New York (State). Supreme Court of Judicature

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). After a will was proved and recorded in the Supreme Court or a court of common pleas, the Surrogate's Court supervised the administration and disposition of the estate.

CURRENT FUNCTIONS. The supreme court is the trial court of general jurisdiction in law and equity, subject to the limited appellate jurisdiction of the court of appeals. The supreme court exercises civil jurisdiction statewide; in New York City and some other parts of the State, it also exercises jurisdiction over felony cases. The supreme court appellate division hears appeals concerning civil and criminal cases.

ORGANIZATIONAL HISTORY. COURT OF ASSIZES. Before the Supreme Court of Judicature was established, other courts were operating in New York. Following the British conquest of New Netherland, the court of assizes was established in 1664 under the authority of the Duke of York, proprietor of the colony. Equity jurisdiction was conferred upon the court by a 1655 amendment to the Duke's Laws establishing the government of the colony.

The court consisted of the governor, his Council, and two justices from each of the three judicial districts (or "ridings") located in the southern part of the colony. After 1675, representatives from Kingston and Albany often sat as part of the court.

The court of assizes was the highest court of law and equity in the province. It exercised exclusive jurisdiction in cases of capital offenses and appellate jurisdiction in all criminal and civil matters. Its conduct of equity proceedings was modeled after the high court of chancery in England.

The court of assizes was abolished in 1684 (Chapter 31) by the colonial assembly, and its pending cases transferred to the court of chancery established the previous year.

COURT OF PROBATES. The court of probates originated in the late seventeenth century as the British authorities established a centralized probate system in the colony. It declined in importance during the late eighteenth and early nineteenth centuries as a decentralized probate system based on local courts evolved.

During the Dutch colonial period, wills were signed by the testator, two witnesses, and an official, who recorded it in a record book. This system continued briefly when the British gained control of the colony in 1664 but was soon replaced by the English common-law system of probating wills. Under the Duke's Laws of 1665, however, the newly established court of sessions was empowered to probate wills, grant administration in cases of intestacy, order the final accounting of an executor or administrator, remove an executor or administrator, order the distribution of an estate, and appoint a guardian in English-speaking areas outside of New York City. In New York City, the mayor's court, established in 1664, performed these functions. On rare occasions the court of assizes handled probate matters.

The first step toward a centralized "prerogative" office or court came in 1670 when the court of assizes passed an ordinance requiring that all wills and grants of administration be recorded in the provincial secretary's office. In 1686 a de facto prerogative court was introduced into New York by royal instructions reserving the right to probate wills and grant letters of administration to the royal governor.

A 1691 law (Chapter 4) transferred civil jurisdiction, including that over probate matters, from the court of sessions to the courts of common pleas, newly established in every city and county in the colony. A 1692 law (Chapter 27) granted the royal governor or his "delegate under the seal of the Prerogative Office" the power to admit wills to probate and to grant letters of administration, thus legally establishing the prerogative court. Estates of all decedents in the counties of New York, Richmond, Westchester, Kings, and Orange (until 1750) were to be settled before this court; proceedings in all other counties were to be conducted before the county court of common pleas, with appeals taken to the prerogative court in New York City.

The prerogative court consisted of the governor and a register who was the court's chief administrative and record-keeping officer. In the early eighteenth century the registers began using the title "principal surrogate" to describe their authority as delegate of the governor and deputy judge of the court. By the mid-eighteenth century this officer conducted most of the court's business. "Surrogates" were also appointed by the governor in remote counties to take depositions of witnesses to wills and to administer oaths to executors and administrators who could not travel to New York City. These surrogates were not probate judges but agents of the prerogative court.

New York's first State constitution in 1777 granted the Council of Appointment the power to appoint surrogates. A year later the legislature replaced the prerogative court with a court of probates (Laws of 1778, Chapter 12) with a single judge appointed by the Council of Appoinment. The judge was granted all powers formerly held by the royal governor in testamentary metters except for appointment of surrogates. Appeals were now made to the court for the trial of impeachments and correction of errors. The court of probates held sittings in different parts of the State until 1783, when it was held exclusively in New York City. In 1799 the court moved to Albany.

A law of 1787 (Chapter 38) radically changed New York State's probate system, establishing a surrogate's court in each county. The surrogates, now in effect probate judges, were empowered to take proof of wills, issue probates, and grant letters of administration for persons dying in their county and county residents dying elsewhere. The court of probates retained original jurisdiction only over the estates of decedents who were not New York State residents and New York residents who died out of state. This court also heard appeals from surrogate's courts and retained sole power to order the sale of property for payment of a decedent's debts, to decree final distribution of an estate among creditors, or to order an administrator or executor to exhibit accounts.

Laws of 1799 and 1801 further expanded the powers of the surrogate's courts and narrowed those of the court of probates. During its last twenty-two years, the court's business was limited to appeals from surrogate's courts, cases in which a surrogate acted as an administrator or executor, and cases in which the decedent was a nonresident or had died out of state.

In 1823 (Chapter 70) the legislature abolished the court of probates and vested jurisdiction over all the estates in the surrogate's courts. The chancellor now heard most appeals from county surrogate's courts.

COURT OF CHANCERY. The first session of the colonial legislature in 1683 established the court of chancery (Chapter 7), consisting of the governor, his council and any officers he wished to appoint. The governor or his designee served as chancellor. The court of chancery held exclusive jurisdiction in matters not covered by common law such as trusteeships, mortgages, mercantile law, women's property rights, and family property settlements. Like the court of assizes, the court of chancery was the colony's court of last resort in common-law matters as well as a court of equity.

In October 1688 New York was incorporated into the newly formed Dominion of New England, a royal colony created by King James II, formerly the Duke of York. Under the act creating the dominion, equity jurisdiction previously exercised by the court of chancery was now vested in the royal governor or his appointee.

In 1691, when New York was restored to separate provincial status, the assembly established a high court of chancery comprised of the royal governor and council (Chapter 4). This court exercised exclusive equity jurisdiction in the colony but had no common-law or appellate jurisdiction. The court was abolished in 1699, reestablished in 1701, suspended in 1702, and reestablished by council ordinance in 1704. Although politically controversial because it was not established by legislative enactment, this court continued operating in New York until 1783 when the British evacuated New York City.

The high court of chancery consisted of the royal governor, council, and court officers: the register, who recorded court minutes and served as secretary to the chancellor; a clerk, who handled most of the paperwork; a sergeant-at-arms, who was the enforcement officer of the court; masters, who conducted investigations and performed various administrative duties; and examiners, who examined witnesses.

Much of this court's litigation concerned commercial relations, often involving disputes over profits or money received, bills of exchange, bonds, contracts, insurance policies, and fraud. Other cases involved mortgages and real property, execution of wills or other family property agreements, collection of quit rents, vacating of land patents, requests for discovery of evidence or property on which a judgement was levied, orders for performance of terms of a contract or agreement, appointment of guardians, and injunctions of various kinds.

The first State constitution of 1777 continued the colonial court system but established a court for the trial of impeachments and correction of errors as the State's new court of last resort. A law of 1778 (Chapter 12) organized the State court of chancery (co-existing with the British high court of chancery, which retained jurisdiction in British-occupied areas of New York until 1783). The chancellor was appointed by the Council of Appointment; other court officers were the same as those in the colonial court.

A law of 1804 (Chapter 58) established the Chancery Fund, giving the register and assistant register responsibility for depositing or investing funds coming to the court through fees, performance bonds, and estate cases.

Various statutes expanded and clarified the court's jurisdiction in family relations and competency matters during the period of the first constitution (1777-1821). The court was given authority to grant divorces, annulments, and legal separations. It was responsible for protecting the property of the mentally handicapped, mentally ill, and minors through the appointment of trustees. In 1813 the court was granted special jurisdiction over the management of the property and finances of religious institutions incorporated by the State.

The second State constitution of 1821 greatly changed the administration of equity in New York State. Pursuant to the constitution, an 1823 law (Chapter 182) established eight judicial circuits and circuit judges vested with power to hold a court of equity within their circuits. The chancellor shared equity jurisdiction with the circuit judges and also exercised appellate jurisdiction over them. He also had the sole authority to hear cases involving parties from different circuits or from out of State. The same year (Chapter 70), the court of probates was abolished. The chancellor henceforth heard most appeals from county surrogate's courts. The position of chancery clerk was abolished and its duties transferred to the register and assistant register.

The revised statutes of 1829 created a uniform statewide equity system under the direction of the chancellor. The court of equity was abolished. The circuit judges retained their equity jurisdiction. In this capacity they were designated "vice chancellors" and acted as officials of the court of chancery subject to the authority of the chancellor. The court's jurisdiction over businesses and banks expanded in the 1820s, including wide powers over corporations judged by the supreme court to be insolvent or in violation of their charters.

SUPREME COURT OF JUDICATURE. The current supreme court evolved from a series of predecessor courts dating back to May 6, 1691, when New York's Colonial Assembly established the supreme court of judicature. Generally referred to as the supreme court, this was New York State's highest common-law court possessing both original and appellate jurisdiction. It combined the jurisdictions of three English courts: court of king's bench, the court of common pleas, and the court of exchequer.

The supreme court of judicature and county-level courts had overlapping original jurisdiction over criminal cases, over civil actions in which the amount demanded was over a certain sum, and over actions concerning title to real property. The supreme court also possessed appellate jurisdiction over the lower courts.

Appeals from the supreme court were allowed in civil cases involving over 100 pounds (300 pounds after 1753). These appeals were made to the royal governor and his council (sitting as what later became known as the court for the correction of errors and appeals). The court of last resort was the Privy Council, which met in London.

The supreme court bench was comprised of a chief justice and two (three after 1758) associate justices appointed by the governor and commissioned by him to hold courts. Through the colonial period, the court held regular terms twice a year in New York City. An act of 1693 authorized the justices to hold courts in each county at least once a year to try civil and criminal cases. Most civil cases were tried in these courts. A justice holding a court was also empowered to hold a court of oyer and terminer, a criminal court in which grand juries returned indictments against suspects who were then tried in this court or in the supreme court.

Article 35 of the first State constitution of 1777 continued the colonial court system largely unchanged. Until the judical reorganization of 1847, the supreme court of judicature, with five justices, remained the State's highest court of common and statute law holding original jurisdiction. However, Article 32 of the 1777 constitution established a court for the trial of impeachments and correction of errors, replacing the governor and council as the court of last resort in New York.

Supreme court justices continued to hold circuit courts, courts of oyer and terminer, and two regular terms each year. A law of 1785 required four annual regular terms, two in New York City and two in Albany. In 1820 one New York term was moved to Utica; in 1841, one Albany term was moved to Rochester.

During its terms, the court heard arguments and ruled on points of law raised during pleading in supreme court or during trial proceedings in the circuit courts, and reviewed cases appealed from county-level civil and criminal courts. Beginning in 1830, special terms were authorized to be held monthly to conduct business not on the court calendar, such as hearing motions of change of venue or for other special "rules."

SUPREME COURT. The third State constitution of 1846 abolished the court of chancery as of July 1, 1847. Original jurisdiction for equity matters was transferred to the supreme court. The constitution established a new supreme court as the highest court of original jurisdiction in equity as well as law. The supreme court also heard appeals from the county courts. Eight general terms of the supreme court, one for each judicial district, were established as courts of intermediate appeal. The new court of appeals replaced the court for the trial of impeachments and correction of errors as the State's court of last resort.

The supreme court was restructured by the Judiciary Article added to the constitution in 1869. Effective in 1870, the State was divided into four departments and the eight judicial districts were distributed among the departments, with each district consisting of three justices and a presiding judge (except that New York City had five justices). The supreme court's jurisdiction remained the same, but judges could no longer sit in review of their own cases. The number of justices was increased in 1879 and 1882 to help deal with the large number of supreme court cases.

The fourth State constitution of 1894 changed the organization of the supreme court. The trial terms (known as circuit courts and courts of oyer and terminer) were abolished and reestablished as terms of the supreme court. Effective 1896, an appellate division of the supreme court was created to hear all appeals previously heard in the supreme court general terms.

The supreme court structure and jurisdiction established by the 1894 constitution have remained essentially the same except for changes in the number of judges and judicial districts. The State is now divided into twelve judicial districts. The number of justices in each district may be increased by the Legislature up to one justice for each 50,000, or fraction over 30,000, of population. Justices are elected by voters of their respective districts, but their jurisdiction extends statewide. County clerks are clerks of the supreme court in their respective counties. An appellate division continues to operate in each of the four judicial departments of the State. Each appellate division has its own clerk. Each appellate division has the power to establish an appellate term of the supreme court to be held in and for its department or any district within the department. Currently there are appellate terms in the first and second departments.

COURT OF ASSIZES. Before the Supreme Court of Judicature was established, other courts were operating in New York. Following the British conquest of New Netherland, the court of assizes was established in 1664 under the authority of the Duke of York, proprietor of the colony. Equity jurisdiction was conferred upon the court by a 1655 amendment to the Duke's Laws establishing the government of the colony.

The court consisted of the governor, his Council, and two justices from each of the three judicial districts (or "ridings") located in the southern part of the colony. After 1675, representatives from Kingston and Albany often sat as part of the court.

The court of assizes was the highest court of law and equity in the province. It exercised exclusive jurisdiction in cases of capital offenses and appellate jurisdiction in all criminal and civil matters. Its conduct of equity proceedings was modeled after the high court of chancery in England.

The court of assizes was abolished in 1684 (Chapter 31) by the colonial assembly, and its pending cases transferred to the court of chancery established the previous year.

COURT OF PROBATES. The court of probates originated in the late seventeenth century as the British authorities established a centralized probate system in the colony. It declined in importance during the late eighteenth and early nineteenth centuries as a decentralized probate system based on local courts evolved.

During the Dutch colonial period, wills were signed by the testator, two witnesses, and an official, who recorded it in a record book. This system continued briefly when the British gained control of the colony in 1664 but was soon replaced by the English common-law system of probating wills. Under the Duke's Laws of 1665, however, the newly established court of sessions was empowered to probate wills, grant administration in cases of intestacy, order the final accounting of an executor or administrator, remove an executor or administrator, order the distribution of an estate, and appoint a guardian in English-speaking areas outside of New York City. In New York City, the mayor's court, established in 1664, performed these functions. On rare occasions the court of assizes handled probate matters.

The first step toward a centralized "prerogative" office or court came in 1670 when the court of assizes passed an ordinance requiring that all wills and grants of administration be recorded in the provincial secretary's office. In 1686 a de facto prerogative court was introduced into New York by royal instructions reserving the right to probate wills and grant letters of administration to the royal governor.

A 1691 law (Chapter 4) transferred civil jurisdiction, including that over probate matters, from the court of sessions to the courts of common pleas, newly established in every city and county in the colony. A 1692 law (Chapter 27) granted the royal governor or his "delegate under the seal of the Prerogative Office" the power to admit wills to probate and to grant letters of administration, thus legally establishing the prerogative court. Estates of all decedents in the counties of New York, Richmond, Westchester, Kings, and Orange (until 1750) were to be settled before this court; proceedings in all other counties were to be conducted before the county court of common pleas, with appeals taken to the prerogative court in New York City.

The prerogative court consisted of the governor and a register who was the court's chief administrative and record-keeping officer. In the early eighteenth century the registers began using the title "principal surrogate" to describe their authority as delegate of the governor and deputy judge of the court. By the mid-eighteenth century this officer conducted most of the court's business. "Surrogates" were also appointed by the governor in remote counties to take depositions of witnesses to wills and to administer oaths to executors and administrators who could not travel to New York City. These surrogates were not probate judges but agents of the prerogative court.

New York's first State constitution in 1777 granted the Council of Appointment the power to appoint surrogates. A year later the legislature replaced the prerogative court with a court of probates (Laws of 1778, Chapter 12) with a single judge appointed by the Council of Appoinment. The judge was granted all powers formerly held by the royal governor in testamentary metters except for appointment of surrogates. Appeals were now made to the court for the trial of impeachments and correction of errors. The court of probates held sittings in different parts of the State until 1783, when it was held exclusively in New York City. In 1799 the court moved to Albany.

A law of 1787 (Chapter 38) radically changed New York State's probate system, establishing a surrogate's court in each county. The surrogates, now in effect probate judges, were empowered to take proof of wills, issue probates, and grant letters of administration for persons dying in their county and county residents dying elsewhere. The court of probates retained original jurisdiction only over the estates of decedents who were not New York State residents and New York residents who died out of state. This court also heard appeals from surrogate's courts and retained sole power to order the sale of property for payment of a decedent's debts, to decree final distribution of an estate among creditors, or to order an administrator or executor to exhibit accounts.

Laws of 1799 and 1801 further expanded the powers of the surrogate's courts and narrowed those of the court of probates. During its last twenty-two years, the court's business was limited to appeals from surrogate's courts, cases in which a surrogate acted as an administrator or executor, and cases in which the decedent was a nonresident or had died out of state.

In 1823 (Chapter 70) the legislature abolished the court of probates and vested jurisdiction over all the estates in the surrogate's courts. The chancellor now heard most appeals from county surrogate's courts.

COURT OF CHANCERY. The first session of the colonial legislature in 1683 established the court of chancery (Chapter 7), consisting of the governor, his council and any officers he wished to appoint. The governor or his designee served as chancellor. The court of chancery held exclusive jurisdiction in matters not covered by common law such as trusteeships, mortgages, mercantile law, women's property rights, and family property settlements. Like the court of assizes, the court of chancery was the colony's court of last resort in common-law matters as well as a court of equity.

In October 1688 New York was incorporated into the newly formed Dominion of New England, a royal colony created by King James II, formerly the Duke of York. Under the act creating the dominion, equity jurisdiction previously exercised by the court of chancery was now vested in the royal governor or his appointee.

In 1691, when New York was restored to separate provincial status, the assembly established a high court of chancery comprised of the royal governor and council (Chapter 4). This court exercised exclusive equity jurisdiction in the colony but had no common-law or appellate jurisdiction. The court was abolished in 1699, reestablished in 1701, suspended in 1702, and reestablished by council ordinance in 1704. Although politically controversial because it was not established by legislative enactment, this court continued operating in New York until 1783 when the British evacuated New York City.

The high court of chancery consisted of the royal governor, council, and court officers: the register, who recorded court minutes and served as secretary to the chancellor; a clerk, who handled most of the paperwork; a sergeant-at-arms, who was the enforcement officer of the court; masters, who conducted investigations and performed various administrative duties; and examiners, who examined witnesses.

Much of this court's litigation concerned commercial relations, often involving disputes over profits or money received, bills of exchange, bonds, contracts, insurance policies, and fraud. Other cases involved mortgages and real property, execution of wills or other family property agreements, collection of quit rents, vacating of land patents, requests for discovery of evidence or property on which a judgement was levied, orders for performance of terms of a contract or agreement, appointment of guardians, and injunctions of various kinds.

The first State constitution of 1777 continued the colonial court system but established a court for the trial of impeachments and correction of errors as the State's new court of last resort. A law of 1778 (Chapter 12) organized the State court of chancery (co-existing with the British high court of chancery, which retained jurisdiction in British-occupied areas of New York until 1783). The chancellor was appointed by the Council of Appointment; other court officers were the same as those in the colonial court.

A law of 1804 (Chapter 58) established the Chancery Fund, giving the register and assistant register responsibility for depositing or investing funds coming to the court through fees, performance bonds, and estate cases.

Various statutes expanded and clarified the court's jurisdiction in family relations and competency matters during the period of the first constitution (1777-1821). The court was given authority to grant divorces, annulments, and legal separations. It was responsible for protecting the property of the mentally handicapped, mentally ill, and minors through the appointment of trustees. In 1813 the court was granted special jurisdiction over the management of the property and finances of religious institutions incorporated by the State.

The second State constitution of 1821 greatly changed the administration of equity in New York State. Pursuant to the constitution, an 1823 law (Chapter 182) established eight judicial circuits and circuit judges vested with power to hold a court of equity within their circuits. The chancellor shared equity jurisdiction with the circuit judges and also exercised appellate jurisdiction over them. He also had the sole authority to hear cases involving parties from different circuits or from out of State. The same year (Chapter 70), the court of probates was abolished. The chancellor henceforth heard most appeals from county surrogate's courts. The position of chancery clerk was abolished and its duties transferred to the register and assistant register.

The revised statutes of 1829 created a uniform statewide equity system under the direction of the chancellor. The court of equity was abolished. The circuit judges retained their equity jurisdiction. In this capacity they were designated "vice chancellors" and acted as officials of the court of chancery subject to the authority of the chancellor. The court's jurisdiction over businesses and banks expanded in the 1820s, including wide powers over corporations judged by the supreme court to be insolvent or in violation of their charters.

SUPREME COURT OF JUDICATURE. The current supreme court evolved from a series of predecessor courts dating back to May 6, 1691, when New York's Colonial Assembly established the supreme court of judicature. Generally referred to as the supreme court, this was New York State's highest common-law court possessing both original and appellate jurisdiction. It combined the jurisdictions of three English courts: court of king's bench, the court of common pleas, and the court of exchequer.

The supreme court of judicature and county-level courts had overlapping original jurisdiction over criminal cases, over civil actions in which the amount demanded was over a certain sum, and over actions concerning title to real property. The supreme court also possessed appellate jurisdiction over the lower courts.

Appeals from the supreme court were allowed in civil cases involving over 100 pounds (300 pounds after 1753). These appeals were made to the royal governor and his council (sitting as what later became known as the court for the correction of errors and appeals). The court of last resort was the Privy Council, which met in London.

The supreme court bench was comprised of a chief justice and two (three after 1758) associate justices appointed by the governor and commissioned by him to hold courts. Through the colonial period, the court held regular terms twice a year in New York City. An act of 1693 authorized the justices to hold courts in each county at least once a year to try civil and criminal cases. Most civil cases were tried in these courts. A justice holding a court was also empowered to hold a court of oyer and terminer, a criminal court in which grand juries returned indictments against suspects who were then tried in this court or in the supreme court.

Article 35 of the first State constitution of 1777 continued the colonial court system largely unchanged. Until the judical reorganization of 1847, the supreme court of judicature, with five justices, remained the State's highest court of common and statute law holding original jurisdiction. However, Article 32 of the 1777 constitution established a court for the trial of impeachments and correction of errors, replacing the governor and council as the court of last resort in New York.

Supreme court justices continued to hold circuit courts, courts of oyer and terminer, and two regular terms each year. A law of 1785 required four annual regular terms, two in New York City and two in Albany. In 1820 one New York term was moved to Utica; in 1841, one Albany term was moved to Rochester.

During its terms, the court heard arguments and ruled on points of law raised during pleading in supreme court or during trial proceedings in the circuit courts, and reviewed cases appealed from county-level civil and criminal courts. Beginning in 1830, special terms were authorized to be held monthly to conduct business not on the court calendar, such as hearing motions of change of venue or for other special "rules."

SUPREME COURT. The third State constitution of 1846 abolished the court of chancery as of July 1, 1847. Original jurisdiction for equity matters was transferred to the supreme court. The constitution established a new supreme court as the highest court of original jurisdiction in equity as well as law. The supreme court also heard appeals from the county courts. Eight general terms of the supreme court, one for each judicial district, were established as courts of intermediate appeal. The new court of appeals replaced the court for the trial of impeachments and correction of errors as the State's court of last resort.

The supreme court was restructured by the Judiciary Article added to the constitution in 1869. Effective in 1870, the State was divided into four departments and the eight judicial districts were distributed among the departments, with each district consisting of three justices and a presiding judge (except that New York City had five justices). The supreme court's jurisdiction remained the same, but judges could no longer sit in review of their own cases. The number of justices was increased in 1879 and 1882 to help deal with the large number of supreme court cases.

The fourth State constitution of 1894 changed the organization of the supreme court. The trial terms (known as circuit courts and courts of oyer and terminer) were abolished and reestablished as terms of the supreme court. Effective 1896, an appellate division of the supreme court was created to hear all appeals previously heard in the supreme court general terms.

The supreme court structure and jurisdiction established by the 1894 constitution have remained essentially the same except for changes in the number of judges and judicial districts. The State is now divided into twelve judicial districts. The number of justices in each district may be increased by the Legislature up to one justice for each 50,000, or fraction over 30,000, of population. Justices are elected by voters of their respective districts, but their jurisdiction extends statewide. County clerks are clerks of the supreme court in their respective counties. An appellate division continues to operate in each of the four judicial departments of the State. Each appellate division has its own clerk. Each appellate division has the power to establish an appellate term of the supreme court to be held in and for its department or any district within the department. Currently there are appellate terms in the first and second departments.