Will of Jan Van Ness - 1708

The nine and Twintieth day of march in Seventh year of th[e] Reign of our Souveraign Lady Anne by the grace of god of Grea[t] Brittan Queen Defendr of the faith &ac - I John van Nesse of the half moon in the County of albany yeoman being of heal[th] and Perfect Memory (thanks be to almighty god for the same) and Calling to minde the uncertain state of this Transitory Life and that all flesh on Earth must yeild unto Death, when it shall please god to call, and being desyreous to Setle things in order, doe make this my Last will and Testament in manner and form following, Revoakeing and absolutely annulling by these Presents all and Every Testament or Testaments will and wills, heretofore by me made and Declared, Either by word or by writteing notwithstanding any Promise to the Contrary or [Clace?] Derogatory in the same and this to be taken only for my Last will and Testament and none other First I bequeave my Soul to almighty god my maker and to Jesus Christ my Redeemer and to the holy Ghost my Santifyer and my body to the Earth from whence it came to be buried in a decent and Christian manner there to Rest., untill my Soul and body shall meat again and be joyned together at the joyfull Resurrection and be made Partakers of the never fadeing joys of immortallity which god in mercy throug the meritts of Jesus Christ allone hath Promised and Prepared for all those that Truely and unfeignedly Repent and Believe in him and Touching such Temporall Estate of goods Rights Chattells, and Debts as the Lord hath been pleased farr above my deserts to bestow upon me I doe order give bequeave and Dispose the same in manner and form following

I do give and bequeave unto my Eldest sonn Cornelis van Nesse the Sume of Twelve pounds Currant money of newyorke in Right of primo ginitore and that he shall be Satisfyed with Such Legacyes as hereafter shall be bequeaved unto him

2dly I doe give and bequeave unto my well beloved wife Aeltie Van Nesse all and Singular my Real and Personall Estate of what kinde and Nature Soever to have hold and Enjoy the Same and Every of its appurtenances dureing her widowhood without any Controle of my Children or any other by their meanes or to Render any accounts thereof, with further power and Authority if the need Requires for her maintainance (and not Else) to sell allien and Convey all or any part or parcel of my said Real Estate Except my farm or bowery with the appurtenances now in my possession and occupation Scituate lyeing and being at the half moon so as the same is Released to me by the heirs of Mrs. anna Van Schaick on the 23th. of February 1705/6 which said farm or bowery and premises after my said wifes decease I doe give and bequeave unto my said Sonn Cornelis van Nesse his heirs and assign's for Ever he or they paying therefore unto my three doghters namely Mayca the wife of Isaac onderkersee Dirkje the wife of daniel Winne and hendickie the wife of Conelis Van Buere the summe of one hundred and Eighty pounds Currant money of newyorke in the Space of Six years commenceing from the daye of my said wifes decease To witt to Each doghter aforenamed or their heirs Sixty pounds to be payd tenn pounds Currt money as fores.d at the End of Each year dureing the said Six years

3dly That In case my said wife happens to Remarry then my will is that she shall yet Enjoy my whole Estate both Real and Personall but not that she shall sell or dispose any part or parcell of the Real Estate,

4thly That after my said wifes decease Then my will is that the Real and personall Estate then in being besides the farm or bowery then as above bequeaved shall Equally be divided ~ amongst my said four Children Cornelis van Nese, Mayca Dirkie and hendrickie as aforesaid and to their heirs and assigns for Ever, Each an Equall fourth part thereof the one no more then the other and In case any of my said Children happen to Decease without Leaveing Issue that then his or there part and portion shall fall to the survyveing heir and

And Lastly of this my Last will and Testament I doe hereby Nominate and appoint my said well beloved wife my sole Executrix and to pay all my debts just owing In Testimony whereof the said John Van Nesse hath hereunto sett his Hand and Seale in albany the day and year first above written Signd Sealed & Published in the presence of[:]

Jan van nes {Seal}
Robt Livingston Junior
Antony Van Schayck
Adrjien Quackenbos

Albany the 25 of Aug.st 1741. Be it Remembered that on the day and year above Written personally Appeared before me Myndert Schuyler being thereunto delegated and appointed, Anthony Van Schaick & Adrian Quakenbos, two of the Subscribing Wittnesses to the Within Written Will of Jan Van Ness, And made Oath on the holy Evanglist of Almightly god that they Saw the said Jan Van Ness Sign & Seal publish and Declare the Same to be his last Will, And that at the time there of he was of sound Disposing mind & memory to the best of there Knowledge, & Also further Declare that they Saw the other Wittness Robt Livingston Junr. Sign as Wittness to said will in the presence of the testator Myndert Schuyler



Will dated March 20, 1708. Probated [1741]

Transformed and adapted from an online posting by SB

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first posted: 5/25/10