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Many wills were recorded in deed books—particularly in English settlements in New Netherland, such as Gravesend and the eastern towns of Long Island outside Dutch jurisdiction. When the English took over, probates were initially under the jurisdiction of either the court of assizes or the courts of session. By 1686, the governor's prerogative court centralized the recording of probates. In the colonial era, the prerogative court usually probated wills and administrations. The governor, who functioned as the "ordinary" or "surrogate general," had the authority to probate estates. Because the governor could not personally oversee probates, he appointed local surrogates to act in his behalf. | Many wills were recorded in deed books—particularly in English settlements in New Netherland, such as Gravesend and the eastern towns of Long Island outside Dutch jurisdiction. When the English took over, probates were initially under the jurisdiction of either the court of assizes or the courts of session. By 1686, the governor's prerogative court centralized the recording of probates. In the colonial era, the prerogative court usually probated wills and administrations. The governor, who functioned as the "ordinary" or "surrogate general," had the authority to probate estates. Because the governor could not personally oversee probates, he appointed local surrogates to act in his behalf. | ||
Hoff published a list of New York probates recorded in Massachusetts in 1688-1689.</ref>Henry B. Hoff, "New York Probates Recorded in Massachusetts, 1688-1689, During the Dominion of New England," ''The New York Genealogical and Biographical Record,'' Vol. 139, No. 4 (Oct. 2008):266-268. Digital version at [http://www.newyorkfamilyhistory.org/public-elibrary New York Family History] ($); {{FHL|1181533|item|disp=FHL Book 974.7 B2n v. 139}}.</ref> | |||
In 1691, city and county courts of common pleas also began handling probate matters. Courts of common pleas began handling probates in each county, with the exception that estates in the southern district (Orange, Richmond, Westchester, and Kings counties) were proved in New York County. (The Orange County Court of Common Pleas was allowed in 1750 to rule on probates.) Wills from Suffolk and Queens counties were also filed in New York. All these records later came into the custody of the New York County Surrogate's Court. Before 1787, some wills were also recorded in county and town records. | In 1691, city and county courts of common pleas also began handling probate matters. Courts of common pleas began handling probates in each county, with the exception that estates in the southern district (Orange, Richmond, Westchester, and Kings counties) were proved in New York County. (The Orange County Court of Common Pleas was allowed in 1750 to rule on probates.) Wills from Suffolk and Queens counties were also filed in New York. All these records later came into the custody of the New York County Surrogate's Court. Before 1787, some wills were also recorded in county and town records. | ||
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When Albany became the capital of New York in 1797, many records were moved there, particularly for areas outside the southern district. These records were first in the custody of the court of probates and later the court of appeals; therefore, they are not at the Albany County Surrogate's office. As a result of a 1799 law, most pre-1787 probates from Kings, New York, Queens, Richmond, Suffolk, and Westchester Counties that had been sent to Albany were returned to the New York County Surrogate's Court in 1802. They were later deposited at Queens College, and have recently been transferred to the New York State Archives. | When Albany became the capital of New York in 1797, many records were moved there, particularly for areas outside the southern district. These records were first in the custody of the court of probates and later the court of appeals; therefore, they are not at the Albany County Surrogate's office. As a result of a 1799 law, most pre-1787 probates from Kings, New York, Queens, Richmond, Suffolk, and Westchester Counties that had been sent to Albany were returned to the New York County Surrogate's Court in 1802. They were later deposited at Queens College, and have recently been transferred to the New York State Archives. | ||
When the court of chancery was abolished in 1847, its records were also sent to the court of appeals of Albany. In the 1960s, these and many records of the New York County Surrogate's Court were sent to The Historical Documents Collection at Queens College, where they were later microfilmed. The court of appeals documents have since been transferred back to Albany to the New York State Archives. These records are now at the state archives as Records of the New York Court of Probates and its Colonial Predecessors, 1664–1823. The collection contains wills, 1671–1815; accounts, 1666–1823; and administrations, 1700–1823. The records of the First Circuit Chancery Court are still at the New York County Courthouse, Office of the City Clerk. | When the court of chancery was abolished in 1847, its records were also sent to the court of appeals of Albany. In the 1960s, these and many records of the New York County Surrogate's Court were sent to The Historical Documents Collection at Queens College, where they were later microfilmed. The court of appeals documents have since been transferred back to Albany to the New York State Archives. These records are now at the state archives as Records of the New York Court of Probates and its Colonial Predecessors, 1664–1823. The collection contains wills, 1671–1815; accounts, 1666–1823; and administrations, 1700–1823. The records of the First Circuit Chancery Court are still at the New York County Courthouse, Office of the City Clerk. | ||
== State Statutes == | == State Statutes == | ||