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Will of Andries Gardenier

In the name of God, Amen. Know all men by these present that I, the undersigned, Andries Gardinier, of the village of Kinderhoeck, in the county of Albany, in the province of New York, hale and sound of body, having perfect understanding, memory and speech, considering the frailty of this life, the certainty of death and the uncentainty of the hour thereof, desiring therefore to dispose of my temporal goods granted me by the Almighty, commending first and foremost my soul to the gracious hands of God my Creator and Jesus Christ my Savior and my body to a Christian burial, thus, without the persuasion or misleading of anyone, but of my own motion, dispose as follows:

After my death, my beloved wife Eytje Gardinier shall remain in full possession and continue to dwell upon my farmland where I now dwell at Kinderhoek aforesaid and draw the income thereof for the maintenance of our children until my eldest son reaches his majority, when my aforesaid wife must yield up the aforesaid land and surrender the same with all my right in the adjoining woodland, together with the house, barn and other buildings thereon, to my eldest son Andries Gardinier, aged about eleven years, my wife aforesaid to have then a small piece of land out of my certain parcel of woodland on the east shore of Hudson's river, beginning on the north side of Jan Hendrickse Bruyn, northward along said river, three morgens broad,1 and so eastward into the woods, also three morgens, containing nine morgens, with free range for her cattle and wood for herself during her life and no longer; likewise she must erect a proper dwelling upon said parcel of land for her and her family, together with a stable for her cattle, which shall be in lieu of what the law allows her. And I furthermore will that this said small parcel of land after her death shall go to my second son Jacob Gardinier and that my aforesaid wife shall have no power to incumber, much to sell any of my land.

2 My son Jacob Gardinier aforesaid, now aged about nine years, shall out of my aforesaid woodland have the full width to the shore, to wit, from said J. H. Bruyn's right to the south line of the colony of Rensselaerswyck and into the woods eastward to Mutsjes kill, with the understanding that the little parcel of land for my wife aforesaid shall be included therein and after her death go to said Jacob as aforesaid, with the reservation that Jan van Wye, out of the land of Jacob, shall have a little piece of land beginning from the patroon's south line southward, in breadth two hundred and fifty paces from the west side of the Mutsies kill aforsaid, westward to the spruyt which empties into the round swamp (Creupel boss) keeping there the same breadth, with free range for said Jan's cattle and wood for himself and his heirs.

3 My youngest son Ayre, aged about seven years, shall have the remainder of my aforesaid parcel of woodland as by my deed it shall be found described and the lands herein severally bequeathed to my three sons Andries, Jacob and Arye Gardinier shall, when my youngest son becomes of age, be severally appraised by three or five impartial persons and they shall compensate each other in money for the difference in value. It is also to be understood that the land given to my three sons aforesaid, or whatever other land I may yet obtain, shall be for them and their heirs, it being my express will that none of them shall ever alienate any of it, but only have liberty to sell to the next heir of the name Gardinier; and if Jan van Wye should desire to give up his said land, he or his heirs must also sell it to the next heir of my three aforesaid sons.

4 Six weeks after my death, my aforesaid wife shall be holden to deliver to the guardians hereinafter named a true inventory of all movable goods and effects, whatever they may be, with the understanding that whatever she shall declare she brought into the estate, she shall have the right to draw out, the rest to be for my three children, each of whom is to receive a just third part when he reaches his majority or marries, but before any partition is made, my eldest son, for his birthright, is to have a cow or a horse at his choice, and whenever my children during the lifetime of my wife come to marry, the mother shall give them an outfit according to her means.

5 All that is hereinbefore written I, the testator, declare to be my last will and testament, desiring earnestly that after my death it may be observed and carried out in all particulars, to which end I appoint my aforesaid wife administratrix and executrix and as guardians my brother Samuel Gardinier and Mr Andries Coeymans, and in case of death of either of the said guardians, Pieter Coeymans shall be the second guardian of my aforesaid children, begging each of them as far as he is concerned to perform his duties conscientiously. Thus with my hand subscribed and sealed in the city of Albany, this last day of July and in the third year of her majesty's reign A. D. 1704.

Andries X Gardinier (L.S.)

Signed, sealed and delivered in presence of us,

Johannes Roseboom, Justice
Johannes Cuyler, Justice
Abraham Cuyler.

N. B. the word "undertussen" (meanwhile) was erased between the fifth and seventh lines, before signing, etc.

Albany the 13th August 1717

Then appeared before Robert Livingston Junr. Esqr. mayr. of ye City of Albany Johannis Roseboom Johannis Cuyler & Abraham Cuyler Esqr. witnesses to this Instrument who declare on ye holy Evangelist that they saw Andries Gardenier sett his marke and seale to this as his Last will and Testament and he was in perfect sense at ye same time.

Robt. Livingston Junr.

1 Thus in the original.

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