USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 53
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58g
NOTARIAL PAPERS 1 AND 2, 1660-1696
Said Dorite acknowledges that she has sold and said deacons on behalf of the deaconry that they have bought of her a certain lot with the old house that stands thereon, lying behind the Widow Goosens,1 to the south of the Rutten kill, to the north of the high- way that goes by the churchyard, to the west of the lot of Harme Ruttgers and to the east of Gert. Bancker; in breadth in front on the highway by the Rutten kill six rods and one foot and in the rear of like breadth ; in length on the east side eight rods less three inches and on the west side eight rods and two inches; for which old house and lot the seller has agreed to take the quantity of one hundred pieces of eight, the half of which is paid and the remain- ing fifty pieces of eight the deacons aforenamed promise to pay to said Doritee, or her order [537] in the month of June next, when the seller promises to deliver to the deaconry a good and sufficient deed of conveyance [of the property], all free and unincumbered (excepting the lord's right) ; wherewith the parties acknowledge themselves well satisfied and in confirmation of which they have mutually subscribed this in presence of Mr Jan Janse Bleeker and Mr Livinus van Shayk, called as witnesses hereto. Done at Paepsknee, at the house of the seller, on this 13th day of December 1684.
DOORAETE DOU
Jan Janss Bleecker
Levinus van Schayck
In my presence, ROBt. LIVINGSTON, Cl.
[Endorsed] Alb. 13 Dec. 1689 Coopb. vant huys vand Dyakony.
Inventory of Becker's papers
1698
In the original minutes of the Common Council of Albany, 1686-1702, volume 4, pages 356-58, occurs the following inventory of the papers of notary Jan Juriaensen Becker, deceased, taken at the house of his son-in-law Willem Hoogen, in the presence of Jan Jansen Blecker, recorder, and Johannes Cuyler, alderman, Novem- ber 25, 1698.
Lyst van geschriften naer gelaten Door d'ovrleeden Mr: Jan Becker gewesene notaris opgenomen Ten huysen van WVm: Hoogen Ten overstaen van Jan Janse Bleeker Record: &
1 Annetje Lievens, the widow of Goosen Gerritsen van Schaick. See deed of December 4, 1685, in Early Records of Albany, 2:331-32.
590
EARLY RECORDS OF ALBANY
Johannes Cuyler Alderman Jan 1 Albany den 25ste Novemb. Annº: 1698-
1 howlicks voorwaerde Tusschen dowe Aukins & maria viele
1 ditto Tusschen ariaen appell & voelkye Pieters
I Inventaris met presatie en accordatie Tusschen Elizab: van der poel met Anth & Laveyinis van Schayk & Jan Lansing
I bewys & speciael vrbant van Elizab: van der poel Ten behoeve van baer 4 Cinderen
I howlicks voorwaerde Tusschen Elizabeth van der poel en benonie van Corler
I Testament van wm: fredrizse bont
1 ditto van Cornelis van der hoef
I ditto van Harmen vedder
I ditto van Anthony Lepinaer
I ditto van dirck Thuenisse van veghten
I ditto van Jan Luycasse
I ditto van machiel Caljer
I ditto van matthewes abrahamse
I ditto van Jan verbeek
I ditto van Jan ffrese
ditto van Jan Rosie
I ditto van Symon Schermerhoorn
ditto van Arent Schuyler & Jan Janneke Teller
ditto van Geertje Cornelisse van ffulpen
I approbatie van Steven Cooing wegens Testam': van syn over- leeden huysvrow Geertje Cornelis van ffulpen
I gift van Thunis Slingerlant aen syn 2 soonen arent & albert Slingerlant
I Cooph. Tusschen Antho. Lepenaer & Jan Rosie
I Coopb. Tusschen Omie Lagransie & Johannes appel
1 ditto Tusschen Geertje Namimings [Nannings] & Jeronnimus wendel wegens Steven Cornelisse
I huerseell van Robt Sanders & myndert harmense met balthazar barentse & hendrik Oostrom
1 Attestatie van Jan ouderkerk & Peter van woglen Ten behoeven van william Kete[1]heyn
I Coopb. Tusschen Andries Teller & Joh : Roseboom
I Coopb. Tusschen Piet & Isaak Vosburg van Een Parcill Lant
I ditto Tusschen Andries hanse Carheyd [ Barheyd] & hend : Gardenier
1 Apparently a mistake for "In."
59
NOTARIAL PAPERS I AND 2, 1660-1696
I huerseel Tusschen Pieter waglen & Cornelis Gysbertse
I Coopb. door Elisab : beek & hend : van dyck aen Roelef gerretse
I ditto Tusschen Pieter vosburgh & Thomas Noxon
I ditto Tusschen Abrah. Isaakse - Johannes van Santen
I Contract van Ruyling Tusschen Ryck Clase & omie Lagransie
I Contract Tusschen bastian harmese & woutr. van der Zee
I Coopb: & Ruyling Tusschen Piet". quackenbos & Jacobus van vorst
I Contract [Tusschen] Thomas weekvildt & syn vrow maria Luycasse wegen een Jonge genaemt orfree pectro met Jan van Loon
1 Coopb. Tusschen weynant & syn soonen gerret En abraham Isaakse
I ditto Tusschen Jurian Thuenisse & Jacob Casperse
I ditto Tusschen Elisab: van der poel weue van Sybrant van Schayk met Antho. van Schayck
I Contract van volkje van hoese & haer soon Jurian
I Coopb. Tusschen Jacob: van Noorstrant & Dowr Aukins met Transport van dowe aen d deakany
I heurseel Tusschen Jan Rosie & Isaak Kadliman
I Coopb Tusschen Gabriall Thomasse & volkrt: van hoese met quitans
I ditto Tusschen Sweer Thuenisse van velse En hendrick Lansing
I huerseel Tusschen Jan bronke & william Rees
I Contract Tusschen Jan ouderkerk & [the curators of the estate of] oude Hendrick [Gardenier]
I Coopb Tusschen dirk alb: bratt & andries Teller
1687 I Obligatie van pypen & schyven In Compe naer ottewawen Ten Lasten Jacob Lockerman & anderen
I Coopb Tusschen Tho : graven & Jan gilbert
I Copy van Transport van Jan Becker gemagetige [gemachtigde] van Jan gaerdenier en andries Hanse aen mellje [Neeltje?] Claase wede van Hendrick gardenier sal
Waer op wm: hogin was gero[e]pen voor d mayor & alderman & vrklaert op eede dat hy geen meer authentyke Contract ge- schriften voor dato heeft over gelevert nogh geen andere in hand heeft Direct nogh Indirect. (Whereupon Wm: Hogin, being sum- moned before the mayor and aldermen, declared upon oath that he has turned over no authentic contracts before this date nor has any others in his custody, either directly or indirectly ).
593
EARLY RECORDS OF ALBANY
Johannes Groendyk, or Groenendyck, sheriff, thereupon took the following oath, which is recorded in Dutch.
Johannes Groendyk, Sheriffe :
You acknowledge that you have received the papers hereinbe- fore mentioned and you swear by the living God that you will not deliver the originals of antenuptial agreements, inventories, etc. without the consent of the parties thereto. As regards contracts of sale, leases and other contracts, in case either one or both of the parties thereto reside outside of this county and desire to have such contract of sale, etc., this shall be left to the judgment and consent of one of the justices of the peace.
Furthermore you will furnish copies to any parties who desire to have them till further order. So help you God.
In the margin of page 358 of the above-mentioned volume of Council Minutes is written :
"Albany ye 11th of July 1704 Then Received into ye Clarks office by ordr. of Johannis Schuyler, Esq". Mayor, and in ye presence of Johannis Cuyler Esq". ald". from Delia Je wife of Johannis Groenendyk ye papers according to y" aforewritten List. Except Je following writteings viz'. je howeliyks voorwaerde Between Dow aukas and Maria viele The testament of Dirk Teunise van : echten the Testament of Jan vrbeek and y" Testament of Jan Rosie
by me Rt LIVINGSTON Jun" D CI"
Leaving the four documents which were not turned over to the clerk's office out of account, it appears that of the remaining forty- seven documents mentioned in the list, nine are at present included in the second volume of Notarial Papers, one being the contract between Jan Ouderkerk and the curators of the estate of old Hendrick Gardenier, dated April 7, 1695, which is attested by secretary Robert Livingston, and the other eight being papers ack- nowledged before notary Jan Becker. In addition to these there are three documents in the Notarial Papers acknowledged before Jan Becker respectively on February 26, 16:2, April 23, 1689, and June 244. 1690, which are not mentioned in the list, while in the volume of Wills occur the will of Dirck Teunissen van Vechten, April 4. 1687, which is mentioned among the papers which were not turned over in 1704, and the wills of Jacques Cornelissen van Slyck, May 8, 1600, Sander Glenn, July 28, 1600, Evert Wendel, November 2.1, 16go, and Jan Juriaensen Becker himself, dated August 31, 1694, which are not included in the list.
593
NOTARIAL PAPERS I AND 2, 1660-1696
NOTARIAL MINUTES OF JAN JURIAENSEN BECKER1 Will of Anthoine Lespinard
[540] In the name of the Lord, Amen. In the year of our Lord and Savior sixteen hundred and eighty-five, the second day of the month of April, in New Albany in America, in the 37th year of our Sovereign King Charles, the second of that name, about eleven o'clock in the forenoon, appeared before me, Jan Becker, notary public residing in New Albany, admitted by the Right Honorable Thomas Dongan, Esq., governor general in behalf of his Royal Highness James, Duke of York, over all his territories in America, residing at New York, and before the hereinafter named witnesses, to me, the notary, well known, the worthy Anthony Lespinaer, inhabitant and burgher of this town, being sound and hearty of body, standing and walking, in full possession and control of his understanding, senses, memory and speech as outwardly appeared, who, not through anyone's persuasion or inducement but as a result of his reflections upon death, inasmuch as nothing is more certain than the same and nothing more uncertain than the hour and moment thereof, therefore, wishing not to depart from this world without disposing of his temporal effects and estate which God Almighty has granted him, to this end canceling and annulling all previous testamentary dispositions and bequests which were made by him either jointly with his wife or by himself alone, has desired this his testamentary disposition and last will to be drawn up anew in manner [541] following: Commending his immortal soul when separated from the body to the hands of Almighty God and his body to a Christian burial, he declares his present wife, named Abeltie, to be his sole and universal heir of the estate which God has granted them jointly and severally, nothing excepted, be it personal, real, standing, lying, movable or immovable, of whatever condition or nature it may be, or however named (1 ut wills that there shall be given and delivered to the behoof of the poor of this place the sum of eight beavers or the just value thercof in silver money) ; but with the understanding that she shall be holden in all things to care for and honorably bring up according to her means and con- dition the four children, to wit, Johannis (aged about ten years), Cornelia, Margarita and Abeltie ( aged about six months) by them
1 The following pages contain all that appears to have been preserved of the notarial record of Jan Juriaensen Becker, with the exception of a few wills in volume I of Wills and a few original wills on file in the surrogate's office in the city of New York, of which abstracts are printed in New York Historical Society, Collections, 1892, vol. 25.
594
EARLY RECORDS OF ALBANY
procreated in wedlock, and those which they may procreate during their married life, as an honorable mother ought to do, during the time of her widowed estate, but in case she comes to enter into wedlock a second time, she shall be hoklen then to set apart a just half of all the estate and effects as they then may be, according to her feeling and conscience ( without the delivery of an inventory or exhibit) for the behoof of the child or children by way of inheritance from this testator, but with this express stipulation that the males shall not share therein to any greater extent than the females, that is that each of them shall participate alike, but that the eldest son out of the undivided estate shall first draw a very good saddle horse and its belongings, or the just value thereof in current money ; appointing his [542] aforenamed wife Abeltie, after his decease, administratrix and executrix of his whole estate and effects, and also guardian of the children, to deal with them just as if they were both still living, without either the court or courts, whether high or low, of what kind soever, whether here or elsewhere, or the honorable orphan masters, constable or constables, or any officer or authorities ( saving their respect ) har- ing any right to interfere therewith, inasmuch as the testator shuts out and excludes them one and all and wills that they shall have no power herein, notwithstanding that certain laws or legal customs in this country or elsewhere may direct otherwise, desiring that for this purpose such provisions may be inoperative and suspended. All of which the testator declares to be his last will and testament, willing that the same shall have its full effect, from the least to the most weighty article thereof, whether as will, codicil, donation, gift in anticipation of death or among the living, or any other bequest of whatever nature or name it may be, desiring that the utmost benefit may be derived therefrom, notwithstanding that the legal formalities may not have been fully observed herein for the maintenance of this his last will and testament. In witness of the truth hereof, he has deliberately signed and sealed this with his own hand in presence of Mr William Teller and Mr Cornelis van Dyck, called as witnesses hereto. Dated as above and done at the house of me, the notary, standing in the aforesaid town.
ANTHOINE LESPINARD (L.S. )
Witnesses :
Willem Teller Cornelis van Dyck Signed and sealed in my presence, J. BECKER, Notary Public Copy. 3 April 1685.
595
NOTARIAL PAPERS I AND 2, 1660-1696
Contract of sale between Jacob Jansen van Noortstrant and Douwe Aukes of a house and lot in Albany
[543 blank ; 544] Appeared before me. Jan Becker, notary public residing in the town of New Albany, Jacob Jans : van Noortstrant, inhabitant of said town, and Douwe Aukens, residing at Scha- nechtede, who acknowledge that they have well and truly sold and bought what follows, to wit: Said Jacob van Noortstrant ack- nowledges that he has sold to said D. Aukens his house and lot lying in this town, at present possessed and occupied by him, as good and as bad as it now is, with whatever is therein fast by earth or nail, as it now lies in its fence, free and unincumbered (saving the lord's right), for the sum of sixty good beavers at eight guilders apiece, or their just value in silver money, wheat or peas at market price, to be paid in three instalments whereof the first shall be due next February 1687, the second payment one year thereafter and the third payment also a year after the second in the month of February 1689, payments to be made here in this town. The seller shall release the buyer from all further claims when payments shall have been made as aforesaid and upon the last payment for said house and lot he shall deliver a proper con- veyance thereof. The contracting parties being fully satisfied with the foregoing conditions, they bind for the proper performance thereof their persons and estates, present and future, subject to all lords, courts, tribunals and judges, nothing excepted, and in wit- ness of the truth they have signed and sealed this at the house of Barent Meyndersz, standing here in New Albany, on the 19th of October Aº. 1686. Said house and lot were at once delivered to the buyer.
JACOB JANSEN VAN NORSTRAN [T] (L. S.) This is the mark D A of DOUWE AUKENS (L. S.)
Signed, sealed and delivered in our
presence
C. Aukess Barent Meynderss
In my presence, J. BECKER, Notary Public
Assignment of the preceding contract of sale from Douwe Aukes to the deacons of the Reformed Dutch Church at Albany
[545] On the 30th of April 1687 the aforesaid Douwe Aukens ack- nowledged that he had transferred and assigned the above contract
596
EARLY RECORDS OF ALBANY
of sale to the deacons of the Reformed Church here in this town of New Albany, provided and on the express condition that the said deacons shall release him from all future claims of Jacob Jansz van Noortstrant aforesaid, as they hereby do. In witness of the truth of which they have mutually signed and sealed this on the date above written.
This is the mark D A of DOUWE AUKENS (L. S.) JACOB ABRAHAMSEN (L.S. ) ALBERT RYCKMAN (L.S. )
Signed, sealed and delivered in our
presence, Dirck Wesselss J. Becker, Notary Public
Agreement of the heirs of Maritie Mynderts Wemp, deceased, regarding the settlement of her estate
{546] Albany, the 26th of February 16;".
On this day Diever Wendel, widow of the late Myndert Wemp, assisted by Capt. Johannes Wendel, alderman of this city, her brother and chosen guardian herein, and Capt. Sander Glen, hus- band and guardian of his wife, Antje Jansz, daughter of Maritie Myndertse, late wife of Sweer Teunise, and Barent Janse, son of Maritie Myndertse aforesaid, have contracted and agreed on the following conditions, in presence of Arnt. Cornelise Viele. chosen guardian of all three parties hereto.
First. Whereas Sweer Teunise and Maritie his wife, mother of the aforesaid contracting parties, were shockingly murdered at Shinnechtady when the French and Indians destroyed said place and have left diverse lands and movable effects, therefore it is fully agreed and determined by the aforesaid parties that all the estate, including lands, real and personal property, claims and credits, and all that the said deceased in their lifetime owned and possessed. shall be equally divided into three portions, to wit: \ just third part of the whole estate [547] for the behoof of Diever, widow of the late Myndert Wemp and her children ; a third part of the whole estate for the behoof of Capt. Sander Glen, husband and guardian of his wife Antie Janse ; and a third part for the behoof of Barent Jause, son of Maritie Mynderise aforenamed ; without anyone laying claim by right of birth or otherwise to the lands and other estate, but all to be equally divided as aforesaid, following therein the marriage contract between said Sweer Teunise van Velsen and
597
NOTARIAL PAPERS I AND 2. 1660-1690
Maritie Myndertse, made and executed on the 12th of June 1664, with reference to said children.
Second. The said three parties (Capt. Wendel undertaking for his sister) shall take out letters of administration and jointly take possession of the estate, real and personal, and jointly give security for the faithful administration thereof.
Third. All debts against said estate shall be paid out of the com- mon property or by the said three parties.
[548] Fourth. The real estate as well as the personal property shall at the first opportunity be equally divided as the three parties shall agree among themselves and failing of agreement or in case of any difference, each party shall choose an umpire, who with Arnout Cornelise, chosen guardian, shall fully determine and settle the matter at issue.
Fifth. In case any of the aforesaid parties (Capt. Wendel under- taking and binding himself for his sister and the children left by Myndt. Wemp, deceased ) shall do or cause to be done anything contrary hereto, either in or out of court, inasmuch as this is done without craft or guile and after mature deliberation, for divers good reasons the parties thereto moving, then said party or he who shall have undertaken for him shall be firmly bound and obligated to pay to the other two parties, or to their heirs, administrators, or successors the sum of five hundred pounds current money of this province, the person who breaks this contract or agreement or who opposes or resists such payment to be cited in an action for private debt to be tried in any of their Majesties' courts. Thus done under our hands and seals, in Albany, on the twenty-sixth day of February and in the first year of their Majesties' reign, Aº. 1688.
DIE WEMP (L. S.)
JOHANNES WENDEL (L. S.)
SANDER GLEN (L. S.)
BARENT B I W WEMP his mark (L. S.) ARNOUT CORNELISZ ] (L. S.)
Signed and sealed and by the parties promised to be kept invio- late, though written in the Dutch language, in presence of :
Jan Janss Bleecker
Justus of de peace
Abraham Cuyler [549] [Indorsed :]
Feb. 26, 16 8 9. Contract of the heirs of Marite Wemp, deceased
508
LARLY RECORDS OF ALBANY
Contract of sale between Abraham Isaacksen and Johannes van Zant of a quarter interest in a sawmill
[550] On this 7th day of March .\º. 1685 at New Albany, Abra- ham Isaacks acknowledges that he has sold to his brother Johannes ten Santen 1 his just half of the half of the sawmill 2 and all its appurtenances belonging to him in company with Gert Wynantsz and bought of Wynant Gertsz van der Poel under date of August 5. 1685, excepting the lumber sleigh and a horse, with all of which the aforesaid Johannes ten Santen declared himself fully satisfied. He also acknowledged that the same had already been delivered to him and promised to pay therefor to Abram Isaackse eight hundred inch pine boards, in two instalments, the first instalment of five hundred boards next summer of this year and the second instal- ment of three hundred boards in the summer of the following year, when the payment shall be complete and the delivery shall be made a mentioned in the aforesaid bill of sale. The parties being fully atisfied with the foregoing conditions, they bind for the true performance thereof their persons and estates, subject to the juris- d'etion of the courts as by law provided. In witness of the truth hereof they have signed and sealed this without craft or guile, or the date aforesaid, being in the fifth year of the reign of our Sovereign King of Great Britain, James the Second.
This is the mark \ I of ARRAM ISNACKZ (1 .. S.)
JOH [A]NNUS VAN ZANT (I .. S.)
Signed, sealed and delivered in our
presence.
J. Becker Johanis Becker, junier
Will of Arent Schuyler and Jannetie Teller, his wife
[551 blank ; 552] In the name of the Lord. Amen. In the year of our Lord and Savior Ao. sixteen hundred and eighty-five, the twenty-fourth day of the month of March3 about seven o'clock in the morning, at New Albany in America, appeared before me, Jan Becker, notary publ'e admitted by the Right Honorable Thomas Dongan, Esq., governor general on behalf of His Royal Highness James, [ Duke of York]. over all his territories in America, resid-
Johannes van Zant ; see signature. His wife was Margriet van der Poel. was apparently a brother-in law of Abraham Isaacksen.
This sawmill was on the Wynants kill.
3 March 21. 1682?
599
NOTARIAL PAPERS I AND 2, 1660-1696
ing in New York, the worthy Mr Arent Schuyler and Janneke Tellers,1 man and wife, residing here in New Albany, both sound and hearty of body, able to stand and walk, having full possession and the right use of their senses, memories and speech as outwardly appears, who, considering the certainty of death and the uncertainty of the time and hour thereof. and being moved thereto by the particular love and affection which they bear toward each other, without persuasion or inducement of anyone, have caused this their last will and testament to be drawn as follows : In the first place they commend their souls to the hands of Almighty God and their bodies to a Christian burial, revoking, annulling and canceling all testamentary dispositions and bequests heretofore made by them either jointly or separately, [553] willing that the survivor of both of them shall remain in possession of and inherit all the effects, common property and entire estate, house, lot, real and personal, movable and immovable property, jewels, gold, silver coined and uncoined. linen, woolens, merchandise, household fur- niture, no thing or things excepted; to inherit, possess and hold the whole forever, whether he or she marry again or not, without turning over the least stiver's worth thereof to any parent or parents, relatives, or any person whomsoever, much less delivering any inventory, or statement, or furnishing any security, since the survivor is to remain the absolute heir, curator and executor of the whole estate, just as they jointly were when alive; with the under- standing that if after the death of either of them there be found any child or children lawfully procreated by them, the survivor shall be holden, in case of a second marriage (but not before) to set aside for such child or children a half of the whole estate, as the survivor in conscience and justice shall then think proper, without being subject to any further demands whatsoever, with the express understanding that one child, whether male or female, shall not receive more than another, that is to say, that they shall all share alike. [554] and that neither the honorable magistrates, constable or constables, nor the honorable orphan masters, nor any justice or court, nor any other authority or authorities, whether high or low, of whatsoever nature or character, or who or where- soever they may be (saving their entire respect) shall have the right to interfere therewith, since the testators, jointly and severally, shut out and exclude them all and fully entrust the matter the one
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