The Will of Philip Folkertse, 1740

Line of Descent:
Dirck VOLCKERTSZEN DE NOORMAN and Christina VIGNE
Volkert DIRCKS and Annetje PHILIPS
Philip VOLKERSE (FOLKERSE, FOLKERTSE, FOLKERTZE, etc.)


Philip Volkerse was born in Bushwick, Kings County, New York in 1670 and died in Somerset County, New Jersey, by June of 1740.  His will was written in January of that year.  Philip was obviously a man who planned ahead - and beyond the grave - because his will would keep the executors busy for almost a decade after his surviving wife's death.
  A copy of the will was provided by one of our cousins who is a descendant of Philip's daughter Rebecca Folkertse (Fulkerson) Tunison.  Below is a transcript of the original handwritten text, formatted for this page.  Some punctuation has been added, as well as a few notes or clarifications which are in brackets.  Written on the outside of this large, folded will is the county recorder's notation:

Philip Folkertse's
Will of Somt. County
Proved in June 1740
Recorded in Lib. 6 of Wills
fol. 342 to 345


The Will

  In the name of God, Amen. The fifteenth day of Januaris in the year of our Lord Christ one thousand seven hundren and thirty nine or forty, I, Phillippus Folkertze of the County of Somersett in the province of East New Jersey, yoeman, being very and weak in body but of perfect mind and memory, thanks be given unto God, therefore calling into mind the mortality of my body and knowing that is appointed for all men once to die, do make and ordain this my last will and testament,

  that is to say principally and first of all I give and recommend my soul into the hands of god that gave it and for my body I recommend to the earth to be buried in a Christian-like and decent manner at the discretion of my executors, noting doubting but at the general resurrection I shall receive the same again by the mighty power of God, and as touching such worldly state wherewith it hath pleased God to bless me in this life I give, devise and dispose of the same in the following manner and form. In the first place it is [my] will and desire that all my lawful debt shall be paid out [of] my moveable estate.

  I do further give and bequeath unto Mettie my beloved wife to be maintained and supported out [of] my estate during the natural life of my said wife Mettie.

  And I do give to my son Folkert [father of Fulkard Fulkerson] for his birth right my great [illegible] what I have given to him before. I give unto my son Phillippus my gun, and give to my son Dirck two of my horses which he shall please to take of my horses. I have agreed with my son Dirck for my dwelling house and land, that my said son Dirck was to pay for my said house and land the sum of seven hundred pounds current proclamation [currency] of New Jersey and maintain and support my said wife as above said and I have signed and sealed a deed for same and do [illegible] the deed in the hands of my sons; and if my son Dirck shall give good and sufficient security to maintain and support my said wife as above and give good and sufficient bounds [bonds?] to pay the sum of seven hundred pounds current money aforesaid in manner and form following.

  That is, to my son Phillippus, his heirs and all assigns, ye sum of one hundred pounds, proclamation mouney as above said one year after decease of my said wife Mettie;

  And one hundred pounds of the like money two years after [the] decease of my said wife Mettie, [to] Phillippus and my son Joseph and my daughter Rebecca and my daughter Amatie, their heirs and assigns to be divided amongst them equally;

  And also three years after the decease of my said wife Mettie, ye sum of one hundred pounds of the like current money aforesaid to my said son Phillippus and my son Joseph and my daughter Rebecca and to my daughter Amatie, their heirs and assigns to be divided among them equally;

  And also four years after the decease of my said wife Mettie ye sum of one hundred pounds of the like money aforesaid to my said son Phillippus and my son Joseph and my daughter Rebecca and to my daughter Amatie their heirs ans assigns, to be divided amongst equally;

  And also five years after the death of my said wife mettie ye sum of one hundred pounds of the like money for said to my son Phillippus and my son Joseph and my daughter Rebecca and my daughter Amatie, their heirs and assigns, to be divided amongst them equally;

  And also six years after my said wife Mettie been decease ye sum of fifty pounds to my said two daughters Rebecca and Amatie, their heirs and assigns to be divided amongst them equally;

  And also seven years after decease of my said wife Mettie ye sum of fifty pounds of the like money aforesaid to my daughters Rebecca and Amatie, their heirs and assigns, to be divided amongst them equally;

  And also eight years after decease of my said wife Mettie ye sum of fifty pounds of the like money aforesaid to my daughters Rebecca and Amatie, their heirs and assigns, to be divided amongst them equally;

  And also nine years after decease of my said wife Mettie ye sum of fifty pounds of the like money aforesaid to my daughters Rebecca and Amatie, their heirs and assigns, to be divided amongst them equally;

  And if my son Dirck is not willing to stand by the said agreement then give full power to my executors to sell my land to the highest bidder of my all my sons and to maintain my said wife out of the money.

  So as it is above said and the overplus to be divided amongst my son Dirck and Phillippus and Joseph and my daughters Rebecca and Amatie equally in proportion and destroy the said deed.

  To further give all my moveable estate to be divided amongst all my children in equal proportions by name - Folkert, Johannis, Phillippus, Joseph and Dirck, Rebecca and Amatie witin six months after my decease - except my two Negro wenches [slaves] shall be for the use for whoever maintains my said wife during the natural life of my said wife Mettie, and after her decease to be sold and the money to be divided equally amongst my children as the moveable estate.

  If any of my children happen to die before division is made, without issue or children that then the [illegible: portion or possession] of them to be divided equally amongst my other children or else the child or children instead of any of them so dying.

  I do further constitute, make and ordain my beloved brother Dirck Folkertse and my son Johannis Folkertze and my son and law Cornelis Middleswart executors of this my last will and testament, to act and execute this my last will and testament as near as can be done by them or by any two of them, and I do hereby utterly disallow, revoke and disanul all and every other former testaments, wills and legacies, requests and executors by me in wise before this time, named willed and bequeathed. Ratifying & confirming this and no other to be my last will and testament, in witness whereof I have hereunto set my hand and seal the day and year above written.

Phillippus "P" his
Folkertze
mark


Reading of the Will, 17 June 1740

Signed, sealed, pronounced and
declared by the said Phillippus
Folkertze as his last will and
testament in the presence of
the subscribers

Folkert Rapalie
Dirrik Rappaljee
Pieter Leffertze

Be it Rememberd that on the seventeenth day of June in the year of our Lord one thousand seven hundred and forty Folkert Rapalie and Dirrik Rappaljee personally came before me Thomas Bartow duly deputed and appointed to prove wills, do and being duly sworn on the holy evangelists of allmighty God, deposed that they were present and saw Phillippus Folkertze, the testator within named, sign & seal the within written instrument and heard him publicly pronounce and declare the same to be his last will and testament and that at the doing thereof the said testator was of sound mind and memory to the best of their knowledge and as they believe and that at the same time Pieter Leffertze the other subscribing witness was present and signed his name above as a witness thereof together with those deponents in the testator's presence.

Thos. Bartow

Be it also known that on the day above, Johannes Folkertse & Cornelius Middleswart, two of the executors in the written will named & appointed personally came before me and were sworn to the due execution & performance thereof according to law.

Thos. Bartow


Dirck's Renunciation, 19 June 1740

Philip (b. 1670) named his older brother Dirck (b. 1667, AKA Richard) as one of the executors.  Dirck may have realized that this task would require more than his age, health or abilities would allow.  Two days after the reading of the will, he absolved himself of the responsibility.  Dirck did, however, live to the age of 87, as he died on 22 June 1754.  Then again, his reluctance may have been just one of those "family matters."

Written on the outside of the folded document:

Richard Fulkers
Renunciation
1740


To all Christian people to whom it may concern that I Dirck Fulkers of the County of Somersett & province of New Jersey, being nominated by my brother Philip Fulkers of ye County & province aforesaid before his decease to be executor to his estate after his decease, whereas upon sundry consideration do acknowledge myself unwilling to undertake the same. Given under my hand this 19th day of June 1740.

[witness]
  H Moore    [in scrawled writing:]  Dirck Vokes...

  In the presence of
    George Prior
  [large signature:] Richard Folkers



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