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Will of Mary Taylor

of Salehurst, Sussex


Source: Prerogative Court of Canterbury (PROB 11/965), Probate: 13 Mar 1771
Submitted by Kevin Yeats
Testator: Mary TAYLOR, wife of Stephen Taylor of Salehurst, Sussex, Gentleman
Will Made: 2 May 1770

Executors (granted Admon): 
*	Son Nathaniel PAINE
*	Son William JENKIN
*	Daughter Frances 'the wife of George MORPHETT, Gentleman'
Overseers: Aunts Mrs Frances HOLMAN & Mrs Rebecca HOLMAN (both spinsters, the "Mrs" was an honorific due to them being gentlewomen)

Recites:
1. Marriage Settlement (Indenture of Release). 
Before her marriage to Stephen TAYLOR, the testator's real estate and personal estate items were transferred in 
trust to trustees Jeremiah CURTEIS of Rye, SSX, Gentleman & Thomas MORPHETT the younger of Tenterden, KEN, Clerk. 
Stephen TAYLOR gave up all rights under common law to her property (real & personal).

Real Estate listed:
Occupied by John MORPHETT, Gent, previously John ELFICT:
*	'Old House Farm' in Tenterden of 98 acres
*	'Corneroate' in Tenterden of 42 acres
*	26 acres in the 'Level of East Maytham'
*	24 acres near Pickhill in Tenterden
29 acres of Woodlands in Tenterden (formerly in possession of Mary's father Nathaniel COLLINGTON, then in her 
possession) (this property appears to have been the centre of a dispute with her children of her first marriage)
'Chickard Wood' of 4 acres (purchased by Nathaniel COLLINGTON the elder off Elizabeth CHICKARD, daughter 
of Archibald CHICKARD, Esquire)
'Robards' of 30 acres in Smarden and/or Bethersden occupied by Jacob SKINNER
Property in Challock (originally owned by Mary’s Grandfather Nathaniel COLLINGTON, clerk, deceased who 
bequeathed this as a life interest to Mary's Aunt Anne KINGSLAND, her father's sister, then to Mary & her 
sister Anne who was deceased by the time of this marriage settlement)

Personal Estate
Security & Mortgage for £700
All other personal estate items
Mary granted an annuity of £40 plus £10 to Stephen TAYLOR, she to receive the remainder of the income from her 
properties. She reserved the right to dispose of or bequeath her property as she thought fit. 

She listed her seven children to benefit from her estate:
*	Nathaniel PAINE
*	William JENKIN
*	Mary, the wife of John MORPHETT
*	Anne PAINE
*	Frances JENKIN 'now (at the time she made her will) the wife of Mr George MORPHETT'
*	Juliana JENKIN
*	Ann JENKIN

2. Marriage Portions for 2 of her Daughters:
'...John Morphett did receive as a Marriage Portion with my said Daughter (Mary Paine) of(f) my 
late Mother Mary Collington since deceased the Sum of four Hundred Pounds And I did by Deed 
secure to him the said John Morphett the further Sum of two hundred Pounds payable at my 
decease'
'... George Morphett as a Marriage Portion with my said Daughter (Frances Jenkin) the Sum of five 
Hundred Pounds'

3. Legal Error
Testator admitted there had been an error made previously in the treatment of one moiety (half 
share) of Woodland in Tenterden, that belonged to her first husband Adrian PAINE (this was 
probably from a marriage settlement with him as the Woodlands originally belonged to the 
COLLINGTONs). Mary states that her children from her marriage with Adrian, namely Nathaniel 
PAINE Mary MORPHETT & Anne PAINE, were entitled to this moiety, and she confirmed this by her 
will. (It seems that Mary had been using the income from this property for her own benefit).

Bequests:
Son William JENKIN, & Daughters Frances MORPHETT, Juliana JENKIN & Anne JENKIN:
*	Equal share of 'other' moiety (half share) of Woodlands in Tenterden
*	Property in Smarden & Bethersden
Son-in-law John MORPHETT
*	£200 as per deed on his marriage to Mary's daughter Mary.
Son William Jenkin
*	£1,000
*	An additional £600 as long as his sisters Mary MORPHETT & Anne PAINE each received one third shares 
	in the moiety of Woodlands in Tenterden within six months of testator's decease, otherwise the £600 
	was to be shared equally by Mary MORPHETT & Anne PAINE.
Daughters Anne PAINE, Juliana JENKIN, Anne JENKIN
*	£600 apiece
Daughter Frances MORPHETT
*	£100 
Daughters Juliana & Anne JENKIN:
*	Clothes & wearing apparel equally divided
Son & Daughters William, Juliana & Anne JENKIN
*	All household goods & manchester equally divided
All 7 Children:
*	Equal share of net proceeds of sale of property by executors after settlement of legacies
*	Equal share of residual personal estate

Instructions to Executors:
Dispose of properties in Tenterden (in occupation of John MORPHETT), Challock, Westwell, 
Smarden & Bethersden, & use proceeds to pay legacies (Interest at 4% pa to be added to sums 
from testator's death until paid). Equal shares to be distributed to each of testator's seven 
children, also residual personal estate to be equally shared by seven children.

Request:
'Also I do hereby declare that the Advancement by me made and Legacy and Legacys hereby 
given to my said Son and Daughters Nathaniel Paine Mary the Wife of the said John Morphett and 
Anne Paine are and shall be in lieu and Satisfaction of their parts and Shares of and in the Moneys 
arisen or to arise by or from the Timber and Underwood felled or to be felled or cut in the said 
Woodlands in Tenterden aforesaid since the decease of the said Adrian Paine to the time of my 
death Also I most earnestly request and desire all my Sons and Daughters to agree and not have 
any disputes about the small property I have left them in the Division of which I have done them 
all Justice and Acted from impartial Motives And I do hereby declare and my mind and Will is that 
such of my said Sons and Daughters as shall cross this my Will shall forfeit every thing and have 
or take no benefit under the same and if any disputes shall arise between them I most humbly 
intreat my Aunts Mrs Frances Holman and Mrs Rebecca Holman to use their Interest and Influence 
in Adjusting the same and preventing my Children from going to Law and to that End I do hereby 
make and appoint my said Aunts Overseers of this my Will to see the same duly performed'
Signed by Testator as Mary TAYLOR.

Witnesses:  John BARTLETT - Wm WHITE - Stephen TAYLOR Junr. - Jer. CURTEIS

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Will of Mary Taylor
Created by Maureen Rawson