USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 41
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JACOB LORERMAN [S] HARMANUS V. BORS[UM] GABRIELI. TOMASEN
Is witnesses:
Jan Harmens Backer Gysbert Marteelyssen
Quod attestor ADRIAEN VAN JEPENDAM. Not. Pub.
Will of Bastiaen de Winter
[40 blank ; 41] In the name of God, Amen. Know all men by the contents of this present public instrument that in the year of the birth of our Lord and Savior Jesus Christ, one thousand six hundred and seventy-eight, in the 20th year of His Royal Majesty of Great Britain, King Charles the Second, on the 24th day of the month of July, about 9 o'clock in the forenoon, before me, Adriaen van Hpendam, notary public residing in New Albany,
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NOTARIAL PAPERS I AND 2, 1660-1696
appointed by the Right Honorable Edmond Andros, in behalf of His Royal Highness James, governor general over all his territories in America, pursuant to nomination for the places of New Albany, colony of Renselaerswyck and the district thereof, and before the hereinafter named witnesses, came and appeared the worthy Bastiaen De Winter, born at Middleburgh,1 to mne, the notary well known, at present sick in body but having the full possession and use of his reason, memory and understanding according to all out- ward appearance; which appearer, 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 his temporal effects to be left behind while through God's grace he is able as he does of his own free will and inclination, without persuasion or misleading of anyone, has now ordained and deter- mined this his testament and last will in form and manner follow- ing: First and foremost commending his immortal soul whenever it shall be separated from his body to the gracious and merciful hands of God, his Creator and Savior, and his body to a Christian burial, and furthermore revoking, canceling and annulling all and every such testamentary dispositions and bequests as he heretofore has made and executed, holding the same as null and of no effect and now disposing anew, he, the appearer and testator, declares [42] that he has instituted the deaconry of the Reformed Christian Church of New Albany as his sole and universal heirs of all his property to be left behind, as well personal as real.
All that is hereinbefore written the appearer declares to be his last will and testament, desiring that after his death it may have complete force and effect. Thus done and executed at the house of the appearer on the Steenenhoeck, the year, day, month and hour aforesaid.
Although the testator has not subscribed the foregoing, inasmuch as immediately after he had heard it read and approved of it he acknowledged it to be his last will and testament and that it must be thus written, therefore we, the undersigned witnesses, are ready (if need be) to confirm these by oath, he having suddenly died in our presence after the reading of the foregoing. Done at the Steenenhoeck, dated as above.
JAN JANSZ BLEECKER JACOB STAETS
In my presence, ADRIAEN VAN ILPENDAM, Not. Pub.
1 See about him Early Records of Albany, 2:24.
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EARLY RECORDS OF ALBANY
Contract of sale of a boatload of stone to be delivered by Jacob Teunissen Quick to Wynant Gerritsen van der Poel
[43-44 blank; 45] On this 6th day of September 1678 appeared before me, Adriaen van Ipendam, notary public residing in New Albany, and before the undersigned witnesses, Wynant Gerritsz vander Poel, of the one part, and Jacobus Teunisz Quicq, of the other part, who acknowledge that they hereby have agreed and contracted in manner following, to wit: Jacobus Tennisz Quick acknowledges that he has sold to said Wynant Gerritsz a boat full of good stone ( Klipsteen ) to be delivered here on the shore within the next four weeks, and that the boat shall not be laden with less stone than said seller delivered to William Loveridge, for which said buyer promises to pay said seller ( so soon as he has received the stone) eighty good, salable inch boards. The aforesaid con- tracting parties hereto bind their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In confirmation of which they have subscribed this with their own hands in N. Albany, dated as above.
This is the mark X of JACOBUS TEUNISZ QUICK, made with his own hand WYNANDT GERRESDTS VAN D' POELL
As witnesses : Claes Jansen Stauast Gerrit Herttenberch
Quod attestor ADRIAEN VAN ILPENDAM, N'ot. Pub.
Will of Reyer Jacobsen Schermerhorn and Ariaentje Arents, his wife
[46-48 blank; 49] 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. 1078, on the 7th day of the month of September, about 6 o'clock in the after- noon, in the 30th year of his Royal Majesty of Great Britain, King Charles the Second, before me. Adriaen van Bpendam, notary public residing in New Albany (appointed by the Right Honorable Edmond Andros, in behalf of his Royal Highness James governor general over all his territories in America) and before the after- named witnesses, came and appeared the worthy Kever Jacobsz
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NOTARIAL PAPERS I AND 2, 1660-1696
Schermerhoorn,1 born here in New Albany, and his wife Ariaentie Arents,1 born in the Esopus, well known to me, the notary, both being sound of body, walking and standing, and having perfect use and command of their faculties, reason, memory, and under- standing, to all outward appearances; which appearers, considering the shortness and frailty of human life, the certainty of death and the uncertainty of the time and hour thereof, wishing therefore to dispose of their temporal estate to be left behind while they yet ( through God's grace ) are able and doing so of their own free will and motion, without persuasion or misleading of any persons, they have now ordained and determined this their last will and testament in form and manner following :
First and foremost commending their immortal souls whenever they shall be separated from their bodies to the gracious and merciful hands of God, their Creator and Savior, and their bodies to a Christian- burial, likewise revoking, annulling, and canceling each and every such testamentary dispositions and bequests as they heretofore may have made and executed, holding the same as null and of no effect and now disposing anew, they, the appearers out of a mutual and particular affection which during their mar- riage estate they have borne for each other declare that they have reciprocally nominated [50] and instituted the survivor of both of them as their sole and universal heir to all the property, both per- sonal and real, claims, credits, gold, silver, coined and uncoined, nothing excepted, which the first deceased shall leave behind on his or her death, whether in this country or elsewhere to do with the same as with his or her own absolute property, without contradic- tion or opposition from any persons; likewise that no persons whosoever they may be, whether magistrates, orphan masters, relatives, or others shall have the right to demand of the survivor any accounting or inventory of the estate so long as he or she shall remain in his or her widowed condition, much less any security or sureties therefor ; and if so be that the survivor again enter into wedlock, he or she shall be holden a just half of the estate (as the same shall then be found) to settle upon the remaining children, that each and all may receive their legitimate portion, share and share alike, of their father's or mother's estate, provided that the
1 Reyer Jacobsen Schermerhorn was the eldest son of Jacob Jansen Schermerhorn. He died February 19, 1719, and before his death made another will, dated April 5, 1717, proved April 9. 1726, of which an abstract is printed in New York Historical Society, Collections, 1893, 26:335-37, reprinted with slight variations in Richard Schermerhorn, jr., Schermerhorn Genealogy ond Family Chronicles, p. 64-66. The wife of Reyer Schermer- horn was Ariaentje Arents Brat, a daughter of Arent Arentsen Brat and Catalyntje Vos and the widow of Helmer Otten.
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TARLY RECORDS OF ALBANY
survivor shall receive the income and profits thereof until the children arrive at mature age or marriage estate, till which time the survivor shall be hollen to bring them up in the fear of the Lord and (so far as they may) have them taught reading and writing, together with some handicraft whereby they may earn their living under God with honor; and if these appearer- here- after, whether in writing under their hands or signatures, or before two or more trustworthy witnesses by word of mouth, bequeath or devise anything more or make a further declaration or in the aforesaid conditions change, increase or diminish anything, they will and desire the same to be of the same force and effect and by all persons to be esteemed and holden as such, as if written and described in this their will. All which abovesaid conditions these appearers declare to be their mutual last will and testament, desir- ing that after the death of the first of them the same may have full effect and force whether as testament, codicil. donation, gift in anticipation of death, or otherwise, as may be most suitable, although some formalities demanded by [51] law and usage may not have been fully observed herein ; requesting the utmost benefit to be enjoyed herefrom and one or more copies hereof in due form to be made to serve as occasion may require. Thus done and executed in New Albany at the house of the appearers in the presence of Omy De La Gransie and Evert Jansz Kuyper, trust- worthy witnesses hereto called, who with the appearers have sub- scribed this with their own hands in New Albany, the year, month. day and hour aforesaid.
REYER JACOBSE SCHERMERHOORN ARIAENTIE ARENTS
As witnesses : This is the mark X of Omy De la Gransie, made with his own hand Evert Janse
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Bill of sale of a negress from Cornelis van Borsum to Jan Thomassen
[52 blank : 53] On this 27th day of September 1678 appeared before me, Adriaen van Upendam, notary public residing in New Albany, and before the hereinafter named witnesses, the honorable magistrate Jan Thomasz,1 of the one part, and the worthy Cornelis van Borsum, of the other part, who acknowledge that in all love
1 Jan Thomassen Whitbeck.
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NOTARIAL PAPERS I AND 2, 1660-1696
and friendship they have agreed and contracted in manner follow- ing, to wit: Said Mr Cornelis van Borsum acknowledges that he has sold to said Mr Jan Thomasz the youngest of his negresses which he has at present here in New Albany and delivers the same over to the buyer hale and sound and without any injury; for which said buyer promises to pay in hand to the aforenamed seller immediately thirteen whole, salable beaver skins and twenty- five skipples of peas in hand, and in addition two hundred skipples of winter wheat, to wit, one hundred skipples in the spring of 1679 and the other hundred skipples of wheat in the spring of 1680, by the first sloops, said wheat to be delivered free on board to this Van Borsum or his order; for which this buyer binds his person and estate, nothing excepted, subject to all lords, courts, tribunals and judges, and in case of failure the worthy Jacob Sandersz Glen and the worthy Meyndert Harmensz for the afore- said sum as principals remain sureties, also under pledge of their respective persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In confirmation whereof they have subscribed this with their own hands in New Albany, dated as aforesaid, in presence of the honorable Sheriff Johannes Pro- vost and surgeon Cornelis van Dyck, called as witnesses hereto.
CORNELIS VAN BORSUM JAN THOMANSZ JACOB SANDERSE GLEN MEYNDERT HARMENSZ
As witnesses : Joh: Provoost Corn. van Dyck
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Lease of woodland behind the Hooghen Bergh from Gerrit Teunissen van Vechten to Jan Roose
[54 blank; 55] On this 28th day of September 1678 appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the hereinafter named witnesses, Gerrit Teunisz van Vechten of the one part and Jan Roose of the other part, who acknowledge that in all love and friendship they have agreed and contracted in manner following, to wit: Said Gerrit Teunisz acknowledges that he has let to the aforesaid Jan Roose
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EARLY RECORDS OF ALBANY
twenty-two morgens of woodland lying behind the farm of the Hooghen Bergh1 where Gysbert Cornelisz now dwells, for the term of ten consecutive years commencing on the first of May 1679 and ending on the first of May 1080. The lessor promises to deliver therewith one hundred merchantable boards and two milch cows with calves at their sides: also three horses, to wit, a stallion and two mares; likewise a new wagon and a new plow with ropes and all other appurtenances; and the lessor promises at his own expense to have a morgen of land cleared there before the next fair ? furthermore the lessor shall the first two years sow for the lessee, to wit upon the lessor's land, each year ten skipples of wheat, on condition that the lessee shall each year deliver said ten skipples of wheat to him ; and the lessor promises to make a proper wagon road from his house to the lessee's house and a proper bridge over the kill, and when the lessee undertakes to build the lessor promises to send a man for eight days and a cart as long as he may need the same. At the expiration of the lease the lessee shall deliver back the aforesaid horses and cattle, or a like number out of the increase, and the remainder of the increase shall be divided between the lessor and the lessee, each receiving a just half, and the aforesaid implements the lessee shall at the end of the lease return in proper working [56] order. The buildings and fences which the lessee shall put up on said land the lessor shall pay for according to appraisal after deducting the one hundred boards which he is to deliver for the same, and the lessor shall receive no rent other than that the land which the lessee shall have cleared during said term shall belong to him, and when the aforesaid term of ten years shall have expired the lessee shall have the perference in leasing [the land] again at a yearly rent of one hundred guilders seawan less than any other person shall be willing to give for the same. The lessor promises to deliver there as many sheaves of thatch as shall be needed for the barn and rick. The foregoing the said contracting parties mutually promise to execute and per- form, binding thereto their persons and estates, real and personal,
1 This farm was situated on the east side of the Hudson river, near the Mill creek. in the present town of kast Greenbush and was occupied by Gysbert Cornelissen van Breuckelen; see Van Rensselaer Bowier Mss,
- Meaning Amsterdam fair, the 22d of September, or else having reference to a local fair to be held either in Albany, or at Greenbush. An act passed on November 11, 1602, provided for two fairs yearly to be held in the city and county of Albany, the first fair to be held at Albany and to commence on the third Tuesday of July, and the second fair to be held at "Crawler " (Crailo), in Rensselaerswyck, on the third Tuesday in October, each fair to last four days and no longer.
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NOTARIAL PAPERS I AND 2, 1660-1696
nothing excepted, subject to all lords, courts, tribunals and judges. In confirmation whereof they have subscribed this with their own hands in presence of Harmen Jansz and Cornelis Dyckman (called as witnesses hereto), in New Albany, dated as above.
This is the mark X of GERRIT TEUNISZ VAN VECHTEN, made with his own hand This is the mark X of JAN ROOSE, made by himself
As witnesses : Harmen Jansz Cornelis Dyckman
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Lease of land from Gerrit Teunissen van Vechten to Cornelis Dyckman
[57] On this 28th day of September 1678 appeared before me, Adriaen van Ilpendam, notary public ( residing in New Albany), and before the hereinafter named witnesses, Gerrit Teunisz van Vechten, of the one part, and Cornelis Dyckman, of the other part, who hereby acknowledge that in all love and friend- ship they have agreed and contracted in manner following, to wit: Said Gerrit Teunisz acknowledges that he has let to the afore- named Cornelis Dyckman eighteen morgens of land, to wit, eight morgens of cleared land and ten morgens of woodland, lying southwardly of the farm where said lessor at present dwells,1 for the time of six following years, which term began on the first of May of this year 1678 and will end in the first of May 1684. With this land the lessor has delivered a stallion, a gelding and two mares and three milch cows, which said lessee shall be holden to deliver up again at the end of this lease, and if one or more thereof happen to die, then he must make good the number delivered to him out of the increase, and the remainder of the increase shall then be divided between the lessee and lessor, to each a just half. The lessor prom- ises to deliver there this present fall a house of at least the length of a board square, and a four-post rick, and in the fall of next year 1679 a barn thirty feet long and twenty-eight feet broad; the lessor has already delivered there a new plow with its appurtenances and must likewise deliver there a new wagon in the spring of 1679.
1Apparently referring to a farm on the cast side of the Hudson river ; see preceding document.
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ARLY RECORDS OF ALBANY
which said effects as well as all other effects which may have been delivered to him according to inventory he shall be hoklen to deliver up again or the value thereof in as good condition as when he received them ; for which aforesaid term (in place of paying rent ) the lessee promises to clear yearly, one of said ten morgens of wood. land and at the end of the lease in place of eight morgens to deliver up to the lessor fourteen morgens of cleared land [58] properly fenced for horses, cattle or hogs (the land to be delivered over again to the lessor in the year 1083, in stubble ). All that is herein- before written the aforesaid contracting parties mutually promise to execute and perform, binding therefor their persons and estates, real and personal, nothing excepted, subject to all lords, courts, tribunals and judges. In confirmation whereof they have sub- scribed this with their own hands in presence of Harmen Jansz and Jan Roose ( called as witnesses hereto ) in New Albany, dated as above.
This is the mark X of GERRIT TEUNISZ VAN VECHTEN, made with his own hand CORNELIS DYCKMAN
As witnesses :
Harmen Janss This is the mark of Jan
Roose, made by himself Quod attestor ADRIAEN VAN ILPENDAM. Not. Pub.
Lease of land from Gerrit Teunissen van Vechten to Harmen Jansen
[59] On this 28th day of September 1678 appeared before me, Adriaen van Ilpendam, notary public, (residing in New Albany). and before the hereinafter named witnesses. Gerrit Teunisz van Vechten, of the one part, and Ilarmen Jansz, of the other part, who acknowledge that in all love and friendship they have agreed and contracted in manner following, to wit: Said Gerrit Tennisz acknowledges that he has let to the aforenamed Harmen Jansz a certain parcel of land comprising about three morgens, lying close by the house where said lessor now dwells, which piece of land was called the Calver-H'cy (calf pasture).1 for the term of five con-
1 Apparently on the east side of the Hudson river: see preceding two documents.
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NOTARIAL PAPERS 1 AND 2, 1660-1696
secutive years to begin on the first of May 1679 and end on the first of May 1684, and the lessor promises now at the beginning of the approaching winter to erect a proper fence along the road so far as the land extends; the lessor also shall be holden to provide a wagon and two horses for the lessee every year to draw the manure of his farmstead to said land, to wit, before or after seed-time, and the lessor shall be holden all winter to draw out the manure from the stable to the spot between the rear of the garden and the fence, and every fall to plow said land once and harrow the same twice and every spring the same, but the lessee must hold the plow himself in the spring; for which he promises to pay the lessor as yearly rent sixty skipples of good winter wheat, and the first pay- ment thereof shall be made on the first of May 1679, and so on from year to year on the first of May without any delay. The aforesaid contracting parties hereto bind their persons and estates, real and personal, present and future, nothing excepted, subject to all lords, courts, tribunals and judges. In confirmation of which they have subscribed this with their own hands in presence of the worthy Jan Jansz Bleycker and Lambert van Valkenburch (called as witnesses hereto) in New Albany, dated as above.
This is the mark X of GERRIT THEUNISZ, made by himself HARMEN JANSZ
As witnesses :
Jan Janse Bleecker
This is the mark + of Lambert van Valkenburg, made with his own hand.
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of sale of a house and lot at Albany from Patience Story to Gerrit Lansinck
[60 blank ; 61] On this 2d day of October 1678 appeared before me, Adriaen van Ilpendam, notary public ( residing in New Albany ). and before the afterwritten witnesses, the worthy Gerrit Lant- singh, of the one part, and Patients Stoory, wife of Robert Stoory,1 of the other part, who hereby acknowledge that in all love and ยท friendship they have agreed and contracted in manner following, to wit: Said Patients Stoory acknowledges that she has sold
1 Robert Story died at New York. December 20, 1683. An abstract of his will, dated December 25, 1683, and inventory of his estate are in New York Historical Society, Collections, 1892, 25:244.
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EARLY RECORDS OF ALBANY
and now immediately delivers over to said Gerrit Lant- singh a house and lot as it is now inclosed, lying between the houses and lots of Geertie van Schaeyck and Joris lleathcote, here in Albany, on the hill, all free and unin- cumbered (excepting the lord's right ) ; for which the buyer prom- ises to pay to the seller the sum of twenty-four good, merchantable beaver skins weighing at least five quarters of a pound each, to be paid in the month of August 1679. Said contracting parties hereto bind their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In confirmation whereof they have subscribed this with their own hands in presence of Court Messenger Williaem Percker and Willem Lofferidge, junior, in New Albany, dated as above.
PATIENCE STORY GERRET LANSINCK
As witnesses : I'm: Parker William Loueridge Jun: Quod attestor ADRIAEN VAN IL.PENDAM, Not. Pub.
Contract of Harmen Bastiaensen and Claes Jansen van Rotterdam to build a barn for John Conell
[62 blank ; 63] On this 18th day of October 1678 appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the afterwritten witnesses, Jan Corneel, of the one part, and Harmen Bastiaensz1 and Claes Jacobsz van Rotter- dam,2 of the other part, who acknowledge hereby that they have agreed and contracted in manner following, to wit: Jan Corneel acknowledges that he has let the contract for a barn at Katskill to Harmen Bastiaensz and Claes Jacobsz van Rotterdam, who have undertaken to build the same according to the specifications of the barn of Harmen van Gansevoort at Catskill, of which Claes Jansz
1 Ilarmen Bastiaensen was at New Amsterdam as early as 1630 and on September 13th of that vear leased with Evert Evertsen Bisschop and Svbout Claessen the West India Company's sawmill on Noten, now Governor's island. He came to Rensselaerswyck in 1047 and on October 22, 1653, was appointed by Director General Stuyvesant rooymeester, or survevor, of Beverwyck. His children are entered in the records of the Reformed Dutch Church at Albany under the name of Visscher, but in a power of attorney of June 7. 1075, he refers to his father as the late " Bastiaen Harmensz de Vyselaer." See New York Colonial Mss 1:101; Court Minutes of Bever- wyck, 1652-56, p. 64. Holland Society of New York, Year Book, 1001, 17:3. 5. 70, 74. 79: and p 428 of this volume.
2 Claes Jacobsen Groesbeek.
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NOTARIAL PAPERS I AND 2, 1660-1696
has had the contract, provided that the contractors shall have the benefit of all the hewn timber and shall begin to work thereon in the month of February next 167; and not stop until the work shall be completed ; and the employer promises to take the contractors with their tools with his own sleigh and horses to Katskil and not let them wait for materials. For which said work the employer prom- ises to pay said contractors or their order fifty whole beavers, but can pay the same in good winter wheat as the market shall then be, and promises to pay the just half next spring 1678, and the second instalment, being the remainder, to pay to them or order in the spring of 1679. The employer promises at his own expense to deliver the aforesaid wheat free here on the shore at Albany. The aforesaid contracting parties hereto mutually bind their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges, and have subscribed this with their own hands in presence of Captain Johannes Clute and Claes Lock (called as witnesses hereto), in New Albany, dated as above.
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