USA > New York > Albany County > Albany > Early records of the city and county of Albany, and colony of Resselaerswyck, Volume 3 > Part 54
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1 Janneke Teller, the daughter of Willem Teller, senior, an abstract of whose will. dated March 19. 1608, proved May 23, 1701, is in New York Historical Society, Collections, 1892, 25:102-3
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EARLY RECORDS OF ALBANY
to the other, and notwithstanding that some law or laws, custom or customs, here or elsewhere, may otherwise direct, desiring that the same in this case may become inoperative and cease to have effect. And if so be that the survivor of them both happen to die unmarried, not having entered into wedlock a second time, and any children hereafter to be born of them in wedlock remain alive. then they shall all inherit alike, without reference to sex. This the aforesaid testators declare to be their last will and testament, which they desire to have full force and 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 however it may be named, notwithstanding that certain laws or customs may otherwise direct, desiring the most favorable con- struction thereof for the maintenance of the aforesaid will. This being thus advisedly written at the desire of the testators, they have signed it with their own hands in presence of Mr Jan Verbeeck and Jacob Abramz, as witnesses, to me, the notary, well known; datum ut supra. And they have requested me, the notary. to make two copies hercof of the same tenor, one to remain with the testators and the other with me, the notary, and they have mutually sub- scribed the same.
ARENT SCHUYLER YENKE TELLER
As witnesses : Jan Verbeeck Jacob Abrahamsen
In my presence. J: BECKER. Notary Public
Antenuptial articles of Johannes Oothout and Aeltie Evers, widow of the late Gert Lubbertsen
[555 blank ; 556] Copy
In the name of the Lord, Amen. Know all men that on the 23d day of April 1680, before ine, Jan Becker, notary public residing in New Albany, appeared Johannes Oothout, young man, and Veltic Evers, widow of the late Gert Lubbertz, by whom she has a child yet living about fourteen months old, named Rebecca, which per- sons in the fear of the Lord intend to marry each other and to enter together into the state of matrimony. However, before the sol- emnization thereof they have thought it advisable as after ripe deliberation and careful consideration they do hereby find it advis- able to have this their marriage contract drawn up in manner fol- lowing (after declaration by said bride that she has made a lawful
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NOTARIAL PAPERS 1 AND 2, 1660-1696
exhibit of said child's or daughter's paternal inheritance before the court of this city).
First, the parties mutually promise to hold all things in common, debts and credits on either side to be likewise in common. In dis- charge of the aforesaid child's claims on her father's estate, they shall bring her up honorably according to their station and means and do by her as honest parents in conscience ought to do. In addi- tion the bridegroom promises that in case he comes to outlive this his bride and future wife, to treat said child in every way as if they were both living: and moreover when [557] the aforesaid child comes to maturity to give and bestow upon her a good milch cow; and said bridegroom likewise promises that said child shall be his sole and universal heir, in case, his bride dying, he happen to die her widower, without having any other lawful child or children then living born of his bride; but if there be a living child or children by them procreated, then shall they share alike in the inheritance, the one no more than the other, the aforesaid child by the first husband as much as the others; and if they have a son or sons, they shall also not participate in the inheritance to any greater extent than the aforesaid child or the other daughters whom they may together procreate. If it happen that the bride- groom die before his bride, then he wills and desires that she shall remain in possession of the estate (if she please) and manage it for the common profit and loss, even as he might do if living, without rendering any accounting or inventory thereof, much less furnishing any security or surety to blood relations, constables, orphan masters or their representatives, the court of this city, or any person whomsoever, whether child or children, mature or immature, since he rejects and excludes them, during the time of her widow- hood ; but if she come to marry again then he wills that she put aside from the whole estate and effects the just half. [558] which just half shall be for the bchoof of the aforesaid child, but if a child or children procreated by them be living, then shall the afore- said child participate with them and if there be a son or sons, they shall not participate further than the daughter or daughters as aforesaid; and if there then be no child or children living then shall his blood relations inherit one-half of the inheritance and the aforesaid bride the other half. This the aforesaid bridegroom and bride declare to be their contract, will and desire, which they wish to have full force and effect from the most to the least important article thereof and in token of the truth, without any reservation
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or equivocation, they have subscribed and sealed this with their own hands this 23d day of April 1689, at New Albany aforesaid. Was signed: Johannis Oothout. This is the - mark of Veltie Evertz, made with her own hand. In the margin was written : Signed, sealed and delivered in our presence, Albert Ryckman, Justes of Peace. Johannis Becker Junyor. Lower was written: In my presence, J : Becker, Notary Public.
After collation this was found to agree with the original remaining in the hands of the contracting parties.
Which I attest, J: BECKER, Notary Public
Will of Jan Luycassen Wyngaerd
[559 blank ; 565] In the name of God, Amen. Know all men whom it may concern that on the 23d day of July at New Albany, sixteen hundred and ninety, being in the second year of the reign of William and Mary, King and Queen of Great Britain. Jan Lucasse,2 having fled from his lands lying at Schanechtede and at present maintaining himself in the aforesaid city, intending to go to war against the French nation and their Indians in Canada, being sound and hearty of body, able to walk and stand and in the full exercise and possession of his senses, understanding and speech as outwardly appears, considering the frailty of human life, the unknown hour of death and not wishing to depart hence without having first disposed of his temporal effects granted him by God Almighty, and that not through persuasion, inducement or mis- leading of anyone, but of his own free will and motion, first com- mending his soul into the hands of God and his body to a Christian burial, nominates, institutes and appoints, as he hereby does, his respected wife Catharyna the sole and universal heir to all his personal and real estate, lands, money, claims and credits, together with all that has come to him (through her) from her deceased father's estate and effects, nothing whatever reserved or excepted. to do therewith after his death as she may judge best, whether to sell, alienate, dispose of, part with, or spend the same, and further- more to do with the whole and entire estate as the testator while living might do. [ 561] willing that neither relatives (or those who may pretend to be such) nor any constable or constables, nor the
! Jan Lucassen Wyngaerd or Wyngaart; see History of the Schenectady Patent. p. 227.
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NOTARIAL PAPERS I AND 2, 1660-1696
orphan masters, nor the court of this county or city, nor any high or inferior court or judge of this province, nor any person whoever shall compel her to deliver an inventory or accounting [of the estate], much less to furnish any bond or security, inasmuch as he rejects and excludes them one and all, notwithstanding some cus- tom or customs, law or laws may otherwise direct, which he desires to be inoperative and without effect in this matter, and therefore making her administratrix and executrix of the whole estate and effects and also sole heir as aforesaid; also giving her power to help settle her father's estate and her portion thereof to receive and use in any manner which to her may seem proper, the like power being granted to his wife by the testator during his absence in Canada. All that is hereinbefore written the testator declares to be his last will and testament, which he desires to have full force and effect from the least to the weightiest article thereof, whether as will, codicil, gift in anticipation of death or among the living, or any other bequest however named, notwithstanding that all legal formalities may not have been fully observed herein, request- ing the most favorable construction for the maintenance of what is hereinbefore written. In witness of the truth of which he has signed and sealed this with his own hand, datum ut supra.
This is the mark X of JAN LUYCASSE (L. S.)
Signed and sealed in our presence, as witnesses :
Johacnies Becker, junior
J Becker
[ Endorsed on page 563 (page 562 being blank) ] Testamentary disposition of Jan Luycasse July 23, Albany 1690.
Will of Pieter Vosburgh1
[564] In the name of God, Amen. Know all men whom it may concern that at Albany on the 24th of June sixteen hundred and ninety, in the second year of the reign of William and Mary, King and Queen of Great Britain, Pieter Vosburgh, residing at the Kinderhoek, firm and sound of body, able to stand and go about, and in full possession of his mind, senses, memory and speech as far as outwardly appears, who, considering the frailty of life and the unknown hour of death, has of his own motion and inclination,
1 Another translation of this will is printed in The New Netherland Register, v. I, no. 8, p. 120-21, in connection with an article by R. W. Vosburgh on "The Vosburgh Family."
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EARLY RECORDS OF ALBANY
without persuasion, inducement or misleading of anyone whomso- ever, deemed it advisable not to leave this world without first hay - ing disposed of his temporal estate granted him by the Almighty. Commending his soul to the hands of God and his body to a Chris- tian burial, he nominates and appoints, as he does hereby, his wife Jannetie his sole and universal heir to all his estate and effects, nothing in the workl excepted, whether lands, houses, ground or grounds, household goods, cattle, money coined or uncoined, claims and credits, or whatever else they may be called, with power to possess, sell, alienate or dispose of the same, both real and per- sonal estate, in the same and like manner [565] as the testator could do during his life, not willing that his brothers or sisters, or in case of their death their child or children, or during the minority of the same their guardians of blood relations, or any person who- soever, shall trouble her to deliver an inventory or exhibit of the property, much less to furnish bond or security, but willing and desiring that she shall be administratrix and executrix of the whole estate and effects: upon the express condition and it being the testator's will and desire that his aforesaid wife, after his death, shall give to his brothers all the linen and woolen clothing that belongs to his body : also to the same fifty beavers or the just value thereof : also to his brother Isaak the half of the land of the farm at the Kinderhoek lying on the Groot stuck (large tract), provided he pay half of what is yet to be paid on the farm; also to his afore- said wife's sister Adriaantie two cows; and she shall pay out no more to any one whomsoever except as aforesaid. But as it may happen that the testator and his wife may come to die without one being able to know for certain which of the two died first, therefore it is his express will and desire that the estate left behind shall be divided into two equal parts by the nearest relatives and lawful heirs of both sides, to wit. a just half for the testator's side and the other just half for his aforesaid wife's side. All that is hereinbefore written the testator declares to be his tes- tamentary disposition and last will, which he desires to have effect from the least to the weightiest article thereof, whether as will. codicil, donation in anticipation of death, or among the living, or any other bequest under whatsoever name. [566] notwithstanding that all the formalities of the law of this government may not be observed herein, desiring that the utmost benefit of the law may be obtained for the maintenance of the same; and in witness of the
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NOTARIAL PAPERS I AND 2. 1660-1696
truth thereof he has subscribed and sealed this with his own hand on this 24th of June 1690, at New Albany as aforesaid.
PIETER VOSBURGII (and seal)
Signed and sealed in our presence
Arnout Corneliss Viele Johannis Becker Junyor
In my presence. J. BECKER
The principal [instrument] hereof was handed to him in the presence of the above witnesses.
[567] [Indorsed] Will of Pieter Vosburgh. June 24. Albany, 1690.
Will of Cornelis van der Hoeven
[568] In the name of God, Amen. In the year of our Lord and Savior sixteen hundred and eighty-five, on the fifth day of Sep- tember, in Albany in America, in the first year of the reign of our Sovereign King James, the second of that name, appeared before me, Jan Becker, notary public residing in the aforesaid town. admitted by the Right Honorable Thomas Dongan, Esq. governor general on behalf of his Majesty aforesaid in all his territories in America, residing at New York, Cornelis vander Hoeve, inhabit- ant of this town, who lying sick in bed but having the perfect use and possession of his understanding, memory, senses and' speech, as is quite evident, considering the frailty of this life, and the unknown hour of death, and therefore wishing to dispose of his temporal effects granted him by the Almighty, declares that he has made no testamentary disposition before this date. Committing his soul into the gracious hands of God and his body to a Christian burial, he nominates, declares, and institutes hereby his present wife Metie Beeckmans his sole, universal and general heir of all his estate and effects, standing and lying, real and personal prop- erty, all claims and credits, without exception, and of whatever name, provided she be holden to do her maternal duty in all respects by the children which God has granted them together. as an honorable and faithful mother [569] should do, without being bound to render any account, deliver any exhibit or inventory, much less to give security or surety, to the honorable orphan masters, constables, court, or any person whomsoever (saving their respect) : as the testator, trusting his wife fully, puts the full admin- istration and executorship in her hands to dispose of all things
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EARLY RECORDS OF ALBANY
and in all ways as he while living might do, during the time of her widowhood; but if she marry a second time, then shall the effects that are found be divided into two parts, a just half for his wife and the other just half for the children, to be divided equally among them ( at their majority), to each child a like share, with- out regard to sex, and the oldest son shall not participate more largely therein, but the oldest son, before any division be made. shall first receive twenty shillings current money here. All which aforesaid conditions this testator declares, without the persuasion or misleading of anyone whomsoever, to be his testamentary dis- position and last will, which he wills to have full effect from the least to the weightiest article, whether as testament, codicil, gift in anticipation of death or among the living, [570] or any other bequest of whatsoever nature, notwithstanding that all the formali- ties of the law may not be observed herein, desiring the fullest benefit therefrom for the maintenance of the same. In witness of the truth whereof, he has subscribed and sealed this with his own hand, at his house at about five o'clock in the afternoon, dated a. aforesaid ; present, Barent Meyndersz and Paulus Maartz. called as trustworthy witnesses hereto.
KNELES CA[N]DE HOEVE ( L. S. )
By the testator signed and sealed in presence of us, Pottlijn Martens Barent Meynderss
In my presence, J. BECKER, Notary Public
N. B. The testator was buried on the roth of January 168;
Will of Michiel Calier of Kinderhook
[571 blank ; 572] In the name of God. Amen. Know all men whom it concerns that in the year sixteen hundred and eighty- nine, on the sixth day of November, in the evening about eight o'clock, at New Albany, being the first year of the reign of their blessed Majesties of Great Britain, Willeam and Mary, Michiel Calier, residing at the Kinderhock, heretofore married to Engeltie, daughter of Dirck de Stoced (the Swede), who being deceased left a daughter named Magdalena, now about two and a half years old, by them lawfully procreated, to whom he made a liberal allow - ance for her mother's estate according to his means and condition,
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NOTARIAL PAPERS I AND 2, 1660-1696
and now for the second time married to Tretie, daughter of Jeurian van Hoesem: [which Michiel Calier]. in contemplation of death and the unforseeable hour thereof, has thought it advisable to dispose of his temporal effects granted him by the Almighty and therefore, without persuasion or inducement by anyone whomso- ever, but of his own motion and will, being sound of body and having the perfect use of his understanding, faculties, memory and speech as evidently appears, has caused his testamentary disposi- tion and last will to be drawn in manner following, but before entering thereon he commits his soul to the gracious compassion of God and his body to a Christian burial. He wills and desires that this his wife, after his death, shall remain in possession of the common estate and effects, to manage the same for common profit and loss, as this testator might do while living, and to [573] this end appoints her administratrix and executrix, willing that she shall not be obliged to deliver an exhibit or inventory, much less to give security or surety, for child or children, or in case of the death or minority of the same to their blood relations, to the hon- orable orphan masters, the court, or any authority or authorities, or any high or inferior court or judge, or to any person whomso- ever, all and every one of them individually he excludes and bars during the term of her widowhood, but in case she marry again. then he wills that the personal estate and effects shall be divided into two equal parts, except that she shall first receive and take out the linen and woolen goods that belong to her body, one-half of said personal estate to be for his wife and the other half for his aforesaid daughter by his wife's first husband and the child or children procreated by his wife who are then living, the same to be distributed among them equally and one child to have no more than another, it being well understood that each minor child's portion shall remain in her hands subject to proper security until said child reaches legal age, but those who reach their majority may demand their portion without having to wait for the others to reach their majority. Furthermore the testator's wife shall be holden honorably to bring up and train the child or children till their majority in all ways and manner according to her means and station as a faithful and honorable mother ought to do, it being well understood that this testator's aforesaid step-daughter is included with them. But as regards the real estate and property, his wife shall not have power [574] to sell, alienate, or part with the same, but shall receive the rents and profits thereof during the
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term of her life, whether she remain a widow or marry again ; which aforesaid real estate after her death shall be sold or divided as may be found best into two equal portions, one just half to belong to this testator's wife's nearest heirs and blood relations and the other half to the testator's aforesaid step-daughter and the child or children then living procreated by his wife, share and share alike as above stated, but the eldest son (if there be one) shall before any partition is made receive twenty shillings in money of this country. And in order that everything may proceed in orderly fashion the testator appoints as guardian of his child or children Jeurian Van Hoesem and Frenck Herdick properly to carry out the provisions of this will and to look after everything. . All that is hereinbefore written the testator declares to be his last will and testamentary disposition, which he desires to have full effect from the weightiest to the least article thereof, whether as will, codicil, gift in anticipation of death or among the living, or any other bequest, as may be most practicable, notwithstanding all legal for- malities may not have been observed herein, desiring the most favorable construction for the maintenance hereof. Thus done at Albany, this 6th of November 1680 as aforesaid and in witness of the truth he has signed and sealed this.
This is the mark MK of MICHIEL KALIER ( L. S.)
Signed and scaled in our presence, Jochem Lammersen Willem Hoffmeyer
In my presence. J. BECKER
Agreement between Johannes Ouderkerk and the administrators of the estate of the late Hendrick Gardenier, whose widow he is about to marry
[575 blank; 576] On this seventh day of April 1695 appeared before me, Rob !. Livingston Junt., in the absence of Robert Liv- ingston, clerk of the city and county of Albany, Johannes Ouder- kerk, future bridegroom, of the one part, and Andries Gardenier and Cornelis Claese, administrators of the estate of Hendrik Gar- denier in behalf of the children of the aforesaid Hend : Gardenier. deceased, of the other part, who declared that in love and friend ship they had agreed and contracted in form and manner following,
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NOTARIAL PAPERS 1 AND 2, 1660-1696
to wit: It is fully agreed and concluded by the aforesaid parties that the entire estate, including lands, real estate, movable and immovable property, claims and credits and everything else that the said decedent in his lifetime possessed and owned shall after the payment of the debts be divided equally, to wit, into two parts, one just half for Neeltie Claese, widow of the aforesaid Hend : Gardenier, deceased, and the other just half for the behoof of the [577] decedent's four children, named Claes, Andries, Josina and Hendrik Hendrikse Gardenier, who remain in the aforesaid Johan- nes Ouderkerk's charge, and when the aforesaid children attain their majority, the said Joh : Ouderkerk may pay them their just half in money, to be divided equally, and none of them shall make any extra claim by right of primogeniture or otherwise. However, the aforesaid Johannes is holden to bring up and support the afore- . said children out of the estate aforesaid; and apart from all obli- gations said Johannes promises, when the children come to mature age and leave him. to fit out each of them with a new suit of clothes according to his means. Done in Albany, the seventh day of April, in the seventh year of his Majesty's reign Anno 1695. and given under my hand and seal.
his JOHANNES + OUDER[KERK] (L. S.) mark his CORNELIS C K CLAESE (L. S.) mark
his ANDRIES X GARDENERS (L. S.) mark Signed and sealed in presence of Jan Ovdekerck Robt. Livingston Jun"
[END OF SECOND VOLUME OF " NOTARIAL PAPERS "] 20
INDEX
Abeel, Hilletie, 464
Abeel, Stoffel Jansen, bond of Maes- sen to, 249; wife, 270, 397; house and lot, 397, 398, 400; will referred to, 397 ; mentioned, 311, 426, 464; witness, 151, 196, 241, 270, 309, 374, 469, 486
Abelsen, Hendrick, see Reddenhasen, Hendrick Abelsen
Abrahamsen, Jacob, sec Kuyper, Jacob Abrahamsen
Abrahamsen, Matheus, see Van Densen, Matheus Abrahamsen
Abrahamsen, Melchert, 504 Adams, Tannetie, will, 439 Adriaens, Marie, 22
Adriaensen, Dirck, 89
Adriaensen, Hendrick, see Van den Burchgraeff, Hendrick Adriaensen Adriaensen, Jacob, 35
Adriaensen, Pieter, see Van Wog- gelum, Pieter Adriaensen
Adriaensen, Reyndert, 406
Aepjes island, 50 Aerts, Aeltie, 480
Aerts, Gebbecke, 480
Aertsen, Aleff, 480 Aertsen, Lambert, 480
Aertsen, Lnycas, 225, 227, 230, 234, 236, 237, 238, 240 Aertsen, Wouter, witness, 271 Ahnys, Jan, 480
Albany, village of Beverwyck called, 299; order to inhabitants to pro- vide themselves with arms and ammunition, 322; order of council of war, 324 Albars (Albertsz), Jan, see Van Steenwyck, Jan Albertsen
Alberts, Engeltie, sce Bratt, Engel- tie Alberts
Alberts, Geisseltie, see Bratt, Gissel- tie Alberts
Albertsen, Andries, 218
Albertsen, Barent, sce Bratt, Barent Albertsen
Albertsen, Harry, 112
Albertsen, Jan, see Van Steenwyck, Jan Albertsen Albertsen, Lambert, see Van Neck, Lambert Albertsen Albertsen, Reyer, see Elbertsen, Reyer Albertsen, Storm, see Van der Zee, Storm Albertsen
Albertsen, Wouter, see Van den Uythoff, Wouter Albertsen Albrechts (Aelbrechtscen), Fem- metje, 60 Allin, Samuel, 66 Amersfort (Flatlands), 45
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