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Will of Dirck Wesselsen Ten Broeck

In the name of God, Amen. On the fourth day of February in the first year of the reign of our sovereign King George, of Great Britain, &c., and in the year of our Lord one thousand seven hundred fourteen and fifteen, I Dirck Wesselez Ten Broeck, late of Albany, now of the manor of Livingstoen in Dutchess county, being sound in body having perfect possession and use of my understanding, memory and faculties, but considering the shortness and frailty of human life, the certainty of death and the uncertainty of the hour thereof, have after careful consideration, of my own motion, without the inducement, persuasion or misleading of anyone, made, ordained and determined this my last will and testament, revoking, canceling and annulling hereby all and every testament heretofore made and executed by me and desiring tht this alone be taken as my last will and testament, in form and manner following:

First, I commend my immortal soul when it shall depart from my body to the gracious and merciful hands of God my Creator and Savior and my body to the earth whence it came, in Christian burial, there to remain until my soul shall be reunited to the body upon the joyful day or resurrection, to be made partaker of that insatiable joy of our salvation which God of His grace through the merit of Jesus Christ has pepared and promised bor all who have true penitence and faith in Him.

First,. (sic) Respecting such temporal goods as the Lord, above my deserts, has pleased to grant me, I give and dispose of the same in manner following:

Second. I give to my oldest son Wessel Ten Broeck for his birthright as my first born son the sum of three pounds current money of New York, who I desire shall make no further claim to any part of my estate, save an equal portion with his sisters and brothers as is hereinafter expressed.

Third. Furthermore it is my will and desire that after my death my just debts to any and all persons shall in due time be paid by my heirs.

Fourth. I appoint my well-beloved wife Christyna Wesselz Ten B[r]oeck after my death as executrix and administratrix of my whole estate, as well movable as immovable, lands, houses, lots, obligations, claims, rents, fold and silver coined and uncoined, jewels, clothing both linen and woolen, horses, cattle, negroes, negresses and other property, nothing whatsoever excepted or reserved from my whole estate, as well here in this country, in England, Holland or elsewhere, wherever they may be situated or be found, to administer theron without interferences or contradiction of my children or anyone else, or without being held to give any inventory or accounting during the time of her widowhood, but on the express conditin that she shall not have power to sell, alienate or dispose of my real or immovable estate wherever it may lie, as land, huses, lots, and rents, but shall only receive the usufruct and yearly income thereof during her widowhood; but if she marry again, she shall be holden before she enter into the marriage state an inventory of my whole estate to deliver to my sons, to wit: Wessell Ten Broeck, Samuel Ten Broeck, Johannes Ten Broeck and Tobias Ten Broeck, whom I appoint as executors of my whole estate, as well movable as immovable, to administer upon the same, which administrators shall be holden to pay to my said wife a third of the yearly income during her life; the other two thirds, after all the expenses incurred shall have been deducted, it is my will shall be equally divided yearly among my eleven children or their heirs, namely: Wessel Ten Broeck; Elsje Ten Broeck, wife of Johannes Cuylaer; Catatyntje Ten Brock, wife of Johannes Lissjer; Cornelia Ten Brock, wife of Abraham Schuylaer; Christyna Ten Broeck, wife of Johannes van Alen; Elisabeth Ten Brock, wife of Ant[o]ny Coster; Lidia Ten Broeck, wife of Volkert Van Vechten; Samuel Ten Brock; Johannes Ten Broeck; Tobias en Broeck; to each a just eleventh part.

Fifth. After my wife's death, I give and bequeath to my eldest son Wessell Ten Brock two-thirds of all my lands lying in Sarachtoge, in the county of Albany, and the other third part of said lands I give and bequeath to my daughter Geertruy Schuylaers, wife of Abraham Schuylaer, which lands aforenamed are a just seventh part of the whole of Sarachtoge according to patent in company with Col. Piter Schuylaer and others; which I give to my aforenamed eldest son and daughter Geertruy as aforewritten, to wit, two-thirds for the aforenamed Wessel and his heirs forever, provided that such shall serve in payment and satisfaction of the afoernamed Wessel's portion of the inheritance of my estate to the amount of one hundred and twenty-five pounds New York currency, likewise to my daughter Geertruy aforenamed the just third part of the land aforesaid in payment of the sum of seventy-five pounds like currency of New York, to be deducted from her inheritance, which aforesaid third part I give to her and her heirs for the aforenamed sum forever after my wife's death.

Sixth. Furthermore, I give to my sons Samuel Ten Brock and Tobias Ten Broeck all my lands in the aforesaid manor of Livingstoen according to conveyance to me given by Mr Robbert Livingstoen, to be divided in two equal parts, whereof my son Tobias shall have the choice of one half and the other half for my said son Samuel, for them and their respective heirs forever, besides which I give to my two sons Samuel and Tobias aforewritten four horses, four cows, four sheep, four hogs, one of my negroes at their choice, all farm implements which then shall be found on my farm, for which I will that my sons pay to the aforenamed executors each the sum of one hundred and ninety pounds New York money, being together three hundred and eighty pounds, provided that each of the two shall have liberty to deduct from the aforenamed sum in his full portion of the inheritance of my whole estate, that is to say if their inheritance does not aount to so much as this aforenamed sum, then they must pay up and turn over the deficiency to my administrators, but if their inheritance comes to more then they shall be paid out of the estate, but they shall not lay claim to this bequesthed land before my aforesaid wife's death, when they shall receive the lands with house, barn, ricks, farm and all rights therein forever.

Seventh. After my wife's death I give to my son Johannis Ten Broeck my two houses and lot lying in the city of Albany, on the north side of the Jounkeer straet1, on the west side of the Gangh straet2, on the east side of the house and lot of Antony Coster and to the south of said Coster, according to conveyance thereof for him and his heirs forever; also I give the said Johannis all my right in lands lying on the east of Hudson's river, on a kill called Kinderhoeck kill, that now remain unsold, according to patent of Sir Edmond Andros and Col. Thomas Dongan, for him and for his heirs and assigns forever, for which houses and lot and rights of lands upon the Kinderhoek kill, valued by me at two hundred pounds current money of New York, it is my will that he shall reimburse the estate to the same amount, on condition that he may deduct therefrom as much as the eleventh part of the whole estate shall come to and pay the rest to my executors for the benefit of my other heirs, but if his part amounts to more, the balance is to be turned over to him by the administrators.

Eighth. It is my will and desire that all my other lands, houses and lots, save what I have hereinbefore bequeathed at the prices stipulated to my aforementioned sons and daughter Geertruy, wherever they may be situated and to which I have lawful title, with all my negroes, negresses, cattle and other goods of whatsoever nature, found after my and my aforenamed wife's death, I give to my aforenamed eleven children to be sold to each other, and the entire sum together with the aforesaid sums which my sons and daughter Geertruy are to pay for the appraised lands and houses shall be added together and eivided equally among my aforenamed eleven children, with the understanding that my said sons and daughter Geertruy of the appraised valuation of their lands shall pay no more than the amount in excess of the eleventh part of my whole estate.

Ninth. It is further my will and desire that none of my real estate shall be sold to a stranger, but shall always remain in my family.

Tenth. It is my will and desire that Christina Legger whenever she shall come to marry, shall have a proper outfit. All the forgoing conditions I declare to be my last will and testament, desiring that the same shall have full force and effect in all respects. Thus done and concluded on my farm in Dutchess county in the manor of Livingstoen and subscribed and sealed with my own hand in the year 1714/15 the fourth day of February.

Was signed,
Dirck Wessels Ten Broeck (L.S.)

Signed and sealed in presence of the undersigned witnesses,

Jan Vosburgh
William Scott
Pieter Vosburgh

Pursuant to an order from his excellency Robert Hunter Esqr. Capt. Generall & Govr. in Chiefe of ye provinces of New York New Jersey & dated the sixth day of Novemb. last appeared before Johannis Cuyler Esqr. Recorder of the City of Albany Jan vosburgh William Scott & Peter vosburgh the witnesses to the above will & Testament of Dirk Wessells Ten Broeck Late of the County of Albany Esqr. Deceased who declared on the holy Evangelists that they saw the said Dirck Wessells Ten Broeck sign seale & publish the same as his Last will & Testament and that to ye best of their knowledge he had at the signing & sealing of ye said will his perfect sences and understanding, as also appeared before me the said Johns. Cuyler Christyna Wessels Ten Broeck Executrix of the said Last will & Testament Chiefly therein named who took the oath of Executrix for the due Execution & performence of the said will & Testament Given under my hand in Albany this sixth day of february in the fourth year of his majes. Rein A. D. 1717/8.

was Signd
Johs. Cuyler

1 Jonker or Jounkheer street, now State street.
2 Literally: alley street, now James street.

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