The Huyck Bain Crandell Collection, Document BH013
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1734-09-16 First Half of a Two-Document Lease and Release Conveyance Between Johannis Huygh and Burger Huygh
This is the first half of a two-document lease and release conveyance: a standard English common law method of transferring land title without the formality and expense of a public transfer of title. Unfortunately, the second half of this transfer is not to be found in this collection.
Image: BH013 obv.jpg
Image: BH013 rev bottom.jpg
Transcription
This Indenture Made and Concluded this Sixteenth day of September in the Eight year of the Reign of our Soveraign Lord George the Second by the grace of God of great Brittain France and Ireland King Defender of the faith &tc and in the year of our Lord Christ one thousand Seven hundred thirty and four, Between Johannis Huygh of the Kinderhook in the County of Albany Yeoman of the one part, and Burger Huygh of the same place and County Yeoman of the other part Wittnesseth that the said Johannis Huygh for and in Consideration of the sum of five Shillings Currant Money of the Colony of New York to him in hand paid at and Before the Ensealing and delivery of these presents by the said Burgher Huygh the Receipt whereof he doth hereby acknowledge Hath therefore granted bargained Sold and Confirmed and by these presents doth grant Bargain sell and Confirm unto the said Burger Huygh all that Certain peice tract or parcell of Land Scituate Lying and being at Kinderhook in the County aforesaid on the North side of the Kinderhook's Creek, beginning at the said Creek Where a Small rivulet Which runs out of the Pomponick Marsh or Vley into the said Creek, thence up the Stream of the Said Creek to the Place Where Peter Bosie formerly Lived, thence to the Kings Road, thence along the said Road to the Bridge, which Lyes over the said Rivulet, which comes out of the said Pomponick Marsh, thence down the Stream of the said Rivulet as it runs to the said Creek or place first Begun, With all and Singular the Buildings fences, Woods underwoods, feedings, Pastures, Profits, Benefits Libertys, Priviledges and hereditaments to the Same Belonging or any Ways appurtaining, and the reversion and reversions, Remainder and Remainders, Rents Issues and Profits thereof TO Have and to hold the before granted peice tract or parcell of Land and premises Expressed or meant Intended or Mentioned to be hereby granted bargained & sold with their and every of their appurtenances Unto the said Burger Huygh his heirs Executors admins or Assigns, from the day of the date of these Presents for and dureing and unto the full end and term of one Whole year from thence Ensueing and fully to be Compleat and Ended Yielding and Paying therefore unto the said Johannis Huygh his heirs and assigns the Rent of one Peper Corn only, at the feast of the Blessed Virgin Mary (if the same shall be Lawfully demanded) to the Intent and By Vertue hereof and of the Statute for transferring uses into Possession the said Burger Huygh may be Enabled to Receive and take grant and release of the Reversion and Inheritance of the said Lands and premises and May be in actuall Possession of the same to the only use benefitt and behoof of him the said Burger Huygh his heirs and assigns forever, in such sort and manner and form as in and by one Indenture Intended to bear date the day next after the day of the date of these Presents, the Same shall be granted released and Conveyed In Wittness Whereof the said Johannis Huygh has hereto sett his hand and seal the day and year first above written
Johannis Huygh, his mark & seal
Signed Sealed and Delivered
In the Presence of
Johannys de Foreest
John Livingston Jr
Commentary
Notes:
This is a lease for a year and a day: a classic legal fiction, not a true conveyance of property. Let me explain:
What it says:
This Indenture made and concluded this sixteenth day of September in the eighth year of the reign of our Sovereign Lord George the Second... one thousand seven hundred thirty and four. Between Johannis Huygh of the Kinderhook in the County of Albany, Yeoman, of the one part, and Burger Huygh of the same place and County, Yeoman, of the other part...
For the consideration of five shillings current money of the Colony of New York, Johannis conveys to Burger a tract of land at Kinderhook on the north side of the Kinderhook Creek, bounded by a small rivulet running out of the Pomponick Marsh, up to where Peter Bosie formerly lived, thence to the King's Road, thence to the bridge over the rivulet, and back to the creek.
The term: one whole year, yielding rent of one pepper corn at the Feast of the Blessed Virgin Mary if demanded.
Witnessed by Johannis de forest and John Livingston Jr., and signed by Johannis Huygh with his mark (an X), with red wax seal.
Why this is a legal fiction, not a real deed:
This is the first half of a two-document lease and release conveyance: the standard English common law method of transferring land title without the formality (and expense) of a public transfer of title. The mechanism worked like this:
- Day one: Grantor leases the land to the grantee for one year for a nominal rent (pepper corn). This put the grantee in actual possession.
- Day two: A separate Release deed then conveys the full freehold to the person already in possession - which was legally much simpler once possession was established.
The release deed, dated the following day, September 17, 1734, is almost certainly the next document in your collection [not found in the collection - jhc]. Together they constitute the complete transfer of this Kinderhook land from Johannis Huygh to Burger Huygh, almost certainly father to son, or brothers, given the shared surname [brothers - jhc].
John Livingston Jr. as witness is notable the Livingston connection to Huyck continues right through the archive.
— Notes by Claude.ai 4.6 2026-04-25 - jhc
Metadata
Document: BH013
Date: 1734-09-16
Language: English
Type: Agreement, Legal Document
Subject: Land Record
Principals: Johannis Huyck, Burger Huyck
Other Persons Mentioned: Peter Bosie, Johannys de Forest, John Livingston Jr.
Places Mentioned: Albany County, Colony of New York, Kinderhook, Kinderhook Creek, Pomponick Marsh
— page revised 2026-05-22 - jhc
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Huyck Bain Crandell Collection © 2026 by John H. Coxon is licensed under CC BY-NC-SA 4.0
