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In the name of God, Amen. Know all men by thee presents that on this fifteenth day of November in the year of our Lord one thousand seven hundred and sixty-four, I Thomas van Alstyn, of the township of Kinderhook, in the county of Albany, in the province of New York, being advanced in years, but having my memory and understanding perfect, considering the shortness of human life, the certainty of death and the uncertain hour thereof, have determined this to be my last will and testament in manner following:
First, I commend my immortal soul whenever it shall depart from my body to the gracious and merciful hands of God my Creator and Savior and my body to a Christian burial in the earth from whence it came, there to rest until my soul and body be reunited at that joyful day of the resurrection to be made partaker of that insatiable joy of our salvation which God by His grace has through the merits of Jesus Christ has prepared and promised for all those who have true repentance and faith in Him. And as regards such temporal estate, as money, obligations, goods, rights and credits, nothing in he world excepted, where and whatsoever they may be, I order and dispose thereof as follows. I desire that all my just debts shall first be paid out of my above-mentioned estate.
Item, I give and bequeath to my son Wiliam Van Alstyn in consideration of his right of primogeniture of being my eldest son, my large shot gun.
Item. I give and bequeath to my son William Van Alstyn and his heirs forever the farm which he now has in his possession and dwells upon, with all the rights thereto appertaining, lying in Claverack in the manor of Rensselaerswyk and in the county of Albany upon this condition tht my son William or his heirs therefor pay the sum of one hundred pounds current oney of this province, which is still owing on that land, and furthermore, after my wife's death, that my son William pay or disburse to my daughter Cathariena Hofman, widow of Petrus Hoffman, or her heirs, the sum of forty pounds current money of this province, if it goes well with the woodland which I have conveyed to my five children; if not, my son William must pay to the aforenamed Cathariena the sum of sixty pounds current money aforenamed.
Item. I give and bequeath to my son Lambarth Van Alstyn and his forever the farm which he now possesses and occupies, lying in the township of Kinderhook in the county of Albany.
Item. I give and bequeath to my son Peter Van Alstyn and his heirs forever my whole farm as I now possess the same, with all the farm implements thereto belonging, after the death of my wife, on this condition that my son Peter or his heirs pay therefor to my son Lambarth or his heirs the sum of four hundred pounds current money of this province, the first payment of one hundred pounds two years after my death, the second payment also of one hundred pounds four years after my death, the third payment again of one hundred pounds six years after my death, the fourth payment again of one hundred pounds eight years after my death; from this time forth my son Peter is to have the half of the whole income of my farm and is also to be at half of the expense of the whole and after my death my son Peter is to have the whole income of my farm, provided that he is to give to my wife during her life the fourth of the income, and also a free dwelling, also pay all my debts. Furthermore my son Peter or his heirs must pay or disburse to my daughter Maria or her heirs the sum of forty pounds current money of this province if it goes well with the woodland which I have conveyed to my five children; if not, my son Peter must pay to my aforenamed daughter Maria or her order the sum of sixty pounds current money as above.
Item. I give and bequeath to my two daughters Catharina and Maria and their heirs after my wife's death all my movables and household furniture except my sons' pictures, of which each shall have his own; furthermore I give to my daughter Cathariena or her heirs my negress named Alloon and to my daughter or her heirs I give my negress named Anne.
Item. I give and bequeath to my son Peter or his heirs my negro named Lott.
Item. I give and bequeath to my five above-named children, William, Lambarth, Peter, Cathariena and Maria, and to their heirs all my silver work, nothing excepted, to be equally divided among them, to the one no more than the other.
Item. I give and bequeath to my son William and his heirs my brew kettle for which he is to pay three milch cows, one to my son Lambarth, one to my daughter Cathariena and one to my daughter Maria.
Item. I give and bequeath to my three sons, William, Lambarth and Peter Van Alstyn, to them and their heirs, my whole interest in the sawmill.
Item. I desire and order that if my aforenamed children or any of them be not content with what I have above bequeathed and given to them, but make further claims or pretensions on any part of my estate or on anything that I have heretofore sold or made over or conveyed, here or elsewhere, of whatsoever nature it my be, he who undertakes to do so shall be completely cut off from his inheritance or share herein bequeathed to him and my executors shall retain control of the same in order to resist him according to my desire until the matter is settled, when they shall equally divide the remainder of the same among my other contended children and their heirs.
Item. I give and bequeath to my son Peter van Alstyn after my death all that lies within my fence, house, orchard and meadowland, which is now in possession of my son Lambarth, and it is my will and order that Lambarth shall turn over the same to my aforesaid son Peter.
Item. I give and bequeath to my son Peter van Alstyn and his heirs a parcel of hickory wood to the west of the high hill; also a piece of ground lying upon the west side of the Batten vly, between the ridge and said vly.
Item. Furthermore it is my will that my youngest daughter Maria shall remain at home with my son Peter until she married.
Lastly, I nominate my worthy wife Maria van Alstyne and my son William van Alstyn and my friend Casparis Conyn, junr. executors of this my last will and testament and desire that in due time they shall pay my just debts which I may leave behind.
In witness of the truth hereof I have subscribed and sealed this and declared it to be my last will and testament, the day and year above written.
Thomas van Alsten (L.S.)
Signed, sealed and declared by Thomas van Alstyn to be his last will and testament in presence of us as witnesses (the words "or their heirs," on the first page, were interlined before the signing and sealing hereof).
Petrus Coll, junr.
Albany County
Be it Remembered that on the 7 day of September 1765 Personally came and appeared before me John Depeyster Surrogate of the said County Petrus Cool Jur. of Kinderhook in said County of Albany and Gerret Van Den Bergh of the manner of Renselaer in said County farmer and being duly Sworn on their Oaths Declared that they and Each of them did see Thomas Van Alsten sign & seal the within written Instrument proporting to be the will of the said Thomas Van Alsten bearing date the 15 day of November one thousand seven hundred sixty-four and heard him publish & Declare that same as and for his Last will and testament that at the time thereof the said Thomas Van Alsten was of Sound Disposing mind and menory to the best of their Knowledge and belief of them the deponents and that there names Subscribed to the said will are of there Resspective hand writing which they subscribed as witnesses to the said will in the Testators presence and that they also saw the other witnessSybout Krankheyt sygn his name as witness to said will in the Testators presence.
John De Peyster Surrogate
I do hereby certify the preceding to be a truly Copy of the Original exd. & Compared the 6th day of October 1781.
Pr. Mat: Visscher Clk
Seybout Kranckheyt
Gerrit C. van Den Bergh
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