Last Will and Testament of Peter Van Ness

The Last Will and Testament of Peter Van Ness of the Town of Kinderhook in the County of Columbia deceased. Registered this 12^th day of February 1805.

In the name of God amen I (Judge) Peter Van Ness of the Town of Kinderhook County of Columbia and State of New York do make this my last will and testament as follows

1. I give and divide all that my farm piece or parcel of land with the buildings thereupon and the appurtenances thereunto belonging situated lying and being in the Town of Chatham in the County and State aforesaid and now in the tenure and occupation of Wareham Abbitt and Theodous Adriance unto my oldest child Catherine the wife of Abraham L Van Alen of the Town of Kinderhook in the County and State aforesaid her heirs and assigns forever. I also give and bequeath to my said Daughter Catherine the sum twelve hundred and fifty dollars to be paid to her by my executors herein after named within twelve months after my decease out of my personal state.

2. I give and devise to my oldest son John his heirs and assigns forever in fee simple the Stone House in which I formerly resided and the outhouses and appurtenances thereunto belonging together with the one equal half part of the land of the farm on which I now live situate and being in the Town of Kinderhook and County aforesaid on the west side of the main road leading from Kinderhook to Claverack, which said half part the farm hereby devised to my said son John is intended to be one equal half part of the land composing the said farm of land to be divided as nearly as can be into 2 equal parts, having due regard to the quality and quantity of the land without taking into consideration the value of the Brick House in which I now live.

3. I give and devise until my daughter Gertrude, the wife of Martin H. Hoffman, the use, rents, issues, and profits during her natural life of all that my messuage and tenement with the farm and appurtenances thereunto belonging situate lying and being in the Town of Claverack at a place commonly called Squampamuck and now in the possession tenure and occupation of the said Martin H. Hoffman, and from and immediately after the death my said daughter Gertrude, give, devise, and bequeath the said messuage and tenement with the farm and appurtenances thereunto belonging situate lying and being in the Town of Claverack at a place commonly called Squampamuck as aforesaid unto the children of my said Daughter Gertrude and to their heirs and assigns in fee simple forever.

4. I give and devise unto my son William and his heirs and assigns forever in fee simple the new Brick House in which I now live with the outhouses, buildings and appurtenances thereunto belonging situate and being in the Town of Kinderhook and County of Columbia aforesaid together with the remaining equal half part of the land, of the farm on which I now reside lying on the west side of the main road leading from Kinderhook to Claverack. The one equal half part of the land where I have already devised to my son John and it is my will and I hereby order and direct that the lot of ground lying to the north new Brick House as far as the division fence between me and Casparus Dingman, and also the lot of ground including the orchard to the south of the said House as far as the first fence running nearly east and west, both lots extending west to the fence as it runs at the foot of the hill, shall be part of that one half of the above named farm which I have devised to my son William, in making the above devises to my sons John and William, my intention expressly is to divide the land of the farm on which I now live including the small place occupied by John Pier lying in the fork of the roads leading from Kinderhook to Claverack and from Kinderhook to Van Alstyne’s Mill equally between them as well in point of quality as quantity giving to my son John the old Stone House in which I formerly resided and to my son William the Brick House in which I now live, Thus rendering his portion most valuable because the advance I have made to my son John since he has been of age far exceed those I have made to my son William to which I ought in justice to have regard in the distribution of my property.

5. I give and devise unto my son Cornelius his heirs and assigns forever in fee simple, all that farm piece a parcel of land with the buildings there upon and the appurtenances thereunto belonging situate lying and being in the Town of Kinderhook and County of Columbia aforesaid on the east of the main road leading from Kinderhook to Claverack opposite to the House and farm I now occupy which said farm hereby intended to be divided is now in the tenence and occupation of Andrew Lovejoy.

6. I give grant and devise unto my wife Albertie and her assigns for and devising the term of her natural life one clear yearly annually or sum of one hundred and twenty five dollars lawful money of the United States of America to be issuing and payable out of the freehold estate which I have above devised to my five children to be paid by them in equal portions, that is to say, thirty five dollars annually by each of them, the said annuity or yearly sum of one hundred and seventy five dollars to be paid to my said wife by equal half yearly payments, the first thereof to begin and be made at the end and expiration of six month next after my decease, and always to be paid free and clear from all deductions and diminutions whatsoever.

I also give to my said wife Albertie the small Black girl named Hannah who shall remain a slave and servant to her and her assigns, until she the said girl shall arrive at the age of thirty years and shall then be liberated on such terms as shall be here in after directed.

7. My wife further is, and I do hereby order and direct that the Black woman now in my possession named Hannah or Naun shall be set at liberty immediately after my decease, and be wholly discharged from all further servitude either to my children or any person or persons whatsoever; and likewise that the Black woman named Bet now also in my possession, and the Black woman named Sattin I the possession of Martin H. Hoffman shall be liberated and discharged from further servitude but upon this express condition, and I order and direct that before they the said last mentioned two women, Bet and Sattin, and the Black girl named Hannah which I have alone given to my wife Albertie be liberated, they or some other person or persons in their behalf shall furnish an indemnification to my Heirs, Executors, or administrators, nor any or either of them shall not at any after their liberation be charge with or made liable for their support or maintenance of them the said Black women or girl abovementioned.

8. I do hereby will order and declare that the annuity to annual sum of one hundred and seventy five dollars, and the black girl named Hannah which I have above given, granted, and devised to my wife Albertie is intended to be and shall be received in lieu and bar of her dower, and in consideration of the said legacy and gift which I conceive to be a complete and ample provision for my said Wife, I do earnestly request that after my decease, she shall not demand of my children any portion of her dower, because it is my desire to leave their respective estates free and unencumbered.

9. I do will order direct that all my just debts of what nature or kind so ever my funeral expenses and the proving of this my will be by my Executors herein after named, said and discharged.