Estate and Court Records of the Taylor Family
Graciously contributed by LaVelda Faull.

William Taylor Estate 1862 James Taylor Estate 1871

The Estate of WILLIAM TAYLOR, 
son of JAMES TAYLOR (above).    

His widow was MALINDA (LOYD) TAYLOR.  Note that in these records the name is spelled
"TAYLER").

Affidavit of Decease and Names of Heirs

State of Illinois
White County
 

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
White County
The People of the 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

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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
White County
In County Court June Term A.D. 1871

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
In County Court Oct Term A.D. 1871

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
By PARTRIDGE & JOHNS  Attys.

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