Will of Gerrit and Alida Van Schaick - 1679

In the name of God, Amen. Know ye by the contents of this present public instrument that in the year after the birth of our Lord and Savior, Jesus Christ, the 11th day of the month of November, 1679, before me, Adriaen van Ilpendam, notary public residing in Albany, admitted by the Right Honorable Sir Edm, Andross, governor general on behalf of his Royal Highness James, Duke of York, of all his territories in America, and before the hereinafter named witnesses, appeared and presented themselves the worthy Gerrit van Schayk, born at New Albany. And his wife, Alida van Slichtenhorst, also born at New Albany, well known to me, the notary, the said Gerrit van Schayk being at present bodily infirm and his wife, Alida van Slichtenhost at present bodily, both having the full use and possession of their mind, faculties, memory and understanding according to outward appearance: which testators, considering the shortness and frailty of human life, the certainty of death and the uncertainty of the time and hour thereof and wishing therefore to dispose of their temporal estate to be left behind while by Godís mercy they are still able to do so, and doing so of their own mutual free will and inclination without being misled or induced thereto by any one, they have ordained and concluded, this, their joint will and testament, in the form and manner as follows:

First and foremost, commending their immortal souls when they shall be separate from their bodies to the gracious and merciful hands of God, our Creator and Savior, and their bodies to a Christian burial, and likewise revoking, canceling and annulling hereby all and every such testamentary dispositions and bequests as they heretofore jointly or separately may have executed, considering the same null and void, and now disposing anew, they, the appearers and testators, out of mutual and special love which they during their marriage have steadily borne and still bear toward each other, declare that they have reciprocally and mutually appointed and institute hereby, the survivor of both of them as their sole and universal heir to all the property, real and personal, claims and credits, which he or she who shall die first may at his or her death vacate and leave behind in this country or elsewhere, without contradiction or objection on the part of any one; but with this express condition that if Gerrit van Schayk should die first, his brothersí and sistersí children are to receive all the clothes, both woolen and linen, which may have belonged to his body, as also all his horsemanís equipment, and his wife, Alida van Slichtenhorst, should die first, her brother and sisters shall receive whatever may have belonged to her body, whether woolen or linen cloth, or jewelry; and in case the said testators hereafter, either in writing, whether in their handwriting or over their signatures, or orally before two or more trustworthy witnesses, should leave, devise or bequeath anything further, or make any changes in, add to, or strike out anything in what is hereinbefore written, they wish and desire that the same be of such force and effect, and may by every one be held and regarded, as if it were written

They, the appears and testators, declare [this] to be their joint will and testament, desiring that after the death of either of them the same shall have its full force and effect, whether as will, codicil, donation, gift in anticipation of death or otherwise, as may be most suitable, even though some formalities required by law or custom may not be fully observed herein, requesting that the utmost benefit hereof may be received and that one or more instruments hereof in proper form may be made and delivered to serve as shall be proper.

Thus done and executed in New York, at the house of the testators who, in the presence of Mr. Johannes Provoost and Mr. Dirk Wessells ten Broek, commissaries of this place, invited hereto as witnesses, have signed this with their own hands in New York, the year, month and day aforesaid.

In the margin was written: As witnesses Was signed:
Johannes Provoost
Gerrit van Schayk
Dirk Wessells ten Broek
Alida van Slichtenhost

In my presence, Adriaen van Ilpendam, Notary Public


Will dated November 11, 1679, Printed in CMA volume 3, pp. 115-16.
The will was represented to the Albany court as follows: Mr. David Schuyler, appearing in court, shows the last will of Gerrit van Schayk, deceased, the former husband of his daughter-in-law, Alida van Slichtenhorst, dated November 11, 1679, being a close will, written by Mr. Adri. Van Ilpendam, notary public, in the presence of Mr. Dirk Wessels and Mr. Joh. Provoost, commissaries of this court, and requests that the said will may be probated. The honorable court, having examined the will and the witnesses, probate the said will as far as the contents thereof are concerned and order the secretary to record the said will and to issue a certificate thereof.
Some spelling, punctuation, and paragraphing supplied.

Transformed by JP

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first posted: 6/20/06