Inventory of Record Series [cont.]
 
Description of Record Series [cont.]  
Other Records [cont.]  
J6011 Affidavits of War Service and Property by Revolutionary War Veterans (Albany), 1820. 16 items.
     This small series consists of sworn declarations of military service and real and personal property made by Revolutionary War veterans who intended to apply for pensions under an act of Congress passed on March 18, 1818. Each affidavit gives the name of applicant, his age, present residence, former military rank, physical disability if any, and a statement of his war service. The declaration further states that the applicant is a citizen of the United States and has not sold or put in trust any property since passage of the act. There follows a schedule of his real and personal property. The signature or mark of the applicant is found at the end of the declaration. Appended to the document is the certificate of a Supreme Court clerk attesting to the value of the property listed on the schedule. The documents are arranged in alphabetical order. All but one of the applicants resided in Albany County.

 
J0152 Bonds of Plaintiffs and Appellants (Albany), 1808-48. 1.7 cu. ft.
     The series consists of bonds of plaintiffs (in cases heard by the Supreme Court) or of plaintiffs in error (in cases from lower courts reviewed by the Supreme Court or the Court for the Correction of Errors) and their sureties for payment of damages and costs. The bonds are signed by the plaintiff or plaintiff in error and by the surety. The bonds are bundled by court term; few are dated before 1823. Bonds could also be required of nonresident or insolvent plaintiffs or trustees for minor plaintiffs, by a rule of the court on motion by the defendant. A plaintiff in error in Supreme Court or the Court of Errors was required to give bond by the Revised Statutes of 1829, Part III, Chap. 9, Title 3, Art. 1, Sections 26-28.

 
J1041 Petitions and Affidavits for Proof of Wills (Albany), ca. 1801-1828. .2 cu. ft.
     This small series contains documents relating to the proof of wills in the Supreme Court at Albany. Documents include the executor's petition for proof of a will in Supreme Court, affidavits of witnesses as to the competency of the testator and the authenticity of his signature, and notices to next of kin of the proof of the will. Only one actual will is found. The wills are recorded in J0041 Record of Wills Proved at Albany. Wills could be proved in the Supreme Court, instead of in the surrogate's court, when the decedent resided out of state, when heirs resided in several different counties, or when the will had to be proved immediately because the estate was in danger of loss. Laws of 1801, Chap. 9, provided for proof of wills in the Supreme Court in such cases and required the clerk of that court to record the will and the proofs taken in court.

 
J0041 Record of Wills Proved at Albany, 1799-1829. 1 vol.
     This volume contains a record of wills proved in the Supreme Court at Albany. For each case there is a copy of the will and the proof of the will. The proof consists of the following parts: either the interrogatories administered to the witnesses to the will concerning the identity of the testator and the authenticity of his will and of their signatures, with their answers, or summaries of testimony given in court by those witnesses (a will might be proved by either method); copy of notice of motion to prove the will; and copy of affidavit of service of the motion to the heirs. The entries in this volume are chronological by date of proof of will. There is a name index, and the wills are also indexed in Berthold Fernow, ed., Calendar of Wills on File and Recorded in the Office of the Clerk of the Court of Appeals ... (New York: 1896). Orders for proof and recording of wills are found in J0130 Minute Books (Albany).

 
J0020 Record of Wills Proved at Utica, 1818-29. 1 vol.
     This volume contains the same information as found in J0041. There is no index in this volume, but the wills are indexed in Fernow, Calendar of Wills. Orders for proof and recording of wills are found in J0128 Minute Books (Utica).

 
J1014 Reports of Commissioners Appointed at Appraise Lands Taken for Street Openings in New York and Brooklyn (New York), 1817, 1830, 1837, 1845. .4 cu. ft.
     This fragmentary series consists of petitions for appointment of commissioners to appraise lands taken for street openings in the cities of New York and Brooklyn, also reports of the commissioners. The petition of the mayor, aldermen, and commonalty of an incorporated city describes the parcels of land to be taken for opening, extending, or widening a street and asks the Supreme Court to appoint three commissioners to appraise the lands described. The commissioners' report again describes each parcel, gives the owner's name, and states the assessed value as determined and awarded by the commissioners. The documents relating to New York City streets date from 1817 and 1830; those relating to Brooklyn, from 1837 and 1845. The acts relating to New York City street openings were Laws of 1813, Chap. 86, and Laws of 1816, Chaps. 81 and 160. Acts relating to Brooklyn street openings were Laws of 1833, Chap. 319, and Laws of 1834, Chap. 92. The documents in this series are unarranged and unindexed. Orders appointing commissioners to assess property taken for streets in cities are filed in J0011 Motions and Declarations (Albany), and J0126 Motions (Utica). Commissioners' reports and final court orders are entered in J0130 Minute Books (Albany) and J0128 Minute Books (Utica).

 
J0012 Miscellaneous Filed Documents (Geneva), 1829-1844. .8 cu. ft.
     This series consists of miscellaneous documents that were filed together by the court clerk. They include draft rules, orders for exoneration of bail and surrender of defendants, recognizances of bail, consents to change attorneys, petitions and orders for appointment of guardians or next friends to represent infants, testimony taken conditionally (de bene esse), rules to refer a cause to determine amount of damages, copies of bonds sued upon, a few records of cases remitted or sent back from the Court of Errors, appointments of court clerks, a few pleadings, and other miscellaneous documents. The documents in this series are arranged by year of filing, but there is no index.

 
J9813 Miscellaneous Unfiled Documents (Geneva), ca. 1839-1844. .2 cu. ft.
     This series consists of judgment rolls, declarations, and other documents that were never filed because the attorneys were delinquent in paying their court fees. Most of the papers are still enclosed in the original wrappers, which bear notes in red ink as to the contents and the fees not paid. These items are unarranged and unindexed.

 
 



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