Will of Jan Franz Van Hoesen of Albany, NY

Contributed by Ruth Piwonka

Webpage by Cliff Lamere    9 Aug 2002

According to Jan Franz Van Hoesen's own will, he died in Albany, which was his primary residence. Below is a transcription of the translation made by J F L Van Laer and published in The Dutch Settlers' Society Yearbook (1931) vol 6: 21-26. The original will is in the Livingston- Redmond manuscripts. -- The will is unusual and quite dramatic and moving. 

All-Name Index

Bos, Cornelus Tonisen
Jansz, Anthony
Schelluyne, D. V.
Van Hoesen, Annetje Jans
Van Hoesen, Catarina
Van Hoesen, Jacob
Van Hoesen, Jan Franz
Van Hoesen, Johannes
Van Hoesen, Jurriaen
Van Hoesen, Marya
Van Hoesen, Styntje Jans
Van Hoesen, Volckert
Van Noortstrant, Volckie Jurriaens

In the name of God, Amen. [On this day appeared Jan Fransz van Hoesen and Volckie Jurriaens dr. van Noortstrant, husband and wife, residing in Albany (known to the undersigned witnesses], he, van Hoesen lying abed sick and she, Volckie Jurriaens, being sound of body, but both of them being in full possession and having the full use of the faculties, mind, memory, and understanding, as far as outwardly appeared and could be observed, which appearers, [sic] considering the shortness and frailty of human life, the certainty of death and the uncertain hour thereof, and wishing therefore to forestall the same by proper disposition of their temporal estate to be left behind, declared that without inducement, persuasion, or misleading on the part of any one, they had made ordained and concluded this, their joint, reciprocal and mutual last will and testament, in form and manner as follows: 

First and foremost they commend their immortal souls when they shall leave their bodies to the gracious and merciful hands of God, their Creator and Redeemer, and their bodies to a Christian burial; and where they, the testators, acknowledge that before the date hereof they have neither jointly nor severally or executed any testamentary disposition, legacies, donations, or other bequests whatsoever, therefore, the said testators hereby 
declare that they hereby nominate and institute the survivor of both of them as his or her sole heir to all the property, real and personal, claims, credits, money, gold, silver, coined or uncoined, jewels, clothing, linen, woolens, household effects, etc., nothing excepted or reserved, which he or she who dies first shall vacate at death and leave behind to do therewith as with his or her own free property without contradiction or gainsay by any one, provided that the survivor of the two shall be held to bring up the six minor and unmarried children, namely, 

Jurriaen, aged 23 years; 
Marya, aged 14 years; 
Catarina, aged 12 years; 
Johannes, aged 10 years; 
Jacob, aged 8 years; and 
Volckert, aged 7 years, 
until they are of age or marry; to rear them in the fear of the Lord and to train them and have them trained in an honest trade or profession in due time they may earn their living and then, when they reach their majority to turn over to them as much as their two married children, to wit, Styntje Jans and Annetje Jans, have received, or the value thereof, with which the said testators consider that the survivor of them may suffice. Therefore, the survivor of the two shall be held to bind and therefor [sic] especially their real and immovable property, such as houses and lands, both the house and lot situated here near the fort and the land lying below the fort. Furthermore, the testators hereby exclude and shut out the honorable orphanmasters and every one else from the guardianship of the aforesaid children and the administration of their estate, not being willing that they shall meddle therewith, and in their place they nominate and appoint the survivor of both of them as guardian. 

We the undersigned, declare for the honest truth that what is herein before written is the last will and desire of the aforesaid testators, stated clearly and with due understanding 
of its meaning by both of them which they caused to be reduced to writing as herein before stated, and that when the writing had progressed as far as above, the testator, Jan Fransz van Hoesen, wanted to get up from his bed and sit near the fire, where, on being taken there and put in a chair, he suddenly and unexpectedly gave up the ghost and died. Actum in Albany, on Monday, the 20/30th of November 1665 at about eleven o'clock in the fore noon. 
[signed] 
Cornelus Tonisen Bos 
Anthony Jansz 
D. V. Schelluyne, Secretary 
1665

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