In the name of God Amen. I Abraham Ten Broeck of Watervilet in the county of Albany and State of New York, being in reasonable health of body and of sound and disposing mind and thanks be to God for the same. All considering the uncertainty of life, and the certainly of death, do there fore make and ordain this my last will and testament, in manner and form following that is to say.
First and peacefully, I commit my soul into the hands of Almighty God my Creator, and my body to the earth, to be buried in a manner decent and suitable to my rank in life, at the discretion of my Executors herein after named; hoping for a joyful resurrection to eternal life, through the merrits and righteouness of Jesus Christ my Redeemer: And to all such temporal estate, with which God has been pleased to help me, I give and dispose thereof as follows:
I. I direct that all my just debts and funeral expenses be paid, and do charge my whole estate, real and personal, with the payment thereof.
II. I give devise and bequeath unto my well beloved wife Elizabeth, all my real and personal estate, for and during her natural life.
III. From, and immediately after the decease of my wife, I give devise and bequeath unto my beloved son Dirck Ten Broeck, his heirs executors, administrators and alrights for ever, All of my lands on the west side of Hudson's river in the patent of Saratoga and county of Saratoga, distinguished in the grand division of the said patient, by lots numbered thirteen and twenty two, together with the hereditaments and appurtenances as the same belongings or appertaining: And also the full and equal one third part of all my real and personal estate, not here in otherwise disposed of: And also, all my wearing apparel, both linen and woolen, and my house clock.
IV. From, and immediately after the decease of my wife, I give, devise and bequeath unto my nephew Philip Van Rensselaer and my son Dirck Ten Broeck the survivor of them, and the heirs , executors executors administrators, and assigns of each survivor all my lands at the place formerly called Hosack but now the south of Petersburgh, on the east side of Hudson river on the manor of Rensselaerswyck and county of Renselaer together with the hereditarments and appurtenances thereunto belonging or in any wise appertaining: And also the full and equal one third part of all my real and personal estate, not herein otherwise disposed of. In trust nevertheless, for the use of my beloved daughter Elizabeth her heirs and assigns forever: so however, that the same estate, or any cash thereof, or the income or profits thereof, shall not in any way be liable to any claims , debts or engagements, the continual management or disposition of her husband Rensselaer Schuyler and if he should die before my said daughter, then, in trust to convey and assign the legal estate in the premises, to her, her heirs executors administrators assigned for ever: And in case my said daughter should die before me, then, in trust for the use of such child or children, as she may leave at her decease their heirs executors administrators and assign forever: And if my said daughter should die childless, then, in trust for my said son Dirck Ten Broeck and my daughter Margaret, their heirs executors administrators and assign forever: And in case of the death of my said son Dirck and my daughter Margaret then, in need for my own right heirs for ever.
V. From and immediately after the decease of my wife, i give assign and bequeathe unto my beloved daughter Margaret, her heirs executors administers and assign forever. All that my tract of land on the east side of Hudson's River in the Manor of Rensselaerswyck and county of Renselaer at a place commmonly called Mordenaer's Kill together with the hereditaments and appurtenances thereto being -- or appertaining: And also the full and equal one third part of all my real and personal estate not herein otherwise disposed of. In addition to which devise and bequest, it is my will and I do hereby bequeath unto my said daughter Margaret, the sum of fifteen hundred dollars of the money of accounts of the United States to be paid out of my real and personal estate when she shall marry, or when her mother shall die, whichsoever shall first happen.
VI. From immediately after the decease of my wife, I give, devise and bequeathe unto my grandson Abraham Ten Broeck, his heirs executors administrators and assigns forever. All that c ertain tract or parcel of land situate on the west side of Hudson's River, at the Normans kil in the manor of Rensselaerswick and county of Albany being part of a tract of land commonly called Elizabeth field. Beginning at the most easterly corner of the said tract and running northwestwardly along the boundary line of said tract lands conveyed by myself and my wife on the 8th of June 1807, to Abel French and Samuel R. Campbell, hence southwestwardly along the same to the Normans kil hence southwestwardly along the eastern bounds of land conveyed by myself and my wife on the 1st of February 1805 to James McKnown and Abel French, to the south boundary line of the said land commonly called Elizabeth-field: Hence along the same southwestwardly to the most noirthernly corner of the said last mentioned tract: Hence northeastwardly along the same to be placed of origin now containing about six hundred and twenty six acres of land be the same more or less, together with the hereditements and appurtenances to the same belonging or other wise appertaining: And also my gold watch , gold lock buckie, gold sleeve buttons, silver shoe and knee buckie and fire and side arms.
VII. I hereby give and devise to my own legal heirs for ever, All that piece of ground near the northwest corner of my lot of ground where I now dwell, and where I have built a vault, butted and bounded as follows. Beginning at a place distant ninety feet from the northwest corner of my said lot or lots of land, thence eastwardly along the street thirty five feet, thence southwardly fifty five feet, thence westwardly thirty five feet, thence northwardly fifty five feet to the street and place of beginning, to continue, be kept up, and used for ever, as burial ground or place of interment (and for no other use or purpose whatsoever) for myself and my wife, my children and my grandchildren, and all those who are or may be, of consanguinity to them, or any of them, or who are intermarried or may intermarry with any of them. And I do earnestly recommend and enjoin it upon those who may succeed to my estate, from time to time to make the necessary legal dispositions, for giving perpituity and full effect to this clause of my will.
VIII. I give an bequeath after the decease of my wife, to my daughter Elizabeth and Margaret, or to which ever of them may be then living, ally my diaper and linen table cloths, napkins, sheets and pillow cases. Lastly, I do herby nominate and appoint my well beloved wife sole Executrix of this my last will and testament; and in case of her death, I nominate and appoint my son Direck Ten Broeck, and my daughters Elizabeth and Margaret, or the survivors, or survivor of them to be then, Executors and Executrixes thereof: hereby revoking all former wills and testaments by me made and published, and declaring this to be my last will and testament. In witness thereof i have hereto set my hand and seal, his twenty sixth day of March in the year of our Lord one thousand eight hundred and nine.
Abraham Ten Broeck [his signature]
Signed sealed published and declared by the Executor as and for her last will testament in the presence of us who at his desire and in his presence have hereunto subscribed our names as witnesses.
Be it remembered that on the twenty ninth day of January in the year of our Lord one thousand eight hundred and ten: personally appeared before me Elisha Dorr, Surrogate of the said County, William Hale and Jas. Stevenson who being dully sworn on their oaths declared that they [saw] Abraham Ten Broeck late of the town of Watervliet in the County aforesaid deceased sign and seal the proceeding instrument purporting to be the last will and testament of the said deceased as and for his last will and testament, that they heard him publish and decline the same as and for his last will and testament, that at the time thereof he was of sound disposing mind, memory and understanding according to the best knowledge and later of them the said deponent that their names subscribed thereto as witnesses one of their own proper hand writing and that they together with John V. Henry the other witnesses thereto subscribed their names in the presence of the executors. Elisha Dorr
Transcribed from an online resource by JP
Probably the Mordener's Kil, ("Murder's Creel"), a tidal tributary flowing west into the Hudson near today's Castleton-on-Hudson.
first posted: 5/7/13