Legal document 1654- Delft

page 2

p.3- with signatures...

Dear Anne, the document is a quite regular mutual will usually made up in case there was a risk of death approaching and there were children.

Simon Mesch, himself a notary in Delft and his wife Barbara Cornelis Rotteveel both appeared before a fellow notary Govert Rota in Delft. According to the introduction Simon was bodily ill and lying in bed and his wife just had given birth, but both were sound of mind. They mutually appointed each other as sole and universal heir.

The text in the margin states however that Simon also bequested his mother Elisabeth Jorisdr Roscam with a legacy of 50 carolus guilders, to be paid annually by his widow to his mother.

The surviving partner would be entitled to treat the inherited goods as if those were his/her own property, on the provision the surviving parent would make sure that any children born out of their marriage would be raised, taken care of, given food and drinks, be clothed, and be sent to school in order to learn to read, write and to become a skilled craftsperson in order to be able to earn their own living. The surviving parent is held to do so in sickness and in health until these children will have come of age or until these children got married.

At the moment a child would come of age or would marry, the surviving parent should provide this child with an amount of 600 carolus guilders. In case the surviving partner would remarry this amount would be double: 1200 guilders at the time a child would come of age or would be marrying.

Also, the children from the first marriage would be entitled to their individual part of the goods inherited from the deceased parent.

If any of the children would die before the death of the surviving parent, the inheritance part of this child would befall to the other children.

If all children would have died before the death of the surviving partner, the surviving partner would be held to hand over the wollen and linnen clothing of the first deceased as well as an amount of 600 guilders to the next of kin of the deceased; two legacies do however have priority in the latter situation: of the mother of Simon would still be alive, she would remain entitled to her annual legacy of 50 carolus guilders; in case the parents of Barbara would still be alive when shed died, they would inherit both Barbara's wollen and linen clothes as well as a sum of 600 carolus guilders.

On the third page, both partners mutually appointed each other as legal guardian to their child(ren) after one of the partners would have died and they excluded the local Orphan's Chamber or any other legal institution to meddle in this, as this mutual will covered all legal obligations towards their children (i.e., guaranteeing the children's part of the inheritance as well as appointing a legal guardian).

Dear Rene

Absolutely brilliant as always. Thank you so much :-)

That helps explain why the Delft archives called Elizabeth Roscam  'heir'.

Also really interesting that Barbara and Simon excluded legal institutions from meddling with their affairs. Simon must have been confident and trusting of Barbara to take care of their 3 children without external help- which she did.

However it must have been a grim start to the new year of 1654 for Barbara and Simon. Barbara had just given birth less than 2 weeks before the will was written and Simon died 8 days later.

warmest best wishes

Anne