises to pay to the lessor the sum of eight good, whole, merchantable beaver skins. The contracting parties mutually promise to execute and perform the aforesaid con- ditions binding thereto their respective persons and estates, noth- ing excepted, subject to all lords, courts, tribunals and judges.
In witness whereof they have subscribed this with their own hands without craft or guile in Albany, dated as above.
HENDRICK ROOSEBOOM ELIAS VAN RAUESTEYN
As witnesses : Claes Ripsen van Dam Hlenderec Koster
Quod attestor ADRIVEN VAN ILPENDAM, Not. Pub.
Lease of land at Kinderhook from Lourens van Alen to Pieter Vosburgh
[595 blank ; 596] This day, the 9th of December 1676, appeared before me, AAdriaen van Ilpendam, notary public (residing in New Albany ), and before the subscribing witnesses, Louwerens van Alen, of the first part, and Pieter Vosburgh, of the second part, who hereby acknowledge that in all love and friendship they have agreed and contracted in mauner following, to wit: Louwerens van Alen acknowledges that he has let and Pieter Vosburgh that he has hired a certain piece of land, comprising about five morgens, lying at Kinderhoeck, for the time of four consecutive years which began in August 1675 and shall end in August 1070; and said lessee prom- ises to pay to said lessor or his order as rent for each morgen yearly the sum of six guilders in beavers, or in good winter wheat at beavers' value, as the market shall then be, and promises at the end of this lease to deliver said land again to the lessor inclosed in good, proper log fence. Furthermore, the aforenamed lessor Acknowledges that he has let to said lessee a certain piece of land
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NOTARIAL PAPERS I AND 2, 1660-1696
at Kinderhoeck, to wit, the back land in the great parcel (groote Stuck) for the time of six consecutive years, which time began in August of this year 1676 and is to end in August 1682, which said land the lessee promises to clean out and grub out the brush ( which may yet be therein) and inclose with a good and proper log fence, but where it can not suitably be fenced off with logs, it must be fenced with good palisades, and he promises at the end of this lease to deliver the same in a good and proper fence, which shall avail him for so much rent, and he promises [597] in addition ( at the end of the lease) to [deliver] twenty-six skipples of good winter wheat and four skipples of peas; but it is expressly stipulated that if lots be drawn for the lands during said lease and the above said lands by allotment come not to the lessor, then the lessor shall be holden to deliver as much good land at Kinderhoeck, to be used till said six years shall have expired. The aforenamed contracting parties mutually promise to execute and perform the aforesaid con- ditions, binding thereto their respective persons and estates, per- sonal and real, present and future, nothing excepted, subject to all lords, courts, tribunals and judges. In witness whereof they have subscribed this with their own hands in Albany, this gth of December 1676.
LOURUS VAN ALEN This is the mark + of PIETER Vos- BURGH made by himself
As witnesses : Jacob Theysen Albert Jansz Ryckman
Quod attestor ADRIEN VAN ILPENDAM, Not. Pub.
Antenuptial contract between Gerrit van Nes and Maria Pieters Loockermans, widow of Pieter van Alen
[598] In the name of the Lord, amen. Know all men by the contents of this present instrument that in the year 1675, on the 14th day of February, came and appeared before me, Adriaen van Ilpendam, notary public (residing in New Albany, appointed by the Right Honorable Edmond Andros, on behalf of his Royal High- ness James, governor general over all his territories in America) and before the subscribing witnesses, the worthy Gerrit van Nes, young man, future bridegroom, and the virtuous Maria Pieters Loockermans, widow of the late Pieter van Alen, future bride, both dwelling here in New Albany, to me, the notary, well known, who
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have declared and hereby do declare, that for God's glory they have resolved upon a future marriage and for the prevention of all dis- putes and strife which hereafter might arise, they have with delib- eration out of their own free wills and thereto seduced by no one (so they said and declared) made, ordained and determined upon a certain contract antenuptial or marriage agreement in manner, form and conditions hereinafter following : Firstly, that said bride- groom and bride for the maintenance of this marriage shall con- tribute all such present property and effects, of whatever nature, at whatever place, and in the custody of whatever persons the same may be, nothing excepted, which they have and which are accounted to them, to be possessed in common. It is furthermore expressly stipulated and agreed that if so be that any debt or debts of said bridegroom or bride shall be presented, that one shall not be holden to pay the other's debts out of his or her own contributed property, nor be liable therefor, to wit, those debts which may have been made before this date, and that on the deccase of the first of the two (if he or she happen to die without legitimate child or children ) the survivor shall remain in full possession of all the esta e left behind, nothing excepted, as the same shall be found. as well the contributed property, as the property which they during their marriage (by God's blessing ) may have received, nothing thereof excepted, [599] to wit, so long as he or she remain in a widowed condition, without any person, whoever he may be, having the right to demand any accounting or inventory of said left estate ; but if the survivor shall marry again, then shall he or she be holden to apportion a just half of the estate ( whatever it shall then be found to be) to the lawful heirs of the first deceased. All of which they, the contracting parties, promise jointly and severally to per- form and execute mutually, binding thereto their respective per- sons and estates, real and personal, present and future, nothing excepted. subject to all lords, courts, tribunals and judges. Done without craft or guile in Albany in presence of Mr Gerard Swart and Mr Abraham van Tricht, residing here in New Albany, called as witnesses hereto, who together with said contracting parties in presence of me, the notary, have subscribed this with their own hands, the year, month and day aforesaid.
G: Stvartt Mr Abram van Tricht
GERRET VAN NES MARIN LOOCKERMANS
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
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NOTARIAL PAPERS I AND 2, 1660-1696
Quitclaim from Frederick Claessen to Cornelis Stevensen Mulder for a piece of land in Claverack
[600] This day, the 29th of January 1673, appeared before me, Adriaen van Ilpendam, notary public (residing in New Albany), and before the afternamed witnesses, Frederick Claesz, of the first part, and Cornelis Stevensz Mulder, of the second part, who hereby acknowledge that in all love and friendship they have agreed and contracted in manner following, to wit: Said Frederick Claesz acknowledges that he has transferred and made over, as hereby he does, to said Cornelis Stevensz Mulder all his title to the land in Claverrack called the Pruyme V'lackte,1 as it came to him from the widow of the late Jeremias van Renselaer and Mr Stephanus van Cortlandt and Domine Nicolaus van Renselaer; but said Cornelis Stevensz promises to pay to said Frederick Claesz or his order for labor (which he has done on said land) the sum of fourteen good, whole, merchantable beaver skins and to pay the same in the latter part of next April 1677. Furthermore said Frederick Claesz now surrenders to said Cornelis Stevensz all his rights and privileges in and to said land. For all of which said contracting parties bind their respective persons and estates, real and personal, present and future, nothing excepted, subjecting the same to all lords, courts, tribunals and judges and in confirmation hereof they have sub- scribed this with their own hands, in presence of Jacob Loocker- mans and Jan Andriesz Kuyper as trustworthy witnesses. In Albany, dated as above.
This is the mark X of FREDERICK CLAESZ, made by himself CORNELIS STEVENSEN MULDER
As witnesses : Jacob Lokermans Jan Andriese
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of sale between Captain Johannes Clute and Jan Pieter- sen Bronck for land opposite the farm of Abraham Staas
[601 blank ; 602] This day, the 22d of January 1676, appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the undersigned witnesses, Capt. Johannes Clute, of the first part, and Jan Pietersz Bronck, of the second part, who acknowledge hereby that they have agreed and contracted in all love and friendship in manner following, to wit: Capt. Johannes
1 Literally : the Plum Flat.
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Clute acknowledges that he has soldl and Jan Pietersz Bronck that he has bought fifteen morgens of land lying about opposite the farm of Major Abraham Staas,1 which said fifteen morgens the buyer may select out of lands which said seller has there, and shall have similar privileges in pasturing cattle and in cutting hay in the marshes as his neighbors, to wit, Meyndert Fredericsz and Major Abraham Staas, or their assigns, but the buyer may not encroach on his neighbors' rights (to their harm), and he may (if he please ) select said fifteen morgens in two parcels. For which the buyer promises to pay to the seller or his order the sum of ten good. whole, merchantable beaver skins, the same to be paid next harvest time or at the latest next winter, and on the last payment the buyer shall receive from the seller a good and sufficient deed of owner- ship, always saving the lord's right. For the performance hereof, said contracting parties hereby hind their respective persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges, and they have subscribed this with their own hands in Albany, on the date above written.
1s witnesses : Claes Ripsen van Damn Robbert Sanderss
JOHANNS CLUTE JAN BRONCK
Quod attestor ADRIAEN VAN ILPENDAM. Not. Pub.
Quitclaim from Cornelis Michielsen to Jan van Loon for his remaining interest in the Loonenburgh patent
[603 blank : 604]2 1696, the first of November
Whereas Cornelis Machil and Jan van Loon have come together and agreed with respect to his [Michielsen's] remaining claims in Loonenborch which are outside of the purchases of Jury Teunisz"
1 This refers apparently to land at Looneuburgh, now Athens, in Greene units, opposite the form of Major Staes at Claverack. Ci. Early Records of .Ilbiny. 1.73. 1-3.
2 With the exception of the signatures this document is entirely in the handwriting f Cornelis Michielsen. It does not form part of the notarial record in which it has been inserted without regard to the chronological
Ungarn Tennis on Tappen, who was one of the original purchasers of the land afterwards Included in the Loonenburgh patent ; see deed from the Iolan tu Jan Chite, Lan Hendricks& Bruyn and Iurisen Temise, dated April.o. Hos In War's Records of Albany, 1:73 74. Juriaen Remissen sold li third part of the lid on August 24 1670, to Abraham Staes and lol ine Potrest, while the two other thirds owned by Chute and Bruyn subsequently passed into the hands of Jan van Loon and Cornelis Michiel-
1 det vy of Greene County. D. 152-51
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NOTARIAL PAPERS I AND 2, 1660-1696
and Andris Hansen and Jacop Fericken.1 therefore I from now on convey these to Jan van Loon and his heirs, acknowledging that I have been satisfied therefor in full.
As witnesses hereto invited, Tiereck Harmens and Frans Winnel
CORNELIS MICHIELSZ JAN VAN LOON
This is the + mark of Teireck Har-
mensen, made with his own hand Frans Wynne
[Indorsed]
Deeds of the Flucht Hoeck 2 and Jan Bronck
Will of Marten Cornelissen from Ysselsteyn and his wife Maeycke Cornelis from Barrevelt
[605 blank ; 606] In the name of God, Amen. Know all men by the contents of this present public instrument that in the year after the birth of our Lord and Savior Jesus Christ 1676, on the 12th day of the month of January, before me, Adriaen van Ilpen- dam, notary public residing in New Albany (appointed by the Right Honorable Edmond Andros, [governor] general of the parts of America) pursuant to nomination for this place of Albany, colony of Renselaerswyck and the district thereof, and before the subscribing witnesses, came and appeared the worthy Maerten Cornelisz, born in the city of Ysselsteyn,? and his wife Maeycke Cornelis, born at Barrevelt,4 both dwelling at the Claverrack, to me, the notary, well known, both being sound of body, standing and walking, having perfect use and command of their faculties, rea- son, memory and understanding; which appearers, considering the shortness and frailty of human life, the certainty of death and the uncertainty of the time and hour thereof, and wishing therefore to dispose of their wordly goods to be left behind while through God's grace they still are able, as they do of their own free will and inclination, without persuasion or misleading of any persons, have now ordained and concluded this their last will and testament in form and manner following: First and foremost commending their
1 Jacob Frericksen?
2 Literally: "Refuge Point"; not "Flying corner," as given in the History of Greene County, p. 154, and E. M. Ruttenber, Indian Geographical Names. p. 176. The place is now known by the name of Black Rock and projects into the river at the south part of the village of Athens.
3A city in the province of Utrechtt.
4 The same as Barneveld, a village about eight miles south by cast of Nykerk, in the province of Gelderland.
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immortal souls, whenever they may be separated from their bodies, to the gracious and merciful hands of God, their Creator and Redeemer, and their bodies to a Christian burial, at the same time revoking, annulling and canceling hereby all and every such testa- mentary disposition and bequest as they before the date hereof either jointly or severally may have made and executed, holding the same null and of no effect, and now making a new disposition, they, the testators, out of mutual and particular love, which during their marriage estate [607] they have steadily borne and do now bear toward each other, declare that they have reciprocally nominated and instituted, as by these presents they do, the survivor of the two their sole and universal heir to all the property, whether personal or real, claims, credits, money, gold and silver, coined and uncoined. jewels, clothing, linen and woolens, household furniture etc., nothing excepted, which the one dying first shall leave behind as well here in this country as elsewhere, to do therewith as with his or her own property, without contradiction or opposition of any persons : which they do for the reason that they (through God's blessing) have obtained most of the estate by great labor and diligence during their marriage with each other. Likewise [they will] that no persons whatever, whether magistrates, orphan masters, friends, or others shall have the right to demand of the survivor any accounting or inventory of the estate, much less security or sureties, so long as he or she remains in his or her widowed estate : and if so be that the survivor again enter into wedlock, he or she shall be holden to settle a just half of the estate (as the same may be found) on the children left behind, that all of them, share and share alike, may receive their legitimate portion of the father's or mother's estate, provided that the survivor shall receive the income and profits thereof until the children shall arrive at their majority or marriage estate, till which time the survivor shall be hoklen to bring them up in the fear of the Lord and ( so far as he or she can) to have them taught reading and writing, together with some handicraft whereby under God they may earn their living with honor. And if so be that the testators after this date make further dispositions, declarations, or bequests, whether in writing under their hands or signatures or before two or more trustworthy witnesses by word of mouth, or in the aforesaid [608] conditions make any change, increase or diminution, they will and desire all that to have the same power, value and effect and by every person to be considered and holden as though written and
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set forth in this will. All which aforesaid conditions they, the tes- tators, declare to be their last will and testament, willing and desir- ing that after the death of the first of the two the same may have full force and effect, whether as will, codicil, donation, gift in anticipation of death, or otherwise, as may be most compatible, although certain formalities demanded by law or usage may not be observed herein, desiring that the utmost benefit may be received herefrom, and one or more copies hereof to be made in proper form to serve as occasion may require. Thus done and executed in New Albany at the house of Pieter Loockermans and in the presence of Mr Jan Verbeeck and Pieter Loockermans, called and bidden as trustworthy witnesses hereto, who with the testators in presence of me the notary, have subscribed this with their own hands the year, month and day aforesaid.
This is the mark X of MAERTEN CORNELISZ, made with his own hand This is the mark X of MAEYCKE COR- NELIS, made with her own hand
As witnesses : Jan Verbeeck Pieter Loockermans
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract between Claes Beever and Jan Aertsen van Bergen-op- Zoom for building a mill on the Kinderhook creek
[609 blank; 610] This day, the Ioth day of January 1679, appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the subscribing witnesses, Claes Beever, of the first part, and Jan Aertsz van Bergen-opsoom,1 of the second part, who acknowledge that in all love and friendship they have contracted and agreed in manner following, to wit: Said Jan Aertsz acknowledges that he has agreed to work fifty days for said Claes Beever, to wit, to build a mill on Kinderhoecx Kill. to begin on the first of March next 16:4, and in the meanwhile to undertake no other work; and if said mill shall not be completed in said fifty days, then shall said Claes Beever pay him per day at the rate which has been agreed upon for the aforesaid work days, to wit. Jan Aertsz must be paid for said fifty work days (when he has performed them) sixteen whole beavers or the value thereof, and he shall receive his pay every fourteen days as the work pro- gresses. The employer shall make said payments to Storm van der
1 Bergen-op-Zoom, a city in the province of Brabant, Netherlands.
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EARLY RECORDS OF ALBANY
Zee and deliver the same free at Albany and the contractor prom- ises to point out the timber for the running parts of the said mill, but the employer shall deliver the same there at his own expense; on the express condition that said contractor promises to deliver the mill in good and proper running order, else not a stiver of his wages he is to receive, or if he has received them, the same he promises to restore, and said employer promises to furnish said contractor proper food and lodging. The aforesaid contractor promises so soon as the mill is made to saw therewith three hundred boards, which shall be good and fit, receiving therefor such proper compen- sation as other sawyers receive. The aforesaid contracting parties promise ( with God's help) to execute and perform the aforesaid conditions binding thereto their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In witness whereof they have subscribed this with their own hands, in Albany, this roth day of January 167 5.
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