Will of Jeremiah Van Rensselaer - 1807


In the name of God Amen I Jeremiah Van Rensselaer of the city of Albany citizen being of sound mind memory and understanding do make and declare this to be my last will and Testament thereby revoking all former wills by me made.

First, I resign my Soul to Almighty God trusting solely through the merit of our blessed Lord and Savior Jesus Christ to have a Joyful resurrection to eternal life and my body. I direct to be decently interred according to my particular instructions hereupon to be given

Secondly, I will order and direct that all my just debts funeral charges and Legacies hereafter bequeathed to be paid in the first place.

Thirdly, I will and order that two certain notes of hand executed by my father and myself to Francis Nicoll be paid and discharged out of such part of my real Estate lands and tenements as was devised to me by my father in and by his Last Will and Testament and if any balance shall remain after a sale thereof and payment made of the said notes that the same be equally divided between the children of my brothers and Sisters share and share alike.

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 Elisha 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


PAGE IN PROGRESS


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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first posted: 12/10/06; revised 10/7/10