Taylor In Ejectment Against Taylor & Others - Transcribed by Gail M. Walczyk
Spelling remains the same.
Thomas B. Taylor lessee - Plt.
Against - In Ejectmt
Jenny Taylor & Others - Deft.
This day came the parties by their Attornies and thereupon came also a Jury to wit; George Bunting, William P. Lewis, Major Bird, Severn East, Elijah Hancock, Gustin Waterfield, Obediah Thornman, Jacob Outten, Edward Bell , James White, Mathias Outten and George W. Burton who being elected tried and sworn well and truly to try the matter in issue joined between the said parties retired and afterwards returned into Court with a Special Verdict which verdict is in the words and figures following to wit: "We of the Jury find that John Taylor decd, father of the lessee of the Plaintiff was in his lifetime seized in his demesne as of fee of and in the Lands and tenements with their appurtenances in the declaration of Ejectment mentioned, and being so seized, on the ninth day of April in the year of our Lord 1779 at the County aforesaid made his last Will and Testament in writing in the words following to wit: "In the names of God Amen &c" which said Will was duly attested by three subscribing witnesses in the presence of the said Testator; That the said Testator afterwards died, and after his death, to wit: on the 25th day of May 1779 the said Will being exhibited before the Court of the County afsd for probate, was then and there duly proved by the Oath of two of the sd Subscribing witnesses and by the said Court ordered to be recorded, and now remains of records in the Clerk's Office of the County aforesaid, we further find that the said John Taylor at the time of his death left issue by his first marriage, William Taylor his eldest son and heir, Thomas B. Taylor the lessee of the Plaintiff and Peter Taylor, son by the same venter and George Taylor a son of a second venter to whom the Lands in the said Will mentioned are devised, when he should come to lawful age, we further find that Sophia Taylor, the widow of the said John Taylor deceased entered into the said Lands after his decease and was possessed thereof according to the said Will, till the said George Taylor came to lawfull age, that the said George Taylor came to lawfull age on the ___ day of ____ in the year of Our Lord ____ and then entered upon the said Lands and was possessed thereof subject to the dower of said Sophia under the said Will so long as he lived and that the said George Taylor being so seized died on the ____ day of ____ in the year 1804 leaving issue.
We further find that the said William Taylor, the eldest son and heir at Law of the said John Taylor deceased, died intestate on without issue on the ____ day of ____ in the year 1801, leaving the said Thomas Burton Taylor the lessor of the Plaintiff, his eldest brother and heir at Law who after the death of the said George Taylor entered upon the possession of Defendants into the said Lands and tenements with the appurtenances subject to the dower of the said Sophia claiming the reversion thereof as undisposed of by the Will of the said John Taylor deceased; but whether the said Lands and tenements with appurtenances were devised as an estate of inheritance or in fee to the said George Taylor, or whether the reversion in fee expectant upon the death of the said George Taylor remained undisposed of and descended first to the said William Taylor as eldest son and heir at Law of the said John Taylor decd; and after the death of the said William Taylor to the said Thomas B. Taylor. The lessor of the Plaintiff as eldest brother and heir at Law of the said William Taylor or whether the same passed by the residuary clause of said Will the said Jurors doubt, and pray the advice of the Court and if it shall seem to the court that the title of the said premises is with the lessor of the Plaintiff then they find for the Plaintiff and one shilling damages and if the said title be with the said Defendants, then they find for the Defendants. The said Jury also find the lease, entry and ouster in the declaration mentioned and the Court not being advised what Judgment to give in this cause is continued until next Court.
Sources:
Walczyk, Gail M. District Court Records 1805 - 1816. Coram NY: Peter's Row, 2004, p. 8.
© Copyright 2009-2012 by Gail M. Walczyk