Research

19802-78, -97 Article 10 Estate Tax Files, 1885-1990 (89 cu. ft.)

Between 1823 and 1966, in cases where an out- of-state resident owned property in New York, the Surrogate's Court was required to send a certified copy of the will or letters of administration to be filed in the Secretary of State's Office.

B0081 Letters of Administration and Copies of Wills of Out-of-State Residents, 1823-1966 (51.2 cu. ft.)

Between 1830 and 1847 the Court of Chancery shared with the Surrogate's Court the power to take proof of wills when the testator or the witnesses resided out of state.  After probate in chancery, a Surrogate's Court supervised the administration and disposition of the estate.

Between 1786 and 1829 the Supreme Court and the county courts of common pleas shared with the Surrogate's Courts the power to prove and record wills devising real property, and also wills whose witnesses were unable to appear in court. In addition, between 1801 and 1829 the Supreme Court had the exclusive power to prove and record wills devising real property located in several counties. (Wills proved in the courts of common pleas were recorded by the county clerks.

Between 1665 and 1686 wills were usually proved (determined to be authentic), and administration granted in a local court of sessions or the mayor's court in New York City, or by the governor. After 1686 the royal governor possessed final jurisdiction in probate matters. The provincial secretary or his deputy served as the governor's delegate or "surrogate" and presided over what was called the Prerogative Court. After 1670 wills and grants of administration were required to be recorded in the secretary's office.

Most of New York's probate records are maintained by the Surrogate's Court, which was established in each county in 1787. However, the New York State Archives holds two large groups of probate records: wills, inventories, and other documents recorded, filed, or maintained by the colonial Prerogative Court, 1686-1783, and its successor, the State Court of Probates, 1778-1823; and wills from the New York County Surrogate's Court, 1787-1879.

This bibliography does not include citations to published works mentioned earlier in this leaflet.

General Works

Arlene Eakle and Johni Cerny, eds., The Source: A Guidebook of American Genealogy (Salt Lake City: 1984). (Comprehensive guide to genealogical research; see Tracking Immigrant Origins, pp. 452-517.)

Marcia Eisenberg, Immigration and Naturalization Records as Genealogical Sources, Tree Talks [newsletter of Central New York Genealogical Society], 21:1 (March 1981), 3-13.

The U.S. Immigration & Naturalization Service holds duplicate copies of naturalization documents filed after September 26, 1906. Inquiries and requests for a search form should be addressed to: U.S. Immigration & Naturalization Service, 425 Eye Street NW, Washington, DC 20536; telephone (800) 870- 3676.

The New York State Archives holds only a few hundred naturalization documents. All were performed by the higher state courts operating before 1847: the Supreme Court of Judicature (at terms held in Albany, ca. 1799-1812, and in Utica, ca. 1830-38) (record series J5011, J9013); and the Court of Chancery (mostly during the period ca. 1830-47 in the court's fifth, sixth, and eighth circuits, located in central and western New York) (J1061).

New York State courts that performed naturalizations during the nineteenth century included the county courts of common pleas (pre-1847); the county courts (post-1847); the Court of Chancery; the Supreme Court; the higher city courts in New York, Brooklyn, Albany, Rochester, and Buffalo; and (rarely) the county surrogate's courts. After 1906 only the New York Supreme Court could perform naturalizations, and in most counties it has ceased doing so.