Mastering New York Research Class #2: Land, Court, and Probate Records in New York David Allen Lambert, NEHGS Chief Genealogist,

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1 Mastering New York Research Class #2: Land, Court, and Probate Records in New York David Allen Lambert, NEHGS Chief Genealogist, PROBATE RECORDS Why use Probate Records? 1. These records provide vital genealogical evidence for family relationships. 2. Probate records offer a glimpse into family relationships and possessions of our ancestors. 3. Many published genealogies never went to the bother of searching probate and deeds. 4. Because old handwritten documents are often a challenge overlooked by genealogists. TIP: Don t assume your ancestors didn t have a probate. Types of Probate Files 1. Wills - Written Will - Holographic Will - Nuncupative Will - Codicils 2. Administrations 3. Inventories 4. Guardianships 5. Spendthrift 6. Agreement 7. Dower Rights TIP: Look at all receipts in a Probate case. The married surname of a daughter may be revealed. New York Probate 1. Pre-1787 Records 2. Early Published Wills 3. Court of Probates (1778) 4. Post 1787 Records 5. County Clerk Records 6. Surrogate Courts 1787 to present New York Probate Online TIP: Search for published transcriptions of the early county probate records. 1. Ancestry.com New York, Wills and Probate Records, Familysearch.org New York Probate Records, TIP: Remember there should be a Probate file and a Probate record book copy of each case. 3. AmericanAncestors.org New York Wills, ; Abstract of Wills, Admins, and Guardianships in NY State, ; Abstracts of New York County Wills, Sampubco.com Online indexes for some New York Probate Surrogate Courts TIP: Determine the value of the estate today: 1

2 Probate Glossary of Terms Agreement: a legal contract between two or more individuals detailing an arrangement. Codicils: an altered supplement to an original Will. There can be multiple codicils created. Divisions: a document which distributes the real or personal property from an estate to the heirs. Dower Right: the widow s portion of her late husband s estate used for her lifetime. File Papers: the original documents associated with the probate file. Guardianship: the act when a guardian is assigned to oversee the affairs of a minor child. Holographic Will: a will that is reputed to have been written entirely by the testators Intestate Probate: the estate of a deceased individual who did not leave a Will. Inventories: the accounting of the real and personal estate of the deceased. Lunatic Commitment: court action to have an individual committed due to their mental health. Lunatic Guardianship: the act when a guardian is assigned to oversee the affairs of an adult who is incapable of managing their own real or personal estate. Nuncupative Will: when the Will of an individual is conveyed in conversation orally. Record Books / Copy Books: copies of certain probate files copied into bound volumes. Sale: act of selling real or personal estate by the guardian, or to sell items of the estate via probate. Spendthrift: an individual deemed to be leading his / her personal or real estate to ruin, often assigned a guardian to oversee his / her affairs. Testate: dies with a Last Will & Testament Will & Testament: the will is the document to distribute the real estate, and testament distributes the personal effects of the estate. Written Will: is a handwritten or typed document conveying the distribution of the real and personal estate of an individual after their decease. Probate References New York Genealogical and Biographical Society, Probate Records. New York Family History Research Guide and Gazetteer, p (New York, NY: NYGB&S, 2015) Remington, Gordon L., New York State Probate Records. (Boston, MA: NEHGS, 2011). Fernow, Calendar of Wills on File and Recorded in Officers of the Clerk of the Court of Appeals of the County Clerk at Albany, and of the Secretary of State, (New York, NY: Knickerbocker Press, 1896). ---, The Minutes of the Orphanmasters of New Amsterdam 1655 to (New York, NY: F.P. Harper, ), 2 vols. 2

3 Kelly, Arthur C. M., Index, Names of Principals: Abstracts of Wills on File in the Surrogate s Office, City of New York. (Rhinebeck, NY: Palatine Transcripts, 1981). 2 vols. (Vol. 1 covers ; vol ). Pelletreau, William S., Abstracts of Wills on File in the Surrogate s Office, City of New York, (New York, NY: New York Historical Society, ). 17 vols. Scott, Kenneth, Records of the Chancery Court, Province and state of New York, Guardianships, (New York, NY: Holland Society, 1971). LAND RECORDS Why use Land Records? 1. A land record may be the only documented source you can locate. 2. Land records can often trace generations of ownership of a single parcel of land. 3. Land records may help determine the site of your ancestor s house or farm today. New York Land 1. Patroonships 2. Patents 3. Manors 4. Leases 5. Grants 6. Land companies 7. Deeds 8. Mortgages TIP: Your ancestor did not need to reside in a community to own land there. Land Registry Search 1. Grantor and Grantee Indexes 2. Original Deed 3. Dissecting a Deed TIP: Remember to check the date of when a county was created. You will want to search for earlier deeds. 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 TIP: Remember each land deed volume should have its own index at the beginning or end. 3

4 New York Land Online Familysearch.org New York Land Records, Land Record Glossary of Terms 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. Metes and Bounds: Method of land description that begins with a permanent object and then through distances and directions describes the parcel of land. Appraisal: process of valuing property or a real estate professional s estimate of a property s value. Chain of Title: The history of all of the documents affecting title to a parcel of real property, starting with the earliest existing document and ending with the most recent. Covenant: a promise in a deed that affects or limits the use of the conveyed property. Easement: the right to use the land of another for a specific purpose. Forfeiture: the loss of all interest in the property for nonpayment. Grantee: the person buying the property. Grantor: the person selling the property. Mortgagee: a person or party who holds the mortgage lien. Mortgagor: a person or entity who mortgages the property; the borrower, the owner. Plat Map: a method of land description that relies on a recorded map of a subdivision, with each deed making reference to the map and the particular lot being conveyed. Plot Plan: a drawing done showing the dimensions of a lot and the structures on it as they relate to the lot lines. Usually done for zoning purposes but do not meet strict recording requirements for plans to be recorded. Quitclaim: a deed that serves to transfer title if the grantor has any such title; there are no guarantees that the grantor has any title or good title. Sheriff s Deed: form of title given to a buyer at a mortgage foreclosure sale. Warranty Deed: a deed that conveys title and carries warranties that the title is good. Land References Bockstruck, Lloyd dewitt, Revolutionary War Bounty Land Grants: Awarded by State Governments. (Baltimore, MD: Genealogical Publishing Co., 1996). Bowman, Fred Q., Landholders of Northeastern New York (Baltimore, MD: Genealogical Publishing Co., 1983). 4

5 Doherty, Frank J. Settlers of the Beekman Patent, Dutchess County, New York: An Historical and Genealogical Study of the 18 th century Settlers in the Patent. (Pleasant Valley, NY & Orlando, FL: F.J. Doherty, ). 11 vols. Fernow, Berthold, and Edmund B. O Callaghan, Documents relating to the Colonial History of the State of New York. (Albany, NY: Weed and Parsons, ), 11 vols. Henry, Marian S. Bounty Lands in the Military Tract in Post-Revolutionary War New York State. New York Essays: Resources for the Genealogist in New York State Outside New York City, p (Boston, MA: NEHGS, 2007). Hoff, Henry B., Manors in New York. NYG&B Newsletter (now the New York Researcher), Fall 1999 & Winter Livsey, Karen E., Western New York Land Transactions, : Extracted from the Archives of the Holland Land Company. (Baltimore, MD: Genealogical Publishing Co., 1991). New York Genealogical and Biographical Society, Land Records and Maps. New York Family History Research Guide and Gazetteer, p (New York, NY: NYGB&S, 2015)., Calendar of N.Y. Colonial Manuscripts: Indorsed Land Papers in the Office of the Secretary of State of New York; (Albany, NY: Weed, Parsons, 1864). COURT RECORDS Why use Court Records? 1. Puts your ancestor at a certain place and a certain time 2. Provides information about family connections and relations not found in other records (e.g. may explain paternity or even disappearance of ancestor) 3. Overlooked source in early published genealogies 4. Adds to the life story of your ancestor Various types of Court Cases 1. Names Changes 2. Adoptions 3. Separate Support 4. Divorce Records 5. Naturalization Records 6. Court Appearances for Family & Criminal Issues 7. Court Appearances for Financial Issues 5

6 Overview of New York Courts : The Director General & Council of New Netherland : The Courts of Schouts & Schepens 1664 present: Justice's Courts : The Court of Assizes : The Courts of General Sessions of the Peace : The Mayor's Court : The Court of Chancery : The Court of Oyer & Terminer and General Gaol : The Courts of Common Pleas 1691 present: The Supreme Court 1787 present: The Surrogates Courts 1821 present: Circuit Courts 1847 present: County courts Examples of New York Court documents Duely & Constantly Kept Duely-Constantly-Kept.pdf Locating Records 1. New York State 2. New York City 3. Online contacts: Court References Fernow, Berthold, The Records of New Amsterdam from 1653 to 1674 Anno Domini. (New York, NY: Knickerbocker Press, 1897). Folts, James D., Duely & Constantly Kept : A history of the New York Supreme Court, and an inventory of its records. (Albany, New York State Archives and Records Administration, 1991). Online PDF: Duely-Constantly-Kept.pdf Morris, Richard B., Select Cases of the the Mayor s Court of New York City, (Washington, DC: 1935). 6

7 New York Genealogical and Biographical Society, Court Records. New York Family History Research Guide and Gazetteer, p (New York, NY: NYGB&S, 2015). Van Laer, A.J.F., Minutes of the Court of Albany, Rensselaerswyck and Schenectady. (Albany, NY, The University of the State of New York, 1928) Scott, Kenneth, Early New York Naturalizations. Abstracts of Naturalization Records from Federal, State and Local Courts (Baltimore, MD, Genealogical Publishing Co., 1981) ---, New York City Court Records, : Genealogical Data from the Court of Quarter Sessions. Special Publication No. 50 (Washington, D.C.: National Genealogical Society, 1982). ---, New York City Court Records, : Genealogical Data from the Court of Quarter Sessions. Special Publication No. 52 (Washington, D.C.: National Genealogical Society, 1983). ---, New York City Court Records, : Genealogical Data from the Court of General Sessions. Special Publication No. 56 (Arlington, VA: National Genealogical Society, 1988). ---, New York City Court Records, : Genealogical Data from the Court of General Sessions. (Arlington, VA: National Genealogical Society, 1988). ---, Petitions for Name Changes in New York City, (Washington, D.C., National Genealogical Society, 1988). 7