Stephen De Lancey, his father, died in 1741, upwards of 80 years of age, "worth at least £100,000 gained by his own honest industry, and that with credit, honor and reputation."! Besides which he possessed large tracts of land on New York Island and in Westchester, and Ulster counties. The whole of which estate he left to his five surviving children equally,? and the share which thus fell to James De Lancey, added to what he already possessed, made him one of the richest men in America. |

The two puisne Judgeships of the Supreme Court becoming yacant in 1731, Mr. De Lancey was appointed to be second, and Mr. Adolph Phillipse third judge. Their commissons bear date the same day, June 24'»,1731. Up to this time Mr. De Lancey had been steadily practising his profession, and had acquired the character of an able advocate and an honest lawyer. His fellow barristers were men well known, and nearly all his seniors in age. Among them were Joseph Murray, James Alexander, Francis Harrison and William Smith, the elder.

In 1730 a new charter was granted to New York, the corporation of which, in token of Mr. De Lancey's zealous exertions . in their favor upon the occasion, presented him with the freedom of the city, being the first person to whom they voted that honor under the new instrument.

Upon the death of Montgomerie in July 1731, Rip Van Dam, the eldest councillor, succeeded to the command and retained it till August 24, 1732, when Col William Cosby, the new Governor, arrived and took the reins of government. The great dispute concerning the salary soon after arose between them, Van Dam having received the whole, and Mr. Cosby producing an order in Council, dated May 315t, 1732, and given to him in England soon after his appointment, directing its equal division between them.