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COURT OP comroiT pleas 

i-EDM 1794 TO 1822 



TROY, N. Y. 


19 2 1 


Pive copies of this work made for subacri'bers 
axid one oopy for the editor 


1 Clmrles Shepard, Troy, H. Y. 

2 Library of Congreaa, Washington. 

3 New York Genealogioai & Biographical Society, New York. 

4 New York State Library, Albciny. 

5 New York Historical Society, New York. 

6 New Englajid Historic Genealogical Society, Boston. 

This copy is the one underlir^ed in red 


The will3 from wiaioh the following abstracts 
were made are found recorded in an un-nuinbered book now 
in t:iG office of the Surrogate of Rensselaer County, 
Nev; York. None of the office force seem to know how 
the boclk came to "be in tliat office. The Court of 
Comraon Pleas ceased to exist many years ago; it is quite 
probable tliat at the time of its dissolution, the book 
of recorded v/ills was placed in the Surrogate's Office 
ae "being the most appropriate place for it. 

The regular records of the Surrogate's Office 
axe very vrell indexed, but none of the vrills in this 
book appear in the index. Hence these abstracts are of 
more than ordinary' genealogical value. Several of the 
wills, hov^ever, (as is noted after the respective abstracts) 
were proved also in the Surrogate's Court, generally prev- 
ious to their proof in the Court of Common Pleas, In such 
instances the wills will be found recorded also in the 
Surrogate's records, with proper references in the index. 

The record book is a small volume in a good 
state of preservation, 21 x SS^- cm. in size. It is 
lettered on the back of the cover, "RECORD OP T7ILLS. " 
The follo-vvlng abstracts include all the .vills found in 
the book. The rest of the leavi:3 after page 48 are blank. 
The numbers in en theses, near the middle of the page, 

preoeeding each abstract, refer to the number of the iiage 
of the original book on wliich the matter pertaining to 
each estate laegins. 

The following; abstracts are of a genealogical 
nature; they include the names of all persons mentioned 
in the originals, and give the location of all real estate 
mentioned, as a means of tr£,cing the migrations of thJs 
testator; but they omit (except where of especial interest) 
the specific bequests as v/ell as the descriptions of the 
boundaries of land. The making of more complete abstracts 
would have cons-omed much time and labor, without adding to 
their usefulness to a genealogist, though perhaps they 
would have "been of more value to searchers in other lines 
of work. 

Special pains have been taken to make certain 
that the names of all persons are given in the abstracts; 
a genealogist may therefore feel confident that if a name 
is not found here, it is quite useless to consult the 

A question-mark in parentheses (?) following a 
v/ord means that the word is somewliat illegible in the 
original, and may not have been copied entirely correctly. 

See the special note preceeding the will of 
Philip VanNess. 

These abstracts were made in October, 1931,, and 
the typewriting done in November 1921. 

Genealogist £ind Antiquaxian 

(Page 1 ) 

Will of "Gerrit C. Van Den Bergh of the manor 
of Rensijelaers V/yck in the County of Albany & State of 
New York." Dtited 26 l?ay 1784. To my "eldia" aon 
Cornelius Vanden Bergh my large Dutoh gun for his "birth 
right. My "wife Margrita Van Denbergh. My three sons 
Cornelius Vandenbergh, Volkert Vandenbergh and Gerrit 
Tuenisa Vandenbergh. My ss^id wife their mother. My 
daughter Maria Veindenbergh, Lajid in the patent of ^'"^^ 

Hosick and land in the patent of Thomas Pouvrel , lying in 
Kinderhook patent, bounded by land of Jan Martense Van 
Alstyne and Derike his wife, and by land of Gex-ret Theu- 
niase; land which Jan l^fextense Van Alstyne »s grandson 
Isaac Van Alstyn or his son nav lives on. My negro 
servants, J&.tt and her tv/o sons Tom and Trenck. My tv/o 
daughters named Maria and Elizabeth Van Veghten; their 
sisters Margrieta and Ci-xristiena. My five named daughters 
j;[aria, Lydia (?) , Margrietta, Christiena and Elisabeth, 
Executors my t.laree sons Cornelius, Volkert and Gerrit 
Theunisse Van Denbergh. Signed "Gerrit C. Vanden Bergh." 
Witnesses: Dirck Hansen, Wm. Ten Brook, N. V. Rensselaer. 

Proved in the Coiirt of Common Pleas in the 
County of Rensselaer, 19 Pebruaxy 1794, on the oaths of 
Dirck Hansen and ITicholas Van Rensselaer, t: o of the wit- 
nesses. Ordered to be recorded by Anthony Ten Eyck, Jolin 
Van Rensselaer, ajid Israel Thomj-aon, tliree of the Judges 

of the said court. Recorded 19 February 1794. Signed: 
N. Schuyler, clerk. 

( Page 7 ) 

Will of "Thomas Clarke of the City of New York, 
Gentleman, being aged and infirm but of good sound and 
disposing raind. " Dated 6 November 1776. My daughter 
llary Vassal wife of Ricliard Vassal Esq. My daughters 
Cloarity and l^Iaria Therissa, na.v uninarried. Residue of 
estate "together with my pev/ in Trinity Church in the City 
of New York" to ray beloved wife Mary. My son Clement 
Cooke Clc^rke. The children (not named) of Deborah Smith 
my wife' 3 sister. The children of Anne De Vinn (?) my 
3., .id V7ife's sister. Children of Lidia Watkins my said 
wife's sister. My niece Ilannah Rye, wife of Doctor R/e 
of the city of Bath in the Kingdom of Great Britain. 
The children of my deceased nephew Edward Johyle (?) late 
of the Kingdom of Great Britain, Esq. Executors: My 
wife IJIary, son Clement Cooks, brother-in-law John Y/atkins 
and sister-in-law Elisabeth Maunsel. Signed: Thomas Clarke, 
Witnesses: W. McAdam; David Jones; Clias. Korse. 

21 October 1777. Proved before Cary Ludlow, 
Surrogate for the city and county of How York, on oaths 
of David Jones, nerciiant, and Charles Tlorse, scrivener, 
both of said city, who sv/ear that they saw \;illiain McAdam 

sign as tiae other witness. 

21 October 1777. I.Caxy Clarke appointed 
executor and took oath. Gary Ludlov/, Surrogate. 

11 June 1795. Before the Court of Common 
Pleaa of the County of Rensselaer, at the Court House 
in Troy, came David Jones the only surviving witness of 
the v;ill of Thomas Clarke deceeised, and inade oath to the 
signing and sealing of the Scvne. Recorded and examined 
11 June 1795. N. Schuyler, clerk. 

. ( Page 14 ) 

Will of "Jesse Bacon of the TdTn of Troy in the 
County of Rensselaer and State of Nev Zork, Attorney at law." 
Dated 2 June 1803. Real estate in the to.Tn of Hoosick 
in the County of Rensselaer aforesaid. To James Dole, Esq., 
one hundred dollars. My wife lilargery and ray tliree children 
Julia, Francis and Jfery Ellis. Children now unmarried and 
under age. Jarnes Dole, Esq., to be guardian of ray son 
Francis. Books and papers relating to xay late co-partnership 
of ]~.ird and Bacon, to be delivered to Joim Bird. Executors: 
James Dole of Troy, and Samuel Starr and Daniel Jones, attor- 
neys at law, both of Troy. Bequest to Chloe Ellis. 
Signed: Jesse Paeon. Witnisses: Noble Stevfart; Jedediah 
Tracy; John Wright; Levi Stoughton, 

6 October 1803. Proved before the Rensselaer 
County Court of Common Pleas, on oaths of Levy Stoughton, 

JedediaJi Tracy, and John V^ight. Testator died on or 
about the 8th of June last. Recorded 6 October 1803. 
N. Schuyler, clerk. 

The above v/ill of Jesse Bacon was proved also 
in the Surrogate's Court of Rensselaer County, on 30 June 
1803, and is recorded in Book 2, page 55. 

( Page 20 ) 

V/ill of "Cornelius Smith of Pitts town in the 
County of Renssela-jr and State of Nev/ York. " Dated 
8 April 1800. Beloved v/ife Dorcas Smith. land in 
Pittetovm. My sons Corneilus Smith Junior and Darias 
Smith. My daughters Hephzeph Pollard and Tabatlia Brown. 
My daughter Sally Right (? Possibly Pieght ?), My son 
Issjuc Smith. Executor: son Isaac Smith. Y/itnesses: 
Saral. Eddy; Elkanah Smith; Israel Thompson. 

25 May 1804. Proved before the Court of Common 
Pleas of Rensselaer County on the. oath of Israel Thonip- 
son. Recorded 25 May 1304. N. Schuyler, clerk. 

The above will of Cornelius Smith was proved 
also in the Surrogate's court of Rensselaer County, and 
recorded 7 llay 1804 in book a, page 142. 

( Page 23 ) 

V/ill of "BenjciriTln Walworth of Hoaick in the 
County of Rensselaer and Stiite of New York. " Dated 
25 Pe'bruary 1812. My v;ife Apphia Wal^vorth. My daughter 
Rosamond B. BarlDer; my other tliree daughters Sarah D. 
Walworth; Apphia B. Walv/orth and Elvia Ann "'alv/orth. My 
son Jededieili H. Walworth. Land in Hyde Park in the State 
of Vermont, purchased from William S. Gardall. My grand- 
son Banjarfiin W. Barber. land in Grot ton in the State of 
Vermont. My grandson John JJL IL Barber. Porty acres 
of l<'ind in Grotton to Benjamin W, C&rdall. My grandson 
lorinzo Barber, no'Ti under 21 years of age. My other five 
sons, John Walvforth; James C. Wal?;orth; Reuben H. Walworth; 
Benjamin ^7al'.vorth; and Ilyram Walworth. Executors: Benjamin 
Kandsll ; Jir ah Baker ; Reuben H. Wain or th. Signed: 
BenJ. Walworth. 'Titnesses: James Latiirop; W. S. Cardell ; 
Mercy Cax'dell. 

28 May 1812. Proved in the Court of Common Pleas 
of Rensselaer County on the oath of James Lathrop of Hoosick, 
farmer; tho ether t\70 witnesses, William S. Cardell and 
Mercy Cardell being reaidents of the State of Vermont. 
Jarr'es V/alworth swears to the handwriting of the signature 
and that he is uncle of said testator. Recorded 30 }fe,y 
1812. R. 1/T. livings ton, deputy clerk. 

The above will of Benjamin Walworth was proved 
also in the Surrogate's Court of Rensselaer County on 
6 March 1812 and recorded in book 4, pac;e 74. 

( Page 27 ) 

Vill of "Sylvester Noble of Iloosick in the 
County of Renaaelaex and State of lIov,r York." My well 
respected wife Letsy Noble, My friends Aaron D. Patchin 
and Benjamin RaTidaO.! to divide estate and be executors, 
and also to "be guaxdians for ray sons Daniel Kibbe IToble, 
Horatio Nelson Noble, Horrace Leavins Noble, and Sylvester 
Brookins Noble, during their rainority. l'^7 v;ife Betsy 
iJobl3 to be guardian of my daughters Minerva Delia Noble 
and July Elma Noble during their minority. Dated at 
Hoosick, 25 February 1813. .Signed: Sylvester Noble. 
V/itnesses: Nathaniel Otis; Ezra Mosely; Rodolph Andrews. 
2 Ilarch 1814. Proved in the Court of Gonmon 
Pleas of Rensselaer County, on motion of oounsel, Sbenezer 
Wilson Junr. , on oaths of Nathaniel Otis of Hoosick, carpen- 
ter; Ezra lloseley of the same, merctiant; and Rodolph 
Andrews of the same. Physician. Recorded 13 I'ay (I) 1814. 
Jainea Dole, clerk. 

The above v;ill of Sylvester Noble was proved also 
in the Surrogate's Court of Rensselaer County and recorded 
9 1k:Xoh IfilS in Book 4, pajje 233. 

( Page 31 ) 
^111 of "John KcCoun Junior of Troy in the 

County of Rensselaer and State of Uew York." My wife 
Maria. Estate to "be divided among cliildren (not named) 
each one to have his or her share -vhen he or she arrives 
at age of 21. Posthujnous child or cliildren to share 
equally with the others. My slaves to he manumitted 
immediately after my decease. Executors: my wife 71aria; 
my brother To^wnsend McCoun; my hrother-in-law Morris 
8. Miller; they to he guardians of my children. 

Dated February 1812. Signed: John "TcCoun Jur. 

Witnesses: Joseph Card; Benjadmin Peirce; Russell W. Lev/is. 
Recorded 24 February 1819. Joseph D. Selden, clerk. 

last Monday in February, 1819. Proved before 
the Court of Common Pleas of Rensselaer County, on motion 
of Lewis Mitchell, counsel for M.aria McCoun. Very lengthy 
proceedings shovr that John Townsend McCoun v;as son and heir 
of John McCoun Jr. , and that he had been notified by M^aria 
McCoun, the wido^v, of her intent to prove the will, 
Townsend McCoun, testamentary guardian of said John Tovm- 
send McCo\m, had also been notified of intent to prove the 
daid will. John M. Card of Troy swears that said John 
McCoun Jr., died in or about August 1812; ?:ej:ia McCoun is 
his widow and is still living; said John McCoun vTr. left 
but two children surviving him, viz. John Tov/nsend McCoun 
now alive and under 21 years of age, and Elizabeth McCoun 
who died about 3 or 4 years after the death of her father, 
and at the time of her death was unmarried and about 12 years 
old. Svrorn to 24 7ebruary 1819 by John M. Card. 
Archi Bull, deputy clerk. 


Joseph Card of Troy, one of the witnesses of the 
will, sweard to the signing of the same, &c. , and swears 
that Russell II. Lewis now lives outside of New York State, 
at or near Blakely in the territory of Aia'baTna; tiiat 
John McCoun Jr. died in Aucust 1812 in his dwelling house 
in Troy, and was survived "by I.Taria McCoun his widow, and 
Eliza'beth IfcCcun ard Joh^i Townsend j.TcCoun hlo only children, 
which said Elizaheth llcCoun died after the death of her 
father, without issue. Sworn to 24 February 1819 hy 
Joseph Card. Archi Bull, deputy clerk. 

Benjamin Peirce swears on ssji^ day to same facta. 
Said will with proof . thereof was then ordered to "be recorded. 

The above will of John HcCoun Jr., was :^ roved 
also in the SurroGc^te'a Court of Rensselaer County, and 
recorded 5 September 1812 in hook 4, page 167. 

( ?ar,e 43 ) 

V;ill of "Joseph MoChesney of the Town of Troy 
in the County of Rensselaer and State of ITsw York." 
My -beloved wife I.^ary ITcChesney. Joseph Bakeman TTcChesney 
and Joseph Mullinix McChesney my two grandsons. My 
two sons, William and Samuel. My old farm lying on the 
lines of Elisha Adams and Moses Daseribury. "So liar mer horn 
purchis" of land. Executors: wife Ilary; Francis Collison; 
Rohert ?'cChe3ney. Dated 23 February 1807. Signed: 

Joaeph ITcCiiesney. mtnesses: Hugh McCheaney; Elisha 
Mams; Deric I. Vanderheyden. Recorded and examined 
25 February 1822. Ben. Smith, clerk. 

25 Pe\)ruary 1822. Proved in the court of Co-jnon 
Pleas of Rensselaer County, on motion of S^a^uel IfoChesney, 
one of the heirs. Elisha Adams swears he was acquainted 
with Joseph McChesney. late of Brunswick in Rensselaer 
county; that he died several years ago at his house in 
Brunswick; that he left at the time of his death two 
Children. Samuel I., and William; and that Hugh McChesney 
and Derick I. Vanderheyden, the other witnesses. :^e now 
iDOth dead. 

This appears to have h.en uae last will proved 
in the Court of Common Pleas of Rensselaer County. New 
York. The rest of the took containing the foregoing rec- 
ords, is hlank. 


The Trill of Philip Vanllesa is here included 
iDecauge it, like the foregoing, is unindexed and 
therefore not availa"ble to searchers unless they 
happen to know of its existence. The original will 
is now to DC found in the office of the Surrogate of 
Rensselaer County, ITew York. It is "bound Toy itself, 
in a Ccj:d'board cover, size 21 x 33 cm. There is 
no note shov/ing wliether or not it was over proved, 
"but the interested searcher will probably find that 
it was properly proved and recorded in Washington 
County. No explanation can "be offered of why the 
original, "bound as it is, is now in the Rensselaer 
County Surrogate's office. In the early days the 
Surrogates often returnsd the original wills, after 
recording theri, to the executors. This will may thus 
have travelled from hand to hand until it came into the 
possession of one who had no interest in it, who deposited 
it in its present resting place. 

This a"b3 tract, like the preceeding ones, mentions 
every person named in the original. 

Will of Philip Van ITess 

"In the nosne of God, I Philip Van Ness of the 
to';m of Ganbridge in the county of Vfeshington and State 
of New York, Parmer," "To Philip VanHeas, Tfergaret Van 
Ness, Eve Van Ness and Henry Van Ness, the children of my 
eldest son Gerrit Van Ness and Sarah and ITurgaret his 
respective wives" all that faxm whereon the widov; Iiargaret 
and hor children do now reside, situate in the tovm of 
Scachticoke, Unto Tueunis VanVeightsn and Margaret 
Groesteck, a house and lot in Schenectady and one hundred 
pounds to be paid then by wy youngest (.') daughter Catalyna 
within one year after the decease of ray present wife. 
"The above named Teunis and Ifergaret are the children of 
Dirck VanVeghten and Catalyna my eldest (!) daughter." 
To daughter Catharine certain lota of leaid in the Hosack 
patent, formerly in the County of Albany but now in the 
County of T7ash:.ngton, which la.nd was "conveyed to me by 
Arent J. Schuyler and Swan Schuyler and their respective 
vriven in Septeinber in the year of our Lord one thousand 
seven hundred and eighty five," Also unto said daughter 
Catharine, one hundred pounds lawful money of New York. 
"To n^;- daughter liaritie the vrife of Ifertin VanBuskerk" part 
of a lot in Hosick patent, now part in possession of the 
said llartin VanBuskerk, bounded (in part) by "land now in 
possession of John Gordon." To "Sarah my daughter the wife 

of John Gordon" another part of the same lot in Hosiclc patent. 
"To Catalyna my youngest daughter" the remaining one-third 
part of the said lot number 27 in the Hosick patent. 
My wife to enjoy the rents and profits of njy saw and grist 
mill during her widowhood, and after her decease or remar- 
riage the aaw and grist iTJill axid land around it to go to 
my children Maritie, Sarah, Catharine and Catalyna as 
tenants in common, and also the fall in the creek, aToove 
the mill. My 'beloved wife Helena executrix and Hicholas 
Groesbeck executor. Dated 10 July 1794. Signed; 
"Philip Van ITes. " Witnesses: G. Wendell; Philip V. K. 

Bushkark; James (sujcname ends in letters "BE.") 

Codicil dated 9 Deoenber 1794, also signed 
"Philip Van Hes'^ and witnesaod "oy the same parties. 
Whereas since roaking the annexed will I have disposed of 
the house and lot in Schenectady to Jerenimus Barheydt by 
indenture bearing even date with tMs codicil; therefore in 
lieu of the bequest of land I bdqueath "unto Teunis Van 
Vechten and liaxgaxet the wife of Hyndert Groesbeck being; the 
children of liiy daughter the ?rife of Dirck VanVeohten, " the 
sum of one hundred pounds to be equally divided between them. 
The residue of my personal estate to be equally divided 
between my four daugiiters now living, naj.iely "Maratie tJrie 
wife of ir^tin VanBuskerk, Sarali tJrie wife of Jolin Gordon, 
Catharine, and Catalina. " 


Married women appear in the index under both their 
maiden names and their married names, whenever both 
names are clearly shown by the context. 

Look for all possible spellings of the desired surname. 


Elisha, 12, 13. 


Rodolph, 10. 


Prancis, 7. 
Jss'ie, 7, 8. 
Julia, 7. 

FuiTgcry, 7. 
Ifejy E. , 7. 


Jirah, 9. 


Benjamin W. , 9. 
John M.M. , 9. 
Lorinzo, 9. 

Rosamcnd B. , 9, 


Jereniraus, 16. 






Tabathu., 8. 


Arclii, 11, 12. 


Jolui lu , 11. 
Joseph, 11, 12. 


Benjamin ¥. , 9. 
Mercy, 9. 
William 8. , 9. 


Glxarity, 6. 
Clement C. , 6. 
Maria T. , 6. 
Mary, 6, 7. 
Thomas, 6, 7. 


I^ancis, 12. 

DE vimi (?) 
Anne, 6. 


James, 7, 10. 

?Io3e3, I'j. 


Samuel, 8. 


Chloe, 7. 

PREITCK (Negro) , 5. 


John, 15, 16. 
Sarali, 15, 16. 


liargaret, 15, 16. 
Myndert, 16. 
Nicholas, 16. 

Dirck, 5. 

Edward , 6 . 

Daniel, 7. 
David, 6, 7. 


Benjamin, 9. 

Jacies, 9. 

Russell M(?) , 11, 12. 
Russell ¥(?) , 11, 12. 

R. M. , 9. 


Gary, 6, 7. 


William, 6. 

Hugh, 13. 
Joseph, 12, 13. 
Joseph 33. , 12. 
Joseph M. , 12. 
Ilkry, 12. 
Robert, 12. 
Sonuel, 12, 13. 
Samuel I. , 13. 
'.Viiiiani, 12, 13, 


Elizcibeth, 11, 12. 
John Jr. , 10, 11, 12. 
John T. , 11, 12. 
l^aria, 11, 12. 
Towns end, 11. 

MATT (Negro) , 5. 


Elizabeth, 6. 


Ilouris S. , 11. 

Lev/is, 11. 


Charles, 6. 

Ezra, 10. 


Itenck, 5., 5. 
Tom, 5. 


Betsy, 10. 
Daniel K. , 10. 
Horatio N. , 10. 
Ilorrace L. , 10. 
July E. , 10. 
Minerva D. , 10. 
Sylvester, 10. 
Sylvester B. , 10. 



. 10. 

Aaron D. , 



11, 12. 

Sally, 8. 




Thomas , 5 , 




RIGHT (?) 
Sally, 3. 


. 6. 

Hannalx, 6, 


. 12. 



Arent J. , 15. 
N. , 6, 7, 8. 
Swan, 15. 


Joseph. 'D. , 11. 


CharlGs, 1, 4. 


Ben , 13 . 
Cornelius, 8. 
Cornelius Jr. , 8. 
DariciS , 8. 
Delaorah, 6. 
Dorcas, 8. 
Elkanali , 8 . 
Hepzeph, 8. 
Isacc, 8. 
Sally, 8. 
Tabatha, 8. 


Sarnuel, 7. 

llo-ble, 7. 

Levy , 7 . 

^.'illiam, 5. 

Anthony, 5. 

Gerret, 5. 


Israel, 5, 8. 

TOM (Negro) , 5. 


Jedediah, 7, 8. 


Maritie, 15, 16. 

llartin, 15, 16. 

Philip V.N. , 16. 

Derilre, 5. 
Isaac, 5. 
Jan M. , 5. 

CVjriatiena, 5. 
Cornelius, 5. 
ElizaToeth, '5. 
Gerrit C. , 5. 
Gerrit T. , 5. 
Lydia (?) , 5. 
llargr i ta , 5 . 
?taria, 5. 
Volkert, 5. 

Derick I. , 13. 


Catalyna, 15, 16. 
Catharine, 15, 16. 
Eve, 15. 
Gerrit, 15. 
Helena, IG. 
Henry, 15. 
Margaret, 15. 
Ilaxitie, 15, 16. 
Philip, 14, 15, 16, 
Sarah, 15, 16. 

John, 5. 
Nicholas, 5. 

Catal^rna, 15. 
DircV, 15, 16. 
Elizabeth, 5. 
Jiargaret, 15, 16. 
JTaria , 5 . 
Teunia , 15, 16. 

Ifery, 6. 
Ric)ua,rd, 6. 

Apv.hia, 9. 
Apphia B. , 9. 
Benjamin, 9. 
Elvia A. , 9. 
Ifyram, 9. 
Janes, 9. 
James C. , 9. 
Jedediah H. , 9. 
John, 9. 
Reuben H. , 9. 
Rosamond B. , 9. 
Sarah D. , 9. 

Jolin, 6. 

G. , 16. 


Ebeneser Jr. , 10. 


John, 7, 0. 

Jarnes, 16. 

Prenck, 5. 
llatt, 5. 
Tom, 5, 





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