A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
take her away from the farm, and all will be left for the children,
Cornelius Catts and David Catts, heef and heef.'"[832]
[Footnote 831: J. M. STEARNS.]
[Footnote 832: STILES, _History of Brooklyn_, I, 233, 234.
The author adds: "So also in the will of John Burrows, of Newton,
July 7, 1678, he devises to his son John his then dwelling-house,
farm, orchard, out-houses, and lands, etc. 'But not to dispossess
my beloved wife during the time of her widowhood. But if she
marry, then her husband must provide for her as I have done.' So
also the will of Thomas Skillman, of Newton, in 1739."--_Ibid._,
233, 234.
"Often joint-wills were made by husband and wife, each with
equal rights, if survivor. This was peculiarly a Dutch fashion.
In Fordham, in 1670 and 1673, Claude de Maistre and his wife
Hester du Bois, Pierre Cresson and his wife Rachel Cloos,
Gabriel Carboosie and Brieta Walferts, all made joint-wills.
The last-named husband in his half of the will enjoined loss
of property if Brieta married again. Perhaps he thought there
had been enough marrying and giving in marriage already in
that family, for Brieta had had three husbands,--a Dane, a
Frieslander, and a German,--and his first wife had had four, and
he--well, several I guess; and there were a number of children;
and you couldn't expect any poor Dutchman to find it easy to make
a will in all that confusion. In Albany may be found several
joint-wills, among them two dated 1663 and 1676; others in the
Schuyler family."--EARLE, _Colonial Days in Old New York_, 54,
55.]
It was not, however, the first husband alone who took such
precautions. After betrothal careful marriage contracts were often
drawn up when either a widow or a widower was about to re-enter
wedded life. The following is a sample of these stipulations, dated
July 27, 1656:
"Appears Geertruyt Jacops, widow of the late Mr. Roeloff de Haes,
now betrothed to Jacob Crabbe and declares her intention of proving
and assigning their father's inheritance to the children, left by
him, Mr. de Haes, and born in wedlock by her, Geertruyt Jacops,
to wit Johannes de Haes, old about 10 years, Marrietje de Haes,
old about 9 years, and Annitje, old about three years, and assigns
herewith to each of the aforesaid children the sum of 6 carolus
guilders, declaring at the same time upon her conscience, in place
of an oath that she, affiant, hereby satisfies the aforesaid
children out of their father's inheritance and this declaration
is made in presence and with the consent of her affianced
husband Jacobus Crabbe, and she Geertruyt Jacops, has nominated,
constituted, and appointed ... as guardians of the aforesaid
children the Worthy Oloff Stevensen and Hendrick Kip, both burghers
and inhabitants of the Manhattans."[833]
[Footnote 833: Before the vice-director on the Delaware: FERNOW,
_Doc. Rel. to Col. Hist. of N. Y._, XII, 149, 150.
Public-domain text, read in full here on John Shaqi.
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