Estate
and Court Records of the Taylor Family
Graciously contributed by LaVelda
Faull.
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The
Estate of WILLIAM TAYLOR, His widow was MALINDA (LOYD) TAYLOR.
Note that in these records the name is spelled Affidavit of Decease and Names of Heirs State of Illinois MELINDA TAYLER being duly sworn deposes
and says that WILLIAM TAYLER late of the County of White and State of
Illinois, is dead, and that he died on or about the 5th day of July A.D.
1862 and that his Personal Estate will probably amount to $100 that said
WILLIAM TAYLER left at the time of his decease this affiant his widow,
and RACHAEL UPTON, MARIA C. SMITH, JAMES, JOHN GEORGE, JANE & AMY
TAYLER his children.
MELINDA (Her X mark)
TAYLER Subscribed and Sworn to before me this
8th day of Dec A.D. 1862.
R. S. GRAHAM, Clerk Summons Against Administrators. State of Illinois To the Sheriff of White County
---Greeting: Whereas, The Non-Cupative Will of WM
TAYLER has filed in the office of the Clerk of the County Court of said
County and has been duly proven in open court. You are therefore commanded to summon
AUGUSTUS SMITH, MARIA SMITH, JOHN C. UPTON, RACHAEL UPTON, and JAMES
TAYLER heirs at law of WM TAYLER deceased, to be and appear before the
County Court of said County on the first day of the next term of said
Court to be holden at the Court House in Carmi on the next Monday in the
month of Sept. next to show if any they have why Letters of Testamentary
on said will should not be granted. And have you then and there this writ. Witness, R. S. GRAHAM, Clerk of the
County Court for County at Carmi, this 22nd day of July A.D. 1862.
R. S. GRAHAM, Clerk The Non-Cupative Will of WILLIAM TAYLER,
deceased "We the undersigned witnesses do
hereby certify that we were well acquainted with WILLIAM TAYLER in his
lifetime, and were present with him at the time of his death, and we
state that he died in White County, Illinois on Saturday morning July 5,
1862. And we further state
that at and up to the time of his death he was in his right mind and
memory. We state further
that on Friday th 4th of July 1862 and while in sound mind and memory
said WILLIAM TAYLER in the presence of his wife and children, and also
in our presence and the presence of a number of others, proclaimed the
following disposition of his personal property to be his last will and
testament in relation thereto - namely - That his wife MALINDA TAYLER should
remain in possession of the farm and take charge of the same and that
his five children there at home namely JAMES TAYLOR, JOHN TAYLER, GEORGE
TAYLER, JANE TAYLER, and AMY TAYLER should remain with her upon the farm
until they were grown or raised. that his said wife should pay all his
just debts and that she should have in her own right all his personal
Estate of every kind and description to be used in her discretion for
the support of herself and said children above named.
He also ordered that he had given to his two married daughters to
wit: RACHAEL UPTON and
MARIAH C. SMITH all the personal estate he had intended for them, and
that all he owned at the time of his death after paying his debts he
gave his wife as aforesaid in her own right to be used by her as
aforesaid in her own discretion for the support of herself and his said
five children at home at the time of his death.
And we further state that the above is his whole will in regard
to his personal property, as stated by him at the time above, and in
full view at the time of his approaching death." White Co., Ill July 14, 1862. We the undersigned do certify that the
above writing was made on the ninth day after the death of WILLIAM
TAYLER that he died in the 5th day of July 1862 and that the above was
exhibited to us as it now appears on the 14th day of July 1862. W. P. GARRISON, Co. Judge.
WILLIAM P. CAIN JAMES (X his mark) TAYLER Below is the White County, Illinois
County Court Suit of the Widow, ELIZABETH TAYLOR vs the heirs of JAMES TAYLOR, deceased.
He was born ca
1780-90, son of WILLIAM and MARTHA (HUNT??) TAYLOR SR.
Elizabeth Taylor, widow of James Taylor, was his second wife,
sister of his first wife, Rachel. They
were both daughters of Joseph Rose. Petition
for Sale of Real Estate State of Illinois Estate
of JAMES TAYLOR Deceased. To the Hon. SAMUEL H. MARTIN Judge of
the County Court of said County: Your petitioner ELIZABETH TAYLOR,
Administratrix of the Estate of JAMES TAYLOR late of said County,
deceased, respectfully represents: That the said JAMES TAYLOR departed
this life at his home in White County, Illinois on or about the 20th day
of February 1871. That your
Petitioner was on the 7th day of March 1870(?) duly appointed by the
County Court of said White County Administratrix of the Estate of JAMES
TAYLOR aforesaid as will appear by her letters of Administration. That the Inventory, Appraisement Bill,
and Sale Bill in said Estate have been duly filed in the office of the
Clerk of this Court, and that the undersigned Administratrix rendered to
said Court a just and true account of the personal estate and debts of
said deceased, a certified copy of which account is hereto attached, and
made part of this petition, for reference and evidence, and marked
"Exhibit A". That the personal estate of JAMES
TAYLOR as appears from the aforesaid account and exhibit amounts to One
Hundred and Thirty-Eight and 35/100 Dollars...That the Debts and demands
allowed against and the liabilities of the said estate amount to Four
Hundred and Ninety Four and 24/100 Dollars as will more particularly
appear from said account, marked "Exhibit A.".
That your petitioner has applied all
the proceeds of said personal estate which have come to her possession
towards the payment of said debts, as by her accounts and vouchers on
file in this Court, will more particularly appear, and that there is a
deficiency of pesonal property to pay the debts of the said deceased. And your petitioner further represents
that the said JAMES TAYLOR died, seized in fee of certain Real Estate in
said County, described as follows, to wit: The South West Quarter of the
North East Quarter Section Twenty Two (22) Township Four (4) South Range
Eight (8) East - and three acres out of the South West corner of the
North West fourth of the South East Quarter of Section Twenty-Two (22)
Township Four (4) South Range Eight (8) East - 38 acres. That the said deceased left him
surviving ELIZABETH TAYLOR as his widow, having a dower interest in his
real estate, and the following named children and descendents of
children: DELILAH MCDOWELL wife of ELISHA
MCDOWELL; JOHN TAYLOR; CATHERINE SMITH wife of AUGUSTUS SMITH; GEORGE
TAYLOR, AMY TAYLOR, JANE TAYLOR, children of WILLIAM TAYLOR deceased;
WILLIAM UPTON; JANE TAYLOR, POLLY A. TAYLOR, ELLEN TAYLOR, RACHEL TAYLOR
children of JAMES TAYLOR dec'd. DELILAH
MONTGOMERY who married ___MONTGOMERY who has abandoned her; MATILDA
HYLER wife of GEORGE HYLER and BENJAMIN BLACKBURN child of LUCINDA
BLACKBURN deceased who married WILLIAM BLACKBURN now deceased.
That the said GEORGE TAYLOR, AMY TAYLOR, JANE TAYLOR, WILLIAM
UPTON, JAEMS TAYLOR, POLLY A. TAYLOR, ELLEN TAYLOR and RACHEL TAYLOR are
minors having no legal Guardian living in said White County.
White County ELIZABETH TAYLOR, Admx. of the Estate
of JAMES TAYLOR, deceased. Petition
to sell Real Estate to pay debts VS DELILAH MCDOWELL, ELISHA MCDOWELL, JOHN
TAYLOR, CATHERINE SMITH, AUGUSTUS SMITH, GEORGE TAYLOR, AMY TAYLOR,
JAMES TAYLOR, WILLIAM UPTON, JOHN C. UPTON, JAMES TAYLOR, POLLY A.
TAYLOR, ELLEN TAYLOR, RACHEL TAYLOR, DELILAH J. MONTGOMERY, MATILDA
HYLER, and GEORGE HYLER and BENJAMIN BLACKBURN children and descendents
of children of JAMES TAYLOR, deceased. And now comes the petitioner by
PARTRIDGE & JOHNS her solictors and present her petition herein, and
it satisfactorily appearing to the Court that the defendants: DELILAH MCDOWELL, ELIJAH MCDOWELL, JOHN
TAYLOR, CHATARINE SMITH, AUGUSTUS SMITH, GEORGE TAYLOR, AMY TAYLOR, JAN
E TAYLOR, WILLIAM UPTON, JOHN C. UPTON, ELLEN TAYLOR, RACHEL TAYLOR,
DELILAH J. MONTGOMERY (her name was lined out), MATILDA HYLER, GEORGE
HYLER and BENJAMIN BLACKBURN have been durly served with summons herein
by the Sheriff of White County and that the defendants DELILAH J.
MONTGOMERY, JANE TAYLOR and POLLY A. TAYLOR non-residents of the State
of illinois and have been duly notified of this proceeding by
publication as required by law; It
is therefore ordered by the Court that said defendants be called.
And they being three times solemnly called, came not, nor any one
for them but herein fail and make default; which is ordered to be
entered of record; and it further appearing to the Court that the said
GEORGE TAYLOR, AMY TAYLOR, JANE TAYLOR, WILLIAM UPTON, JANE TAYLOR,
POLLY A. TAYLOR, ELLEN TAYLOR AND RACHEL TAYLOR are minors and have no
Guardian; It is therefore ordered that JAMES H. SHIPLEY be and he is
hereby appointed Guardian ad litem for said minors.
And afterwards the said JAMES H. SHIPLEY as such Guardian Ad
Litem comes and files his answer herein, neither admitting nor denying
the allegations in said petition contained, but reserving the rights of
said minors by requiring proof. And
this cause having been brought on to be heard upon the petition and the
exhibits and proofs. and it satisfactorily appearing to the Court from
the evidence that the said JAMES TAYLOR departed this life on or about
the 20th day of February A.D. 1871, leaving ELIZABETH TAYLOR his widow
and DELILAH MCDOWELL wife of ELISHA MCDOWELL, JOHN TAYLOR, CATHERINE
SMITH wife of AUGUSTUS SMITH, GEORGE TAYLOR, AMY TAYLOR, JANE TAYLOR,
WILLIAM UPTON, JOHN C. UPTON, JANE TAYLOR, POLLY A. TAYLOR, ELLEN
TAYLOR, RACHEL TAYLOR, DELILAH MONTGOMERY, MATILDA HYLER and GEORGE
HYLER and BENJAMIN BLACKBURN children and descendants of children, and
only heirs at law; that the petitioner herein was duly appointed
Administratrix of the Estate of said JAMES TAYLOR deceased, and that
Letters of Administration were duly granted to her by this Court,
bearing date on the 7th day of march A.D. 1871 and the Court having
ascertained that said petitioner as aforesaid has made a just and true
account of the condition of the estate of said deceased to this Court,
and that the personal estate of said deceased is not sufficient for the
payment of the debts of the said JAMES TAYLOR deceased; and the Court
having found the amount of the deficiency aforesaid to be the sum of Two
Hundred and Fifty-five and 89/100 dollars, besides interest and costs,
and it further appearing to the Court that the said JAMES TAYLOR died
seized of the following described Real Estate situate in the County of
White and State of Illinois to wit: The South West quarter of the North
East quarter Section Twenty-Two (22) Township Four (4) South Range Eight
(8) East - and three acres out of the South West corner of the North
West fourth of the South East quarter of Section Twenty-two (22)
Township Four(4) South Range Eight (8) East ---38 acres. Wherefore, in consideration of the
premises, your petitioner pray that this Court may appoint some discreet
person as guardian, ad litem, for said minor heirs to appear for them
and defend their interest herein. And that this Court will order and
direct your petitioner to sell the said Real Estate according to law, or
so much thereof as may be necessary to pay the debts of said intestate,
and to make such further order herein as to this honorable Court may
seem meet. ELIZABETH TAYLOR Administratrix of the
Estate of JAMES TAYLOR |
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