OVERVIEW. Land, Court, and Probate Records for New York State. Class 2. Meet today s presenter 3/30/2017. Presentation (60 mins.) Probate Land Court

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1 Land, Court, and Probate Records for New York State Class 2 David Allen Lambert, Chief Genealogist Meet today s presenter David Allen Lambert Chief Genealogist OVERVIEW Presentation (60 mins.) Probate Land Court Q&A (30 mins.) Click to expand your user panel 1

2 Voice of David Allen Lambert Chief 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. 2

3 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. Tip Don t assume your ancestor didn t have a probate. Probate Files 3

4 Types of Probate Documents Wills Administrations Inventories Guardianship Spendthrift Agreement Dower Rights Last Will & Testament Types of Wills Written Holographic Nuncupative Codicils 4

5 Record Book Copy Albany Co. Anthony Crouter, Albany Co. (1709) Debts owed against the estate 5

6 Debts owed to the Estate collected Why check an Inventory? Isaac Anderson, Albany Co.,

7 Dirk Benson, Albany Co., 1717 Tip Look at all receipts in a Probate case. The married surname of a daughter may be revealed. Wayne Co., Guardianship Record Book 7

8 Scott, Records of the Chancery Court New York Probate New York State Probate Records by Gordon L. Remington 1787 Surrogate s Courts established for each county Pre-1787 Records : New Netherland implemented Roman-Dutch Law regarding probates; no official probate court : Many probates recorded by Notaries or Secretary of the Colony 1664: English law oversees probate matters : Most estates were probated in the capital in the Court of Assizes in New York City (NY County Court) /83: Prerogative Court in NYC 8

9 Early Published Wills New York Historical Society, Abstracts of Wills on File in the Surrogate s Office, City of New York (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 Court of Probates (1778) 1778: Establishment of Court of Probates affected most of upstate New York : All probate records kept at the state level 9

10 Post 1787 Records : 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 : 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 10

11 Women s Rights in Probate : 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 Tip Search for published transcriptions of the early county Probate records. 11

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13 Nellie D. Lambert, Orange Co.,

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17 Tip Remember there should be a Probate file and a Probate record book copy of each case AmericanAncestors.org New York Wills, Abstracts of Wills, Admins, and Guardianships in NY State, New York: Abstracts of New York County Wills, Sampubco.com 17

18 $ 167, via the Purchasing Power Calculator Total of his estate 1807 to 2017 QUESTIONS? Land Records 18

19 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,

20 New York Land Grants Land companies Deeds Mortgages Tip Your ancestor did not need to reside in a community to own land there. Land Registry Search 20

21 Index Tip Check the date of when a county was created. You will want to search for earlier deeds. Original Deed 21

22 Original copy presented to owner Introduction of the Land record Cost, description, metes & bounds, and history 22

23 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 23

24 Tip Remember each land deed volume should have its own index at the beginning or end. familysearch.org 24

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28 familysearch.org QUESTIONS? Court Records 28

29 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 : Director General & Council of New Netherland : Courts of Schouts & Schepens 1664 present: Justice's Courts : Court of Assizes 29

30 Overview of New York Courts : Courts of General Sessions of the Peace : Mayor's Court : Court of Chancery : Court of Oyer & Terminer and General Gaol Overview of New York Courts : 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 30

31 Calendar Index of Court Cases Writ of Capias ad Resondendum Special Bail Piece Court Appearance 31

32 Sheriff Summons Court Trial Minutes (1842) Court Approved Partition of Sale of Land 32

33 Supreme Court Cases Published Records & Resources Court Records

34 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 34

35 New York City New York County Clerk, Division of Old Records in Manhattan New York City Department of Records/Municipal Archives QUESTIONS? Schedule a consultation consultations@nehgs.org Hire Research Services research@nehgs.org 35

36 AmericanAncestors.org/education/online-classes/new-york-course THANK YOU! AmericanAncestors.org/education Copyright