Halifax-Martin County NcArchives Wills.....Baker Et Al, Simmons J. August 1853 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ronda Berry berrydan@comcast.net December 13, 2005, 6:17 pm Source: Jackson Co Florida Estates Written: August 1853 Recorded: November 1853 Jackson County Florida Estate Records 1851-1857, Vol C, Pg 194 SIMMONS J. BAKER (LDS 0926963) In the name of God, Amen. This is the Last Will and Testament of me, Simmons J. Baker MD of Scotland Neck in the county of Halifax, and State of North Carolina. I appoint my friend William R. Smith of the said County of Halifax, my friend and son in law William Henry Dudley of Wilmington North Carolina and my sons James L.G. Baker and Simmons J. Baker of the State of Florida Executors of this my will and after the payment of my just debts and subject thereto I do devise bequeath and dispose of all my estate property and effects in manner following, that is to say – First: I give and devise unto my grandson James McG Hunter and his heirs the tract of land in Florida adjoining the lands of S.J. Baker Junr, Daniel Smith and, others which I purchased of John S. Hancy. Second: I give and devise to my daughter Elizabeth S. Dudly and her heirs one undivided mority, or equal half part of my principle plantation in Jackson county in Florida, which I purchased in separate parcels on interest from W.P. Clark, Hugh Spears and William Spears and a small strip of land adjoining the said plantation on the west which I bought of (Dr or Mr) Page 195: Samuel Ballanger, and the other undivided mority or equal half part of the same, I give and devise to my sons James L.G. Baker and Simmons J. Baker and to the survivors, and to the heirs of such survivors upon this special trust and confidence to wit: that they the said Simmons and James and the successors of them and their heirs shall and do convey, grant and dispose of the same unto such person and persons and for such estate and estates with intents and purposes and in such parts and proportions and subject to such annual or other charges or payments in such manner and form with or without powers of revocation, as my daughter Mary Armistead not with standing her present or any future (coventures ?) and whether she be sole or married, shall from time to time by any writing or writings under her hand and seal duly executed, or by her last will and testament or any writing purporting to be her last will and testament and by her duly executed, direct, consist or appoint provided that if any such direction, limitation, or appointement be made while the said Mary shall be (coveat?), and whileso the said Trustees or either of them shall be living the same be made with the consent of them or him signified in writing and in default of such direction limitation or appointment as in case any such shall be, when and as soon as the estates and interests thereby limited shall respectively end and determine to and for the sole separate and peculiar use of the said Mary Armistead during her natural life, free and clear of and firm curtesy and all and every state, interest charge, incumberance or interference whatsoever of her present or any future husband as if she was a feme sole and unmarried, and from and after her death to be equally divided between all her children who shall be then living, and if any child of hers shall happen to die during her life, leaving issue who shall be living at her death, then such issue shall stand in the place of such deceased child and take such share as each child if living at her death would have taken; and if the said Mary shall at her death leave no child or the issue of such thereunto her right heirs (forfeit?). Third: I give and devise to my said Grandson James McG Hunter and his heirs a certain tract or parcel of land lying in Jackson County in the State of Florida which he purchased and which I afterwards bought at an execution sale containing six hundred and forty acres more or less and now in the possession and use of the said James. Fourth: I give and devise to my sons James L.G. Baker and Simmons J. Baker and to the survivor and to heirs of such survivor as trustees for my daughter Mary Armistead and her children in the manner and form to the uses and purposes and subject to (?) in the second clause of this will declared in regard to the property by that clause devised to them in turn, a parcel of land consisting of a tract of three hundred and twenty acres more or less bought by me of Dr. Samuel Bollanger Page 196: out of eighty-acres taken out at the land office and granted to me, this said parcel of land lying near Marianna in Florida and adjoining lands of Benjamin (Seagraves?), Richard H. Long and others (excepting nonetheless sixty acres of the first parcel that I hereinafter directed to be laid off for my daughter Elizabeth S. Dudley.) Also, one undivided mority to equal half part of all the lands purchased by me either at published or private sale from Major John Beard, an agent for Colledge lands in West Florida. The other mority – an equal half part thereof I give and devise to my daughter Elizabeth S. Dudly (and her heirs charging her and the said mority in her hands with the payment of five hundred dollars to my grandson James McG Hunter, to be paid without interest one year after the said Elizabeth shall be let into possession or have the enjoyment of the said mority. Fifth: I give and devise to my daughter Laura Lucinda Sanders and my grand daughter Polly Ann Jones (late Stewart) equally to be divided between them and to hold to them and their respective heirs in fee simple forever all the lands which my first wife devised by descent from her father James Smith. All the lands which James Smith conveyed and granted to me and my first wife jointly, and also all the lands which I purchased of (Arthur or Nathan) Base, all of which said lands lie in Halifax County, North Carolina. Sixth: I give unto, divise to be divided, between all my children, and grand children who are the issue of any child of mine now dead, or who may at my decease be dead, all my rights and interests in the St. Andrews Bay Land Company in Florida. The children to take per capita one share each, and the share of a deceased child to take (among?) them. The share to which such deceased child would have been entitled had he or she been living at my death, to have and to hold, to them and their heirs forever. Seventh: I give and bequeath as follows, to wit, to my grandson James McG Hunter six negro slaves of the average value of items belonging to me at my death. To my grand daughter Polly Ann Jones (late Stewart) eighteen negro slaves of the like average value. To my son James L.G. Baker as many slaves of like average value, as with those put into his possession in an advancement, exclusive off the increase since he took possession with assignment to eighteen in number. To my son Simmons J. Baker so many slaves of like average value with those put into his possession as an advancement exclusive excluding of the increase since he took possession will amount to eighteen in number. To my daughter Laura Lucinda Sanders so many slaves of like average value as with those advanced to her late husband and still left by me in her possession, excluding of the increase since he or she took possession will amount to twenty in number. This additional number being given to her because the slaves advanced to and remaining now in her possession are much older the general average value of my slaves. To my daughter Page 197: Elizabeth S. Dudly so many slaves of like average value as this those advanced to her, exclusive of the increase since she took possession, will amount to eighteen in number. To my grand daughters Martha Hunter and Mary Hunter, equally to be divided between them eighteen negroes of like average value and should either of them the said Martha and Mary die under the age of twenty-one years without leaving issue living at the time of her death, then her share of the said slaves to pass to and rest on the other, or in case the other shall have before died leaving issue then alive, then to an in such issue. And to my sons James L.G. Baker and Simmons J. Baker and to the survivor and his executors and assigns upon the same trust in every respect for my daughter Mary Armistead and her children and subject to the same limitations and powers as in the second clause of this will, are declared respecting the property therein devised to the said James and Simmons in trust so many negro slaves of like value as with those advanced to her or her husband exclusive of the increase since he or she took possession, will amount to eighteen in number. Eighth: I give and bequeath unto my son James L.G. Baker the watch which belonged to James Smith, his maternal grandfather; my silver watch with the seals having engraved thereon the Baker coat of arms, which watch and seals were according to the family tradition brought from England by the first of the name, who came to America; and also my Gold watch. Ninth: Whatever sums of money I may have advanced to or paid for my grandson James McG Hunter, I do release to him and discharge him from the liability therefore. And if at my death I shall stand bound or be liable as surety for any debt of his, I direct my Exceutor to pay and discharge the same out of my estate. Tenth: I have the note or bond of my son Simmons for the sum of two thousand dollars principle besides interest. I release to him the interest and direct him to pay out of the principle of the same one year after my death to my grand daughter Martha Bledsoe, five hundred dollars. The remaining fifteen hundred dollars, I bequeath to all my children who shall be living at my death and the issue of such child or children as now are or may be then dead, the issue representing and taking equal parts as their parents respectively if living would have taken; to be paid by the said Simmons one year after my death. Eleventh: I direct my executors living in Florida to set off and allot sixty acres of land of the tract bought by me of Dr. Samuel Bellamy and hereinbefore given in trust for Mrs Armistead to be bounded as follows- beginning at my corner in a pond near the Marianna Road thence to the road. Thence running with the road toward Webbville so far as to include between the road and on the east of the road on the one side and Longs fence on the other the said quantity of sixty acres for a building Page 198: Settlement and I do give and devise the same to my daughter S. Dudley and her heirs forever. Twelfth: I do hereby declare that all the devises and bequests in this will made whether of real or personal estate to James L.G. Baker, Simmons J. Baker, Mary Armistead, James McG Hunter, Martha Hunter and Mary Hunter are made upon and subject to this express condition to wit: That each of the said devisees and legatees do and shall by proper deeds or assuarances effectual in law, release, assign and convey unto the said Laura Lucinda Saunders and Polly Ann Jones all right, title, and interest of in and to the lands devised to said Laura and Polly Ann, by the fifth clause of this will- and if any of the said devisees and legatees shall refuse and neglect (when request made) to execute such deeds or assurances or if they or any of them or the heirs or assigns of them or any of them shall by suit or otherwise obstruct, disturb or molest the said Laura and Polly or either of them, them or either of their heirs or assigns in the peaceable use enjoyment or possession of the said lands or any part thereof, then in either of these events I declare that all the estate right title and interest under this will of them, him or her so refusing neglecting abolishing, disturbing or molesting shall cease, determine and stand revoked and the said estate right title and interest shall pass to and rest in the said Laura and Polly or such one of them or shall suffer such refusal neglect obstination disturbance or molestation in them or her heirs or assigns, as the case may be, in fee simple as of the same as had been so directly devised or bequeathed in and by this will. Thirteeth: All my beds, bedsteads and bed furniture I do want to be divided amongst my children and grand children, as follows, to wit: Each child to have two beds and bedsteads with bed furniture suitable thereto except those who have already received as may during my life receive them and the children of any deceased child to stand in place of such deceased child and take what he or she if living would be entitled to and should then remaining beds, bedsteads or bed furniture I direct my Executors to divide the same amongst my children and grand children as in their discretion may seem proper it being. Fourtheenth: I direct that all my negro slaves which may remain after the allotment of slaves to my children and grandchildren, hereinbefore bequeathed, shall be divided between my children, and grand children whose parents are at my death may be deceased, that is to say, the children of a deceased child to represent in such division their deceased parent and take among them the share which a child may or would take. Fifteeth: It is my will that my Executors do reserve two work horses or mules with all the work oxen and all the hogs upon my Scotland neck plantation and a sufficiency of salted provisions or fat hogs and corn to serve the said plantation to the end of the year in which or ensuring that in which the said plantation shall come into the possession of the devisees, to be given to the devisees; as there is a large over proportion of cattle on the Scotland Neck plantation I direct that twenty head thereof be allowed to Mrs L. Saunders and a like number to Polly Ann Jones. I direct that all the horses or mules on my Florida plantation be allowed by my executors to the devisees thereof with provisions and corn necessary for one years use of the said plantations and the whole stock of cattle thereon, machines and plantation utensils on the several plantations to belong to the devisees of the said plantations respectively – and subject to the provisions of this clause I declare that the crops which my be growing or standing ungathered on any and all my lands in whatever stage such crops may be at my death shall fall into and be deemed parcel of the residue of my estate hereinafter disposed of and shall not pass with the lands to the devisees thereof; and wheras it may for various reasons become necessary to sell some or all of the property in this will devised and bequeathed to my sons James and Simmons in trust for the use of my daughter Mary Armistead, and to make other investments of the fund I do hereby give full power and authority to the said James and Simmons and the survivor of them (with the assent testified in writing of the said Mary Armistead) to sell and manage, exchange all or any of the said property, real or personal from time to time (as they or he may deem best and to invest the proceeds of such sales or exchanges, upon and subject to the same trust issues intents and powers as the property as sold or exchanged was held upon or subject to, and to exercise the same power from time to time) in respect to such new investments. And any negro slaves which may be allotted to the said Mary Armistead under the fourteenth clause of this will are hereby given to the said James and Simmons and the survivor of them as trustees in the manner provided by the second clause of this will as if the provisions thereof were here set out and inserted in full. Sixteenth: I give and devise to my daughter Laura Lucinda Saunders and her heirs all my lots and lands in and adjoining the village of Chapel Hill in Orange County North Carolina (sharping?) her and the property in this will devised to her with the payment to my grand daughter Mary Mallet of five hundred dollars to be paid without interest, on year after Mrs Saunders shall take possession of the plantation devised to her. Seventeenth: All the rest, residue and remainder of my estate real, personal and mixed in possession or in action agree or equitable of whatsoever kind and wheresoever situate (with him before devised bequeathed or disposed of) I give, devise and bequeath unto my children, and the issue of such of my children as are, or at my death may be, deceased to be equally divided among them what their part would have taken. That is to say Page 200: Equally amongst the children living and those represented by living issue. The living children taking per capita and the issue of deceased children as representing their parents taking. Eighteenth: As I am earnestly desirous that my aged and infirm slaves may be well and comfortably provided for, I direct my executors to take proper measures for that purpose in the division and allotment of slaves which are to be made, either by allotting such aged and infirm slaves amongst the legatees so as to adjust fairly the expense between them or otherwise as to my Executors may seem best, and I do earnestly entreat and solemnly charge all my children and grand children to remember and aid in the accomplishment of this my desire that those who have served me, and them, in the time of their youth and strength may in the time of age and infirmity be kindly as well as justly rewarded. Finally: I do hereby revoke and annul all former wills by me made declaring and publishing this present instrument as and for my last and only will and testament in disposition. In witness whereof I the said Simmons J. Baker have hereto set my hand and seal at Raleigh, the ________day of August AD 1853. S.J. Baker Signed, sealed, published and delivered by the said Simmons J. Baker as and for his last will and testament in the presence of us, who in the presence of each other and in the presence and at the request of the said testator have subscribed this citation. George E. Badger of Raleigh E.P. Guion of Raleigh B.W. Moore of Raleigh J. Deveriex of Raleigh Halifax County Court, November Session 1853. Then the forgoing paper writing perporting to be the last will and testament of the late Simmons J. Baker MD is proposed for probate as a will of real and personal estate which said paper is now shown to the Court and the same being duly proved by two of the subscribing witnesses and to have been executed and published on the 3 day of August 1853 is declared by the Court to be the last will and testament of the deceased and it is ordered to be recorded as such. William W. Daniel, Clerk Followed by the inventory and naming of 119 slaves. Additional Comments: Note: Simmons J. Baker Sr born 15 Feb 1775, died 1853 NC Simmons J. Baker married 1st Mary “Polly” Turner Smith (1778-26 Oct 1812, Martin Co NC) on 29 Oct 1795; he m. 2nd Nancy C. Seawell (b. 2 Feb 1785 Franklin Co, NC- 4 May 1843), widow of Harry Hunter, on 21 Dec 1814, in Wake Co NC. 1850 census- Simmons J. Baker Sr. was living alone, Halifax Co NC, b. 1775 Gates Co, NC 1850 census-Simmons J. Baker Jr, b. 1805 Hertford Co NC was living in Washington Co FL- wife was Elizabeth (Simmons J. Baker m. Elizabeth M. Hawkins 4 Dec 1837 Warren Co, NC) 18 April 1854 Jackson Co FL- Simmons J. Baker married Caroline Tillinghast 1860 census- Bristol, Calhoun Co FL- Simmons J. and Caroline Baker 1860 census-Jackson Co FL- William H. and Elizabeth Baker Dudley Laura Baker married Joseph H. Sanders 25 Aug 1833, Martin Co, NC File at: http://files.usgwarchives.net/nc/halifax/wills/bakereta33gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 20.0 Kb