USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 42
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JOHN CONELL HARMEN BASTIAENS CLAES JACOBSE
As witnesses : Johanns Clute Claes Locq
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of sale of one-half of a house and lot at Albany from Arent van den Bergh to John Conell
[64 blank; 65] On this 22d day of October 1678 appeared before me, Adriaen van Ilpendam, notary public (residing in New Albany), and before the afterwritten witnesses, Arent vanden Bergh, of the one part, and Jan Corneel, of the other part, who hereby acknowledge that in love and friendship they have agreed and contracted in form and manner following, to wit : Arent vanden Bergh acknowledges that he has sold the half of a house and lot and all his interest in said house and lot, to wit, in the half thereof ; which said house and lot stand and lie on the hill here in Albany between the houses and lots of Andries Teller and Williaem Percker; which said half house and lot the seller now delivers to the buyer free and unincumbered (but always excepting the lord's right) ; for which said buyer promises to pay said seller or his order
464
EARLY RECORDS OF ALBANY
forty good, whole, salable beaver skins, the same to be paid in the two following instalments, to wit, the first half in the month of June 1670 and the second, being the last instalment, in the month of June 1680.
Said contracting parties hereto bind their persons and estates, real and personal, nothing excepted, subject to all lords, courts. tribunals and judges ; and said huyer specially binds said half house and lot and furthermore generally all his property, nothing excepted. In confirmation whereof they have subscribed this with their own hands in presence of Mr Maerten Crygier, junior, and Maes Cor- nelisz, coppersmith, called as witnesses hereto, in New Albany, dated as above.
This is the mark AB of ARENT L'AN- DEN BERGH made with his own hand. JOHN CONEL [L]
As witnesses : M: Creger Maes Cornelyss, koperslager1 Į Quod attestor ADRIAEN VAN IL.PENDAM. Not Pub.]"
Contract of sale of land opposite Claverack from Capt. Johannes Clute to Pieter Bosie and Jan van Loon
[66 blank ; 67]3 On this tenth day of December 1678 appeared before me, Adriaen van Hpendam, notary public presiding in New Albany), and before the hereinafter named witnesses, Captain Johannes Clute of the first part and Pieter Bosie and Jan van Loon of the second part, who hereby acknowledge that in all love and friendship they have agreed and contracted with each other in form and manner following, to wit: Captain Johannes Clute acknowledges that he has sold and Pieter Bosie and Jan van Loon that they have bought a certain parcel of land situated and lying over against the Claverrack as shall appear by the patent ( which was granted to Captain Clute. Jan Bruyns and Jurriaen Teunisz
1 Maes Cornelissen, coppersmith, a son of Cornelis Maessen van Buren.
2 Manuscript destroyed.
3 In N. Y. Hist. Soc., Collections, 1892, 25:110, appears an abstract of the will of Stoffel Jansen Abeel and Hilletie, his wife, executed before Adriaen van Ilpendam on December 4. 1078, showing that between October 22d and December 10th, there are one or more pages missing in this volume of Notarial Papers.
465
NOTARIAL PAPERS I AND 2, 1600-1696
by the honorable Governor General Richard Nicols),1 to wit, his just third part of the whole land which belongs to him, Captain Clute, in company with the Honorable Major Abraham Staas and Meyndert Fredericsz; excepting that piece of land which said Captain Clute has presented and assigned to the daughter of Har- men Thomasz, shoemaker,? and what besides said Captain Clute and Jurriaen Teunisz and Meyndert Fredericsz have sold to Maerten Gerritsz. The said seller delivers the said land to the buyers imme- diately, for which said buyers promise to pay the aforenamed seller or his order the sum of fifty whole, salable beaver skins in good winter wheat- at market price, to be delivered free here in Albany within the next ten following years, each year five whole beavers or wheat as aforesaid, of which the first payment shall be made on the first of May 1679 and so on from year to year ; and the seller promises to said buyers at the end of said ten years properly to convey the land, free and unincumbered (saving the Lord's right). In confirmation of which they have subscribed this with their own hands without craft or guile in presence of the Court Messenger Williaem Percker and Captain Hans Hendricsz, called as wit- nesses hereto, in New Albany, dated as above; binding thereto their persons and estates, real and personal, nothing excepted. subject to all lords, courts, tribunals and judges.
JOHANNS CLUTE This is the mark of + PIETER BOSIE, made by himself JAN VAN LOON
As witnesses : I'm Parker Hans Heindricss
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
1 This patent, dated May 25, 1667, was for a tract of land on the west side of the Hudson river, near Athens, N. Y. The land became afterwards known as Loonenburg and a new patent for it was issued on June 2, 1688. by Gov. Thomas Dongan ; see History of Greene County, pub. by J. B. Beers & Co., New York 1884, p. 152-60. On page 194 of the same History it is stated that Jan van Loon "is supposed to have come from Holland about 1686." This is incorrect. Jan van Loon is entered in the marriage records of the Reformed Dutch Church of New York under date of 1676 as a young man from "Luyck," which is the Dutch name for Liege, in Belgium. In spite of his Dutch name, he was evidently a Walloon and spoke French, for in a "List of the Heads of Families in the City and County of Albany," dated June 16, 1697, printed in Munsell's Annals of Albany, 9:88, he is given as a Papist and a Frenchman. Pieter Bosie, who in other places seems to be referred to as Pieter the Frenchman, may also have been from Luyck.
2 Wyntje Harmens. the daughter of Harinen Thomassen Hun; see Early Records of Albany, 2:119-22.
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EARLY RECORDS OF ALBANY
Will of Gerrit Harttenberch and his wife Jaepje Schepmoes (incomplete)
[68 blank; 69] 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 1678, on the 24th day of the month of December, about 4 o'clock in the afternoon, before me, Adriaen van Ulpendam, notary public residing in New Albany (appointed by the Right Honorable Edmond Andros in behalf of His Royal Highness James, Duke of York, governor general over all his territories in America ), and before the herein- after named witnesses, came and appeared the worthy Gerrit Har- denbergh,1 born at Maerssen, and the virtuous Jaepie Schepmoes, born in New York, married people here in New Albany dwelling, well known to me, the notary, both being sound in body, walking and standing, and having perfect use and command of their facul- ties, reason, memory and understanding 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 and wishing therefore to dispose of their temporal effects to be left behind while they ( through God's grace ) may have the power, and which they both do of their own free will and inclination without persuasion or misleading of any persons, have now ordained and determined this their mutual last will and testa- ment in form and manner following: First and foremost com- mending their immortal souls ( whenever they shall be separated from their bodies ) to the gracious and merciful hands of God, their Maker and Savior, and their bodies to a Christian burial ; likewise revoking, annulling and canceling hereby all and every such testa- mentary disposition and bequests as they may have heretofore made and executed, holding the same as null and of no effect and now making a new disposition, they, the appearers and testators, out of mutual and particular love which in their marriage estate they have borne and still bear for each other. reciprocally declare that they [70| nominated and instituted, as hereby they do, the survivor of both of them as their sale and universal heir to all the property. as well real as personal, claims, credits, money, gold, silver, coined and uncoined, jewels, woolens, and linen, household furniture, etc., nothing excepted, which either one of them first dying shall leave behind, as well in this country as elsewhere, to do therewith as
1 Hle signs his name sometimes " Herttenberch." and sometimes Harttenberch."
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NOTARIAL PAPERS I AND 2, 1660-1696
with his or her own absolute property, without contradiction or opposition from any persons : willing likewise that no one whoso- ever he may be, whether magistrates, orphan masters, relatives or others shall have authority to demand any accounting or inven- tory of the estate, much less security or sureties for the same, but on the contrary they appoint the survivor guardian and master or mistress of all their children and property so long as the same shall remain in his or her widowed condition ; and if so be that the survivor again enter into wedlock, he or she shall be holden a just half thereof (as the same shall then be found) to settle upon the children left behind and in case one or more children die after the settlement then shall this child's or children's portions be inherited by the remaining children, and in case the survivor die unmarried, then the children shall have all the estate left behind, the same to be divided among them share and share alike: but the youngest child or children must be brought up out of the undivided estate until they are 8 years old and then all the other children shall receive a like portion. And the survivor shall be holden to bring up the children in the fear of the Lord, and (so far as possible ) have them taught reading and writing and some hand craft by which they may earn their living ; to which end he or she shall receive the income and profits of their port ons until they come to maturity or marriage estate; if the testator die first, then the son or sons left behind shall receive all their father's clothes, both linen and woolen, which belonged to his body : and if the testatrix die first, then the daughters left behind . .. [the rest wanting].
Bill of sale from Meus Hoogeboom to Claes van Petten of a half interest in the sloop Royal Lock
[71] On this 21st day of January 1675 appeared before me, Adriaen van Ilpendam, notary public (residing in New Albany), and before the undersigned witnesses, Meeuwes Hoogheboom of the first part and Claes van Petten of the second part. who hereby acknowledge that in all love and friendship they have agreed and contracted in form and manner following. to wit : Meentwes Hooge boom acknowledges that he has sold to Claes van Petten the half of his sloop (named de Royael Lock') at present lying here close by New Albany in Steeven's kill, which aforesaid half-interest in the sloop the seller now delivers to the buyer with the half of all
1 The Royal Lock. In a subsequent bill of sale from Meus Hoonebo m to Hendrick Abelsen and Nanning Harmensen, dated June 30, 1684, the sloop is called De Royael Ock, which would seem to be intended for "The Royal Oak."
468
EARLY RECORDS OF ALBANY
its appurtenances, free and unincumbered, to wit, with sails, ropes, anchors, pot and kettle, bowls, and all the things which were used by the seller last year, together with the boat; for which said buyer promises to pay to the aforenamed seller or his order the sum of one hundred and eighteen good, whole, salable beaver skins at eight guilders the beaver, but he may pay the half of said beavers in good winter wheat at market price when the payment shall be made; it is stipulated that the first payment, a fourth part, shall be made in the month of May 1670, in good winter wheat; a second fourth part in the month of August of the same year 1679, in beavers; the third fourth part in the month of May 1680, again in good winter wheat, and the fourth or last fourth part again in beavers in the year 1680 in the month of August. The aforesaid contracting parties have expressly stipulated that if one of them should desire to sell his half of said sloop, the party that owns the other half shall have the refusal thereof. The aforesaid contract- ing parties hereto bind 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 presence of Jurriaen Teunisz van Tappaen and Pieter Meesz Vrooman (called as witnesses hereto) in New Albany, dated as above.
MEEUS HOOGEBOOM CLAES VAN PETTEN
.As witnesses : Jure Jan Tunsen Pieter Meesen Frooman Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Bill of sale from Claes van Petten to Meus Hoogeboom recon- veying a half interest in the sloop Royal Lock
[72] On this 6th day of August 1679 appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, and before the afterwritten witnesses, Meeuwes Hoogeboom, of the one part, and Claes van Petten, of the other part, who hereby acknowl- edge that they have in all love and friendship agreed and contracted in manner following, to wit: Claes van Petten acknowledges that he has sold and Meeuwes Hoogeboom that he has bought the half of the sloop (named de Royael Lock ) with all her appurtenances as said Claes van Petten bought the same of said Meeuwes Hooge- boom on the 2ist of January 1675 and said Claes van Petten now conveys the said half sloop with boat and all that belongs thereto
469
NOTARIAL PAPERS 1 AND 2, 1660-1696
free and unincumbered; for which said buyer promises to pay to said seller one hundred and ten good, salable beaver skins at cight guilders the beaver ; the half can be paid in good wheat at beavers price, in two instalments, the first cash down, and the second in August 1680; but all the outstanding claims ( which they have earned together with the sloop) they shall collect together and each shall receive a just half thereof.
Said contracting parties hereto bind their persons and estates, real and personal, nothing excepted, subject to all lords, courts, tribunals and judges. In witness whereof they have subscribed this with their own hands in presence of Jurriaen Jansz1 van Tap- pen and Stoffel Jansz Abeel, called as witnesses hereto, in New Albany, dated as above.
CLAES VAN PETTEN MEEUS HOOGEBOOM
As witnesses : Jure Jan Tunsen Stoffel Janss Abeel
Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Will of Storm van der Zee and Hilletie Lansingh, his wife
[73] 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 1678, on the 24th day of the month of February, about II o'clock in the forenoon, before me, Adriaen van Ilpendam, notary public residing in New Albany (appointed by the Right Honorable Edmond Andros in behalf of His Royal Highness James, Duke of York, governor general of all his territories in America ) and before the hereinafter named witnesses, came and appeared the worthy Storm van der Zee, being at present sick in body, and his wife, Hilletie Lantsingh, at present sound in body, but both having perfect command and use of their faculties, reason, memory and understanding to all outward appearance ; which appearers, considering the shortness and frailty of human life, the certainty of death and the uncertainty of the time and hour thereof, and therefore desiring to dispose of their temporal effects to be left behind while (by God's grace) they are able, which they do of their own free will and inclination, without persuasion or misleading of any persons, have ordained and determined this their
1 Thus in the original.
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LARLY RECORDS OF ALBANY
last will and testament in form and manner following : First and foremost commending their immortal souls ( whenever the same -hall 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 hereby revoking, annulling and cancel- ing all and every such testamentary disposition and bequests as they have jointly and severally heretofore made or executed, hold- ing the same null and of no effect and now making a new disposi- tion, they, the appearers and testators, out of mutual and particu- lar affection which they in their marriage estate have borne and still bear toward each other, reciprocally declare that they have nominated and instituted. as hereby they do, the survivor of the two as their sole [74] and universal heir to all their property, real and personal, claims, credits, money, gokl, silver, coined and uncoined, jewels, clothing, linen and woolens, household furniture, etc., noth- ing excepted, which the one first dying shall leave behind, whether in his country or elsewhere, to do therewith as with his or her own bsolute property, without opposition or contradiction from any persons; willing likewise that no one whosoever he 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 the same shall remain in his or her widowed con- dition, much less security or sureties ; and if so be that the survivor gain enter into wedlock, he or she shall be holden to settle a just half of the estate (as the same may then be found) upon the chil- Iren left behind that they may cach and all receive, share and share alike, their legitimate portion of their father's or mother's estate ; provided that the survivor shall receive the income and profits thereof until the children arrive at maturity or marriage estate. intil which time the survivor shall be bound to bring them up in the fear of the Lord and to have them taught reading and writing, together with some handicraft whereby they may earn their living under God with honor. All that is hereinbefore written, they. the appearers, declare to be the last will and testament of them both, willing and desiring that after the death of one of them the same may have full force and virtue, whether as testament, codicil, dona- t'on, gift in anticipation of death or otherwise as the same may best be carried out, notwithstanding that some formalities required by law and usage may not have been observed herein, desiring that the utmost benefit may be enjoyed herefrom and that one or more mstriments hereof in proper form may be made and delivered to Lo used as occasion requires. Thus done and executed in New
47I
NOTARIAL PAPERS I AND 2, 1660-1696
Albany at the house of the appearers, in presence of Jacob van Noorstrant and Steeven Jansz Coningh, called as witnesses hereto, the year, month, day and hour aforesaid, and subscribed by the same.
STORM VAN DER ZEE
HILLETIEN LANSINCK
As witnesses :
Jacob Jansen van Nortstrent This is the mark + of Steeven Janss
Coninek, made with his own hand Quod attestor
ADRIAEN VAN ILPENDAM, Not. Pub.
Contract of Claes Jansen van Baren to build a house for Capt. Hans Heindricksen
[75 and 76 blank; 77] On this 28th day of February 167 $ appeared before me, Adriaen van Ilpendam, notary public residing in New Albany, (and before the afternamed witnesses) Captain Hans Heyndricsz, of the one part, and Claes Jansz van Baren,1 of the other part, who acknowledge that in all love and friendship they have agreed and contracted in form and manner following, to wit: Said Claes Jansz acknowledges that he has contracted to build for Capt. Hans Heyndricksz a house 22 feet in breadth, or so broad as the timber which said Claes Jansz has seen there will allow, in length on the west side 15 feet and on the east side about 18 feet, but all in proportion as the work will allow ; to make therein two door frames and two [window] frames with crossing transom and mullion,2 the ceiling matched and planed and the floor laid and planed, stairs to the garret and a window with two lights in the garret, the roof covered with overlapping clapboards and a com- mon mantelpiece; furthermore properly to hang the doors and windows and in all to make and put up three gutters, one on said house, one between this house and the large house and one on the west side of the large house where said Capt. Hans Heyndricsz dwells ; moreover to make the house tight on all sides and also to
1 Probably intended for Baarn, a village in the province of Utrecht, Netherlands.
2 Tavce cruys-cosynen; meaning windows with four lights, as distinguished from bol-cosynen, which have no mullion in the center and consequently contain but two lights, an upper light with stationary sash and a lower light with swinging sash. Owing to the peculiar use of the word bol, which ordi- marily means "convex," the term bol-cosyn has frequently been translated as " bay-window," thus giving an erroneous impression of the construction of the early Dutch houses.
472
EARLY RECORDS OF ALBANY
make a proper gate on the east side and half the fence between Adriaen van Ilpendam and the lot of said Capt. Ilans Heyndricsz : furthermore properly to lay the floor in the old house, in the pro- vision cellar and in the kitchen cellar ; to saw off the posts in the kitchen cellar, to wit, in the rear of the same and the front on the south side of the old house to repair. The contractor promises to begin within three weeks from now and not to stop until said work is completed ; for which work said Capt. Hans Heyndricsz promises to pay said contractor (when said work shall be completed ) the sum of twelve good, whole, salable beaver skins. Said contracting parties hereto bind their persons and estates, nothing excepted. submitting the same to all lords, courts, tribunals and judges. In confirmation whereof they have subscribed this with their own hands in presence of Barent Meyndersz and Frans Jansz Proyn ( called as witnesses hereto ) in Albany, dated as above.
CLAES JANSEN
HANS HEINDRICSZ
As witnesses :
Barent Meynderss Frans Jansen Pruyen Quod attestor ADRIAEN VAN ILPENDAM, Not. Pub.
Lease of a farm at Schenectady from Willem Teller to Claes Willemsen Coppernol
[78 blank ; 79] On this 12th day of April 1679 appeared before me, AAdriaen van Ilpendam, notary public ( residing in New Albany ), and before the afternamed witnesses, Mr Willem Teller, who declares that he has let and Claes Willemsz Coppernol that he has hired a certain, the lessor's farm, lying at Schanechtade, with all the farming implements according to the inventory to be made thereof, upon the following terms: The lease shall commence on the first day of June next, at which time shall be delivered the horses, cows and hogs together with the buildings and implements of which the lessee shall from that time on for the period of six consecutive years bear the risk and expense. The lessor shall deliver with said farm five geklings and three mares and five milch cows, which horses and cattle shall all together be kept as to risk and increase according to the praiseworthy custom of Rensselaers- uvek; also two sous about two years old, for which the lessee must deliver yearly to the lessor a hog fit for slaughter, except the first
473
NOTARIAL PAPERS I AND 2, 1660-1696
year ; furthermore a suitable dwelling house, barn and wagon shed, all roof-tight, with three grain ricks, all in good condition. The lessor shall also be holden to deliver the farmstead and the pasture land properly inclosed with a good, tight fence and to have the manure of the farm carted away clean; likewise to make a fence for the garden on the flat. Furthermore he shall furnish four wagons in good repair, of which two are to have the ironwork complete, one is to have iron axles without bushings and one is to be a wooden wagon ; two plows in working order with their appur- tenances, one harrow, two sleds, of which one is a wood sled and the other a freight sled, and all the necessary implements not hereinbefore mentioned. The aforesaid farmland is at present sown with sixty-six skipples of winter wheat and the remainder shall in proper time be sown with summer grains according to the pleasure of the lessee, who at the end of his lease must put the like amount of grain in the ground, skipple for skipple. The lessor shall as a fair rent during the said six next following years receive each year one hundred and sixteen skipples of good winter wheat, the first payment of which shall be made next year 1680 in January, Feb- ruary and March, and so on promptly every following year, the payments to be made in Albany, with three days' wood-hauling yearly, the delivery of two cows and twenty-four pounds of butter for all the cattle, excepting the first year. The lessor [80] shall also receive every year the just half of the apples which grow in the orchard, the same to be delivered here in Albany by the lessee ; but the lessor reserves the upper chamber of the dwelling house for the use of himself and his family. Furthermore the lessee shall be holden to defray himself, without charge to the lessor, all taxes and charges which shall be laid on said farmland or the common village during the term of this lease, but in case of attack by enemies or war (which is not to be hoped) he shall be free from all [obligation]. that is. in case of being driven off or expelled, or in case anything be lost in such calamities or distress. At the expira- tion of his lease, the lessee shall be holden to redeliver everything comprehended in this lease in good condition, wear and tear excepted, together with a clean farmstead, just as the same shall be delivered to him. For the performance of which the said con- tracting parties bind their persons and estates, nothing excepted, subject to all lords, courts, tribunals and judges. In witness of which they have subscribed this with their own hands (in presence of the worthy Jurriaen Teunisz van Tappaen and Anthony van
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