Sunday, October 7, 2018

John Taylor's Will - 1847


John Taylor died on 18 Aug 1847, age 51.  Nine days earlier on 9 Aug 1847, he had made the following will.[1]
"In the name of God, Amen, I John Taylor, Yeoman, do hereby give, grant, alein, convey and bequeath at my decease to William and Robert Taylor, my sons, all the right title and interest that I have to the north half of that lot of land, number Thirty-two in the first Concession of Pickering Township, and likewise all my stock and other goods, who are to manage and farm the said property for the space of five years after my decease, under my Executors, Thomas and Andrew Peat, his son, Yeomen in the Township of Pickering, and Mary Taylor, my lawful wife, for the support of my family not herein yet particularly named, and also are hereby appointed to carry my will into effect.  That said William and Robert Taylor to pay  from my estate hereby conveyed to them, the following Legacies.  John Taylor, my oldest son, to be paid fifty pounds lawful money of Canada, first thereof to be paid on the first day of January one thousand eight hundred and fifty three years, and the remaining installment of twelve pounds, ten shillings cash annually on the same day of the month of the following years till the whole be paid.  James Taylor, my youngest son, to be paid Fifty pounds lawful money of Canada West on attaining the full age of twenty-one years.  Sarah Taylor to be paid five pounds when she arrives at the ate of Twenty-one years and another five pounds three years thereafter, making a total thereof of the sum of Ten pounds.  My other daughters, Emily, Fanny and Mary Ann Taylor to be paid ten pounds each on arriving at the full age of twenty-one years, all lawful money of Canada West.
In witness whereof these presents written on this and the preceding page of paper by George Taitt, Yeoman of the Township of Pickering and inscribed with my hand and my seal affixed hereto in the First Concession, Township of Pickering and lot aforesaid this Ninth day of August one thousand eight hundred and forty seven years, before these witnesses, the said George Taitt and George Brown, Yeoman, in the said township, Mary Taylor, my wife, being hereby understood to retain her right of maintenance as according to law."     
"John Taylor"
Geo. Taitt - Witness
Geo. Brown - Witness

The following passage is taken from Grant W. Taylor's book, "A History of of the John Taylor-Mary Clark Family and Their Descendants 1836-1987, v.1"

It is clear from the Land Records of Pickering Twp. held at the Registry Office in Oshawa, that John Taylor did not own N /2 Lot 32, Con 1 at the time of his death.  All 200 acres of Lot 32 had been purchased for 200 pounds by a Henry Cowan on 24 Dec. 1832 and it appears he had been leasing the north half to John.  Apparently the lease gave John the right to purchase, and that he had been building some equity with his payments.  Nevertheless, it is not until 15 Oct 1849 - over two years after John's death - that William and Robert were able to purchase the 100 acre property from Henry Cowen for 300 pounds.  It has taken the family 13 years to acquire title to the homestead.

The only one of the Taylor children who was married when their father died was John.  In 1846, he had married Margaret Jane Mason, an Irish girl who had been born in Londonderry, Ireland.  The second child to marry was Robert who married Frances (Fanny) Dixon, an American-born girl, on 8 Mar. 1849.  The following year there were two marriages.  On 29 Oct. 1850, William married Helen Peat, a Scottish girl who had been born at Largo, Fifeshire, Scotland, and whose parents farmed on Lot 29, Con 2, Pickering.  Two weeks later on 12 Nov. 1850, Emily married James Lankin, a labourer who had been born in Pickering and whose parents farmed in that township.

Although the terms of their father's will called for William and Robert to manage and farm N 1/2 Lot 32, Con 1 for five years after his death, evidently they modified this requirement to include their older brother John.  In the 1851 personal census of Pickering Twp. shows that John, his wife Jane and two children were living in one log house; Mary (Clark) Taylor, Sarah, Mary Ann and James were living in another; and Robert with his wife Fanny were living in a log shanty -- all on Lot 32, Con 1.  No mention was made of 13 year old Fanny Taylor.  Possibly she was living with some other family -- perhaps was a maid.  John's occupation was shown as farmer and Robert's as labourer.

William, along with his wife Helen and their infant daughter, were living with Helen's parents on Lot 29, Con 2.  Emily, her husband James Lankin (whose occupation was given in the census as carpenter) and their infant son were living near Dunbarton.

Footnotes:
[1] REGISTRY OFFICE RECORDS - Pickering Township, Concession 1, Lot 32, N 1/2, Will by John Taylor, 9 Aug 1847 - Oshawa, Ontario.