Research

Scope and Content Note

The wills recorded in these volumes were proved (i.e. determined by testimony of witnesses to be authentic) before and admitted to probate by the Surrogate judge for New York County. Starting in 1823 the volumes contain occasional wills of out-of-state residents, including wills of foreign nationals. If the will is in French, Spanish, or another foreign language, both the text and a translation are provided. Each will provides for the disposition of the testator's real and personal property and designates an executor or executrix. The will is witnessed by two persons. Some of the wills are accompanied by codicils. The will is accompanied by a record of the proof of will and admission to probate. This record takes various forms.

Prior to 1830 the record typically includes: grant of administration of the estate to the executor (or to an administrator, if the executor was dead or had renounced his office); text of will and any codicil; affidavits or examinations of witnesses, and other proceedings relating to proof of will. Prior to 1830 the volumes occasionally include texts of letters testamentary; and letters of administration "with will annexed" (cum testamento annexo).

Commencing in 1830 the record typically includes: summary of proceedings relating to application for probate, issuance of citation and proof of service, proof of will, and admission to probate; texts of citation to heirs and next of kin and affidavit of service (late 1830s and early '40s only); text of will and any codicil; examinations of witnesses and other proceedings relating to proof of will; certificate of recording by surrogate or court clerk. In some cases the proof of a disputed will required a full-blown trial, and the record may contain many pages of examinations and cross-examinations of witnesses, and of documentary exhibits.