"In the name of God, Amen. On the fourth day of February in the first year of the reign of our sovereign King George, of Great Britain, &. and in the year of our Lord one thousand seven hundred fourteen and fifteen. I, Dirck Wesselez Ten Broeck, late of Albany, now of the manor of Livingston in Dutches county, being sound in body having perfect possession and use of my understanding, memory and faculties, but considering the shortness and frailty of human life, the certainty of death and the uncertainty of the hour thereof, have after careful consideration, of my won motion, without the inducement, persuasion or misleading of anyone, made, ordained and determined this my last will and testament, revoking, canceling and annulling hereby all and every testament heretofore made and executed by me and desiring that this alone be taken as my last will and testament, in form and manner following:
First, I commend my immortal soul when it shall depart from my body to the gracious and merciful hands of God my Creator and Savior and my body to the earth whence it came, in Christian burial, there to remain until my soul shall be reunited to the body upon the joyful day of resurrection, to be made partaker of that insatiable joy of our salvation which God of his grace through the merit of Jesus Christ has prepared and promised for all who have true penitence and faith in him.
First. Respecting such temporal goods as the Lord, above my deserts, has pleased to grant me, I give and dispose of the same in manner following:
Second. I give to my oldest son Wessel Ten Broeck for his birth right as my first son the sum of three pounds current money of New York, who I desire shall make no further claim to any part of my estate, save an equal portion with his sisters and brothers as is hereinafter expressed.
Third. Furthermore it s my will and desire that after my death my just debts to any and all persons shall in due time be paid by my heirs.
Fourth. I appoint my well-beloved wife Christyna Wesselz Ten Broeck after my death as executrix and administration of my whole estate, as well movable as immovable, lands, houses, lots, obligations, claims, rents, gold and silver coined and uncoined, jewels, clothing both linen and woolen, horses, cattle, Negroes, negroeses and other property, nothing whatsoever expected or reserved from my whole estate, as well here in this country, in England, Holland or elsewhere, wherever they may be situated or be found, to administer thereon without interference or contradiction of my children or anyone else, or without being held to give any inventory or accounting during the time of her widowhood, but on the express condition that she shall not have power to sell, alienate or dispose of my real or immovable estate wherever it may lie, as lands, houses, lots, and rents, but shall only receive the usufruct and yearly income thereof during her widowhood; but if she marry again, she shall be holden before she enter into the marriage state an inventory of my whole estate to deliver to my sons, to wit; Wessell Ten Broeck, Samuel Ten Broeck, Johannes Ten Broeck and Tobias Ten Broeck, whom I appoint as executors of my whole estate, as well movable as immovable, to administer upon the same, which administrators shall be holden to pay my said wife a third of the yearly income during her life; the other two thirds, after all the expenses incurred shall have been deducted, it is my will shall be equally divided yearly among my eleven children or their heirs, namely: Wessel Ten Broeck; Elsje Ten Broeck, wife of Johannes Cuyler; Catatyntje Ten Broeck, wife of Johannes Lissjer; Cornelia Ten Broeck, wife of Johannes Wynkook," Geertruy Ten Broeck, wife of Abraham Schuyler; Christyna Ten Broeck, wife of Johannes Van Alen; Elizabeth Ten Broeck; wife of Antony Costers; Lidia Ten Broeck, wife of Volkert Van Vechten; Samuel Ten Broeck; Johannes Ten Broeck; Tobias Ten Broeck; to each a just eleventh part.
Fifth. After my wife's death, I give and bequeath to my eldest son Wessell Ten Broeck two-thirds of all my lands lying in Sarachtoge, in the county of Albany, and the other third part of said lands I give and bequeath to my daughter Geertruy Schuylers, wife of Abraham Schuylaer, which lands aforenamed are a just seventh part of the whole of Sarachotoge according to patent in company with Col. Peter Schuyler and others; which I give to my aforenamed eldest son and daughter Geertruy, as aforewritten, to wit, two-thirds for the aforenamed Wessel and his heirs forever, provided that such shall serve in payment and satisfaction of the aforenamed Wessel's portion of the inheritance of my estate to the amount of one hundred and twenty-five pounds New York currency, likewise to my daughter Geertury aforenamed to just third part f the land aforesaid in payment of the sum of seventy-five pounds like currency of New York, to be deducted from her inheritance which aforesaid third part I give to her and her heirs for the aforesaid sum forever after my wife's death.
Sixth. Furthermore, I give to my sons Samuel Ten Broeck and Tobias Ten Broeck all my lands in the aforesaid manor of Livengstoen according to conveyance to me given by Mr. Robbert Livingstoen, to be divided in two equal parts, whereof my son Tobias shall have the choice of one half and the other half for my said son Samuel, for them and their respective heirs forever, besides which I give to my two sons Samuel and Tobias aforewritten four horses, four cows, four sheep, four hogs, one of my negroes my farm, for which I will that my sons pay to the aforenamed executors each a sum of one hundred and ninety pounds New York money, being together three hundred and eighty pounds, provided that each of the two shall have liberty to deduct from the aforenamed sum in his full portion of the inheritance of my whole estate, that is to say if their inheritance does not amount to so much as this aforenamed sum, than they must pay up and turn over the deficiency to my administrators, but if their inheritance comes to more then they shall be paid out of the estate, but the shall not lay claim to the bequeathed land before my aforesaid wife's death, when they shall receive the lands with house, barn, ricks, farm and all rights therein forever.
Seventh. After my wife's death I give to my son Johannis Ten Broeck my two houses and lot lying in the city of Albany, on the north side of the Hounker stract, on the west side of the Gangh strtaet, on the east side of the house and lot of Antony Coster and the south of said Coster, according to conveyance thereof for him and his heirs forever; also I give the said Johannis all my right in lands lying on the east of Hudson's river, on a kill called Kinderhoeck kill, that now remain unsold, according to patent of Sir Edmond Andros and Col. Thomas Dongan,, for him and for his heirs and assigns forever, for which houses and lot and rights of lands upon the Kinderhoek kill, valued by me at two hundred pounds current money of New York, it is my will that he shall reimburse the estate to the same amount, on condition that he may deduct therefrom as much s the eleventh part of the whole estate shall come to my other heirs, but if his part amounts to more, the balance is to be turned over to him by the administrators.
Eighth. It is my will and desire that all my other lands, houses and lots, save what I have hereinbefore bequeathed at the prices stipulated to my aforementioned sons and daughter Geertruy, wherever they may situated and to which I have lawful title, with all my negroes,, negresses, cattle and other goods of whatsoever nature, found after my and my aforenamed wife's death I give to my aforenamed eleven children to sold to each other, and the entire sum together and divided equally among my aforenamed eleven children, with the understanding that my said sons and daughter Geertruy of the appraised valuation of their lands shall pay no more than the amount in excess of the eleventh part of my whole estate.
Ninth. It is further my will and desire that none of my real estate shall be sold to a stranger, but shall always remain in my family.
Tenth. It is my will and desires that Christina Legget whenever she shall come to marry shall have a proper outfit. All the foregoing conditions I declare to be my last will and testament, desiring that the same shall have full force and effect in all respects. Thus done and concluded on my farm in Dutches county in the manor of Livingstoen and subscribed and sealed with my own hand in the year 1714/15 the fourth day of February.
Will dated February 4, 1715. Witnesses, Jan Vosburgh, William Scott, Peter Vosburgh." Proved on February 6, 1718. Printed in Early Records of Albany volume 4, p. 159. The will is also considered in Ten Broeck Genealogy, pp. 29-34.
Transformed by JP
first posted: 2/10/02; last revised 12/19/05