Will of Lucas and Anna Wyngaert - 1709



In the name of the Almighty God, Amen. We, the undersigned, married people, now [aged] and infirm, but of sound mind and memory, as is evident, considering the certainty of death and the uncertainty of the hour thereof, desire not to depart this world without first commending our souls in the hands of the Creator and after our deaths our bodies to a Christian burial and furthermore betimes to dispose of our temporal effects as follows:

First, we announce and declare hereby that we appoint and nominate the survivor of us as our sole and universal, having and to have, rights and credits, nothing excepted, consisting chiefly of real estate, namely, a house and lot standing and lying in the city of Albany and a house at the Kinderhoek, which houses and lot the survivor of us may and shall possess, occupy, use or rent at his [or her] pleasure; furthermore we, the testator and testatrix, will that the said house and lot at Albany after the death of both of us shall go to our youngest son named Luycas, for the sum of one hundred and nine pounds current money of this province, to be paid in five equal instalments, the first instalment or fifth part on his taking possession of said house and lot and the second instalment within a year thereafter, and so on.

And the residue of the money after the creditors or their heirs, that is, their lawful and direst descendants and heirs, with this reservation that our eldest son Gerrit, for his primogeniture, shall before any partition is made receive twenty shillings current money and no more, and in case of his death this money or prior right shall develop upon his eldest son named Luycas Gerrits; we will further that when the first instalment is received by the heirs for the house and lot, each shall reserve from his share six shillings for our youngest daughter Marya for reasons moving us thereto; likewise the heirs shall be holden or receipt of the last instalment a sufficient and binding conveyance to deliver to their brother Luycas for the aforesaid house and lot; furthermore the survivor may make partition of the furniture and movable goods among our children according to his pleasure.

All the foregoing we declare to be our last and ultimate will without the misleading or persuasion of anyone and we will and desire that all things shall be exactly performed to the greatest tranquility after our death, and also that all this shall be held valid by all courts and judges and by all Christian people.

In witness of the truth of which we have lawfully subscribed and sealed these with our own hands in presence of the hereinafter named witness called thereto, Peter Vosburgh, justice, Jacobus Turck and Johannis van Alen, at Kinderhoeck, in the county of Albany, this 30th of October 1709, being in the eighth year of the reign of her majesty, Anne, queen of Great Britain.

Luycas Gerrit (L. S.)

This is the X mark of Anna Luycas, made by herself (L. S.)

notes

Will dated October 30, 1709. No probate date found. Printed in Early Records of Albany volume 4, pp. 153-54. Some spelling and paragraphing adjusted.

Transformed by JP

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first posted: 1/25/06