3/30/2017 1 David Allen Lambert, Chief Genealogist Class 2 Land, Court, and Probate Records for New York State Meet today’s presenter David Allen Lambert Chief Genealogist OVERVIEW • Presentation (60 mins.) • Q&A (30 mins.) Click to expand your user panel • Probate • Land • Court
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David Allen Lambert, Chief Genealogist
Class 2
Land, Court, and Probate Records for New York State
Meet today’s presenter
David Allen LambertChief Genealogist
OVERVIEW• Presentation (60 mins.)
• Q&A (30 mins.)Click to expand your user panel
• Probate• Land• Court
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Voice ofDavid Allen LambertChief Genealogist
Probate Records
Why use Probate Records?• These records provide vital genealogical evidence
for family relationships.
• Probate records offer a glimpse into the personal family relationships and personal possessions of our ancestors.
• Many published genealogies never went to the bother of searching probate and deeds.
• Because old handwritten documents are often a challenge they are overlooked by genealogists.
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Generic Probate Terms• Testate: dies with a Last Will & Testament.
• Intestate / Administration: dies without a will.
• File Papers: the original documents associated. with the probate file.
• Record Books / Copy Books: copies of certain probate files copied into bound record volumes.
TipDon’t assume your ancestor
didn’t have a probate.
Probate Files
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Types of Probate Documents
• Wills
• Administrations
• Inventories
• Guardianship
• Spendthrift
• Agreement
• Dower Rights
Last Will & Testament
Types of Wills
• Written
• Holographic
• Nuncupative
• Codicils
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Record Book Copy – Albany Co.
Anthony Crouter, Albany Co. (1709)
Debts owed against the estate
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Debts owed to the Estate collected
Why check an Inventory?
Isaac Anderson, Albany Co. , 1724
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Dirk Benson, Albany Co., 1717
TipLook at all receipts in a Probate case. The married surname of a
daughter may be revealed.
Wayne Co., Guardianship – Record Book
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Scott, Records of the Chancery Court
New York Probate• New York State Probate Records
by Gordon L. Remington
• 1787 – Surrogate’s Courts established for eachcounty
Pre-1787 Records• 1624-1664: New Netherland implemented Roman-Dutch
Law regarding probates; no official probate court
• 1644-1663: Many probates recorded by Notaries or Secretary of the Colony
• 1664: English law oversees probate matters
• 1664-1692: Most estates were probated in the capital in the Court of Assizes in New York City (NY County Court)
• 1692-1778/83: Prerogative Court in NYC
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Early Published Wills• New York Historical Society, Abstracts of Wills on
File in the Surrogate’s Office, City of New York 1665-1801 (17 vols.)– Coverage includes all counties in New York 1665 to
1787, and New York County 1781 to 1800– Available in the FamilySearch.org Family History
Books collection online
Fernow, Calendar of Wills 1626-1836
Court of Probates (1778)• 1778: Establishment of Court of Probates affected
most of upstate New York
• 1778-1787: All probate records kept at the state level
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Post 1787 Records• 1787-1823: State Court of Probates existed to keep
all probate records concerning estates settled in multiple counties. Appellate jurisdiction was assigned for estates within one county boundary.
• 1823: Court of Probates abolished; power was given to the county surrogates. The Appellate jurisdiction was now granted to the state Court of Chancery until 1847 when transferred to the Supreme Court.
County Clerk Records• 1786-1829: Courts of Common Pleas in the county
recorded all wills with the County Clerk
• 1829: County Clerk transferred this power to the Surrogate’s Court
Surrogate Courts 1787 to present• Responsible for keeping probate records relating
to both testate and intestate estates
• Probate courts are state courts, not under county government
• Rules regarding access and fees are controlled by the state not the individual county
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Women’s Rights in Probate• 1624-1664: Under the “Dutch-Roman” Law
• 1665: English Rules of Inheritance
• 1848: Married woman were given the right to own their own property, and allowed to leave wills even if she predeceased her spouse.
New York Probate Online
TipSearch for published
transcriptions of the early county Probate records.
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www.Ancestry.com
www.Ancestry.com
www.Ancestry.com
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www.Ancestry.com
www.Ancestry.com
Nellie D. Lambert, Orange Co., 1923
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www.familysearch.org
familysearch.org/search/
familysearch.org/search/
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familysearch.org/search/
familysearch.org
familysearch.org
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familysearch.org
familysearch.org
familysearch.org
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TipRemember there should be a
Probate file and a Probate record book copy of each case
AmericanAncestors.org• New York Wills, 1626-1836• Abstracts of Wills, Admins, and Guardianships in NY
State, 1787-1835• New York: Abstracts of New York County Wills,
1662-1801
Sampubco.com
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Total of his estate 1807 to 2017
$ 167,000.00 via the Purchasing Power Calculatorwww.measuringworth.com/ppowerus/
QUESTIONS?
Land Records
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Why use Land Records?• A land record may be the only documented source
you can locate
• Land records can often trace generations of ownership of a single parcel of land
• Land records may help determine the site of your ancestors house or farm today
Generic Land Record Glossary• Deed: a written or type document conveying property between two or
more individuals.
• Mortgage (or Deed of Trust) : money borrowed with real estate held as collateral. Possession can be held, but title is held until the debt is paid.
• Lease: Agreement between the owner of land and another for the use and occupation of the land.
• Primogeniture: the right for the eldest son to inherit the land of his father’s estate.
. . . more land terminology on handout
New York Land• Patroonships
• Patents
• Manors
• Leases
New Netherland map, 1671
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New York Land• Grants
• Land companies
• Deeds
• Mortgages
TipYour ancestor did not need to
reside in a community to own land there.
Land RegistrySearch
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Index
TipCheck the date of when a county
was created. You will want to search for earlier deeds.
Original Deed
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Original copy presented to owner
Introduction of the Land record
Cost, description, metes & bounds, and history
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Conveyance & Mortgage Conditions
Signed, Sealed and Delivered
Land Measurements• 1 mile: 80 chains, 320 poles, rods or perches = 5,280 ft.
• 1 chain: 4 poles, rods perches is 66 ft., or 100 links.
• 1 pole, rod or perch: 25 links, 16 ½ ft.
• 1 link: 7.92 inches
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TipRemember each land deed
volume should have its own index at the beginning or end.
familysearch.org
https://familysearch.org/search/
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familysearch.org
familysearch.org
familysearch.org
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familysearch.org
familysearch.org
familysearch.org
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familysearch.org
familysearch.org
familysearch.org
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familysearch.org
QUESTIONS?
Court Records
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Why use Court records?• Positions your ancestor at a certain place and a
certain time
• Provides information about family connections and relations not found in other records (e.g. may explain paternity or even disappearance of ancestor)
• Overlooked source in early published genealogies
• Adds to the life story of your ancestor
Various Types of Court Cases• Name Changes
• Adoptions
• Separate Support
• Divorce Records
• Naturalization Records
• Court Appearances for Family & Criminal Issues
• Court Appearances for Financial Issues
Overview of New York Courts• 1638–1664: Director General & Council of New
Netherland
• 1653–1674: Courts of Schouts & Schepens
• 1664–present: Justice's Courts
• 1665–1683: Court of Assizes
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Overview of New York Courts• 1665–1962: Courts of General Sessions of the Peace
• 1674–1784: Mayor's Court
• 1683–1847: Court of Chancery
• 1683–1895: Court of Oyer & Terminer and General Gaol
Overview of New York Courts• 1691–1847: Courts of Common Pleas
• 1691–present: Supreme Court
• 1787–present: Surrogates Courts
• 1821–present: Circuit Courts
• 1847–present: County courts
“Duely & Constantly Kept”available online
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Calendar Index of Court Cases
Writ of Capias ad Resondendum
Special Bail Piece – Court Appearance
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Sheriff Summons
Court Trial Minutes (1842)
Court Approved Partition of Sale of Land
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Supreme Court Cases
Published Records & Resources
Court Records 1653-1674
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Kenneth Scott, Early NY Naturalizations
Van Laer, Minutes of the Court of Albany, Rennselaeswyck and Schenectady
Locating Records - NY State• NARA New York City
• New York State Library and Archives
• Family History Library
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New York City• New York County Clerk, Division of Old Records
in Manhattan
• New York City Department of Records/Municipal Archives
http://www.courts.state.ny.us/courts/
QUESTIONS?Schedule a consultation
Hire Research [email protected]
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