Diary, 1786-1799

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Will of Col. Francis Taylor.

I, FRANCIS TAYLOR, of the County of Orange in Virginia Knowing the uncertainty of life do now make and appoint this my last will.

I desire that all just demands against me shall be paid.

I give my nephew Francis Stubbs Taylor one Thousand acres of land on the Ohio River in the state of Kentucky (patented the 6th of Sept'r 1787) To him and his heirs forever, I also give the s'd Francis Stubbs Taylor, the sum of fifteen hundred dollars.

I give and devise to my Nephew Francis Taylor, son of Jonathan Taylor, one Thousand Acres of my Military land on the North West of the Ohio No. 1654, to him and his heirs forever.

I give to my Nephew Richard Taylor, son of Richard Taylor, one Thousand acres of my Military land No. 1657, to him & his heirs forever.

I give to my Nephew Nathaniel Taylor, son of Jomes Taylor, one Thousand Acres of my Military land No. 1658, to him and his heirs forever.

I give to my Nephew Charles Taylor, son of Charles Taylor, one Thousand Acres of my Military land No. 1659, to him and his heirs forever.

I give to my Nephew Francis Taylor, son of Reuben Taylor, two-thirds of Three Thousand Acres of land on Blackford's Creek in Kentucky, Patent granted 17th of May 1786, to him and his heirs forever.

I give and devise to my Brother William Taylor my share of Interest in the lands or Warrents for Lands, in partnership amongst James Taylor, Edm'd Taylor dec'sd, myself, and the s'd William Taylor, to him and his heirs forever.

I give unto my Brothers Reuben Taylor and Benjamin Taylor my part or Interest in the land devised to me by my late Brother John Taylor dec'd to be divided as they can agree or Equally to them and their heirs forever.

I desire that the agreement made by me with Hubbard Taylor dec'd to be divided as they can agree or Equally to them and their heirs forever.

I desire that the agreement made by me with Hubbard Taylor about locating certain lands in the State of Kentucky shall be complied with as follows,:

For locating Three Thousand Acres on Blackford's Creek, one-thired part of what shall be secured to me, For locating and securing one Thousand Acres on Stinking creek one half, For locating and securing one Thousand Acres on Brush Creek one-half, For locating one Thousand Acres on Brashear's Creek one-half, and for locating ans securing Three Thousand Acres on Slate Creek one-half, And conformable to the said agreement Which is possessed by the said Hubbard Taylor.

I also desire that an agreement made by my Brother William Taylor with John O'Bannon for locating and securing my Military lands on the North West side of the Ohio shall be complied with.

I give to my Niece Elizabeth Pendleton five hundred Dollars.

It is my will that if any of my Brothers or any of my Brothers' sons ashall be indebted to me at the timeof my death that they shall be released therefrom.

I give and devise to my Brother Benjamin Taylor the Tract of land whereon I now reside, all my Slaves, Furniture, live Stock and plantation Tools Thereon to him and his heirs forever, provided that the said Benjamin Taylor shall live to take possession therof. And in that case he should not live to Possess this Legacy, it is my will that my nephew Francis Stubbs Taylor shall have the same, to him and his heirs forever, And I desire that my slaves be humanely treated and not be removed from Orange against their consent Respectively.

It is my will that all my other lands in Kentucky and remainder of my Military lands not herein before devised shall be sold by some person appointed by my Executors, and after my debts and legacies shall be paid That the money arising from their sale shall be equally divided amongst my Brothers, James, Jonathan, Richard, William, Charles, & Benjamin.

It is my will that my Executors shall not be required to give any security for acting as such, and that an Inventory of my personal estate may be made by one or more of them, without their being any Appraisement made thereof. Lastly, I appoint My Brothers, Charles, Reuben and Benjamin Taylor's And my Nephew Francis Stubbs Taylor, Executors of this my last Will. In Testimony Whereof I hereunto set my hand and affix my Seal, this 17th day of April 1797. The whole of this writing being in my own hand.

Francis Taylor.

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[12] 1 WILL OF COL.FRANCIS TAYLOR and DOCUMENT of HOUSE of REPRESENTATIVES. ________

At a Court held for Orange County at the Court house on Monday the 23rd day of December 1799-this last will and testament of Francis Taylor dec'd was present-ed into the Court and there being no subscribing withesses thereto Robert Taylor and Charles P. Howard being sword, diposed that they are well acquainted with the dec-dents handwriting and verify believe the said will and the name thereto subscribed were wholly written by the said decedent-whereupon the same in ordered to the re-corded. And on the motion of Charles Taylor & Reuben Taylor two of the Executors herein named who made oath thereto according to Law. Certificate is granted then for obtaining a probate thereof in due form without giving Security, the will di-recting that the same Should not be required. Liberty being reserved to the other Executors named in the said will to join in the probate when they shall think fit. teste Geo.C.Taylor,C.C. A Copy teste, P.L.Fry, Clk Orange County Court September 25, 1848 ......................

25th CONGRESS, [Rep. No. 127.] HO. OF REPS. 2d Session FRANCIS TAYLOR. [To accompany bill H.R. No. 145] _____._____ December 22, 1837. Adopted by the Committee, and ordered to be reprinted _____._____ March 25, 1836. Mr. Underwood, from the Committee on Revolutionary Claims, made the following REPORT:

The Committee on Revolutionary Claims have examined the petition of Robert Tay-lor, on behalf of himself and others, as distributors and heirs of the late Francis Taylor, deceased, and the evidences in support thereof, and now report:

That Colonel Francis Taylor commanded the regiment raised to guard the convention prisoners as they were called, and in the caacity served, as it satisfactorily appears to the committee, until June 17, 1781. The regiment he commanded was dispanded upon the removal of the prisoners from Winchester, Virginia, where they have been kept; and by the discharge of the troops, Colonel Taylor became supernumerary, for it does not appear that he ever resigned. He had been an officer of inferior grade be-fore his appointment to command the regiment of guards. Thr [sic] regiment he XXXXX hemmanded [sic] had been repeatedly recognised as belonging to the conti-nental line. The committee are of the opinion that Colonel Taylor was entitled to commutation,a nd report a bill in favor of his legal representatives.

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U.S.DOCUMENT REGARDING COL.FRANCIS TAYLOR'S SERVICES. _________ REVOLUTIONARY SERVICES ========= Rep. No. 380. Ho of Reps. 29th Congress 1st Session. COLONEL FRANCIS TAYLOR. [To accompany bill H.R.No.288] ________ March 5, 1846. ________ Mr. Orider, from the Committee on Revolutionary Claims made the following REPORT:

The Committee on Revolutionary Claims, to whom was referred the memorial of Edmund H.Taylor, the administrator with the will annexed of hte estate of Colonel Francis Taylor, deceased, asking an allowance of the commutation of five years' full pay, with interest, in lieu of half pay for life, having examined the same and the evidence, which is of the most satisfactory character, in support thereof, now report: That Colonel Taylor entered the service of the United States as a Captain the last of 1775, in the Virginia continental line, and continued in actual service until a consolidation of the Virginia regiments took place in 1778, when he retired as a supernumerary major, and so continued awaiting the orders of the Congress until about the first of January, 1779, when he again was called into actual service by the Congress in a resolution passed the 9th of January, 1779, which required that a bat-talion of 600 men be forthwith raised in Virginia of Continental establishment, and the officers to be appointed out of those of the Virginia line who had been left out of the late arrangement of the countinental army (See the printed journals of the Continental Congress, by Way a Gideon, vol.3d, page 179.). Col.Taylor was appoint-ed lieutenant-colonel of the said battalion, and, upon the death of Colonel Charles Lee, was promoted to the rank of colonel, and commanded the regiment which was rais-ed to guard the covnention prisoners(as they were termed)until the same was dis-banded in June, 1781. The regiment he commnaded was disbanded upon the removal of the prisoners from Winchester, Virginia, where they ahd been kept; and by the dis-charge of the troops, Colonel Taylor became supernumerary, and so remained until the close of the war. Your committee are entirely satisfied that the regiment he commanded was a continental regiment, as it was taken upon continental establishment by Congress, in the passage of the resolution of the 9th January, 1779, aforesaid, and ordered thereby to be officered by those officers who had been left out of the late arrangement, and were then made supernumeraries.In the army registers of Virginia, this reg-iment has been always classed among the continental corps, and which fact,says the auditor of that commonweath, is satisfactory proof that such officers were conti-nental officers. (See a report No.457, from the Committee on Public Lands, at the first session of the 28th Congress,page 193.) Mr. Jefferson, while governor of Vir-ginia, in a letter to the commander-in-chief of the American army, under date the 28th November 1779, expressly mentions Colonel Taylor's regiment of guard to the convention troops as being of the continental line. (See Jefferson's Works, Vol.1st; page 170. The settled decisions of both the War and Treasury Departments of this government are that the regiment was a continental regiment. The executive of Vir-ginia so decides. Besides, both Houses of Congress as well as various committees have repeatedly decided that this regiment was a continental regiment. Congress so decided in the passage of the act of May 25th, 1832, allowing Major John Roberts, an officer of this regiment, his commutation pay with interest; also in the passage of the act of the second of March, 1833, allowing Captain John Thomas, another offi-cer of this regiment, his commutation pay with interest; also in the passage of the act of June 30th, 1834, allowing the heird of Lieutenant John Taylor, another officer of this regiment, his commutation pay. The Committee on Revolutionary Claims deci-ded that this regiment was a continental regiment in their report conceding the

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U.S.DOCUMENTS REGARDING SERVICES OF COL.FRANCIS TAYLOR. [Continued] commutation pay with interest to the heirs of Captain Garland Bumley [Should be Garland Burnley-PFT], another officer of this regiment, at the second session of the 25th Congress. The committee so decided in their report at the second session of the 25th Congress, in conceding the commutation pay to the heirs of Captain James Burton, another officer of said regiment; likewise so decided in their report at the second session of the 24th Congress, conceding commutation pay to the legal representatives of James Purvis; so decided again at the third sesson of the 25th Congress, in conceding commutation pay to the heirs of Samuel O.Pettus, another officer of said regiment. Besides the Committee of Revolutionary Claims of which the Hon.Judge Underwood, from Kentucky, was the Chairman, did at several sessions of Congress, make favorable reports in the case of Colonel Taylor, allowing commutation pay one of which was acted on in the House and passed, but owing to the lateness of the session, did not reach the Senate in time to be considered. The Committee on Public Lands, at the first session of the 28th Congress, investigated all the laws and facts touching the claims of this regiment, and showed, as appears to your committee beyond the shadow of a doubt, that this regiment of Colonel Taylor's was a continental regiment, (See report No. 457, 1st session 28th Congress from page 115 to 123 inclusive.) Your committee are satisfied that a more meritorious claim could not be presented to the consideration of Congress, nor one more clearly embraced by the resolutions of Congress of the 21st October, 1780, and 22nd, March 1783; and therefore report a bill granting relief prayed in the memorial. ----------- 29th CONGRESS H.R. 288. 1st Session. [Report No. 380] March 5, 1846. Read, and committed to a Committee ofthe Whole House to-morrow.

Mr. Grider, from the Committee on Revolutionary Claims, reported the following bill: A BILL For the relief of Edmund H.Taylor, the administrator with the will annexed of Colonel Francis Taylor, deceased. 1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, that 3 the proper accounting officers of the Treasury be, and they are 4 hereby required to adjust and settle the account of Colonel 5 Francis Taylor, late of the Virginia line on continental estab 6 lishment, and allow his administrator with the will annexed 7 five years' full pay as a colonel of infantry, being the commuta 8tion of half pay for life promised by the resolutions of Con 9gress, with such interest thereon as would have been payable if 10 a certificate for the amount had been given to the said Taylor, 11 and the same had been subscribed to the funded debt of the Uni 12ted States under the act of August the fourth, one thousand 13 seven hundred and ninety; and that the same be paid out of 14 any money in the treasury not otherwise appropriated. [The printed copy of the above report is endorsed "The report is not yet printed.---Grider.--This was Hon.Henry Grider, M.C. from Kentucky-PFT]

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LETTER. [15] 1 To Mr. Edmund H. Taylor Richmond, 2nd May 1834. Sir, Your letter containing one from 3rd Auditor, in the Treasury Department of the United States, was received a few days past. In reply to it, I have to say-Francis Taylor-settled his accompts as Captain & Major, for a service from Jany 1st 1777 to Oct 1st 1778-for which he received a balance of £192.13.5. He received bounty land, for 8 years service, as Major. Samuel Gill was Captain in the Revolutionary Army-He settled his A/pts as Lieut & Captain, in the Continental line, for a service, from Jany 1st, 1777 to Jany 6th 1779 and rec'd £135.4.11. The bal. of his pay. He received 4,000 acres of land as Captain, for a service of 3 years-April 30th, 1784. Erasmus Gill-settled his accompts as Cornet-Lieut of Dragons, and Captain in the Continental Line for a service from Jany 1st, 1777 to Decr. 31st 1781. He received bounty land as Captain for a service of eight years-a part there of in July '83 & the remainder in Nov'r '96. He received the bal. of his payments amounting to £495.1.7. The public records and documents on file in my office, do not enable me to answer more of your letter than is answered above-Your Obt Servant John H. Smith. [Note-John H.Smith was either Chief Clerk, or Auditor, of Virginia-PFT.] ------------From "Historical Register of the Continental Army-Heitman. "Taylor, Frencis (Va.). Captain 2d Virginia, 8th May, 1776; Major 15th Virginia, 20th March, 1778; retired 14th September 1778; Colonel Virginia Convention Guards, June, 1779, to June 1781." Gill, Samuel (Va). Ensign 4th Virginia, 10th February, 1776; 1st Lieutenant, ____November, 1776; Captain, ____ January, 1777; retired 14th September, 1778." Gill, Erasmus (Va). Sergeant 2nd Virginia, 28th August, 1776; Ensign, 28 h November, 1776; 2d Lieutenant, 15th June, 1777; 1st Lieutenant 4th Continental Dragoons, February, 1779. to rank from 25th December, 1778; taken prisoner at the Siege of Savannah, 3d October, 1779; exchanged 22d October 1780; Captain, ___ 1781, and served to close of war." [He was brother of Samuel Gill, above named.-PFT.] From the TAYLOR DIARY #1907-z in the Southern Historical Collection, University of North Carolina Library, Chapel Hill. FOR REFERENCE ONLY: PERMISSION TO PUBLISH MUST BE REQUESTED. WARNING: MOST MANUSCRIPTS ARE PROTECTED BY COPYRIGHT.

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