Pre-Nuptial Agreement between Tannatje Adams and her husband Martin Cornilesse Van Buren
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In the name of God, Amen. Know all men who it may concern that on the seventh day of the month of May, at New Albany, anno 1693, being the fifth year of the reign of William and Mary, King and Queen of England, Scotland, France and Ireland, Defenders of the Faith, etc., Marte Cornelisz, widower of Marrytie Quackenbosch, and Tanne Adams, widow of Pieter Winne, are resolved in the name of God to enter into the married state, but before the solemnization of the marriage they have thought it advisable to have the following terms and conditions drawn up, to wit:
First, each party's real estate is to remain outside the community property, but the usufruct thereof is to be in common as long as the marriage lasts.
Secondly, the pots, kettles, pewter, farm utensils, etc., which each party contributes to the marriage shall according to the inventory thereof be again taken out of the community property as soon as one of them dies and, and as well as the real estate and all the linen, and woolen clothing of the predeceasing spouse and the chest or chests, closet or closets which he or she contributed to the marriage, they shall got the side whence they came.
Third, the debts contracted by each party before marriage shall be separate from the community property and be vorned by each party personally, the debts of him or her who dies first being payable by his or her heirs.
Fourth the bridegroom shall out of his own property and effects, in commemoration of this marriage, offer to the bride a silver cup, having the weight of eight pieces of eight, which shall remain separate from the community property and, if she happens to die before the groom, go to her children or heirs before any division takes place.
Fifth, the bride retains apart from the community property the Negro whom she now has, of whom during the marriage they shall both have and enjoy the use and labor, but, if the bride happens to die before the groom and the said Negro shall then be still alive, he shall, before any division is made, go to her children or heirs, but if he be deceased no compensation shall be made for him.
Sixth, the bridegroom and the bride shall contribute to the communion property of this marriage all their other property and effects, including all live stock, such as horses, oxen, cows, sheep, hogs, geese, hens, etc., without any reservation, to be employed according to the usual practice in case of marriage, but after the death of the predeceasing spouse the estate in its entirety as it shall then be found shall be divided into two equal portions, of which the survivor of the two shall receive the just half and the children or heirs of the predeceasing spouse the other half. However, with this understanding and express condition that as regards the real estate and the inventoried property the procedure shall be as herein before stated.
Seventh, it is further stipulated the bridegroom, our of the community estate and property, shall build a dwelling house on his farm situated at the Kinderhoeck, in return for which the bride shall receive the rent of the aforesaid farm, namely, as much as it has brought during the last two successive years, which she is to take out of the rent of her own land and which is to remain for the bride apart from the community property and which, if she dies first, is to go to her children or heirs before any division is made, together with the aforesaid silver cup and the Negro above mentioned, if he is then still living.
Eighth the minor children of the respective parties shall out of the community property and estate be properly provided until they become of age and if they marry they shall our of the community property receive a proper outfit according to the time and circumstances, if the bridegroom and bride shall then still live together.
All that is herein before written, the bridegroom and bride declare to be their marriage contract, which they desire to take effect from the least to the most important article inclusive, binding themselves thereto according to law. In witness of the truth, they have without guile or deceit signed and sealed this with their own hands, on the aforesaid 7th of May 1693.
Marked and sealed by Marte Cornelisz
and also marked and sealed by Tanne Adams, at about half past eleven
o'clock in the forenoon
[witnessed by Hendrick Hanse, Wessel Ten Brock, J. Becker]
N. B. The original is in the custody of the parties.
[In a note at the end, van Laer gives the inventories (both taken 7 May 1693) of the bride and bridegroom which according to the contract were items to remain outside the community property. -- The bridegroom's inventory mentions 3 wagons, 2 plows, 2 harrows and 1 sleigh, with their appurtenances; a number of scythes, grain hooks, spades, axes, and other farm utensils, and some pots and kettles and pewter articles. The bride's list mentions 1 plow, 1 harrow, 2 wagons and 2 sleigh; many farm and household utensils, a number pewter platters, plates, cups, and candlesticks and, in addition, 4 silver spoons and 1 silver punch cup, holding one gill.
The ante-nuptial contract between Marte Cornelissen and Tanne Adams, widow of Pieter Winne, is in the Livingston-Redmond Papers, which were loaned to the NY State Library c 1930 for study and examination. At that time A J F van Laer translated and published several of the Dutch documents that were in the possession of the first Robert Livingston, who served as Albany County Clerk for many years. Van Laer published several of them in an article called "Albany Wills and Other Documents 1665-1695", in Dutch Settlers Society Yearbook 6: 21 (1931), pp 13-26).]
(thanks to Ruth Piwonka, Kinderhook, NY)
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