Document: Petition of Peter Wolphertsen van Couwenhoven for an injunction against the execution of a judgment obtained against Jacob van Couwenhoven

Holding Institution
Document ID
NYSA_A1809-78_V08_0291
Description

Petition. Peter Wolphertsen van Couwenhoven, praying an injunction against the execution of a judgment obtained by certain parties against Jacob van Couwenhoven, until his father Wolphert Gerritsen van Couwenhoven shall account for his and his deceased brother Gerrit's shares of their mother's estate.

Document Date
1656-12-06
Document Date (Date Type)
1656-12-06
Document Type
Document Type Unlinked
Petition
Full Resolution Image

Translation
Translation

[several lines lost][i] of New Netherland [ ] makes known [ ] humble reverence, Pieter Wolpherts van Couwenhoven, son of Wolphert Gerritsz van Couwenhoven, both for himself as well as uncle and blood guardian of the underage children of Gerrit Wolpherts van Couwenhoven, his deceased brother, how it is that the petitioner’s aforesaid father up until this date has not provided the least amount of proof of his aforesaid mother’s and the aforesaid children’s grandmother’s estate although the same died many years ago; being his aforesaid father, considering his advanced age of now about 80 years, has remained in full possession [ of that estate ] in order to be able to live therefrom now out of necessity, and whereas the petitioner realizes that his aforesaid father is very much involved with being security for a considerable amount of money for his, petitioner’s, brother Jacob van Couwenhoven, placing for satisfaction of the same as a special pledge his breweries, livestock, and whatever else he otherwise should not use, as the usufruct and livelihood, maintaining (subject to correction) that he not be allowed to alienate nor disturb the goods and effects which he owns in common with the estate; much less because of his advanced age and that the petitioner is afraid that, by virtue of the judgment pronounced by the honorable court of this city for the charge of the aforesaid Jacob van Couwenhoven, his said father, the breweries and effects belonging to his father shall be appropriated and sold to the great prejudice and detriment of him, petitioner, and consequently the aforesaid orphans; and, so that herein may be provided as is appropriate, the petitioner requests that your highly esteemed honors’ writ of summons whereby Claes Bordingh and Pieter Jacobs Marius, who obtained the aforesaid judgment,[ii] together with the bailiff or court messenger who carries out the order and all others, if need be, to forfeit upon certain great punishment against the high authorities, commanding and ordering the execution of the aforesaid judgment regarding his aforesaid father to supersede and cease, with interdiction thereon, moreover to proceed, at the time and moment his aforesaid father shall have done for the petitioner, in his capacity of presenting proper proof of his aforesaid mother’s and grandmother’s estate; and, in case of opposition, the aforesaid punishable orders and interdiction cease (parties being heard); otherwise, your honors shall order the opponents to appear before your honors to answer to the reasons of such a claim and judgment thereon, just as the petitioner shall do and take from the aforesaid case and to proceed further according to the law. Thus doing etc. (was signed)

Pieter van Couwenhoven

Translation Superscripts
[i]: See RNA 2:182–183 for related proceedings.
[ii]: See RNA 2:242 for this judgment.
References

From the collections of the New York State Archives, Albany, New York.  https://www.archives.nysed.gov/  

Translation link see: http://iarchives.nysed.gov/xtf/view?docId=tei/A1809/NYSA_A1809-78_V08_0291.xml

Published bound volume is also available: Translation: Scott, K., & Stryker-Rodda, K. (Ed.). New York Historical Manuscripts: Dutch, Vol. 4, Council Minutes, 1638-1649 (A. Van Laer, Trans.). Baltimore: Genealogical Publishing Co., Inc.: 1974.

Copyright to the published bound volume is held by the Holland Society of New York.
A complete copy of this publication is available on the
New Netherland Institute website.

To Party 1
To Party 1 Text Unlinked
Jacob van Couwenhoven
To Party 1 Entity
From Party 1
From Party 1 Text Unlinked
Peter Wolphertsen van Couwenhoven
From Party 1 Entity
From Party 2
From Party 2 Entity
A1809 Additional Party
Document Location