In the name of God, Amen. By the contents of this present public instrument know all men that in the year after the birth of our Lord and Savior Jesus Christ, one thousand six hundred and eighty-four, on the 6th of July, about midday, and in the thirty-sixth year of his majesty's reign Charles the second, before me, Robert Livingston, secretary of Albany, colony of Renselaerswyk and Shinnechtady, etc., and before the hereinafter named witnesses, came and appeared the Honorable Pieter Winne, magistrate, born in the city of Gent in d Landeren, at present sick in body but of sound memory and understanding as is clearly apparent, who, considering the shortness and frailty of human life, the certainty of death and the uncertainty of the time and hour thereof, therefore wishing to dispose of his temporal effects to be left behind while he yet by God's grace is able, and doing so of his own free will and motion, without the inducement or misleading of anyone, he now ordains and determines that his last will and testament in form and manner following:
First and foremost commending his immortal soul (whenever it shall be separated from his body) to the gracious and merciful hands of his Creator and Savior and his body to a Christian burial, likewise canceling and revoking and annulling thereby all and every such testamentary disposition and bequest as he before the date hereof may have made and executed, especially that will by himself and wife made under date of the first of June 1677, written by Mr. Adriaen van Ilpendam, notary public, holding the same null and of no effect and now making a new disposition, this testator declares that he has nominated and instituted, as he does nominate and institute hereby, his worthy and beloved wife Tannetje Adams as his sole and universal heir of all his lands, property real and personal, claims, credits, money, gold, silver coined and uncoined, jewels, clothing, linen, woolens, household furniture, etc., nothing excepted, so long as she remains in her widowed state, without her being called upon or annoyed by any one of the children, or anyone for them, for an inventory or anything appertaining to the estate and after her death shall his estate be equally divided among the children whom they have begotten together, share and share alike. But if his wife enters the marriage state again, then she shall be holden to divide and apportion the whole estate;
that is to say, a just half thereof as it then may be found to the behoof of the children whom he has begotten by his present wife aforenamed, namely Adam Winne, Livinus, Frans, Allette, wife of Casper Leendertse Tenyn, Killiaen, Tomas, Lyntje, Marte, Jacobus, Eva, Daniel, and Rachel Winne; and the other half to the behoof of his wife, and this reservation that she remain holden to the minor children to bring up in the fear of the Lord, and cause them to learn reading and writing and a trade or handicraft wherewith in due time they may, by God's favor, and with honor obtain their subsistance, the legitimate portion of said minor children remaining so long in the hands of their mother aforesaid and the rents and profits thereof being by her received until they arrive at maturity and enter into matrimony, she giving good security that the portions of the minor children be not lessened; and to the other children who may be already married and have arrived at their majority to pay over their portion pro rata, as their shares in the estate may be, share and share alike, no more to the eldest than to the youngest; she being holden to deliver an inventory of the whole estate and confirm the same, if necessary, by oath. The testator wills and ordains hereby that after his death his oldest son Pieter Pieterse Winne, dwelling in the Sopus, shall out of the common estate receive once for all the sum of ten beavers in place of his legitimate portion and entire inheritance, wherewith he shall be content, without any more, not willing that he or anyone for him shall make the least claim any more upon the testator's estate, directly or indirectly.
The testator further desires that if it please God the Lord both he and his wife to remove, both being now sick, the whole estate shall be kept together, without any division or partition, until the youngest child shall attain her majority or enter the marriage state, and then be divided among the aforesaid twelve children, share and share alike, the portion of that child or children who die in their nonage to go to the survivors.
The testator excludes herein the honored orphan masters (saving all honor and respect) and in their place requests and constitutes, as he hereby does Mr. Marte Gerritse and Mr. Cornelis van Dyck (who have accepted the same) to see the contents of this his last will and testament promptly and uprightly carried out in all its parts and provisions. All which he, the testator, declares to be his last will and testament, desiring the same after his death to have full force and effect whether as will, codicil, donation, gift in anticipation of death, or otherwise, as the same may be last maintained, notwithstanding that some formalities demanded by law or custom may not have been fully observed herein; desiring the utmost benefit hereof to be received, and one or more copies hereof to be made and executed as occassion may require. This done and executed at Bethlehem, lying in the county of Albany on Hudson's river, two miles to the south of the city of Albany, at the house of the testator, which [will] he has signed and sealed in the presence of Mr. Marte Gerritse and Mr. Cornelis van Dyck, magistrates called as witnesses hereto, the year, month and day aforenamed.
Will dated July 6, 1684. Witnesses: Marten Gerritse and Cornelis van Dyck. Printed in Early Records of Albany, volume 4, 127-29. Letters of administration were granted to Casper Leendertse Conyn and Livinius Winne on February 22, 1696.
Transformed by NM
first posted 7/25/00; last revised 1/7/02