Contents
Last Will and Testament of Stephen Taylor
Probate Copy of the Will
The following transcript has been copied from the microfilm record at the Norfolk Record Office. Paragraphs and punctuation have been added to assist clarity; dates and numbers have been represented as numerals rather than written out in full. Some parts of the microfilm are difficult to interpret: where this was not possible three dots have been inserted.
Last will & Testament

This is the Last Will and Testament of me, Stephen Taylor of Deopham in the County of Norfolk, Farmer.
I give and devise all and every my Messuages, Lands, Tenements and Hereditaments whatsoever situate, lying and being in Wymondham in the said County of Norfolk be the same freehold, Copyhold or of any other Nature or Tenure with their Appurtenances
Unto my two Sons Garrett Oddin Taylor and John Taylor and their Heirs,
Upon the Trusts nevertheless expressed and declared of and concerning the same (that is to say):
Upon Trust that they the said Garrett Oddin Taylor and John Taylor and the Survivor of them, his Heirs, Executors or Administrators do and shall by and out of the Rents and Profit of the said Messuages, Lands, Tenements and Hereditaments pay, or cause to be paid, unto Sarah my Wife and her Assigns for and during the Term of her natural life, One Annuity or clear yearly Sum of £10 of lawful Money current in Great Britain to be paid and payable without and Deduction or Abatement thereout for, or in respect of, Taxes or otherwise, howsoever, by half yearly payments on the Days following (that is to say):
April 6th and October 10th in every Year, the first payment of the said Annuity to be paid to her on such of the said Days of Payment as shall first happen next after my Decease;
And I direct that in Case my said Wife shall die between or in the Interval of the said Days of payment a proportionable part of the said Annuity shall be paid to her Executors or Administrators according to the Time which shall elapse between the last of the said Days of payment preceding the decease of my said Wife and the Time of such her decease;
And I direct that it shall be lawful in the Event of Default of payment of the said Annuity on either of the Days of Payment aforesaid for my said Wife, her Executors, Administrators and Assigns to distrain for her said Annuity on the Lands out of which the same are directed to be paid, in the same manner and under the same regulations as Distresses may be made for Rents reserved upon Leases for years;
And from and immediately after the decease of my said Wife,
Upon Trust that they the said Garrett Oddin Taylor and John Taylor or the Survivor of them, his Heirs, Executors or Administrators do and shall by demise or Mortgage of all or any part of the said Messuages, Lands, Tenements and Hereditaments either in Fee or for any Term or Number of years as they or he shall think proper, raise and levy or borrow and take up at Interest the Sum of £200 of lawful Money current in Great Britain , and do and shall pay and divide the same unto and amongst all and every the Child and Children of my Daughter Alice, the Wife of Thomas Pilgrim whether Sons or Daughters (Except her Daughter Alice who is otherwise provided for by this my Will) who shall be living at my Decease as and when they shall respectively attain the Age of 21 years, in equal Shares and Proportions if more than one, and if but one, then unto such only one at the Age aforesaid with Benefit of Survivorship amongst them if more than one, both as to their Original and Accruing Shares respectively in the event of the Death of any one or more of them under the Age of 21 years,
And I direct that each of my said Grandchildren, Sons and Daughters of my said Daughter Alice who shall by virtue of the last mentioned provisions be entitled to a Share of the last mentioned provision, be entitled to a Share of the said Sum of £200 shall on attaining the said Age of 21 years be deemed to take a vested Interest in his or her Share of the said Sum of £200 although at the Time of his or her attaining the said Age the said Sum of £200 or any part thereof may not then be raised or payable by Virtue of the Trusts aforesaid,
And I direct that the said Garrett Oddin Taylor and John Taylor and the Survivor of them, his Heirs, Executors or Administrators do and shall lay out and invest the Share or Shares of all and every such of my said Grandchild or Grandchildren as shall not have attained the Age of 21 years at the time of raising the said Sum of £200 in Government or real Securities at Interest and the Interest and Annual Produce thereof as and when the same shall be received do and shall again place out at Interest in order that the same may be accumulated as and in the Nature of Compound Interest for the Benefit of my said Grandchildren until the Share or Shares of such my said Grandchildren as shall be so under Age shall be payable as aforesaid;
And upon this further Trust, that they the said Garrett Oddin Taylor and John Taylor and the Survivor of them, his Heirs and Assigns do and shall stand and be seized of the said Messuages, Lands, Tenements and Hereditaments (Subject nevertheless as aforesaid)
Upon Trust for and for the Benefit of my Daughter Lydia Taylor and her Assigns for and during the Term of her natural Life and from and after her decease,
Upon Trust for the Child if only one, and if more than one, then all the Children of the said Lydia Taylor to be equally divided between them if more than one, share and share alike as Tenants in Common and not as joint Tenants and his , her or their Heirs and Assigns or several and respective Heirs and Assigns for ever;
And in case any one or more of the said children, if there shall be more than one such Child, shall die under the age of 21 years without leaving any Issue of his, her or their Body or respective Bodies, lawfully begotten, living at the Time of his or their Death, or respective Deaths, Then as to and concerning the original part or Share of and in the said Messuages, Lands, Tenements and Hereditaments which shall belong to the same Child or Children respectively dying as aforesaid under the Trusts aforesaid;
And also, as to the part and share or several and respective parts and shares of and in the same Premises which shall from time to time belong to, vest in, or be taken by the same Child or Children respectively under this present Cross Limitation, In Trust for the other or others of the same Children to be equally divided between them if more than one Share and share like as Tenants in Common and not as joint Tenants and his , her or their Heirs and Assigns or several and respective Heirs and Assigns for ever;
But in Case the said Lydia my Daughter shall die without leaving any Issue of her Body lawfully to be begotten living at her Decease or leaving such Issue, they shall all die before attaining the age of 21 years without leaving Issue of his, her or their Body or Bodies lawfully to be begotten living at his, he or their Death or respective Deaths,
Then upon Trust that they the said Garrett Oddin Taylor and John Taylor and the Survivor of them, his Heirs and Assigns do and shall either by Public Auction or Private Contract and in such manner as shall appear to them or him most Advantageous, absolutely sell and dispose of all and singular the said Messuages, Lands, Tenements and Hereditaments and the fee Simple and Inheritance thereof (subject nevertheless as aforesaid) for the best price or prices that can or may at the Time of such Sale or Sales be reasonably had or obtained for the same, and do and shall convey and assure the same unto and to the use of the Person or Persons who shall or may become the Purchaser or Purchasers thereof and his, her or their Heirs, Executors, Administrators and Assigns;
And also do and shall pay and divide the Monies so to arise by such Sale or Sales, as and when the same shall be received, together with the Rents and Profits of the said Messuages, Lands, Tenements and Hereditaments hereby directed to be sold in the mean time after the same shall become saleable until such Sale or Sales after paying thereout all Costs, Charges and Expenses of preparing for and making such Sale or Sales unto and equally amongst the Children of all and every my Sons and Daughters (as well of those now living as those who are dead) and as well such Children of my said Sons and Daughters as are already born as those who shall hereafter be born, whether in my lifetime or after my Death as shall be living at the time when the said Premises at Wymondham shall become saleable as aforesaid and the Issue taking per stirpes1of such of the said Children of my said Sons and Daughters as shall be then dead leaving Issue then living;
And if any one or more of the said Children of my said Sons and Daughters who shall be entitled to the Monies to arise by such Sale or Sales as aforesaid shall be then under the Age of 21 years and then after die under that Age without Issue of his or their Body or respective Bodies living at the time of his or their Death or respective Deaths or if all the Issue of any one of more of the said Children of my said Sons and Daughters shall die under the age of 21 years,
Then as to the Share or Shares both original and accruing of such Children or Entire Issue so dying as last mentioned,
Upon Trust for the others or other of the said Children who shall be then living and the Issue taking per stirpes of such of them as shall be dead leaving Issue then living equally to be divided between them if more than one share and share alike, and as to each Class of Issue taking under Trust with the Cross Remainders as between themselves respectively, both as to their Original, Accruing and subdivided Shares respectively in the event of the Death or Deaths of any one or more of them under the Age of 21 years.
Also, I give and devise
All those my Messuages or Cottages and Barn with 3 Acres (more or less) of Land to the same belonging, or reputed to belong, in Attleburgh in the said County of Norfolk, now or late in the several Occupations of Thomas Thrower, John Callow, George Reve and Benjamin Johnson or their respective Undertenants with their Appurtenances;
And also all those 18 Acres of Land (be the same more or less) situate, lying and being in Great Ellingham in the County of Norfolk, now in the occupation of Mrs Hill, her Assigns or Undertenants with their and every of their Appurtenances be the same freehold, copyhold or of any other Tenure, unto my two Sons Garrett Oddin Taylor and John Taylor, their Heirs and Assigns, To hold unto and to the Use of my two Sons Garrett Oddin Taylor and John Taylor, their Heirs and Assigns for ever in equal Shares and Proportions to take as Tenants in Common and not as Joint Tenants (subject nevertheless to the Life Interest which the said Sarah my Wife has in part of the same premises);
Also, I give and devise all that my Messuage or Tenement situate in Attleburgh aforesaid with the Yards, Hereditaments and Appurtenances to the same belonging, now in the occupation of George Bowden and William Defew or their Undertenants, be the same freehold, copyhold or of any other Tenure (Except such part of the Yard Occupied by George Bowden or his Undertenants as is holden by Copy of Court Roll of Mr Windham’s Manor) unto my Grandson, Stephen Taylor and his Assigns for and during the Term of his natural Life without Impeachment of Waste, except voluntary waste in pulling down of Houses without rebuilding the same, and with such power of leasing as I shall hereinafter express, Subject nevertheless to and charged with the Annuity of £10 hereinafter given to the said Sarah my Wife and to the powers hereinafter contained for obtaining payment of the said Annuity;
And from and after the Decease of the said Stephen Taylor, I give and devise all and every last mentioned premises with their Appurtenances unto my two Sons, Garrett Oddin Taylor and John Taylor and their Heirs Upon Trust (subject as aforesaid) for all and every the Child and Children (whether Sons or Daughters) of the said Stephen my Grandson and their respective heirs and assigns for ever, if more than one to take as Tenants in Common and not as joint Tenants,
And if there shall be only one Child, then In Trust for such one or only Child and his or her Heirs and Assigns for ever and in case any one or more of the said Children, in case there shall be more than one, shall die under the Age of 21 years without leaving any Issue of his, her or their Body or respective Bodies, lawfully begotten, living at the time of his, her or their Death or respective Deaths,
Then as to and concerning the Original part or share of and in the said Premises which shall belong to the same Child or Children respectively dying as aforesaid,
And also as to the part and Share, or several and respective Parts and Shares of and in the same Premises which shall from time to time belong to or vest in or be taken by the same Child or Children respectively under this present Cross Limitation, In Trust for the other or others of the same Children to be equally divided between them if more than one, Share and Share alike, as Tenants in Common and not as joint Tenants, and his, her or their Heirs and Assigns or several and respective Heirs and Assigns for ever,
But, in case the said Stephen Taylor shall die without leaving any Issue lawfully to be begotten of his Body living at his decease or leaving such Issue they shall all die before attaining the Age of 21 years without leaving Issue of his, her or their Body or Bodies lawfully to be begotten, living at the Time of his, her or their Death or respective Deaths,
Then I give and devise all the said last mentioned Premises with their Appurtenances unto my Grandson, Francis Oddin Taylor, Son of the said Garrett Oddin Taylor, and the heirs of the said Francis Oddin Taylor for ever;
Also, I give unto Sarah my Wife and her Assigns
For and during the Term of her natural life, one Annuity or clear yearly Sum of £10 of lawful Money current in Great Britain to be charged and chargeable upon and payable out of the said Lands and Premises hereinbefore devised to my said Grandson, Stephen Taylor and his Assigns for life with Remainder over as aforesaid, and I direct that the said last mentioned Annuity of £10 shall all be paid and payable free from Taxes and Clear of all other Deductions whatever at two certain Times in every Year (to wit)
April 6th and October 11th by equal Portions,
The first payment to be made on such of the said Days of Payment as shall first happen next after my Decease;
And I direct that if my said Wife shall die between or in the Interval of the said Days of Payment, a proportionable part of the said Annuity shall be paid to her Executors or Administrators according to the Time which shall elapse between the last of the said Days of Payment preceding the decease of my said Wife and the Time of such her decease;
And I do further direct that it shall be lawful for the said Sarah my Wife, heer Executors, Administrators and Assigns to distrain for the said Annuity of £10 hereinbefore given to her in default of payment thereof in the same manner and upon the same Terms and under the same Regulations and Distresses may be made for the Rents reserved upon Leases for years;
Also, I give and devise all and every my Messuages, Lands, Tenements, Hereditaments and Premises situate and being in Deopham aforesaid (save and except such Messuages, Lands and Tenements as are hereinafter by me expressed to be given or disposed of by Virtue of the Limitation contained in the Marriage Settlement of my late deceased Daughter, Mary Burlingham, as hereinafter mentioned);
And also, all that my Messuage or Tenement situate in Attleburgh aforesaid with the Appurtenances to the same belonging (be the same Freehold, Copyhold or of any other Tenure) now or late in the Occupation of William Elsey or his Assigns;
And also all such part and so much of the Yard in the occupation of George Bowden as is holden by Copy of Court Roll of Mr Windham’s Manor to the said Francis Oddin Taylor and his Assigns for and during the Term of his natural Life, without Impeachment of Waste, Except voluntary waste in pulling down of Houses without rebuilding the same, and with such Power of leasing as I shall hereafter express and immediately from and after the Decease of the said Francis Oddin Taylor, I give and devise all and every the said last mentioned Premises with their Appurtenances unto my said two Sons, Garrett Oddin Taylor and John Taylor and their Heirs
Upon Trust for all and every the Child and Children (whether Sons or Daughters) of the said Francis Oddin Taylor and their respective Heirs and Assigns for ever if more than one to take as Tenants in Common and not as joint Tenants and if there by only one such Child, then In Trust for such one Child and his or her Heirs and Assigns for ever,
And in Case any one of more of the said Children if there shall be more than one shall die under the Age of 21 years without leaving any Issue of his, her or their Body or respective Bodies, lawfully begotten, living at the time of his, her or their Death or respective Deaths,
Then as to and concerning the original part or Share of and in the said Premises which shall belong to the same Child or Children respectively dying as aforesaid under the Trusts aforesaid and also as to the part and share or several and respective parts and Shares of and in the same Premises which shall from time to time belong to or vest in or be taken by the same Child or Children respectively under this present Cross Limitation,
In Trust for the other or others of the same Children to be equally divided between then if more than one, Share and Share alike as Tenants in Common and not as joint Tenants, and his, her or their heirs and assigns of several and respective heirs and assigns for ever,
But in case the said Francis Oddin Taylor shall die without leaving any Issue lawfully begotten of his Body living at his decease, or leaving such Issue they shall all die before attaining the Age of 21 years without leaving Issue of his, her or their Body or Bodies lawfully to be begotten living at the time of his, her or their Death of respective Deaths,
Then I give and devise all and singular the said last mentioned Premises with their Appurtenances unto my said Grandson Stephen Taylor and the Heirs of the said Stephen Taylor for ever,
Also, I give and devise All those two several Inclosure of Arable and Pasture Land situate in Morley Saint Botolph in the said County of Norfolk, late of Mrs Barrell, containing by Estimation Three Acres (more or less);
And also all that Inclosure of Land in Morley Saint Botolph aforesaid, late of Alice Oddin and afterwards of Alice Pilgrim, be the same Premises Freehold, Copyhold or of any other Tenure, with their and every of their Rights, Members and Appurtenances unto my Granddaughter Alice Pilgrim, Daughter of my said Daughter Alice Pilgrim and her Assigns of and during the Term of he natural life without Impeachment of or for any manner of Waste, except for the voluntary Waste in pulling down Houses without rebuilding the same, and with such Power of leasing as I shall hereinafter express, and from and immediately after the decease of the said Alice my Granddaughter, I give and devise all and every the last mentioned Premises, with their Rights,Members and Appurtenances unto the said Garrett Oddin Taylor and John Taylor and their Heirs,
Upon Trust for all and every the Child and Children (whether Sons or Daughters) of the said Alice my Grandaughter and their respective Heirs and Assigns for ever in equal Shares and Proportions if more than one, to take as Tenants in Common and not as joint Tenants, and if there shall be only one such Child, then In Trust for such one or only Child and his or her Heirs for ever;
And in Case any one or more of the said Children if there by more than one, shall die under the Age of 21 years without leaving any Issue of his, her or their Body or respective Bodies lawfully begotten, living at the time of his, her or their Death or respective Deaths, Then as to and concerning the Original part or share of and in the said Premises which shall belong to the same Child or Children respectively dying as aforesaid under the Trusts aforesaid and also as to the part and Share or several and respective parts and shares of and in the same premises which shall from time to time belong to, vest in or be taken by the same Child or Children respectively under this present Cross of Limitation,
In trust for the other or others of the same Children to be equally divided between them of more than one, Share and Share alike as Tenants in Common and not as joint Tenants, and if his, her or their Heirs and Assigns, or several and respective heirs and assigns for ever,
But in case the said Alice my Grandaughter shall die without leaving Issue lawfully to be begotten of her Body, living at the time of her decease or, leaving such Issue, they shall all die before attaining the Age of 21 years without leaving issue of his, her or their Body or Bodies lawfully begotten, living at the time of his, her or their Death or respective Deaths,
Then I give and devise all and singular the said last mentioned Premises with their and every of their Rights, Members and Appurtenances unto Lydia Pilgrim my Granddaughter and the Heirs of the said Lydia Pilgrim for ever,
And it is my Will and I hereby declare that it shall be lawful for the said Garrett Oddin Taylor and John Taylor and the survivor of them, his heirs, Executors and Administrators during the Life of the said Lydia Taylor my Daughter, and also during the respective Minorities of the said Stephen Taylor and Francis Oddin Taylor my Grandsons, and Alice Pilgrim my Grandaughter,
And also for the said Stephen Taylor, Francis Oddin Taylor and Alice Pilgrim after they shall respectively attain the Age of 21 years during their Lives respectively, and after their respective deceased for the said Garrett Oddin Taylor and John Taylor, my Sons, or the survivor of them, his heirs, Executors or Administrators as to the Share of Shares of any Child or Children of the said Lydia Taylor, Stephen Taylor, Francis Oddin Taylor and Alice Pilgrim of and in the said Premises who for the time being shall be a Minor or Minors and entitled to the Messuages, Lands, Tenement s and Hereditaments or any part thereof under this my Will during the Minority of the same Issue, respectively to demise or lease or to limit and appoint by way of Demise or Lease for any Term or Terms of Years not exceeding 10 Years to take Effect in Possession and not in Reversion or by way of future Interest, all or any part or parts of the said Messuages, Lands, Tenements and Hereditaments hereinbefore devised with their Appurtenances to any Person or Persons whatsoever so as there be reserved in every such Demise or Lease the best and most improved yearly Rent or Rents that can be reasonably obtained to be incident to the immediate Reversion of the Hereditaments to be comprised in the same respectively, and to continue payable during the continuance of such Lease and Leases respectively, without taking any Fine or Premium or any thing in the nature thereof in respect of the granting of the same, and so as there be contained in every such demise or Lease or Limitation or Appointment in the Nature of a Demise or Lease, a condition of Renting on Nonpayment of the Rent or Rents to thereby reserved and all usual Covenants for farming and managing the thereby demised premises in an husbandlike manner according to the custom of the County, and so as the Lessee of respective Lessees be not made dispunishable for Waste and do execute such Demises or Leases or Limitations or Appointments in the Nature thereof, or counterparts of the same;
Also, I give to the said Garrett Oddin Taylor and John Taylor my Sons, their Executors or Administrators the Sum of £100 Sterling to be received and taken by them out of my Personal Estate within 6 Calendar Months next after my Decease,
Upon Trust that they the said Garrett Oddin Taylor and John Taylor or the Survivor of them, his Executors or Administrators do and shall lay out or invest the same in their of his Names or Name in such Government or real Security or Securities at Interest as they or he shall think fit, but always at the Risque of the Persons for whose Benefit the same shall be so put out, and do and shall stand and be possessed thereof and for the Interest and purposes hereinafter mentioned (that is to say)
Upon Trust to pay and divide the said Principal Sum of £100 unto and amongst all and every the Child and Children of my said Daughter Alice Pilgrim (except her said Daughter Alice) who shall be living at my Decease as and when they shall severally attain their respective Ages of 21 years in equal Shares and Proportions and with the Benefit of Survivorship between and amongst the said Children, both as to their original and accruing Shares respectively in the Event of the Death of Deaths of any one or more of them is under the said Age of 21 years, And as to the Interest, Dividends and Annual Produce of the Stocks, Funds and Securities upon which the said Sum of £100 shall be laid out and invested,
Upon trust to retain and pay the same unto themselves my said two Sons, Garrett Oddin Taylor and John Taylor in equal Shares and Proportions as Tenants in Common;
Also, I give unto my Granddaughter Lydia Taylor, daughter of my said Son, John Taylor, the Sum of £50 to be paid to her within 12 Calendar Months next after my Decease;
Also, I give to the said Sarah, my Wife, the Use and Enjoyment, but not the property or disposing power of all my Household furniture during her Life;
And after her Decease, I give the same unto and to be equally divided between the said Garrett Oddin Taylor and John Taylor my Sons, Share and Share alike;
Also I give to the said Garrett Oddin Taylor and John Taylor the sum of £5 Sterling to be by them received and taken within 12 Calendar Months next after my decease,
Upon Trust to be distributed amongst such poor Person resident in the said Parish of Deopham as they shall deem the worthiest Objects of Charity in such manner as they shall think proper;
And all the Residue of my Goods, Chattels, Personal Estate and Effects whatsoever and wheresoever I give unto the said Garrett Oddin Taylor and John Taylor my Sons and Executors here after named their Executors and Administrators,
Upon Trust that they, or the Survivor of them, his Executors or Administrators do and shall with all convenient Speed after my decease call in and compel payment of all such part of my personal Estate as shall consist of Money due to me, and do and shall sell and dispose of and convert into Money such part of parts thereof as shall not consist of Money, and do and shall out of the Money to arise as aforesaid and out of my ready Money at my death, pay my just Debts and the Legacies hereinbefore given, and which are not charged on my Real Estate;
And also my Funeral Expenses, The Expenses incidental to the proving of this my Will and the due Execution of the same, and do and shall lay out and invest the Money which shall remain after answering the purposes aforesaid in their or his Names or Name in Government or Real Securities at Interest,
And upon further Trust that they the said Garrett Oddin Taylor and John Taylor and the survivor of them, his Executors or Administrators shall and do yearly and every year pay the sum of £7 Sterling part of the Dividends, Interest and accrual profits of the said Money to be laid out and invested as aforesaid as the same shall from time to time become due and be received unto Charlotte Platt Widow, my Sister of the Half Blood and her Assigns during her natural life and do and shall pay the remaining part of the Dividends, Interest or Annual Profits of the said Money to be laid out or invested as aforesaid as the same shall from time to time become due and received, unto the said Sarah my Wife and her Assigns, for and during the Term of her natural life;
And it is my Will that in case the said Charlotte Platt shall die in the Lifetime of my said Wife, the said yearly Sum of £7 shall not be paid to my said Wife but that the same shall go and belong to the said Garrett Oddin Taylor and John Taylor, their Executors and Administrators in equal Shares as Tenants in Common, And that they their Executors or Administrators shall be at Liberty if they shall think proper immediately after the decease of the said Charlotte Pratt to appropriate a Proportionate part of the said Principal … to their own Use in equal Shares as Tenants in Common;
And immediately from and after the deceases of the said Charlotte Platt and Sarah my Wife And the Decease of the Survivor of them, I give the said Money hereinbefore last directed to be placed out at Interest as aforesaid unto and to be equally divided between my said two Sons Garrett Oddin Taylor and John Taylor, Share and Share alike,
And in case either of them shall die in the Lifetime of the said Charlotte Platt and Sarah my Wife, or of the Survivor of them, then I direct that the Share of him dying shall go and belong to his Executors and Administrators;
And whereas by virtue of certain Indentures of Lease and Release bearing date respectively September 13th and 14th 1804, The Release being of three parts and made between
– myself and my late Deceased Daughter Mary, the Wife of John Burlingham (then Mary Taylor, Spinster) of the first part,
– the said John Burlingham of the second part and
– the said Garrett Oddin Taylor and John Mann, Farmer, of the third part,
being the Settlement made previous and in order to the Marriage of my said Daughter Mary and the said John Burlingham of by some other ways or means, I am entitled in the Event of the failure of Issue of my said Daughter as therein expressed to the Messuages, Lands and Hereditaments comprised in and conveyed and assured by the said Settlement in fee Simple, or I have in such Event a Power of disposing thereof by my Will (Subject as in the said Settlement is mentioned)
Now, I do by this my Will (by Virtue and in pursuance and in Exercise of the power and authority to me given and reserved by the said Settlement and of all and every other powers and Authorities in me being or anywise enabling me in this Behalf and also by Virtue and force of all my Estate and Interest and in the same premises,
I give, devise, dispose of, direct, limit and appoint All and every the said Messuages, Lands, Tenements and Hereditaments whatsoever mentioned and comprised and intended to be conveyed and assured in and by the said Settlement to which I am entitled in the event aforesaid, with their Appurtenances and all my Estate and Interest therein unto my said two sons Garrett Oddin Taylor and John Taylor, their Heirs and Assigns, To the use of the said Garrett Oddin Taylor and John Taylor, their Heirs and Assigns for ever,
Upon, to and for the Trusts, Interests and Purposes hereinafter declared and expressed (that is to say):
that if all or any of the said premises shall become vested in possession in them my said Trustees or the Survivor of them, his heirs or assigns that they, or the Survivor of them,his heirs or Assigns, in whom the same shall be so vested do and shall forthwith thereafter make Sale of all and singular the same premises in such manner as they or he shall think fit,
And do and shall receive the Purchase Monies and the Rents and Profits of the said premises from the Time the same shall become so vested until Sale thereof,
Upon Trust for and to be equally divided amongst the Children of all and every my Sons and Daughters (as well of those now living and those who are dead) and as well such Children of my said Sons and Daughters as are already born, as such as shall hereafter be born whether in my Lifetime or at any Time after my Death who shall be living at the Time when the said premises shall become vested,
In Trust for Sale as aforesaid and the Issue taking per Stirpes of any one or more of the said Children of my said Sons and Daughters who shall be then dead, leaving Issue then living,
And if any one or more of the said Children who shall be entitled to the Monies to arise by the said last mentioned Sale or Sales shall then be under the Age of 21 years and then after die under that Age without Issue of his, her or their Body or respective Bodies living at the time of his, her or their death or respective Deaths, or if all the Issue of any one or more of the said Children of my said Sons and Daughters shall die under the Age of 21 years,
Then as to the Share or Shares both original and accruing of such Children or entire Issue so dying as last mentioned,
Upon Trust for the other or others of the said Children who shall be then living and the Issue taking per stirpes of such of them as shall be then dead leaving Issue then living equally to be divided between them if more than one, Share and Share alike, and as to each Class of Issue taking under the preceding Bequest with Cross Remainders as between themselves respectively, both as their Original accruing and Subdivided Shares respectively in the Event of the Death or Deaths of any one or more of them under the Age of 21 years;
And I do hereby declare my Will and Meaning to be that upon payment of the Money to arise by Sale of all or any part of the Messuages, Lands, Tenements and Hereditaments by this my Will directed to be sold to them the said Garrett Oddin Taylor and John Taylor or the Survivor of them, his Heirs, Executors or Administrators, it shall and may be lawful to and for him, her, or them to give and sign any Receipt or Receipts for the same,
And that all and every such Receipts and Receipts shall be good and sufficient Discharge and Discharges to any Purchaser or Purchasers, his her or their Executors and Administrators for so much of the said Purchase Money as shall by such Receipt or Receipts be acknowledged to be received and that such Purchaser or Purchasers and huis, her or their Heirs shall not afterwards be obliged or be responsible for the Misapplication or Nonapplication of the same or any part thereof,
And I do hereby further declare and direct that it shall be lawful for my said Trustees and the Survivor of them, his Heirs, Executors or Administrators to apply all or any part of the Rents, Dividends, Interest and accrued Interest arising from the portion or portions, Share or Shares, of and in all or any part of the before mentioned Trust Monies and Premises of any Infant or Infants as shall for the time being be intitled in possession under this my Will during the minority of such Infant or Infants respectively in or towards his, her or their respective Maintenance and Education in such Manner as my said Trustees or the Survivor of them, his Heirs, Executors or Administrators shall think fit,
And I nominate and appoint my said two Sons Garrett Oddin Taylor and John Taylor Executors of this my Will,
And I declare my Will and Meaning to be and I do hereby further direct that my said Trustees and Executors or either of them, their or either or their Executors or Administrators, shall and may exchange and alter or sell and dispose of any of the Stocks or Securities upon which the Monies hereinbefore directed to be placed out at Interest shall be so put out and with the produce thereof, or any part thereof, to purchase any other like Stocks or Securities to and for the several Trusts and Purposes aforesaid,
And that neither of them my said Trustees and Executors, their Heirs, Executors or Administrators shall be liable to make good any Casual or involuntary Loss which at any time or times may accrue or happen of or unto the said Trust Monies and Premises, or the Securities for the Time being on which the same Trust Monies shall be invested or any part thereof without his or their wilful Default, nor shall they or either of them be answerable or accountable he one for the other of them, or for the Acts, Deeds or Defaults of the other of them, but each of them them for his own only and for such Monies only as shall actually come to his or their respective Hands and not for any Money for which they or either of them shall join in ….. Receipt of Receipts for the Sake of Conformity only,
And that it shall be lawful for them and each of them, their, and each of their Executors and Administrators out of the Trust Monies which shall come to their or either of their Hands in the first place to deduct, retain to and reimburse himself and themselves respectively all such Losses, Costs, Charges and Expenses as they or either of them shall sustain, be at, or put unto in the Execution of the Trusts aforesaid or any thing relating thereof;
In Witness whereof I have to this my last Will and Testament contained in Nine sheets of paper, to the first eight Sheets thereof set my hand and to this Ninth and last Sheet thereof my hand and seal January 21st 1808.
Stephen Taylor
Signed, Sealed Published and declared by the said Stephen Taylor the Testator as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our Names as Witnesses thereto:
John Mitchell
Richard Jolly
George Godfrey
Norfolk Reference Office ref: ANF will register 1808-1810 fo. 126 no. 78, microfilm MF 239.
Codicil
Whereas it was my Intention to have granted a perpetual Annuity or Rent Charge of 20s to be issuing and payable for ever out of some part of my Real Estate to, or for the Benefit of the Minister or Preacher for the time being of the Congregation of Anabaptists at Great Ellingham in the County of Norfolk, or during so long time as such Congregation shall continue, And it is my wish that such Annuity or Rent Charge should have been made payable out of my Estate at Great Ellingham by my Will devised to my two Sons Garrett Oddin Taylor and John Taylor and their Heirs and Assigns but from my present weak State of Body I am apprehensive that I shall not live a sufficient Time to compleat such Aces as are required by Law for effectually vesting the same Annuity agreeably to my Intention,
Now I do request my said two sons to make and execute all such Acts, Deeds, Matters and Things as shall be necessary in every respect to effectuate my Intention, And I rest perfectly assured that my said two Sons will in every Respect fulfil this my dying Request, But I declare that this Request shall not nor shall the same to construed to alter or affect any Matter or Thing whatsoever contained in my said Will.
Stephen Taylor
Effects under £800
Stamps £15
Proved by the Executors August 6th 1808
Before the Rev John Athow, clerk surrogate to the Worshipful William Yonge, Clerk, M.A., Official
Executed March 7th 1812 by me Thomas Lincolne
National Archive
Abstract of the Will of Stephen Taylor, Farmer, of Deopham




The Codicil:

© National Archives, Kew : their ref IR 26/394/161
Footnotes
- Per stirpes in a will means that a deceased person’s estate is divided by “branch” or “family line,” with each branch receiving an equal share and then subdividing that share among its members. If a beneficiary in a lower generation (like a child) predeceases the will’s creator, their children (the will’s grandchildren) will inherit that deceased person’s share equally. ↩︎
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| Date | Change |
|---|---|
| 11/12/25 | Probate copy of will: IMG_20230927_151856 + IMG_20251125_122200 |