WILL: John F. Baker; Batavia, Genesee co., NY surname: Baker, Weeks, Hewitt, Hartley submitted by Marny Howe (marynhow @ wa.apana.org.au) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Marny Howe Genesee co., NY will book vol. 25 page 215 WILL OF JOHN F. BAKER Batavia, New York Page 215 John F. Baker Testator At a Surrogate's Court, held in and for the County of Genesee, at the Surrogate's Office in the Town of Batavia, in said county, on the 6th day of June in the year of our Lord one thousand eight hundred and ninety eight. Present ..Safford E North Surrogate Genesee County, Be it remembered, that heretofore, to wit, on the 23rd day of May in the year of our Lord one thousand eight hundred and ninety eight Jennie C. Baker one of the Executors named in the Last Will and Testament of John F. Baker late of the town of Batavia, in the county of Genesee, deceased, appeared in open court before the Surrogate of said county, and made application to have said Last Will and Testament, which relates to personal estate, proved; and on such application the Surrogate did ascertain, by satisfactory evidence, who were the heirs and next of kin of the said Testator and their respective residences. And afterwards on the 6th day of June aforesaid Jennie C. Baker one of the Executors as aforesaid, appearing for the purpose of proving said Will and all the heirs at law and next of kin, being of full age, having severally duly in writing waived the issue and service upon them of a citation to appear in this court and attend the proof and probate of said will, and no one appearing to contest the probate of such Will, such proceedings were thereupon had, that the Surrogate took the proof of said Will hereinafter set forth, upon this 6th day of June A.D. 1898, and adjudges the same to be a valid Will of personal estate, and the proofs thereof to be sufficient, which said last Will and Testament and proofs are as follows, that is to say: I, John F. Baker of Batavia Genesee County New York do hereby make and publish this my last will and testament. I I hereby direct that all my just debts and funeral expenses be paid by my Executors hereinafter named. II I give to my son Dr. John W. Baker my gold watch, and at his decease in case he shall not leave a son him surviving I direct that it shall become the property of my then eldest living grand son. III To my daughter Cynthia A. Weeks wife of James A Weeks I give my Century Dictionary; six volume. At her decease I direct that her son if living shall have the same. IV To my daughter Dolly Hewitt wife of Henry Hewitt I give my set of Appleton's American Biography Cyclopedia 6 volumes. V To my daughter Fanny Hartley wife of Charles W. Hartley I give my sett Encyclopedia Britannica 25 volumes. Page 216 VI All the rest residue and remainder of my estate of every name and nature I hereby give devise and bequeath to my wife Jennie C. Baker, with full power and authority to use sell or dispose of the same during her life as to her shall be necessary or seem proper. In case any of the said estate so given her shall remain at her decease I hereby direct that it be divided among my heirs at law share & share alike in case she does not dispose of it by will but with full power to my said wife to so dispose of it among any of my said heirs as she may think proper and according to her own judgment and choice - except I hereby give to my grand children John B. Weeks and Mary Weeks children of my deceased daughter Jennie Weeks twenty five dollars each. VII I hereby constitute and appoint my wife Jennie C. Baker and John W. Watt of Batavia NY executors of this my last will and testament hereby revoking all former wills by me made In witness whereof I have set my hand this 7th day of June A.D. 1898 John F. Baker The foregoing will subscribed by the testator in our presence and at the time of making such subscription declared by the testator to be his last will and testament and each of us signs his name as a witness at the end of the will at the request of the testator and in his presence. George Bowen residing in Batavia Genesee Co N.Y. Harriett L. Holter residence at Batavia, Genesee Co. N.Y. Page 217 Genesee County - Surrogate's Court In the matter of Proving the Last Will and Testament of ) John F. Baker Deceased ) Genesee County George Bowen and Harriett F. Holter Of the town of Batavia in Genesee County; being first duly sworn and examined before the Surrogate of Genesee County, in open Court do depose and say that they were well acquainted with John F. Baker late of the town of Batavia in Genesee County, deceased that they are subscribing witnesses to the instrument purporting to be the last Will and Testament of the said decedent, now shown and exhibited to them. And deponents further say, that the said decedent in their presence subscribe his name at the end of the instrument which is now shown and exhibited to them and offered for probate, and which purports to be the last Will and Testament of the said decedent, and which bears date the 7th day of June in the year of our Lord one thousand eight hundred and ninety four; that the said decedent, at the time of subscribing his name to the said instrument as aforesaid, did declare the said instrument so subscribed, to be his last Will and Testament; and deponents did thereupon severally subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request and in the presence of the said decedent, and in the presence of each other; that the said decedent, at the time of subscribing his name to the said instrument as aforesaid, was upwards of twenty-one years of age; that he appeared to be of sound mind and memory, and in all respects competent to bequeath personal estate and that he was not under any restraint to the knowledge or belief of deponent; and that said last Will and Testament was so executed and published on or about the 7th day of June in the year of our Lord one thousand eight hundred and ninety four. Subscribed, sworn and examined this 6th ) George Bowen day of June A.D. 1898, before me ) Harriett L Holter Safford E. North Surrogate Page 218 GENESEE COUNTY Surrogate's Court It appearing on the proofs duly taken in respect to the Last Will and Testament of John F. Baker late of the Town of Batavia, in the County of Genesee, deceased, that the said Will was duly executed, and that the said John F. Baker at the time he executed the same was in all respects competent to bequeath personal estate and not under restraint; the said Will and Testament and the said proofs and examinations now here recorded, are signed and certified by me pursuant to the provisions of the laws of this State, on this 6th day of June in the year of our Lord one thousand eight hundred and ninety eight. (signed) Safford E. North Surrogate