Research


Scope and Content Note

This series consists of wills, originals or copies, probated with the provincial secretary, the Prerogative Court, or the State Court of Probates. Around five percent of the wills are in Dutch (some include English translations) and a small number are in German or French. With a few wills a letter of administration or a property inventory is filed.

Not all wills originally probated by the Prerogative Court or the Court of Probates are included in this series. Pursuant to Chapter 64 of the Laws of 1799, many pre-1787 wills were transferred to the New York County Surrogates Court. This transfer was supposed to include only the wills of persons who had resided in the southern district. However, at present many wills from other districts are on file in New York County while this series includes a large number of wills from New York City and surrounding counties. Pursuant to Chapter 38 of the Laws of 1787 are wills of individuals who died out-of-state or who were non-residents. This law transferred original probate jurisdiction in all other cases to the county Surrogates Courts. (One will dated 1828 and another dated 1837 are obviously misfiled from the New York County Surrogates Court.)

The following information is usually contained in each will: the dates the will was executed, proved, and probated; the names of the testator, witnesses to the will, heirs, executor, and the official before whom the will was proved; the occupation of the testator; how the testator wished the estate to be divided; and a short statement describing the proceedings at which the will was proved, signed by the probate officer.

Letters of administration included in this series contain an abstract of the proceedings proving the will and the official appointment of the administrator by the royal governor or judge of the Court of Probates. The property inventories contain a detailed listing of real and personal property owned by the testator.

J0038-92: These are probated wills (ca. 4,100 wills) dated 1665-1787. They are organized in two subseries. Subseries 1 spans years 1665- ca. 1738. Subseries 2 spans years ca. 1739-1787. Wills may be of special interest for the study of under-documented people such as women and African Americans. A detailed description of accretion contents is available.