Resource

Hardenbroeck v. the Orphanmasters

Inheritance rights for women in New Netherland.

Document Text

Summary

Thursday, December 22, 1661, at the City Hall present Messrs. Olof Stevenzen van Cortlant, Martin Cregier and Cornelis Steenwyck.

Margriet Hardenbroeck, widow of Pieter Rudolfus, is requested to bring an inventory of the estate of her late husband and asked, whether she has guardians for her children, she answers, that there is a guardian in Holland, who is expected shortly to arrive. As she cannot make the inventory- so quickly and does not know, how her late husband’s affairs in Holland stand, she asks for time, until the arrival of the first ships or until her brother comes, which is allowed.

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Thursday, December 22, 1661

The Orphanmasters Court asks Margriet Hardenbroeck to provide them with an inventory of her late husband’s estate and proof that she has appointed guardians to protect her daughter Maria’s inheritance. Margriet assures them that everything they need is in the Netherlands and will be arriving shortly.

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Whereas Margriet Hardenbroeck, the widow of Pieter Rudolfus, intends to become the wife of Frerich Flipsen and the bans have already been published, therefore the Orphanmasters of this City order and direct said Margriet Hardenbroeck, before the solemnization of her marriage to deliver to this Board a statement and inventory of the property, left by said Pieter Rudolfus and to be settled on his child as inheritance. This she is to do in eight days, on the last of this month. Done at Amsterdam in N. N., November 23, 1662. By Order, etc.

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November 23, 1662

The Orphanmasters have heard that Margriet Hardenbroeck is planning to remarry. They demand that she appear before their court to settle the issue of Maria’s inheritance before the wedding takes place. They give her eight days to appear.

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Monday, December 4, 1662, at the City Hall present Messrs. Marten Cregier and Cornelis Steenwyck.

Margriet Hardenbroeck, the widow of Pieter Rudolfus, coming in is told, that as she intends to marry again she must settle upon her child by said Rudolfus the property, inherited from the father. She says, that at present she can make no settlement, as her affairs are not ready, but, she adds, she has taken care of that, for by the marriage contract with her new husband provision is made, that this child is to inherit a like share with the children she may have during this marriage. The Board decides, that said marriage contract is to be recorded in the Orphans book and that guardians of the child must be appointed, as which are named the father of said Margriet Hardenbroeck and Jacobus Backer : she was ordered to notify the Board at the next session.***

Monday, December 4, 1662

Margriet Hardenbroeck appears in the court of the Orphanmasters and insists that she cannot settle Maria’s inheritance because she does not know if her husband had any outstanding debts. She tells them that she and her fiancé already have a contract that protects Maria. The Orphanmasters ask her to bring the contract to their next session so they can be sure all is in order, and demand again that she appoint a guardian to oversee Maria’s inheritance.

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Thursday, December 14, 1662, at the City Hall present Messrs. Marten Cregier, Cornells Steenwyck and Peter van Couwenhoven.

Margriet Hardenbroeck coming in produces the marriage contract, made by her and Freryck Flipsen, her future husband, but not signed. This contract having been read and considered, the Board does not deem it sufficient to show, that the paternal inheritance is settled on the child, because it says, first, that the survivor shall not be held to give any account to the children or relations nor an inventory of the estate, excluding all: secondly, the fifth article says, that if the contracting parties should have no children, no settlement shall be made on her child. Margriet Hardenbroeck is therefore ordered to make a settlement on the child of the paternal inheritance in eight days from date.***

Thursday, December 14, 1662

Margriet Hardenbroeck produces an unsigned marriage contract, and the Orphanmasters reject it as not in the best interests of Maria. They order Margriet to return in eight days to make a proper contract.

***

Berthold Fernow, The Minutes of the Orphanmasters of New Amsterdam. (New York: Francis P. Harper, 1902).

Background

One of the best sources for information about the lives of women and children in New Amsterdam is the Minutes of the Orphanmasters Court. This court was established in 1656 to ensure the legal and financial security of children after the death of a parent. Their records provide a wealth of details about family relationships, estates, and the way women and children were treated in New Netherland.

About the Document

Margriet Hardenbroeck married Pieter Rudolphus de Vries in 1659. During their marriage, she helped run his Atlantic trade business. Women and children could inherit and manage property in the Dutch colonies, so when Pieter died in 1660, his estate should have been split between his wife and their infant daughter Maria. 

In 1661, the Orphanmasters asked Margriet for an inventory of her late husband’s estate. They also asked whether she had named a guardian for Maria. Under Dutch law, all children who lost a parent had to have a guardian who made sure they received their inheritance. 

Margriet never provided the information, so when she announced plans to remarry in 1662, the Orphanmasters stepped in again to ask for proof of her daughter’s financial security. Four days later, Margriet and her fiancé settled the case before the court.

The final agreement did not preserve Maria’s portion of the estate but guaranteed the full financial support of her new father and an equal share in any inheritance down the road.

Vocabulary

  • estate: All of the money and property owned by a person.
  • guardian: A person assigned to protect the legal and financial interests of a child.
  • inheritance: The things a person receives from someone who has passed away.
  • New Netherland: The Dutch colony in North America, which encompassed land between the Connecticut and Delaware Rivers, and up the Hudson River to present-day Albany, New York.
  • Orphanmasters Court: A government body in New Netherland that protected the rights of children who had lost one or both parents.

Discussion Questions

  • Why would the government of New Netherland have been interested in protecting the inheritance of a baby girl?
  • Why was the Orphanmasters Court worried about Margriet Hardenbroeck’s plans to remarry?
  • What does this episode reveal about the treatment of women and girls in New Netherland?