Fourthly, All the rest residue and remainder of all my lands and tenements and
of my Estate real as well as personal I will order and direct shall be
equally divided into two parts or moieties and if the lands cannot be so
divided that the same be sold as hereafter directed and the product thereof be
divided. One of which said moieties or parts of the Said rest residue and
remainder of all my said lands and tenements and of my Said state real as well
as personal. I do from motives of justice and of my former attachment to my
late and truly beloved wife Lena and in conformity to a verbal agreement made
with her in our adversity and confirmed with her in our prosperity give and
devise and bequeath to her brother's children and to her sister and to such of
her sister's children as are herein after particularly named in the proportion
and manner following that is to say to Catharine Lansing, Mary Bridgen, and
Jeremiah Van Rensselaer Ten Eyck - three children of Abraham & Anna Ten Eyck
each one twenty-six part of said moiety of the rest residue and remainder of
my said Estate real as well as personal. Also to Lena Ten Eyck, their other
daughter, two twenty-six parts thereof. Also to Gerrit Lansing Junior, Mary
Meir, Jane Lansing, & Lena Lansing the children of the late Jacob G. Lansing
and Phebe Lansing deceased, seven twenty-sixth parts thereof to be equally
divided between them. Also to Ann Palmer, Elsie Woodruff, Samuel Woodruff ,
Jacob Lansing Woodruff, and Mary Woodruff, children of Hunloke and Mary
Woodruff, each one twenty-sixth part thereof. Also to Lena Woodruff, their
other daughter, two twenty-sixth part thereof. Also to Margaret Lansing,
Elizabeth Lansing, and Jacob Lansing, children of Jacob J Lansing deceased each
one twenty-sixth part thereof And also to Elsie Lansing wife of Abraham A.
Lansing four twenty-sixth parts thereof to be enjoyed by her separately and
exempt from the contract of her said husband. And for that purpose I appoint
John Lansing Junior esquire to receive and place the same at interest for her
use during the joint lives of herself & her husband and to pay the interest
thereof annually to her. And after her death, I will that the same be paid to
such person or persons as she shall appoint by writing under her own hand
notwithstanding her covertures and to his her and their use for ever. They
have and to hold the several and respective parts or shares herein
designated of said moiety of all the rest residue and remainder aforesaid of
all my said lands and tenements and of my said Estate both real and personal
unto each and every of the several and respective persons herein before named
as devised and their and each of heirs executors administrators and assigns
for ever. Subject nevertheless to the payment of one hundred and twenty five
dollars to Lena Luther daughter of John and Elizabeth Luther within one year
after my decease and the same moiety above said is hereby expressly charged
therewith for its payment. The other of the said moieties of all the rest
and residue and remainder of all my said lands and Testaments and of my Estate
both real and personal; I give devise and bequeath unto my sister Margaret
Nicoll six Twenty fourth parts of the said other or last mentioned moiety of
all the rest residue and remainder of my said lands and tenements and of my
said estate both real and personal. Also to the heirs of my late sister
Catharine Wendell six twenty fourth parts thereof to be equally divided
between them. Also to my brother Peter Van Rensselaer six twenty fourth parts
thereof.
Also to the children of my brother Killian Van Rensselaer named Elizabeth
Elmendorf, Alida Van Kleeck, Mary Margaret, Agnes, and Henry each one twenty
fourth part of said last mentioned moiety of all the rest residue and
remainder of all my lands and tenements and of my Estate both real and
personal above said. To have and to hold the said several and respective
parts portions or shares herein last designated of the said last mentioned
moiety of all the rest residue and remainder of all my said lands and
tenements and of my said estate both real and personal unto each and every of
the several and respective persons herein before last named as devises and to
their and each of their heirs executors administrators and assigns for ever.
Fifthly, It is also my will and desire and I do hereby order and direct that my
negro slave named Pere be manumitted and emancipated when he shall
respectively have attained to the age of twenty five years Said negro slave
Pere was born on the seventeenth day of February one thousand seven hundred
and ninety three - I do also manumit my negro woman named Bett and it is my
express will order and desire that she shall be humanely provided for yearly
out of my personal Estate during her life time and if possible that she remain
with some one of the family and for such prevision and maintenance I will
order and direct that my Executors do and shall retain in their hands before
any division or distribution of my personal Estate is or shall be made a
sufficient sum thereof not exceeding two hundred and fifty dollars as a
fund given and set apart for that use the interest whereof to be applied foe
her maintenance and something more if need require it.
Sixthly, It is also my will and desire that the children of the late Phebe Lansing deceased have the use and occupation of my dwelling house free of any rent for and during one year from the first day of May next after my decease.
Lastly, I do nominate and appoint Peter Edmund Elmendorf, Peter Dw. Beekman, & Gerrit Lansing Junior to be the Executors of this my Last Will and Testament with full power and
authority to grant sell divide and convey absolutely in fee simple all or any
part of my said land tenements & hereditaments for such price or sum of money
and to such person or persons as shall be deemed by them to be most
advantageous for my residuary devises and to execute and deliver good and
sufficient deeds as my Executors therefor. And as a compensation for their
services as my Executors I give and bequeath unto each of them two hundred and
fifty dollars together with the further sum of not exceeding four per cent as
a commission to be equally divided among the said executors on the amount of
the distribution of my whole estate aforesaid exclusive of all expenses what
ever. A division or settlement of all my said estate is to be made if possible
within one year after my decease and they are hereby authorized and directed
to retain in their hands the amount of their said compensation above mentioned.
In Witness whereof I have hereunto set my hand and Seal this twenty-eight day
of July in the year of our Lord one thousand eight hundred and seven.
Jer V. Rensselaer (LS)
Signed Sealed published and declared by the above named Jeremiah Van
Rensselaer as and for his last will and Testament in the presence of us who
have Subscribed our names as witnesses thereto in his presence and in the
presence of each other-
Note the words "be paid" enterlined on the Second page was done before
signing. Geo. Pearson, Samuel Dexter, Thomas Mather
Whereas I Jeremiah Van Rensselaer of the city of Albany in the county of Albany and state of New York have made my last will and testament in writing bearing date the twenty eight day of July in the year of our Lord one thousand eight hundred and seven. Now I do by this my writing which I hereby declare to be a codicil to my said last will and testament confirm and ratify my said last will and testament and every clause bequest and devise therein contained. And whereas John C. Hartwick did in and by his last will and testament constitute and appoint Frederick Augustus Mahlenburgh together with myself Executors of his last will and testament as by the said Last will and Testament or the record thereof will appear. And whereas the said Frederick Augustus Muhlenburgh has since his appointment as aforesaid departed this life whereby the right to the Execution of the said will has devised to me. Now I the said Jeremiah Van Rensselaer do by this codicil to my Last will and
Testament nominate constitute and appoint John G. Knauff of the city of Albany
a practitioner of Physic to be my successor as Executor to the last will and
testament of the said John C. Hartwick hereby giving to him such powers
authority and privileges as Executor to the said will as I of right can or may
do he the said John G. Knauff conducting and relating himself as Executor as
afore said according to the true intent and meaning of the last will and
Testament of the said John C. Hartwick. And it is my desire that this my
present codicil be annexed to and made part of my last will and testament
to all intents and purpose. In witness whereof I have hereunto set my hand
and seal this sixteenth day of July in the year of our Lord one thousand eight
hundred and eight. Jer. V. Rensselaer (SS)
Signed Sealed published & declared by the above named Jeremiah Van Rensselaer
as a codicil to be annexed to his last will and testament in the presence of
Peter Dw. Beekman, Gerrit Lansing Jun'r, Nicholas D. Kittle
Albany County SS. Be it remembered that on the twenty third day of February
in the year of our Lord one thousand eight hundred and ten personally appeared
before me Elish Dorr Surrogate of the County of Albany Samuel Dexter and
George Pearson who being duly sworn on their oaths declared that they saw
Jeremiah Van Rensselaer late of the City of Albany deceased sign and seal the
instrument wrote on this sheet of paper purporting to be the last will and
testament of the said deceased that at the time thereof he was of sound
disposing mind memory and understanding to the best knowledge and belief of
them the said deponents that their names was subscribed thereto as witnesses
in the presence of the testator and is their own proper hand writing and
likewise Samuel Dexter one of the aforesaid deponents futher saith that
according to the best of his knowledge and belief he saw Thomas C. Mather the
other witness thereto subscribe his name in the presence of the Testator.
Albany County SS Be it remembered that on the twenty third day of February in
the year of our Lord one thousand eight hundred and ten personally appeared
before me Elisha Dorr Surrogate of the county of Albany Peter Dw. Beekman and
Gerrit Lansing Jun'r who being duly sworn on their oaths declared that they
Jeremiah Van Rensselaer late of the city of Albany deceased sign and seal the
instrument wrote on this sheet of paper purporting to be a codicil to the last
will and testament of the said deceased that at the time thereof he was of
sound disposing mind memory and understanding according to the best knowledge
and belief of them the said deponents that their names was subscribed thereto
as witnesses in the presence of the Testator and is of their own proper hand
writing and likewise the aforesaid Peter Dw. Beekman further saith that he saw
Nicholas D. Kittle the other witness thereto subscribe his name in the
presence of the Testator. And further Gerrit Lansing Jun'r one of the
aforesaid deponents further saith that at the time of executing the same the
Testator published and declared the aforesaid instrument as and for a codicil
to his last will and Testament. Elisha Dorr
Be it also remembered that on the day and year last aforesaid personally
appeared before me the aforesaid Surrogate Peter Edmund Elmendorf Peter Dw
Beekman and Gerrit Lansing Junior the Executor in the said will named and were
likewise duly qualified to the faithful performance and execution of the said
will by taking the usual oath on such case made and provided.
Elisha Dorr
The People of the State of New York by the grace of God free and Independent.
To all whom these presents shall come or may concern Send greetings Know Ye
that at the city of Albany in the county of Albany on the twenty third day of
February in the year of our Lord one thousand eight hundred and ten before me
Elisha Dorr Surrogate of our said county the last Will and Testament of
Jeremiah Van Rensselaer deceased (a copy whereof is hereto annexed) was proved
and is now approved and allowed of by us and the said deceased having whilst
he lived and at the time of his death goods chattles (sic) or credits within
this state by means whereof the proving and registering the said will and
granting administration of all and singular the said goods chattles (sic) and
credits of said deceased and any way concerning his Will is granted unto Peter
Edmund Elmendorf Peter Dw. Beekman and Gerrit Lansing Junior executors in the
said will named they being first duly sworn will and faithfully to administer
the same and to make and exhibit a true and perfect Inventory of all and
singular the said goods chattles (sic) and credits and also to render a just
and true account thereof when thereunto required. In Testimony whereof we
have caused the seal of office of said Surrogate to be hereunto affixed
Witness Eliash Dorr Esq. Surrogate of the said County at Albany aforesaid the
fifth day of March in the year of our Lord one thousand eight hundred and ten
and of our Independence the thirty fourth.
Eliash Dorr.
And be it further remembered that on the twenty fourth day of the month and
year last aforesaid personally appeared before me the aforesaid Surrogate
John G. Knauff the executor in the said codicil named and was likewise duly
qualified to the faithful perform and execution of the Last Will and Testament
of John C. Hartwick in the said codicil named by taking the usual oath of an
Executor. Elisha Dorr
notes
Will dated July 28, 1807. Codicil dated July 16, 1808. Probated February 23, 1810. Copied from Albany Co NY Will Book, Vol. 4 page 54. Posted online in 2004 by Rootsweb at: wills and submitted by Leigh Jones.
Some paragraphing and punctuation supplied.
"Lena": his second wife Lena Lansing - married in 1764. She died in July 1795.
Transformed by SB
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