Court Records
Court records are divided into two categories, criminal and civil. Criminal actions deal with the bringing of public offender to justice. Whereas, civil actions deal primarily with the protection of individual rights. Non-adversary civil proceedings, such as name changes, naturalizations, adoptions, probate may have significant genealogical importance. There are two types of court systems, the individual states and the federal government. The federal court records have limited value to the family researcher. Most of the genealogically important records will be found in the state court system. |
Major New York State Courts
Date(s) | Description of Courts and/or Records (with publications, films) |
1638-1664 |
Director General and Council of New Netherland was the highest court and governing body in New Netherland.
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1653-1674 |
Courts of schouts and schepens were the Dutch courts having criminal and civil jurisdiction. These were replaced by the mayor's court.
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1664-1688 |
Colony of New York records.
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1665-1683 |
Court of Assizes was the highest provincial court. It was established in New York City, hearing both civil and criminal cases. Along with the Court of general sessions of the peace, the Court os Assizes had jurisdiction over probates.
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1665-1962 |
Court of general sessions of the peace were county courts having jurisdiction over criminal cases such as desertions, vice, apprenticeship disputes, bastardy, and other violations of vice and immorality laws. These courts handled probate matters from 1665 to about 1683. They heard only criminal cases after 1691. Their jurisdiction was transferred to the county court in 1847, except in New York County where the courts of general sessions of the peace continued until 1962.
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1674-1784 |
Mayor's court existed in New York City and Albany. It handled civil suits, apprenticeships, and naturalizations.
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1691-1847 |
Courts of common pleas were established in each city and county to handle civil cases such as marriages, naturalizations, name changes, probates, exemptions from military duty, lunacy cases, tavern licenses, insolvency cases, old age assistance, manumissions, laying of roads, insolvency, settlement of boundary disputes, and child support and custody. They handled appeals from justices of the peace. The court was replaced by the county court. In New York City, the court of common pleas and the superior court were abolished in 1895 and their activities taken over by the supreme court. |
1683-1895 |
The court of oyer and terminer and general gaol delivery was a county court that had jurisdiction over capital crimes such as treason and murder. |
1664-present |
Justice's courts are presided over by justices of the peace who perform marriages, issue summons for debts, and rule on minor civil suits. |
1686-1877 |
The Prerogative Court was headed by the governor or his delegate. It had jurisdiction over all estates in the New York City area and over larger estates elsewhere in New York Colony. The court also registered marriage licenses but did not possess jurisdiction over matrimonial proceedings like divorces. The constitution of 1777 replaced this court with the court of probates. |
1691-present |
The Supreme Court is a statewide court which holds terms in each county. Since 1847, it has heard appeals from the surrogates court. Only in some counties today, usually the largest ones, does the court handle naturalizations. The county clerk is also clerk of the supreme court.
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1778-1823 |
The Court of Probates handled most probates for 1778-1787. Until 1783 in British occupied New York City, Long Island and Staten Island, the Prerogative Court handled probates also. |
1787- present |
Surrogates Courts are countywide courts with jurisdiction over probates, some adoptions, and guardianships. Before 1787 surrogates were appointed to act in place of the prerogative. |
1821-present |
Circuit courts were the trial terms of the supreme court. The term "circuit court" was not used after 1895. Since 1896, the supreme court has held trial terms periodically in each county. |
1683-1847 |
The Court of Chancery had statewide jurisdiction over civil equity matters, such as mortgage foreclosures, real property proceedings, sale of estates, in dower and curtesy, naturalizations, matrimonial disputes, divorces, guardianships and child custody. It absorbed the court of probate and had appellate jurisdiction over surrogate's courts. After 1847 equity responsibilities were assigned to the supreme court.
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1847-present |
County courts are the major trial courts for each county with jurisdiction over criminal matters, minor equity cases, and some appeals. They assumed the duties of the court of common pleas. |
Federal Courts
Eastern District
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Southern District |
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Northern District |
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Western District |
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Records at National
Archives
Northeast Region
U.S. District Court for the Southern District of NY, M886 |
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U.S. District Court for the Southern District of New York, M 854 |
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U.S. Court of Appeals |
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Types of Court Records
Covered at at this website
Marriage/Divorce | Naturalization | Legislative | Adoption |
Probate/Estate/Wills | Property | Business | Guardianship |
(This website is evolving and new
subjects may be added in the future as
the need arrives. As time goes on, each of the above types will be covered
in depth.)
Most of New York's probate records are maintained by the Surrogate's Court, which was established in each county in 1787. However there are other types 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. |
Surrogate's Court, Queens County, Record Room Supreme Court Building, Room 700 88-11 Sutphin Boulevard Jamaica, NY 11435 (718) 520-5051 http://www.courts.state.ny.us
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Available Records:
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Mail Requests for Records |
LDS Family History Films for Probate Court
Records
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