Albany County (N.Y.).

Early records of the city and county of Albany, and colony of Resselaerswyck (Volume 2) online

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that in the best and most effectual manner possible according to law
she had constituted and appointed, as she. Madam Margareta van
Slichtenhorst, hereby does constitute and appoint, the Honorable
Willem Banken, merchant at Amsterdam, her attorney, in her, the
principal's, name and on her behalf to convey and make over her
interest in a certain property and estate lying in the province of
Gelderlandt, one of the seven provinces of the United Netherlands,
in the jurisdiction of Niewkerk in the Veluwe, called Gyse West-
phalinx estate, lying at Slichtenhorst, with its high and low lands,
sowed and arable lands, together with all the fens, growing timber,
buildings and all the appurtenances, rights and claims thereof, noth-



DEEDS I 6/8- I 704 359

ing excepted ; consent and approval to ask where and in such way
as shall be proper, and furthermore all other things to do and to
perform which she, the principal, if she herself were present, accord-
ing to the nature of the estate might and could do and perform, and
to call two Tor more sealers thereto who are freeholders in the'
Veluwe, with power to substitute one or more persons ; promising
to hold as good, binding and valid whatever shall be done in this
matter by the aforesaid attorney, under promise of guaranty and
indemnity as by law provided. In witness of the truth of which I,
the undersigned mayor of the city of Albany, and two aldermen
of the court of the same have signed these with the principal and
issued thereof an authentic instrument bearing the seal of this city
and the signatures and caused the same to be recorded by our secre-
tary at the requisition as above. Done in Albany in America on
the eleventh day of May 1698.

Maergrita van Slychtenhors

Dirck Wessells, Mayor

Jan Vinhaegcll, Alderman In my presence,

Jan Lansingh, Alderman Rob^. Livingston



Agreement between the heirs of Maria Daman and the represen-
tatives of her surviving husband Cornelis van Nes in regard to
the release of the latter's interest in his wife's estate

[ill] Appeared before me, Rob^ Livingston, secretary of Albany,
colony of Renselaerswyk and Shinnechtady, and in presence of the
honorable magistrates of the said jurisdiction, Mr Gerritt Banker,
husband and guardian of Elisabeth van Eps, and Mr Marte Cregier,
husband and guardian of Jannetie Hendriks, both sons-in-law of
the late Maria Dame, deceased, undertaking [also] for Jan van Eps,
son of said Maria Dame, deceased, at present at Shinnechtady, of
the first part, and Hendrik and Gerrit van Ness, attorneys for their
father Cornelis van Ness, of the second part, who declared that in
all love and friendship they had contracted and agreed with each
other in regard to the buying out of said Cornelis van Ness's interest
and claim in and to the estate of his late wife Maria Dame, in man-
ner following.

First, Hend''. and Gerrit van Ness declare that by virtue of a
power of attorney from their father Corn : van Ness they renounce
and absolutely relinquish the whole estate, as well real as personal,



360 EARLY RECORDS OF ALBANY

rights and claims, which they hereby make over with all the profits
and losses thereto appertaining to the said Mr Gerrit Banker, hus-
band and guardian of Elisabeth van Eps, Mr Marte Cregier, hus-
band and guardian of Jannetie [112] Hendrikse, both daughters of
the late IMaria Dame, deceased, and to Jan van Eps,' son of the
said Maria Dame, deceased, for the sum of five thousand seven hun-
dred guilders in seawan, to be paid with beavers or wheat at sea-
wan prices, in three instalments, to wit: one just third part in
January or February A°. 168^, one just third part in January or
February 168^, and the last third part in January or February
A°. i68f, for the punctual payment of which sum of f5700 seawan
at the times aforesaid Mr Gerrit Banker, Mr ^Vlarte Cregier and
Jan van Eps bind themselves jointly and severally as principals.

As regards the debts and credits contracted and given during the
marriage of Cornelis van Ness and Maria Dame, they shall be for
the profit and loss of Mr Gerrit Banken, Mr ]\Iarte Cregier and
Jan van Eps, to be collected and paid in full without the children
of Comehs van Ness by virtue of their power of attorney aforesaid
meddling therein in any way ; on the contrary, the debts and credits
made by Cornelis van Ness before his marriage with said Maria
Daeme, deceased, shall be for the profit and loss of said Cornelis
van Ness without the children of Marie Daeme, deceased, having
anything to do therewith.

It is further stipulated that Cornelis van Ness within the time of
eight days shall surrender and give possession of the entire estate
aforesaid to Air Gerrit Banker, Mr Marte Cregier and Jan van
Eps, they giving him a proper outfit of clothing, bed and bolster
with their appurtenances, his Bible and ropemaker's tools and espe-
cially an extract from his account book showing all claims and obli-
gations made and executed before the marriage with Maria Daeme
which will be of service to him in the collection and payment of all
debts and credits as specified above ; and furthermore Cornelis van
Ness reserves to himself the real estate possessed by him before
his marriage, hereby annulling the force and effect of the will made
by Corn: van Ness and Maria Daeme under date of the 29th of
April 1677, excepting that the provision remains intact that each
party, viz, the children of IMaria Daeme for their mother, and
Cornelis van Ness for himself, shall bear and pay each his or their
[113] share of the debts contracted before the marriage and neither
shall be asked or holden to pay the other's debts. With all of
which the parties mutually declare that they are satisfied, the said



DEEDS I 678- I 704 361

Cornells van Ness having thereby completely sold out his interest
in the estate aforenamed. For the performance of what is herein-
before written the parties in the capacities aforesaid mutually bind
their respective persons and estates, real and personal, present and
future, submitting the same to the jurisdiction of all lords, courts
and judges. Done in Albany on the 7th of July 1681.

Gerrit Banken
M : Cregier Junior
Hend : VAN Ness
Gerrit van Ness

Cornells van Dyk

Dirk Wessells

In my presence,

'R7. Livingston, Secretary
Recorded in Albany
v^ 15'^ of August 1698

p. R^L. J^

Release of all demands from the sons of Cornelis van Nes to the

heirs of Maria Damen

To all men to whom this present writing shall come, Hendrik
van Ness with his two brothers Gerrit and Jan van Ness, sons of
Cornelis van Ness, send greeting. Know ye that we the aforesaid
Hendrik, Gerrit and Jan van Ness by virtue and authority of a cer-
tain writing or power of attorney to us given by Cornelis van Ness
our father, of date the 25th June 1681, have contracted and agreed
with the surviving children and heirs of Maritje Dame, deceased,
in her lifetime the wife of said Cornelis van Ness, in regard to
the 'right and claim which said Cornelis van Ness had or might assert
to the estate and that for the sum of live thousand and seven hundred
guilders in seawan, as by said contract at large appears ; the re-
ceipt of which aforesaid sum from the hands of Jan van Eps, Gerrit
[114] Banker and Marte Cregier, son and sons-in-law of the afore-
said Maritie Daeme, deceased, we, the undersigned Hendrik, Gerrit
and Jan van Ness thankfully acknowledge, with which aforesaid
sum of five thousand seven hundred guilders seawan received by us
as above we acknowledge ourselves in the name of Cornelis van
Ness fully satisfied and paid and we therefore clearly and absolutely
acquit and release the aforesaid Jan van Eps, Gerrit Banker and
Marte Cregier, their heirs, executors and administrators of every
part and parcel thereof, promising to free them from all trouble



362 EARLY RECORDS OF ALBANY

and claims which might be set up by the aforesaid Cornehs van
Ness, his heirs, executors and administrators.

In witness whereof the aforesaid Hendrik, Gcrrit and Jan van
Ness have set their hand and seals hereto in Albany on the twenty-
fourth day of March anno 168 5 in the 3d year of his Majesty's
reign.

Hend: van Ness (L. S.)
Gerrit van Ness (L. S.)
Jan van Ness (L. S.)
Signed, sealed and
delivered in presence of
Dirke JVessells
Henderick Cuyler

Recorded y« 15*^ of August 1698

Agreement between the heirs of Maria Damen respecting the

division of her property

On this day, the 5th of August 1686, Marten Cregier of the one
part and Gerrit Banker, having also power of attorney from Jan
van Eps, jointly of the other part, have in all love and friendship
agreed, covenanted and contracted with each other in form and man-
ner following:

First, in respect to the house and lot of the aforesaid Cregier,
standing and lying here in Albany on the hill, wherein Jeronemues
Wendel now dwells, which aforesaid house and lot now absolutely
belongs to the said Cregier alone, without the aforesaid Banker or
the aforesaid Van Eps, jointly or severally, having the right to make
or cause to be made any further claim thereto, the aforesaid Banker
[115] and the aforesaid Van Eps promise that the said house and
lot shall be conveyed to the said Cregier free and unincumbered,
by virtue and according to the contents of the lawful patent thereof.

Second, respecting a certain considerable sum of three thousand
and five hundred guilders Holland money at present in the hands of
Mr Abel d'Wolf, merchant at Amsterdam in Holland, the said sum
of / 3500 being money left as an inheritance and bequest to the
aforesaid Cregier's wife Jannetje by her father Hendrik Andriesen,
deceased, and her mother Maritie Damen, deceased, only mother of
the aforesaid Van Eps, the aforesaid Banker's wife Elisabeth and
Jannetie aforesaid, wife of the said Cregier, it is agreed that of said
sum of / 3500 Holland money the aforesaid Cregier or his order
shall draw and receive, in lieu of his aforesaid wife's father's inherit-
ance as well as of her aforesaid mother's inheritance, the sum of



DEEDS 167S-I704 363

one thousand seven hundred and fifty guilders Holland money, with
this reservation or condition that all the expenses which may be
made or incurred in Holland in connection with said sum shall be
chargeable to the aforesaid Cregier, the aforesaid Banker and the
aforesaid Van Eps, to wit, to each a just third part, wherewith the
aforesaid Cregier, as well for himself as for his wife aforesaid
completely waives and relinquishes their right of inheritance in the
aforesaid sum of / 3500 Holland money, with promise of the afore-
said Cregier and his wife aforesaid nevermore to do nor cause to
be done anything contrary hereto in any manner.

Third, as to the estate in this country left by the aforesaid Maritie
Damen. deceased, mother of the aforesaid Van Eps, Elisabeth and
Jannetie aforesaid, therein shall each participate and share to the
same extent whenever the parties shall proceed to the division and
settlement thereof. Furthermore, the parties shall adjust and settle
among themselves their private accounts, both those between them-
selves and those concerning the estate and of the expenses which
[116] have been made and incurred in this country each party shall
bear his own share.

In confirmation of all that is hereinbefore written and for the full
performance and execution of the same, the parties mutually bind
their respective persons and estates, nothing excepted, subjecting
the same to all lords, courts, tribunals and judges, and furthermore
before and in presence of Mr Dirk Wessells and Mr Cornells van
Dyk, called hereto as trustworthy witnesses, they have signed and
sealed these with their own hands, without fraud or deceit. Thus
done in Albany on the date above written.

M: Cregier (L. .S.)
Gerrit Banken (L. S.)

Signed, sealed and delivered

in presence of

Dirck Wessells

Cornelis van Dyck

Recorded y^ 15*^ of August 1698

Deed from Mohawk sachems to Reynier and Jan Quackenbos for
land at Kanistagajoene (Niskayuna)

[172] Know all men by these presents that we, the undersigned,
Roode and Sagodiogquisax, both sachems of Cagnewage and Cana-
gere, being also empowered to act for Thodorasse, declare that we
have heretofore sold and granted a certain parcel of land of wood-
land, which parcel of woodland we are now inclined to convey, be-



364 EARLY RECORDS OF ALBANY

cause we are old people and it may perhaps be a long time yet before
we have a governor general in the land, owing to which unfortunate
absence of the governor general no grant can now be had ; therefore,
we declare that we have sold, granted and conveyed as we hereby do
sell, grant and convey to Rynier and Jan Ouackenbos, or their heirs,
a certain parcel of woodland lying on the Kanistagajoensse river,
beginning at the old marked black bark oak tree where Claes van
Bockhoven's claim ends, which tree stands on the side of the afore-
said river, running thence from the river to another white bark oak
tree which is marked with the wolf, standing near the dwelling of
Jan Quackenbos aforesaid, being by estimation about two thousand
paces long and so far into the w'oods northward as all the other
neighbors have privilege; for which aforesaid parcel of woodland
we acknowledge that we have been fully paid and satisfied, desiring
therefore furthermore that when a governor general shall have ar-
rived it may please his excellency to grant a patent for the aforesaid
parcel of woodland to the aforesaid Reynier and Jan Quackenbos, or
their heirs. In witness whereof we have subscribed this with our
own hands and marks and sealed in Albany this 25th of September
1689.

Was signed :

The mark X of Roode, made with his

hand (L. S.)
These marks X were X made by

Sagodiogouisax with his own hand'

(L. S.)
Signed and sealed
in presence of
P''. Schuyler, Justice
Dirk Wessells, Justice

Recorded y« 4"' Sep"". 1700

Contract of sale of a house and lot in Albany between Douwe

Aukes and Jean Rosie

[176] We, the undersigned, Douwen Aukas ^ of Shanheghtade
village and Jan Rosie of Albany city, acknowledge that we have
agreed with each other as follows, to wit :

D. Aukas aforesaid acknowledges that he has sold and J : Rosie
that he has bought the seller's house and lot standing and lying here
in Albany city aforesaid between the houses of Willem Hogen and



1 Intended for Douwe Aukes, that is, Douwe. the son of Auke, both Douwe
and Auke being distinctly Frisian names. About him see Jonathan Pearson,
History of the Schenectady Patent, p. 83-85.



DEEDS I 6/ 8- I 704 365

Mr Jacob Staets, as broad as the drip on both sides now Hes, in
length to the Rutten kill, for the sum of one hundred and thirty-
five beavers in money, in two payments, the first payment, the half,
on the first of May 1699, and the other payment on the first of May
anno i/OO, when the seller promises to deliver a proper deed to the
buyer or his heirs. Hereto the contracting parties bind their
persons, estates and heirs. Thus with their own hands subscribed
and sealed in Albany this loth of January 169 |.

DowE D:A AuKAS (L. S.)

Jan * RosiE (L. S.)
Signed and sealed
in presence of
J oh: Cuyler
Card Haensen

Recorded y*^ 18"' Sep"". 1700.

Marriage contract between Jan Hendricksen van Salsbergen and

his son-in-law Richard More

[179] Know all men by these presents that Jan Hendrikse van
Salsbergen, dwelling in Claverak in the county of Albany, of the
one side, and Richard More, now in Albany, now having entered
into wedlock with Geesie Janz, daughter of said Jan Hendrikse, [of
the other side], therefore that said Jan Hendrikse and Richard
More with each other have agreed and contracted in manner and
form following: namely, that the said Jan Hendrikse van Sals-
bergen conveys and makes over to the said Richard More in con-
sideration of his marriage with his said daughter his certain bow-
ery being and lying at Claverak, with his house, barn, orchard, cattle,
horses and hogs, and all that belongs thereto, as the same lies in-
closed and by Jan Hendrikse is possessed, which the aforesaid
Richard More shall receive after the death of the said Jan Hen-
drikse and Jannetie Janz : his wife, excepting four cows and ten
horses, viz, six mares, two stallions and two geldings, which must
then be divided between him and the other three children, to wit,
Hendrik, Harme and Luykas Janz van Salsbergen.^ For which the
said Richard More promises the said Jan Hendrikse and his wife,
now his father-in-law and mother-in-law, during both their lives to
abide with them and honestly, truly and uprightly them to maintain

1 According to a note in Early Records of Albany, 1:93, Jan Hendricksen
van Salsbergen married twice ; first, Emmeke Lucasse, and secondly, January
30, 1693, Tanneke Janse, widow of Ryk Riddersen. It is also stated that he
had four sons : Jan, Lucas, Henrik, and Harmen, who settled in Claverack
or Kinderhook, and had families, with the exception perhaps of the first.
Jan Hendricksen probably came from Salzbergen, a town in Hanover, close
to the Westphalian border, in Germany.



366 EARLY RECORDS OF ALBANY

in all that is needful and with good obedience them to serve, for
which he shall have from this time for his use the aforesaid bouwery,
etc. F"urthermore, after the death of said Jan Hendrikse and his
wife it is his will and desire and he therefore conveys and makes over
to the said Richard More and Geesie, his wife, the real just fourth
part of his whole estate as well of land as otherwis'e, being and lying
at Claverak aforesaid, which shall be divided with the said Jan
Hendrikse's aforesaid three children, whereof the said Richard More
shall have the preference and first choice, with the understanding
that the aforesaid conveyed bouwery shall be therein included, to
wit, in his fourth part. In acknowledgment of the truth, the parties
have signed and sealed this with their hands in Albany, the second
day of November in the 12th year of his Majesty's reign, A° 1700.

his
Jan X Henrikse van Salsbergen (L. S.)
mark

Richard More (L. S.)
Signed and sealed
in presence of
Jacob Ttike
R'. Livingston Jun^.

We, the undersigned, acknowledge that w^e have received of Rich-
ard More the full contents of the above marriage contract and dis-
charge the aforesaid Rich*^ Moore from all claims and demands
from us and our heirs. Which we witness in Albany the loth of
October 1707.

his
Hexdrick X VAN Solsberge
mark
his
Harme X VAN Solsberge

mark
Hend : Hansen in behalf of the children
of Luykas Van Salsberge

Acknov^^ledgment by Douwe Aukes of the final payment by
Andries Davidsen for a parcel of arable land at Schenectady
sold to his father David Christoffelsen and promise to deliver
a conveyance

[181] Know ye that I, the undersigned, Douwen Aukas of
Shinnechtady in the county of Albany bought in Albany A°. 1681,
Aug. 22, at public vendue of the heirs of Maritie Damen, deceased,



DEEDS I 678- I 704 367

etc., executed by Johannis Provoost, then vendue master, a certain
half lot of arable land which I afterwards sold and delivered to
David Christofifelsen (for the sum of one hundred and five beavers
value) being and lying at Shinnechtady aforenamed between the
land of Jan Baptist van Eps and the land of the heirs of Jacob
Sand. Glen, at present in possession of Claes van Petten, and
whereas according to my best knowledge there was still coming to
me four beavers or something more or less, I have on the date
hereof received four beavers in money by way of final payment;
I therefore promise to do my further duty to demand a conveyance
thereof from said Jan Baptist van Eps and Evert Banker and
Martin Cregier, heirs of Maritje Damen aforenamed and so soon
as the same is received to deliver a proper conveyance of the
aforesaid half lot of land to Andries Davidson, son and heir of said
David Christofifelsen, deceased.

Hereto I bind my person and estate, heirs and administrators,
thus with my hand signed and sealed in Albany, May i, 1700.

Was signed :
The mark D A and seal of Douwen
Signed, sealed and de- Aukas, made with his hand (L. S.)

livered in presence of :
Ryer Shermcrhoorn
Jonas Dow
Johannis Cuyler

Recorded the 31"': Decern 1700

Release by Anna Cuyler, widow of Hendrick Cuyler, of her in-
terests in a garden lot to the south of the city of Albany con-
veyed by her late husband to the city magistrates

Know ye that Hendrik Cuyler, in his lifetime burgher and in-
habitant of Albany, A°. 1686, before the obtaining of the charter
of Albany city, released a certain garden lot to the magistrates
of Albany aforenamed, lying in the great pasture of the Church of
Albany to the south of said city, being by Pieter Hartgers in his
lifetime made over to the aforesaid Hend : Cuyler by the pur-
chase of a certain house and lot (conveyed the 24th April 1667) ;^
and whereas the honorable consistory of said church desire a
written release, therefore I, the undersigned Anna Cuyler, widow
and administratrix of the aforenamed Hendrik Cuyler, deceased,
of N : York City, confirm what was done in the matter by him,
the said Hend : Cuyler, and for the behoof of the aforesaid Church



1 See Early Records of Albany, 1 :42i.



368 EARLY RECORDS OF ALBANY

consistory forever I have signed and sealed this with my oldest
son Johannis Cuyler thus in N: York, ]\Iay 24, 1700.

Anna Cuyler (L. S.)
Johannis Cuyler (L. S.)

Signed and sealed in
presence of

Johannis Ah cell

Harp*. Jacohsen

Recorded the 31^' of Decemb''. 1700.

Quitclaim deed from the heirs of Teunis Dircksen van Vechten
to the Dutch Reformed Church of Albany for a parcel of ground
in the great pasture of said church to the south of the city

[182] Know all men by these presents, that I, the undersigned,
Dirk Teunisen van \"echten, eldest son and administrator of my
father Teuniss Dirksen, deceased, declare that I and my brothers
Cornells and Gerrit Teunise and Sister Pietertie, wife of Myndert
Fredriksen, have sold and released to the honorable consistory of
the Nether Dutch Reformed Church of Albany a certain parcel of
ground which our father aforenamed long before this purchased
at vendue, lying in the great pasture of the aforesaid church to
the south of this city of Albany, between the place of the old fort
and the house of Pieter Bogardus, for which ground (as an ac-
knowledgment) we have received three silver punch bowls, each
of seven and a half pieces of eight and Gerrit for his fourth a
silver beaker, together thirty pieces of eight current money of this
province ; we therefore release the aforesaid ground and all further
claims which by reason of our father aforesaid we may have had
in said great pasture and fully make over the same to the behoof
of the consistory of the aforesaid church now and forever, bind-
ing ourselves as by law provided. Thus signed and sealed in
Albany, June 29, 1700.

Was signed :

Dirk Teunisen (L. S.)
Signed and sealed in the

presence of
Johannis Rosehoom, aid :
Evert Wendel, aid :
Johannis Cuyler

Recorded y^ 31*'' Dec. 1700.



DEEDS I 6/8- I 704 369

Deed from Johannes Appel, attorney of his father Adriaen Jansen
Appel van Leyden, to the Dutch Reformed Church at Albany
for a parcel of ground in the great pasture of the church to the
south of the city

[183] Know all persons by these presents that I, the under-
signed, Johannis Appel, specially empowered by my father Adriaen
Appel (otherwise Adrian Jans van Leyden), acknowledge that for
and in consideration of ten pounds, ten shillings, current money of
this province to my content received from the honorable consistory
of the Nether Dutch Reformed Church of Albany, and the further
payment herewith of the remainder of a certain obligation, due
from Jan And'". Dow to the deacon dated March 6, 1685. in the
principal sum of one hundred and eighteen gilders with the full
interest thereof, I have sold and hereby convey to the consistory
aforesaid a certain lot of ground lying in the great pasture of
the aforesaid consistory, to the south of the city of Albany, between
the place of the old fort and the house of Pieter Bogardus, in
breadth front and rear five rods and eight feet, in length fourteen
rods, according to patent of Gov. Petrus Stuyvesant of date Dec.
16, 1654, confirmed by Gov. Rich^. Nicolls of date May 22, 1667,
in which confirmation is inserted another lot of ground five rods
broad and seven rods long, and if the same lies also in the great
pasture aforesaid it is included herein, as by contract of sale of
date April .18, 1700, conveying all absolutely to the behoof of the
consistory now and forever, binding myself thereto as by law



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