Albany County (N.Y.).

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

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1 A deed from Clute to Byvanck for the same lot, dated Sept. 9, 1672,
appears in Early Records of Albany, i :5o6-7.



DEEDS 1678-1704 43

without legal proceedings, in any manner, under binding obligation
as by law provided. Done in Albany, the 15th of April 1679.

JOHANNS ClUTE

Dirck Wesselss

Corn, van Dyck Acknowledged before me,

Ro'^. Livingston, Secretary



Contract between Jacob Staets and Pieter Schuyler for the sale
of a house and lot on the First kill at Albany

[31] Appeared before me, Ro*. Livingston, secretary of Albany,
colony of Renselaerswyk and Schaenhechtady, etc., in the presence
of the hereinafter named witnesses, Jacob Staas, who declared that
he had sold and Pieter Schuyler that he had bought the seller's
house and lot with the barn and all that is thereon fast by earth
and nail, standing and lying here in Albany, adjoining northerly
the first little kill ^ and Jochem Wessells, westerly the street, south-
erly the house of W™. Loveridge, hatter, and easterly the river, in
breadth in front on the street six rods and four feet in length
on the south side thirteen rods, six feet and seven in.hes, breadth
in the rear three and twenty feet, length on the north eighteen rods,
Rhineland measure, surveyed by the sworn surveyor (geszvoore
Roymeester), with all its appurtenances, being a part of what was
described in the patent granted to Mr Jacob de Hinse by the
Honorable Governor General R: Nicolls, of date the 3d of May
1667 (excepting the lord's right) ; for the purchase of which the
buyer is obligated and promises to pay to said Jacob Staas, or
order, or his assigns, the quantity of one hundred and fifty good,
whole, merchantable beaver skins, to be paid in two instalments,
to wit, the first payment next July a just half, being seventy-five
beavers, and the second payment in July 1680 — the remaining half;



^'t Ecrste killctje. Professor Pearson here supplies the name " Rutten,"
though in a note in Early Records of Albany, i :i09, he designates the
Beaver kill as the First, and the Rutten kill as the Second kill, while in
Munsell's Annals of Albany, 2:226, the Rutten kill is called the third creek
from the Norman's kill inclusive. It seems quite certain, however, that in
this conveyance the Rutten kill is intended. Surgeon de Hinse bought the
house and lot August 20, 1662, from Jan Labatie, who received a patent for
the land on October 25, 1653. See Early Records of Albany, i :3o8. For
location of Beaver, Rutten and Fox (Vossen) creeks, see Plan of the city
of Albany, by Simeon De Witt, 1794. reproduced in Year Book of the
Holland Society of New York, for 1904; Munsell's Annals of Albany, v. 3;
and other places. See also Early Records of Albany, p. 176, where a house
and lot are described as " lying without the town of Albany, on the Third
kil [Fox creek]."



44 EARLY RECORDS OF ALBANY

the buyer shall have the power to enter, take possession of and use
the aforesaid house and lot immediately and a conveyance shall be
made on the final payment.

In witness whereof the contracting parties have subscribed this
in presence of Marte Gerritse and Johannes Provoost, called as
witnesses hereto. Done in Albany the ist of May 1679.

Jacob Staets
Marten Gertsen Pieter Schuyler

Johannes Provoost

Acknowledged before me,

Rqt. Livingston, Secretary



Deed from Sweer Teunissen van Velsen to Pieter Pietersen van
Woggelum for his farm on the Poesten kill

[32] Appeared before me, Rob*. Livingston, secretar}' of Albany,
county of Renselaerwyck and Schaenhechtady, et:., in presence of
the Honorable Mr Marten Gerritse and Mr Job : Provoost, magis-
trates of said jurisdiction, Sweer Teunise, who declared that
he grants, conveys and makes over in true, rightful and free owner-
ship to and for the behoof of Pieter Pieterse van Waggelen^ a
certain parcel of land with house and barn and all the appurte-
nances thereof, lying in the colony of Renselaerswyck close upon
the river on the east bank over against Steenen hoeck (Stone hook)
heretofore called Pocstcn Boiiiccry- where the aforesaid P'' : van
W'aggelen now dwells ; which he does by virtue of the patent to
him granted by the late Gov*". Gen^ Rich : Nicolls, of date the
13th of April 1667, to which reference is herein made, excepting
only the sawmill together with the kill on which the mill stands
and two morgens of arable land and a right of way for a wagon
to the shore along the hill, conveyed to Jan Corn. Vyselaer and
Luycas Pieterse on the 25th of June 1675 — the remainder specified
in the aforesaid patent with all rights and appurtenances thereof
are now conveyed to P"". Pieters van Waggelen aforesaid and that
free and unincumbered without any charges resting on, or issuing



1 Generally called " van Woggelum." probably after the village of that
name near Alkmaar. in the province of North Holland.

2 That is. the farm of Jan Barentsen Wemp, nicknamed Pocst (meaning
a cowherd), on the Poesten kill, in the southern part of the city of Troy.
N. Y. Sweer Teunissen van Velsen was engaged by Wemp as a farmhand
and eventually married his widow. See about this farm, Van Rensselaer
Bowier Mss, p. 755-56.



DEEDS 1678-1704 45

out of the same, saving the lord's right, and without the grantor's
making any further pretension in the least thereto, acknowledging
himself fully paid and satisfied therefor, the first penny with the
last and therefore giving plena m actionem cessam and full power
to the aforenamed P"". Pieterse van Waggelen, his heirs and suc-
cessors, or assigns to do with and dispose of the same as he could
do with his own patrimonial estate and efifects, promising to war-
rant the premises against any and all persons and free the same
from all trouble, claims, and incumbrances as is right and never
more to do nor cause anything to be done contrary hereto, either
with or without judicial proceedings, in any manner, under binding
obligation as by law provided. Done in Albany, the 6th of May
1679.

SWEER ThOONUSSEN VAN VeLSEN

Marten Gertsen

Johannes Provoost Acknowledged before, me,

Ro'^. Livingston, Secretary

Deed from Capt. Johannes Clute to Jan Jansen Ouderkerk for a

lot in Albany

[33] Appeared before me, Ro^ Livingston, secretary of Albany,
colony of Renselaerswyk and Schaenhechtady and in presence of the
Honorable Mr Marte Gerritse and Mr Johannes Provoost, magis-
trates of said jurisdiction, Capt. Johan Cloete, who declared that
he grants, conveys and makes over in true, rightful and free
ownership to and for the behoof of Jan Janse Ouderkerk, cooper,
a certain lot lying here in Albany, where his cooper's shop now
stands, lying between the house of Antony Lespinard and Gerrit
van Schayck, in breadth 14 feet and eight inches^ Rhineland meas-
ure front and rear, and in length six rods and one foot, all Rhine-
land measure, which the grantor does by virtue of a patent to him
granted by the Honorable Rich : Nicolls, late governor, of date the
ist of April 1667,2 being a part of the lot mentioned in the afore-
said patent, to which reference is herein made, and that free and
unincumbered, without any charges thereon or [rents] issuing out
of the same (saving the lord's right) and without the grantor's
making any further claim in the least thereto, acknowledging him-
self fully paid and satisfied therefor, the first penny with the last,



1 In the margin was written : " N.B. But it is to be noted that Antho.
Lespineerd has taken in half of the 8 inches, which he must surrender."

2 See note to next document.



46 EARLY RECORDS OF ALBANY

and therefore giving plcnam actionem cessani and full power to
the aforenamed Jan Janse Ouderkerk, his heirs and successors
or assigns, to do with and dispose of the same as he might do with
his own patrimonial estate and effects, promising to warrant the
premises against any and all persons and to free the same from all
trouble, claims and incumbrances as is right and nevermore to
do nor cause anything to be done contrary hereto, either with or
without legal proceedings, in any manner, under binding obligation
as by law provided. Done in Albany, on the 6th of May 1679.

JOHANNS ClUTE

Marten Gertsen
Johannes Provoost

Acknowledged before me,

RO^. Livingston, Secretary

Deed from Capt. Johannes Clute to Ludovicus Cobes for a house
and lot on Jonker street in Albany

[34] Appeared before me, Ro'. Livingston, secretary of Albany,
colony of Renselaerswyk and Schaenhechtady, etc., in presence of
the Honorable Air Marte Gerritse and I\Ir Johanness Provoost,
magistrates of said jurisdiction, Capt. Jan Cloete, who declared
that he grants, conveys and makes over in true, rightful and free
ownership to and for the behoof of Ludovicus Cobes a certain
house and lot, standing and lying here in Albany on the Jonker
street, adjoining southerly the street, westerly Hieronimus Wend-
ell, easterly Jan Janse Ouderkerk and northerly Tim°. Cooper,^ in



1 The description in this deed furnishes an illustration of the ambiguity
of language in many of the Dutch convej'ances which makes it difficult to
determine the exact location of the property even where, as in this instance,
a definite landmark such as a street or creek is named in the instrument.
The Dutch description of the property conveyed by this deed from Johannes
Clute to Ludovicus Cobes reads as follows: sckcr hnys & Ervc staende &
geleegen alhier in Alb: op den Jonkerstraet belendende ten suyden de straet
ten iL'estcn Hieronimus Wendell Ten oostcn Jan Janse Ouderkerk, ten noorden
Tim°. Cooper, which appears to be correctly translated as above and to place
the property definitely on the north side of Jonker, now State street. Yet, if
we examine the patent to Clute of April i, 1667, referred to in the deed,
we find the following: "A Patent graunted upon a Transport made by
Adrian Garritsen (as Attorney of Dirck Jansen Kroon) unto Jan Cloet,
upon the 12" day of November 1664, for a certaine House and Lott of
Ground in Beverwyck at Albanj-, near the Hills, having the Streete to the
North, to the South Jan Hendrick's van Baels, to the East, Jan Tomassen's,
and to the west, Wouter Albertsen's, containing all the Ground as it lyes
within the flFence, &c. The Patent beares date the i^' day of April 1667.
R. Nicolls." That this patent really relates to the same property as that
described in the deed given above, in spite of the fact that the lot is spoken
of as " having the Streete to the north," is shown by an examination of the



DEEDS 1 6/8-1 704 47

breadth in front on the street three rods and two inches and in
length five rods and nine feet, Rhineland measure, in breadth in
the rear Hkewise three rods and two in.hes, which the grantor
does by virtue of a patent to him granted by the Honorable Gov-
ernor General Rich: Nicolls, of date the ist of April 1667, being the
remainder of what was described in the aforesaid patent, Jan Janse
Ouderkerk possessing the residue, and that free and unincum-
bered, without any charges thereon or issuing out of the same
(saving the lord's right) and without the grantor's making any
further pretension in the least thereto, acknowledging himself fully
paid and satisfied therefor, the first penny with the last and there-
fore giving plenam actionem cessaui and full power to the afore-
named Ludovicus Cobes, his heirs and su:cessors, or assigns to do
with and dispose of the same as he might do with his own



deeds from the magistrates to Sander Leendertsen Glen, from Glen to Adriaen
Gerritsen, and from Adriaen Gerritsen to Johannes Clute in Early Records
of Albany, i '.392, 336, 391, 63 (in all of which the property is described
as adjoining to the north, or being bounded on the north by, the street,
in conformity with the patent just cited) and furthermore of the deeds
from Johannes Clute to Ludovicus Cobes, from Cobes to Jeronimus Wendell,
from Jan Thomase to Cornelis Steenwj'ck, from Sander Leendertsen Glen
to Jan Hendricksen van Bael, and from van Bael to Timothy Cooper, in
Deeds, 3:34, 35, and Early Records of Albany, 1:143, 185-86, 358, 127.
Turning now to the original text of the deed from Adriaen Gerritsen to
Johannes Clute, if Nov. 1664, in Deeds, i :i6q, which is referred to in the
patent to Johannes Clute, we find this description : Belent ten noorden de
straet, ten siiyden Jan Hendricksz van Bael, ten oosten Jan Toniassen, ten
westen Woiitcr Albertsen, which agrees with the translation in the patent
to Johannes Clute and with that of the deed itself in Early Records of
Albany, i :63, hut absolutely conflicts with the description in the deed given
above from Clute to Ludovicus Cobes, unless a distinction be made between
the participles belcndende and belent, the first indicating that the lot adjoins
to the south the street, and the second that the lot is bounded by, or situated
on, the north side of the street. No such distinction, however, appears to
have been observed in the deeds and it certainly has not been recognized
in the confirmatory patents issued by the early English governors. As a
result there is in many cases uncertainty as to the relative location of adjoin-
ing pieces of property, which should be constantly borne in mind in using
the present translations and the early English patents in connection with
searches regarding the title to real estate. That in this case the property
was actually located on the north side of State street is proved by the above-
mentioned deed from Jan Thomase to Cornelis Steenwyck, June 14, 1678,
for the corner lot to the west of the property conveyed by Clute, in which
this corner lot is described as being brecdt voor aen de straet ten suyden
twee Rocden ses voet & twee diiym . . . is lang . . . ten westen aen d'
straet vyff Roeden & negcn voet. This admits of but one interpretation,
namely, that the lot was bounded south and west by the streets. Professor
Pearson, in his diagrams of the lots on State street, north side, between
North Pearl and James (Munsell's Collections, 4:189), places the lot con-
veyed to Steenwyck on the northeast corner of Pearl and State streets.
It may be added that Jan Thomassen who deeded the property to Steenwyck
was not Jan Thomassen Mingael, as given by Professor Pearson, but Jan
Thomassen from Wittbek, as shown by comparison of his signature with
that to Notarial Papers, 2:103-5.



48 EARLY RECORDS OF ALBANY

patrimonial estate and effects, promising to warrant and defend the
same against all persons whatsoever, from all trouble, claims and
incumbrances as is right and nevermore to do nor cause anything
to be done contrary hereto, in any manner, under binding obliga-
tion as by law provided.

Done in Albany, the 8th of May 1679.

JOHANNS ClUTE

Marten Gcrtscn
Johannes Provoost

Acknowledged before me,

Ro'^. Livingston, Secretary



Deed from Ludovicus Cobes to Jeronimus Wendel for a lot on

Jonker street in Albany

[35] Appeared before me, Ro*. Livingston, secretary of Albany,
colony of Renselaerswyk and Schaenhechtady, etc., in presence of
the Honorable Mr ]Marte Gerritse and Mr Johannes Provost,
magistrates of said jurisdiction, Ludovicus Cobes, who declared
that he grants, conveys and makes over in true, rightful and free
ownership to and for the behoof of Jeronimus \\'endell a certain
lot lying here in Albany on Jonker street, whereon Jeronimus'
house stands, adjoining westerly ]\Ir Corn: Steenwyk, easterly tha
grantor, southerly the street and northerly Tim°. Cooper, in breadth
in front on the street seventeen feet and five inches and in the
rear the same, and in length five rods and nine feet, all Rhineland
measure, and in like manner the use of a common alley, 3^ feet
wide and thirty feet in length, between the houses of Pieter Schuy-
ler and him, Jeronimus Wendel with the understanding that he
may have a gate, back of the 30 feet, of 3^ feet in width, opening
out upon the common alley; which the grantor does by virtue of a
conveyance to him made by Jan Cloete on the 8th of this month
of a house and lot, whereof this lot is a part, and that free and
unincumbered without any charges on, or issuing out of the same
(saving the lord's right) and without the grantors making any
further pretension in the least thereto, acknowledging himself
fully paid and satisfied therefor, the first penny with the last, and
giving plcnam actionem cessam and full power to the aforenamed
Jeronimus Wendell, his heirs and successors, or assigns to do with
and dispose of the same as he might do with his own patrimonial
estate and eftects, promising to warrant the premises against any



DEEDS 1678-I704 49



and all persons and to free the same from all trouble, claims and in-
cumbrances as is right and nevermore to do nor cause anything
to be done contrary hereto, in any manner, binding himself thereto
as by law provided.

Done in Albany the 9th of May 1679.

LUDOVICUS COEES

Marten Gertsen
Johannes Provoost

Acknowledged before me,

Ro'^. Livingston, Secretary

Contract between Capt, Thomas de Lavall and Juriaen Teunis-
sen Tappen for the sale of a house and lot in Albany

[36] On this 17th of May 1679 appeared before me, Ro'. Liv-
ingston, secretary of Albany, colony of Renselaerswyck and
Schaenhechtady, etc., and before the underwritten witnesses, Capt.
Thomas de La Vail of the one side and Jurian Teunise Tappen of
the other side, who hereby acknowledge that in all love and friend-
ship they have agreed in manner following, namely Capt. de La
Vail acknowledges that he has sold and Jurian Teunise that he
has bought of him a certain house and lot, standing and lying
here in Albany, being the first house on the west side within the
south gate of Albany, at present occupied by Aernout Corn: Viele,
and the seller promises the same to deliver to the buyer or to his
order, now, immediately, just as it was delivered to him by said
Jurian Teunise, who now accepts the same as it lies inclosed, ex-
cepting an alley on the south side along the town stockade, and that
free and unincumbered (saving the lord's right), for which the
buyer promises to pay to the seller or his order one hundred and
eighty good, while, merchantable beaver skins, to wit, one hundred
and twenty good beavers together with a good black beaver
within one month after delivery and the remaining sixty beavers
within one year in beavers, wheat, peas, or boards at current rates
at the time of payment, at the option of the buyer, and on the
final payment the seller shall deliver to the buyer a good and suf-
ficient deed (in the meantime said house is specially engaged
to Mr Lavall until the time of the last payment as a special mort-
gage or security), hereto binding their persons and estates, real and
personal, present and future, nothing excepted, and subject to all
lords, magistrates, courts, and judges. In confirmation of which

4



50 EARLY RECORDS OF ALBANY

they have [subscribed] these without fraud or deceit in presence
of Capt. Silv : Salisbury and Rich : Pretty, called as witnesses
hereto. Done in Albany datui>i iit supra.

The words in the margin were written before the signing hereof.^

Tug: De Lavall
Silv: Salisbury Jure Jan Tunsen

Richard Pretty

In my presence,

Ro^. LnixGSTON, Secretary

Deed from Pieter Bogardus, as attorney for Jonas Bogardus, to
Wouter Albertsen van den Uythoff for a lot in Albany

[37] Appeared before me, Ro*. Livingston, secretary of Albany,
colony of Renselaersw^'^k and Schaenhechtady, in presence of the
Honorable Mr And^ Teller and Mr Corn : van Dyk, magistrates of
said jurisdiction, Pieter Bogardus,^ in capacity also as attorney of
Jonas Bogardus, who declared that he conveyed and made over to
and for the behoof of A\'outer Albertse van den Uthoff, a certain
part of a lot lying herein in Albany between the houses of Dirk Wes-
sells and said Wouter Albertse. on which the new house of Antony
Lespinard now^ stands, in length and breadth as it lies impaled
(saving the lord's right) and that Mr W'essels's house remain drip
free, which the grantor does by virtue of a patent granted to his
mother Annetie Borgardus by the late Governor General Rich :
Nicols, of date of the loth of Jul_\- 1667,-'' whereof this lot is a part,
and that free and unincumbered, without any charges on, or issuing
out of the same (saving the lord's right) and without the grantor's
making any further claim in the least to the same, acknowledging
himself fully paid and satisfied therefor, the first penny with the last
and therefore giving plenam actionem cessam and full power to the



1 This refers to the words which in the printed text are inclosed in
parentheses.

2 For account of Pieter Bogardus, see Early Records of Albany, i -.g-j, note.
June 5. 1683, he obtained letters of administration on the estate of his wife's
stepfather, Juriaen Jansen Groenwout, who had died shortly before that
date. See Proceedings of Justices of the Peace, 1680-85, p. 414.

3 On this date a confirmatory patent was issued to the heirs of Annetie
Bogardus " for a certaine Lott of ground lying neare y« Fort at Albany
hauing to y^ north a Lott lying in Comon to y* west Martin Herpertsens
to y^ South >■* waggon way & to y« East a Comon path way conteining in
length six Rod lying vpon a square, .A.s also a garden lying thereby on y^
South side of Dirrick Jansens & on y« north side of Albert Gerrits being
in length seauen & in breadth fiue Rod, \\'^^ said Patent or Groundbreife
so graunted as aforesaid beares date y^ 23^^ day of Aprill 1652."



DEEDS 1678-I704 51

aforenamed Wouter Albertse van den Uthoff, his heirs and suc-
cessors, or assigns to do with and dispose of the same as he might
do with his own patrimonial estate and effects, promising to war-
rant and defend the same against all persons from all lawful
claims, demands and incumbrances and neither to do nor suffer any-
thing to be done contrary hereto in any manner either by or with-
out resorting to law, binding himself thereto as by law provided.
Done in Albany, the 6th of June 1679.

PlETER BOGARDUS

A. Teller
Cornells van Dyck



Deed from Wouter Albertsen van den Uythoff to Anthony Les-
pinard for a house and lot on Jonker street in Albany

[38] Appeared before me, Ro*. Livingston, secretary of Albany,
colony of Renselaerswyck and Schaenhectady, etc., in presence of
the Honorable Mr And^ Teller and ]\Ir Dirk Wessells, magistrates
of said jurisdiction, Wouter Albertse van den Uthoff, who declared
that he grants, conveys and makes over in true, rightful and free
ownership to and for the behoof of Anth°. Lespinard, baker, a
certain house and lot standing and lying here in Albany on Jonker
street, adjoining eastwardly his, Antho[ny']s, new house, west-
wardly Jan Janse Ouderkerk, southerly the street and northwardly
Mr Tim°. Cooper, being in length eastwardly six rods, three feet,
in breadth in front on the street one rod, six feet, eight inches, as
long on the west as on the east and in breadth to the north one
rod, seven feet and eight inches ; likewise Wouter Albertse con-
veys to Anth°. Le[s]pinard a lot lying here in Albany next to the
aforesaid house and lot whereupon the aforesaid Anthony's new
house now stands, in length and breadth as it now lies impaled (ex-
cepting the lord's right), provided that Mr W^essells's house remain
drip free, which first house and lot the grantor conveys by virtue of
a patent to him granted by the late Governor General Rich*^. Nicolls
under date of the ist of May 1667,^ and the last lot by virtue of a
conveyance to him given by P"". Bogardus under date of the 6th
of June 1679, whereto reference is herein made, and that free and
uninrumbered, without any charges on, or issuing out of the same



1 This patent was granted upon a transport made by David Pietersen
Schuyler to Wouter Albertsen van den Uythoff, dated the loth of Septem-
ber 1665, for which see Early Records of Albany, i : 392-93, where the date
is given as " the first day of September, 1665, ofd style."



^2 EARLY RECORDS OF AI.r.AXV

(save the lord's right) and without the grantor's making any
further pretension in the least thereto, acknowledging himself fully
paid and satisfied therefor, the first penny with the last, and there-
fore giving plciiajii actionon ccssain and full power to do with and
dispose of the aforesaid house and two lots as he Anthony Les-
[)inar(l might do with his own patrimonial estate and effects, prom-
ising to warrant and defend the same against all persons whatso-
ever from all trouble, claims, and incumbrances as is right and
nevermore to do nor cause anything to be done contrary hereto,



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