Last Will and Testament of Robert Taylor, Sr.

 

Transcript and Comments

by David M. Taylor
March 2004

 

I, Robert Taylor of Shrewsbury Township in Lycoming County in Pennsylvania being weak in body but being of sound and disposing mind and memory blessed by God for the … considering the uncertainty of life and the certainty of death and it appearing proper for me to order and dispose of the property which it hath pleased God to bless me with, I do make this my last Will and Testament in manner and form following here by revoking all other wills by me at any time heretofore made and declaring this and no other to be my last Will and Testament---- first I commend my soul to almighty God who gave it to me trusting for pardon and a blessed immortality through the mediation and attonemtnt of our Lord and Savoir Jesus Christ.  I direct my body to be buried in a decent and Christian manner at the discretion of my executors in the piece of ground dedicated by me for a graveyard and place of burying-- on a part of my lands situate in a place called the graveyard field in Shrewsbury Township aforesaid.  I direct that my executors procure proper plain marble gravestones for my own grave and that of my wife.  I give to Shrewsbury Township one half acre of land including the place directed for the burying of my remains for a public cemetery to the said Shrewsbury Township and the successors of the said Shrewsbury Township forever in trust for the use of public cemetery or burying ground and for no other use or trust--reserving thereout a sufficient quantity of land for the interment of my own family and family relatives, who may hereafter desire to be buried therein not to be less than four per…square within the boundaries of the said half acre.  I request my executors to cause to be erected upon the said half acre as soon after my decease as it can be conveniently done a wall built, substantial stone wall around the said four per …square so as to enclose my own grave and to be for the interment of my own grave and family relatives, and to erect a suitable and proper gate for the same.  I wish the said half acre of land to be called and known as “the Taylor burial ground”.  Touching the remainder of all my real estates and personal property I give, devise and dispose of the same in the following manner-- to wit.  To my good wife Elizabeth Taylor who has affectionately assisted me and done her duty during the time of our unity as my wife and as the mother of our children I give as follows - viz -  I give my wife the room on the ground floor of the new end of the house I now live in, at the west end of the said house - the room on the same floor of the same new house at the southeast corner of the same, and the room directly over the same on the second floor with the free right of entrance to all the same rooms from the one to the other and into the same from the outside or entry door.  I give her also as much garden room as she may select and desire to have as her own garden. Within the boundaries of our present garden.  I give the said rooms and the said garden to my wife during all the term of her natural life.  I also give to her free use of water during the said term.  She is also  to have her firewood from the farm I now live on, cut and hauled to her door.  I give my wife one cow and four sheep, all as she shall choose, and a riding horse as she shall choose to be kept for her during all her life on the farm I now live on.  I give her a Dearborn wagon, two beds and bedding and bedsteads, her choice as much kitchen utensils as she may think right to select, one dining table and breakfast table, one bureau, the corner cupboard in the room next to the  kitchen, as much crockery, queens ware and china as she shall think proper to select for her own use, as much table linen and towels as she may want.  I give her also one hundred twenty dollars per annum during all the term of her natural life, which I direct my executores herein named to cause to be paid to her half yearly out of the fund appropriated for that purpose.  I divide my property among my children as follows:

            To my son, Frederick Taylor I give and devise the tract of land on which he lives with the appurtenances to him, his heirs and assigns forever according to a division thereof made on the ground between him and my son, Robert, by a division fence made thereof on the ground, and by a line to be extended from the said division fence to a field of my son Robert at a lynnwood tree, thence northerly along a line to the end of it, thence easterly along the foot of the Burkholder hill on the north side of it to the east end of the tract; the division to be in conformity to the line as aforesaid shown by me to my son, Frederick and my son, Robert, and in conformity to the present professions  respectively of my said sons, the said tract of land being situate in Shrewsbury Township aforesaid.  To my son, Robert Taylor I give and devise the tract of land on which he lives situate in Shrewsbury Township with the appurtances and also so much of the…survey, willed to my son, Frederick as is excluded from the part willed to the said Frederick by the division line described in the devise above written to my son, Frederick, to have and hold the same to my son, Robert Taylor his heirs and assigns. 

            To my son, Richard Taylor, I give and devise the tract of land on which he now lives with the appurtances now situate in Shrewsbury Township in Lycoming County to him his heirs and assigns forever.  I also give him three hundred dollars to be paid to him in money. 

            To my son, James Taylor, besides what he has had, I give him six hundred and fifty dollars, to be paid to him in money by my executors. 

            To my son William Taylor besides what I have already given, I give him two hundred and fifty dollars to be paid to him by my executors. 

            To my son John Taylor and my son George Washington Taylor I give and devise the farm, mills, distillery and plantation on which I live with the appurtances situate in Shrewsbury Township aforesaid subject to the estate for life given to their mother in the parts of the dwelling house described in the devise to her and also subject to her estate for life in the garden and right to use water for her use, and also subject to the right and privilege given to their mother of firewood from the said premises, and also to the keeping of a cow, four sheep and a riding horse for life.  They are also to cut and haul the firewood for the use of my wife as aforesaid.  These privileges of my said wife and duties charged upon my sons as devises of the said tract of land are to extend for and during all the term of the natural life of my said wife and are to be chargeable upon the tract of land and premises now so devised as aforesaid to my said sons John Taylor and George Washington Taylor their heirs and assigns.  I also charge upon the said devised premises last above mentioned the payment of my said sons John Taylor and George Washington Taylor of the same one hundred and twenty dollars per annum to their mother Elizabeth Taylor too be paid by their executors, administrators or assigns semi-annually from the day of my decease until the time until the decease of my said wife, the said privileges  given to my said wife, the duties charged upon the said devised  estate to my two sons last named, and the payment of said sum of money of one hundred and twenty dollars per annum to be paid semi-annually, I direct to be secured upon the said devised premises in such way that my said wife for interuption in the enjoyment of the said privileges, for the non-performance of the said duties on the non-payment of the said money as aforesaid shall have a right of entry into the said premises and distress for the same as in the cases of non-payment of rent.  The said farm, mills, distillery and plantation with the appearances subject to the estate for life of my said wife as aforesaid and subject to the encumbrances aforesaid.  I give and devise to my said sons John Taylor and George Washington Taylor their heirs and assigns to be held by them undivided as tenants in common.  I also give to my said sons John and Geo. Washington Taylor to them their heirs and assigns to be held by them as tenants in common undivided all the following piece and parcel of land situate in Shrewsbury Township aforesaid and being part and parcel of the land I purchased of John Henderson; beginning in line of the said tract and the line of the tract bought of John Jay at the corner of a fence near a large spring, thence an easterly course to a point 5 perches north of a chestnut sapling growing on the west side of the lane, thence continuing the same easterly course to the division fence between my brother Frederick Taylor and myself, thence southeasterly to the line of the John Henderson tract to the southeast corner then along the line of the same tract to the southeast corner, then still by the line of the same tract to the place of beginning supposed to contain twenty acres more or less, with a priveledge of getting timber from the John Henderson tract for the living of the same until the same shall be enclosed by fence round the same but not to continue any longer time. 

            To my son, John Taylor I give and devise two hundred acres and allowance with the appurtance to him his heirs and assigns of the tract of land situate in Shrewsbury Township surveyed in the name of Henry Shuler to be laid off of the east end of the said tract by a line crossing the tract parallel to the end lines. 

            To my sons Richard and George Washington Taylor, I give and devise the remainder of the tract of land surveyed in the name of Henry Shuler supposed to amount to two hundred and forty seven acres and allowance be the same more or less, to hold to them their heirs and assigns forever in tenants in common share and share alike.

            To my daughter Elizabeth Corson I give two hundred eighty five dollars to be paid to her by my executors.

            To my daughter Catherine Taylor I give five hundred and eighty five dollars to be paid to her by my executors.

            To my daughter Mary Ann Taylor I give five hundred and sixty dollars to be paid to her by my executors.

            To my son, Matthew Taylor I give and devise the remainder of the tract purchased of John Henderson with the appearances not already devised to my sons John Taylor and George Washington Taylor, and I also give and devise unto my son Matthew Taylor all the tract and parcel of land adjoining the last mentioned land purchased of John Jay with the appearances to hold to my son Matthew Taylor his heirs and assigns forever, subject to the priveledge my son Richard Taylor as a personal privelege not assignable or transferable, to have fruit from four rows of apple trees on the north side of the orchard on the Henderson farm until the first day of April, 1845.

            To my daughter Jenny Taylor I give five hundred and thirty five dollars to be paid by my executors.

            I give and devise the Dorsey farm which I purchased from the heirs of D…r Allison situate in Muncy Creek in Shrewsbury Township containing about two hundred acres more or less to my sons  Frederick, Robert, Richard, James William, John, George Washington and Matthew, their heirs and assigns to hold them as tenets in common subject to and chargable with the payment of the following sums of money.  To pay to my daughter Elizabeth Corson one hundred and fifty dollars at the expiration of two years after my decease.  To pay to my daughter Catherine the sum of one hundred and fifty dollars at three years after my decease with one year’s interest on the same.  To pay to my daughter Mary Ann Taylor one hundred and fifty dollars at four years after my decease with two years interest on the same.  To pay to my daughter Jenny Taylor at five years after my decease one hundred and fifty dollars with three year’s interest on the same.  I have made preparations for building a house upon the said Dorsey Farm.  It is my wish that my executors shall cause the same to be erected and finished in the plain tenantable  manner of my personal estate.  The money which I have directed to be paid to my sons Richard, James and William is to paid to them at one year after my decease.  The sum of two hundred eighty five dollars to be paid to my daughter Elizabeth Corson and the sum of five hundred and eighty five dollars to be paid to my daughter Catherine Taylor on both to be also paid at one year after my decease.  The sum of five hundred eighty five dollars to be paid to my daughter Mary Ann Taylor shall be payable to her once her coming of age with interest from one year after my decease, and the sum of five hundred and thirty five dollars to be paid to my daughter Jenny Taylor shall also be payable to her upon her coming of age with interest on the same from one year after my decease.

            In event of any of my children selling up claim against my executors for services rendered to me then any devise and legacy herein devised and given to such child shall be hereby revoked and such claimant shall only receive from my executors such sums as they may recover for such claim.  It is my wish that my executors shall make an inventory and appraisment of all my personal property according to the law and sell and convert the same into money, my wife and children being preferred to take such articles of personal property as may be proper for them to purchase and take at the appraised valuation thereof after payment of the charges hereby directed be paid by my executors after paying the several legacies herein mentioned after having paid all my just debts and funeral expenses which are to be paid before any legacies shall be paid by my executors and having set apart a sufficient fund or sum for payment of the expenses of the administration of my estate, I hereby order and direct that the remainder and residue of all my personal estate shall be paid and distributed to and among all my children, share and share alike.

            I give and devise to my sons Frederick Taylor, Robert Taylor, Richard Taylor, James Taylor, William Taylor, John Taylor George Washington Taylor and Mathew Taylor all my share interest and estate of and in two certain tracts of land situate in Elkland Township, Lycoming County and held by me as tenant in common with George Henry, William and Jacob Kleese- the articles of agreement between them and me being in the hands of Samuel Shoemaker sign my share being one equal…divided fifth part of the whole of the two tracts, I give and devise the same to my sons above mentioned to them their heirs and assigns forever as tenants in common.

            I give to my son George Washington Taylor my watch with my request to him that he will please to keep it for my rememberance as long as he lives.

            I appoint my friend William Cox Ellis to be guardian of my daughter Mary Ann Taylor and Jane Taylor and of my son, Matthew Taylor until they shall respectively arrive at the age of twenty one.

            Lastly, I hereby appoint my sons, Robert Taylor, James Taylor and John Taylor to be the executors of this my will in testimony of all which I have hereunto set my hand and seal the thirteenth day of March in the year of our Lord one thousand eighth hundred and thirty eight.

            Signed, sealed, published and declared by Robert Taylor the testator as and for his last will and testament in our presence who at his request and in his presence have hereunto set our names as witnesses thereof; John Whitacre, Robert Kitchen, etc., etc., etc.

 

COMMENTS:

 

Robert died three days after the will was signed.

The earliest possible birth date for Mary Ann, Jane and Matthew was 1818, since, at the time of the will (1838), they were not yet age 21.

 

Robert’s half brother, Frederick, Jr. owned land adjacent to him, as mentioned in the will.

 

Six separate pieces of property were purchased by Robert, Sr. in Lycoming County:

1.         Land purchased from John Henderson

2.         Land purchased from John Jay.

3.         Land originally surveyed for Henry Schuler.

4.         The Dorsey Farm purchased from  … Allison in Muncy Creek.

5.         Two tracts of land in Elkland Twp. Jointly owned by Robert, Sr., George Henry, William and Jacob Kleese.

6.         Land purchased in Rock Run from George Lewis in 1804, as reported by Ingham’s History of Sullivan County, 1899.