USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 34
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This is the mark X of WILLEM FREDERICSZ, set by himself ILARMEN BASTIMENS
Claes Ripsen van Dam Tuenyes Cornelis Slyengherlant
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of sale between Jochem Wesselsen and Volckert Jansen Douw of a house and two lots on High street in New York
[ 131] On this 19th day of July 1670, appeared before me. Adriaen van Upendam, notary public residing in New Albany (appointed by the honorable magistracy of Albany, colony of Ren- sellerswyck and Schanechtade, with approbation of the Right Honorable Francoys Lovelace in behalf of his Royal Highness James, Duke of York, governor general over all his territories in America ), and before the afternamed witnesses, Joachim Wesselsz, baker, of the first part, and Volckert Jansz (both dwelling here), of the second part, who in love and friendship have agreed and contracted in manner following, to wit : Joachim Wesselsz acknowl- edges that he has sold and Volckert Jansz that he has bought a house and lot together with a lot next to the house, standing and lying in New York on the Hoogh stract.1 between the houses of Abel Hardenbroeck and Adriaen van Laer, the same being deliv-
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NOTARIAL PAPERS I AND 2, 1660-1696
cred now free and unincumbered excepting the lord's right and saving also the bake oven; and the seller delivers the premises as they now lie, in fence according to patent, provided that the tenant may continue to reside therein till the first of May 1671 and the buyer shall receive the rent thereof, but whatever the tenant may have done therein by way of repairs or still must needs do, the same may be deducted from the rent.
[132] For which aforesaid house and lots the buyer promises to pay to the seller twenty-six hundred guilders in good strung scawan, to be paid in two instalments, to wit, the first instalment between now and the first of May next, of which the seller hereby acknowledges that he has received already five hundred guilders in seawan, and the second instalment to be paid promptly on the first of May 1672. The said contracting parties, each for himself, promise to execute and perform what is hereinbefore written, for which they bind their persons and estates, nothing excepted, sub- jecting the same to the jurisdiction of all lords, courts, tribunals and judges, and in confirmation thereof they have subscribed this with their own hands without fraud or deceit (in presence of Harmen Rutgers and Asser Levy van Swelen,1 as witnesses hereto) in Albany in America, on the date above written.
JOCHEM BACKER VOLCKART JANSZ
Herman Rutges Asser Leevy
Acknowledged before me, ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of sale between John Lewis and Rev. Jacobus Fabricius of a house and two lots in Albany
[133] Appeared before me, Adriaen van Ilpendam, notary public residing in Albany (appointed by the honorable magistrates of Albany, colony of Renselaerswyck and Schanechtade with approbation of the Right Honorable Frangoys Lovelace, on behalf of His Royal Highness James, Duke of York, governor general of all his territories in America), and before the hereinafter named witnesses, Jan Louwys 2 of the one part and Magister Jacobus
1 Elsewhere given as " Swelm."
2 John Lewis, an English soldier. The house and lot mentioned in this contract are probably the same as the house and lot purchased by him of Jurriaen Jansen Groenewout, which are mentioned in a bond of February 9, 1669 [1670], printed in Early Records of Albany, 1:435.
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EARLY RECORDS OF ALBANY
Fabritius 1 of the other part, who in all love and friendship have agreed and contracted in manner following, to wit: Jan Louwys acknowledges that he has sold and the reverend magister that he has bought a house and lot and another lot lying next to the same, standing and lying here in Albany on the Pleyn, next to Lambert van Valckenburgh and on the west side some vacant lots; the house and lot being bounded and of such dimensions as appears by the patent and the adjoining lot being of such dimensions as Carsten Carstensz conveyed it to Claes Teunisz,2 as shown by certain accompanying writings which the seller now with the house and lots delivers to the buyer with all that is fast by earth and nail; for which house and two lots the buyer promises to pay to the seller next May 1671 one hundred and sixty-five guilders in good, strung seawan, provided that the seller shall be holden upon the payment to deliver to the buyer a good and sufficient deed of ownership (excepting the lord's right).
[134] The aforesaid contracting parties mutually promise to execute what is hereinbefore written, binding thereto their respec- tive persons and estates, nothing excepted, placing the same in subjection to all courts and judges, and in confirmation of the same they have subscribed this with their own hands without craft or guile in presence of Secretary Lodevicus Coobes and Jan Evertsz and Hans Dreeper, as witnesses hereto, in Albany this twenty- sixth day of November one thousand six hundred and seventy.
JOHN LEUIS M. JACOBUS FABRICIUS Ludouicus Cobes, Sec'y
This is the mark N of Jan Everss, made by himself Hans Preper, as witness
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
1 The Rev. Jacobus Fabricius, the first duly authorized Lutheran minister in the province of New York, the Rev. Joannes Ernestus Goetwater, who arrived in July 1657, not having been allowed to preach ; see Early Records of Albany 2:11.
" Claes Teunissen Uylenspiegel. The deed to him from Carsten Carsten- sen Nderman, dated 27 April Hoy, is in Einy Records of . Albany, 1:123. 7 Mar
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NOTARIAL PAPERS I AND 2, 1660-1696
Contract of sale between Albert Andriessen Brat and Jan Pieter- sen Bronck of the ironwork of a (sawmill ?
[135] On this 29th day of November 1670, appeared before me, Adriaen van Ilpendam, notary public residing in Albany, and before the afternamed witnesses, Albert Andriesz Brat of the first part and Jan Pietersz Bronck of the second part, to me, the notary, well known, who in all love and friendship are agreed with each other in manner following, to wit: Albert Andriesz Brat acknowledges that he has sold and Jan Pietersz Bronck that he has bought a large iron crank and rack, an iron shaft and pinion and a proper cross 1 for the shaft, which said articles [the seller] promises to deliver at once and for which the said buyer promises to pay nineteen good, whole, salable beaver skins or the value thereof to be paid in kind, to wit, in three instalments, the first this winter, being a big, fat hog worth 34 guilders in beavers and two beavers in good wheat and before next harvest six whole beavers, and the remainder the winter after in grain as the market therefor shall be, whether in wheat or oats, peas or buckwheat. The aforesaid contracting parties mutually promise to execute and perform what is hereinbefore written, binding thereto their respec- tive persons and estates, nothing excepted, submitting the same to the authority of all courts and judges, and in confirmation thereof they have subscribed this with Robbert Sandersz and Elias van Ravensteyn, as witnesses hereto. Albany, dated as above.
ALBERT ANDRIESSEN BRAT JAEN BROENCK
As witnesses
Robbert Sanderss Elias van Rauesteyn
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Power of attorney from Jacob Abrahamsen Kuyper to his wife Catalyntie van Elslant and Lodewyck Post
[136 blank; 137] On this twelfth day of April one thousand six hundred and seventy-one appeared before me, Adriaen van Ilpen- dam, notary public residing in Albany (appointed by the honor- able magistracy of Albany, colony of Renselaerswyck and Scha- nechtade, with. approbation of the Right Honorable Françoys Lovelace, in behalf of his Royal Highness James, Duke of York, governor general over all his territories in America), and before
1 Kruys; a heavy iron box at the end of the shaft with holes at right angles for the insertion of the arms of the windmill.
?
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EARLY RECORDS OF ALBANY
the afternamed witnesses, the worthy Jacob Abrahamsz Kuyper, dwelling here in Albany, well known to me, the notary, who acknowl- edges that he has constituted and appointed, as he hereby does constitute and appoint, his wife Catalyntie van Elslant and Lodo- wyck Post, dwelling at New York, his attorneys, giving them jointly and severally full power and authority and special order, with his wife's brother, Claes van Elslant, to take possession of the estate left by the principal's wife's late father, Claes van Elslant, and to divide the household effects between his aforesaid wife and her aforenamed brother, or to sell the same, together with the house and lot standing and lying in New York, to the highest bidder at public sale ; the moneys to receive and acquittance for the receipt to grant; likewise when full payment is made a [138] good and sufficient deed to deliver to the buyer; furthermore, if there are any outstanding debts due the said estate, the same to collect as speedily as possible and if any creditors according to honest accounts and proofs have any demands against the estate, the same first to pay out of said moneys of the whole estate and the remaining moneys then to divide between his wife and her brother, share and share alike. The principal hopes that all that is hereinbefore written may be done in love and friendship, but if the aforesaid brother be not so disposed, [the attorneys] are to constrain him thereto by law and justice, [having] power one or more persons (if need be ) to substitute in their places and furthermore all things to do and perform that he, the principal, if himself present, might or could do, notwithstanding that the matter may require more specific order than is herein stated, provided that the aforesaid Lodewyck Post remain holden of his management and administration to make a proper return, accounting and exhibit. The principal promises to hold as good, binding and valid whatever shall be done or per- formed in the matter aforesaid by his attorneys or either of them individually, without doing or causing to be done anything contrary hereto, binding thereto his person and estate, nothing excepted, and in confirmation hereof he has subscribed this with his own hand, together with Jellis Pietersz and Jan Andriesz, called as witnesses hereto, in Albany, dated as above.
JACOP ABRAHAMSEN
Jelys Pieterse 1 Jan .Indriese
Quod attestor ADRIAEN VAN ILPLNDAM, Not. Pub.
1 (allis Pietersen Meyer, or Myer?
379
NOTARIAL PAPERS I AND 2, 1660-1696
Bill of sale of a mare from Jan Andriessen to Joachim Ketelheun
[139] Appeared before me, Adriaen van Ilpendam, notary public residing in Albany, on this 13th day of April 1671, Joachim Ketelheun of the first part and Jan Andriesz of the second part, who agreed together in manner following, to wit: Jan Andriesz acknowledges that he has sold to Joachim Ketelheun a mare, sound in body, the receipt of which mare Joachim Ketelheun acknowl- edges and promises to pay therefore to said Jan Andriesz or his order the sum of thirteen good, whole, salable beaver skins, to wit, in two payments, the first of which, of seven good, whole, salable beavers, must be made promptly next July of this year, and the second, of six beavers, in good wheat, at market price at the time of the delivery, in the month of April 1672; and likewise to do a day's carting for the seller free. The aforesaid Joachim Ketelheun binds hereto his person and property, movable and immovable, present and future, submitting the same to all courts and judges ; and in confirmation hereof he has, with the undersigned witnesses, subscribed this with his own hand in Albany, on the date above written.
This is the mark X of JOACHIM KETELHEUN, made by himself
Jacop Abrahamsen, witness
Pieter Loockermans
Acknowledged before me, ADRIAEN VAN ILPENDAM Notary Public
Indenture of service of Johannes Hubertsen to Tryntje Jochims, the wife of Major Abraham Staets
[140 blank; 141] On this nineteenth day of April, one thousand six hundred and seventy-one, appeared before me, Adriaen van Ilpendam, notary public residing in Albany, and before the after- named witnesses, Aeltie Jans, wife of Hubert Jansz, and Tryntie Joachims, wife of Major Abraham Staas, who in all love and friendship are agreed in manner following, to wit: Said Aeltie Janse hires out her son, named Johannes Hubertsz, to said Tryntie Joachims for the time of a whole year commencing the first of May of this year 1671 old style and ending the first of May 1672 old style, to serve the aforementioned Tryntie Joachims and her said husband the said year with all diligence and faithfulness in all proper work; for which said Johannes shall receive as wages eight
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EARLY RECORDS OF ALBANY
good, whole, salable beaver skins and free washing, but whatever he has need of within the aforesaid time shall be procured for him and offset against said eight beavers. What is hereinbefore written the contracting parties mutually promise to perform, bind- ing thereto their persons and estates, nothing excepted, as by law provided, and in confirmation hereof they have subscribed this with their own hands in presence of Johannes Provoost and Heyn- drick Gerritsz, as witnesses hereto, on the date above written.
This is the mark X of AFL.TIE JANS, made by herself TRINGEN HOCHGIMS
Johannes Provoost, witness Henderick Geirtsen
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Agreement between Robert Orchard and Jannetie Donckes, the widow of Thomas Powell, regarding the settlement of their respective claims to land at Kinderhook
[142 blank; 143] Appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, Robbert Orchard of the one part and Jannetie Donckes, widow of the late Thomas Poul,1 of the other part, who in presence of the afternamed witnesses have in love and friendship agreed and contracted with each other in manner following, to wit: Said Robbert Orchard shall keep for himself the unsold land at Kinderhoeck at present occupied by Jan Maertensz, and have power to sell and convey the same, until such tine as he shall have received the half of the payment, as well for this land as for the land formerly sold at Kinderhoeck and which belonged to both of them. Furthermore, he is empow-
1 Thomas Powell. The Lint referred to in this agreement was apparently part of the tract granted by Governor Richard Nicolls as follows: " Whereas Robert Orchard of Bisten [sic] & Thomas Powell of Albany Have with my loveence made purchase from an Indian Proprietor of a certaine peice or parcell of Land called ye name of Neweskeke or Newew- skeck lying & being about Ten English myles on this syde ffort Albany con- teyning by Istimamen Tw , hundred Aeres or thereabouts being in a Corner or Neck of land having : fresh water River running en ve E -t stile thereof for web said land yr Indian Proprietoraforemenconed acknowledges to have received full satisfaction as im yr deed of purchase bearing date ve 12th day of September 1045 particularly is set forth. Now for a confirmation unto them " s'il Robert Orchard & Th mas Powell &c. "The Patent is dated ye 4th of August RUS" Rutt mber and Beauchamp place Noweskeke on the west side of the Hudson river, but this appears to be a mistake, as 1) separate grant for land at Kinderhook to Robert Orchard and Thomas Powell is on record and n'y other land than that at Kinderlook is known to have been owned by them jointly.
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NOTARIAL PAPERS I AND 2, 1660-1696
ered to demand and receive of Groote Andries 1 one hundred and eighty-two guilders in seawan, and from Jan Maertensz twenty- four beavers, on condition that said Robbert Orchard completely and absolutely surrender to said Jannetie Donckes all his right and claim to the woodland at Kinderhoeck and nevermore demand anything of her for his former half interest, except the meadow, which belongs to them both. The [144] said contracting parties mutually promise to hold valid and perform what is hereinbefore written, binding thereto their persons and estates, nothing excepted, subject to all courts and judges, in confirmation whereof they have with Louwerens van Alen and Gabriel Thomasz, called as witnesses hereto, subscribed these with their own hands in Albany, this 30th of May 1671.
ROBERT ORCHARD This is the mark X of JANNETIE DONCKES, made by herself
Lourus van Alen Gabriel Tomasen
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Lease of a farm at Nuttenhook from Hans Heindricksen to Poulus Cornelissen van Flensburgh
[145] Appeared before me, Adriaen van Ilpendam, notary public residing in Albany, and before the afternamed witnesses, upon this 17th of July 1671, Hans Heyndricsz of the one part and Poulus Cornelisz van Flensburgh2 of the other part, who in all love and friendship are agreed in manner following, to wit: Hans Heyndricsz acknowledges that he has let and Poulus Cornelisz that he has hired a farm on Nooten-hoeck 3 with house, barn, garden, orchard and all the land for the time of the next following five years from the date hereof. The lessee shall receive this year's fruits of the land now in fence, and shall deliver the same again at the end of this lease seeded down with the same quantity of grain, to wit, three skipples of winter wheat, thirteen skipples of oats, and three skipples of peas, and the fence secure against horses, cattle and hogs, and shall yearly deliver to the lessor the third sheaf, except the summer grain of the first year from the
1 Meaning " Big Andries," and probably referring to Andries Hansen [Scherp?] ; see Early Records of Albany, 1 :483.
2 Flensburg is a town in Sleswick.
$ Nutten hook, in Columbia county, N. Y. The post office is called New- ton Hook.
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EARLY RECORDS OF ALBANY
uncleared land that is in fence. Furthermore, the lessee promises at the end of the lease in addition to the aforesaid fenced land to deliver ten morgens of cleared land in suitable fence like that of the aforesaid fenced land, for which the lessee shall receive the fruits thereof during the lease, and the lessee promises to deliver at the end [146] of said five years twenty skipples of wheat prop- erly sowed on said ten morgens at his own expense, but the lessor is holden to furnish said twenty skipples of wheat thereto. The lessee promises at the end of said lease to deliver up again the orchard and garden in proper fence, and to deliver yearly half of the fruits of the orchard and garden and two skipples of maize, together with as much garden produce as the lessor has need of in his household. The lessee promises to make a proper floor of clay in the barn if suitable clay is to be had there, but the lessor shall furnish a man to help therein whom he must pay, and the lessee shall give him his board, and if there be no proper clay, the lessee must lay a log floor therein, but the lessor must then provide and pay a carpenter, while the lessee remains hollen to give him his board. The lessor promises to deliver therewith some horses, cows, and hogs according to the following inventory, and each shall receive the half of the increase thereof, provided that the lessee be holden first to deliver up to the lessor the original number ; the lessee may not use nor suffer to be used any of the horses in the service of any other person without consent of the lessor : further- more the lessee promises to pay for every milch cow thirteen pounds of butter yearly.
[ 147] All that is delivered to the lessee according to inventory he shall be holden to deliver up again in as good condition as when he received it; but it is expressly stipulated that if the house or barn with whatever may be therein happens to burn ( through the negligence of the lessee or his own men, which God prevent ) the lessee shall be holden to make good the same. The lessee promises to keep the wagon road across the marsh above in good order. Likewise it is stipulated that after the expiration of said lease the lessee may remain in the house, store his grain and fodder and thresh the same and feed his cattle to which he may then be entitled as well as those of the lessor through the winter. The lessor stipulates that the lessee shall be holden each year to winter a cow for him, except the first year. Furthermore, the lessee promises not to keep or to allow any cattle, horses or hogs on said land except those belonging to the lessor, but if the lessee puts upon it any hogs of his own, he shall take those out first [at
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NOTARIAL PAPERS I AND 2, 1660-1696
the end of the lease] and of the increase thereof the lessor shall receive the half. The foregoing the said contracting parties mutu- ally promise to carry out and perform, for which they bind their persons [148] and properties, movable and immovable, present and future, submitting the same to the jurisdiction of all lords, courts, tribunals and judges, and in confirmation thereof they have together with Jacob Gerritsz van Laer and Barent Meyndersz, called as witnesses hereto, subscribed this with their own hands, in Albany, dated as above.
HANS HEINDRICKZ This is the mark X of POULUS COR- NELISZ VAN FLENSBURGII, made by himself
Jacob Gerrets van Laer Barent Meynderss
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of Melgert Wynantsen van der Poel to run a sawmill for Eldert Gerbertsen Cruyff at Bethlehem
[149] Appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, on this 30th day of September 1671, and before the hereinafter named witnesses, Eldert Gerbertsz of the one part and Melchelt Wynantsz of the other part, who acknowledge that in love and friendship they have agreed in man- ner following, to wit: Eldert Gerbertsz acknowledges that he has hired Melchert Wynantsz and the latter that he has undertaken to saw in the mill of said Eldert Gerbertsz at Bethlehem1 from now on, to wit, to commence as soon as there is sufficient water therefor and to end the last of next May 1672, provided said Eldert shall bear all the expenses of the mill and keep it in proper running order. During the term of his labor said Melchert shall enjoy free board from said Eldert and in case Melchert in the spring of 1672 engages a helper in order that one may saw by day and the other by night, said Eldert shall be holden to provide the helper with free board during his labor. Eldert promises to let Melchert have for his labor (over and above the said free board)
1 This mill stood on the Bethlehem's kill, now the Normans kill. It was on June 2, 1675, assigned by Albert Ryckman, as attorney for Eldert Ger- bertsen Cruyff, to Stephanus van Cortlant, then director of the colony of Rensselaerwyck, and on December 13, 1677, it was conveyed by Domine Nicolaus van Rensselaer to Pieter Winne. See Early Records of Albany, I :171.
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EARLY RECORDS OF ALBANY
the just fourth part of all the boards, whether thick or thin, long or short, oak or pine, the sawyer to receive also a just [ 150] fourth part of all the scantling, lath etc. which shall be sawed in said mill during the said time, the same to be divided every week by lot. All that is hereinbefore written the said contracting parties promise (with the help of Almighty God) to execute and perform, for which they bind their respective persons and estates, real and per- sonal, present and future, subjecting the same to the jurisdiction of all lords, courts, tribunals and judges, and in confirmation thereof, they have, with Jacob Tysz vander Heyden and Harmen van Gansevoort, called as witnesses hereto, and me, the notary, subscribed this with their own hands, without any craft or guile, in Albany, dated as above.
ELDERT GERBERTSZ CRUIF MELGERT WYVANTSEN VAN DEN
POELL
As witnesses :
Jacob Theysen vander Heyden Harmen Harmens Gunscuort
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Bond of Albert Jansen Ryckman to Jan Hendrick Bruyn and Hans Heindricksen for the payment of money due by his step- father Eldert Gerbertsen Cruyff
[151] Appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, on this thirteenth day of Novem- ber one thousand six hundred and seventy-one, Albert Jansz Reeckman, son of Tryntie Jans, now wife of Eldert Gerbertsz Cruyff, who acknowledges hereby that he will pay for his afore- named father, to Jan Heyndriesz Bruyn and Hans Heyndricsz jointly, the sum of thirty-five good, whole beaver skins and three guilders, five stivers in seawan and interest on the same at ten per cent yearly and promises said principal sum and interest to pay on the eleventh of September one thousand six hundred and seventy-two, because the indebtedness was incurred on the 11th of September of this year 1671 ; but so long as this debt remains unpaid the mortgage which Eldert Gerbertsz Cruyff has subscribed remains in full force; furthermore said Albert Jansz Reeckman for the full performance of the foregoing binds his person and
NOTARIAL PAPERS I AND 2, 1660-1696 385
estate, having or to have, subject to all lords, courts, tribunals and judges, and in confirmation thereof he has subscribed this with his own hand, dated as above.
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