For additional info, see below
Hendrick Hendricxzen Verhaer LXVI
Opten 3en december 1638 compareerde voor
weesmeesteren Hendrick Kittesteyn ende vertoonde
van wegen Josyntge Aelbrechts weduwe van
Hendrick Henricxzen Verhaer seecker testa-
ment bijde voornoemde Josyntge ende haren zaliger man
opten 26en september 1624 voor Willem de
Langue notaris ende getuygen gepasseert ende
bij hem metter doot geconfirmeert, bij t'welcke
bevonden is de weescamer uytgesloten te wesen.
Actum voor alle drie de weesmeesteren
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Hendrick Hendricxzen Verhaer 66
On the 3rd of December 1638 appeared before
the governors of the Orphans' Chamber Hendrick Kittesteyn and he showed
on behalf of Josyntge Aelbrechts, the widow of
Hendrick Henricxzen Verhaer a certain will
drawn up by the aforementioned Josyntge and her late husband,
which will was passed on the 26th of September 1624 before notary Willem de
Langue and witnesses and to be
confirmed [=put into effect] by his [= Hendrick Hendricxzen Verhaer's] death, in which will it was
found that the Orphans' Chamber should be excluded.
Done before all three governors of the Orphans' Chamber.
Hi Anne,
This is an example of the Orphans' Chamber being excluded by will from meddling with the inheritance for and legal guardianship over children. If a married couple had children and one of both parents died, all children were entitled to their childs' part of the inheritance of the deceased parents. The surviving parent then needed to make arrangements for the children who were offspring of their marriage. The surviving parent needed to make sure that the children would receive their childs' part of the inheritance once these children would come of age (children alread come fo age were immediately entitled to their part of the inheritance, but in many cases allowed the surviving parents to make use of their part (granting the surviving parent the usufructus of the inheritance) and to assure legal guardians were appointed for in case the surviving oparent would also die before children would have come of age. There were several ways:
1. not arranging anything: in that case the (governors of) the local Orphans' Chamber would take action (as the city's government formally acted as 'supreme guardian' over orphans; please note that back then one was also called an orphan when onl one of both parents had died)
2. making an arrangement with the Orphans' Chamber, usually existing of a deposit in cash or valuables and naming the intended legal guardians
3. excluding the Orphans' Chamber: in that case, the surviving parent (or her representative, as women were not entitled to make formal arrangements back then) had to prove that measures were taken to guarantee the inheritance to and assure legal guardianship over those children whon had not come of age yet; usually this was done by will or another agreement certified by a notary and witnesses present; the document then would explicitly state that the (governors of) the Orphans' Chamber in the town the surviving parent would die in had to be excluded from making any arrangements for the inheritance and/or the guardianship.
Option 3 often was used when the parents had considerable assets and would like to prevent any third external party being involved...
Anne
zei op donderdag 13 februari 2025 - 10:38