JOHN BAKER WILL, WASHINGTON, NEW YORK Copyright (c) 2001 by Richard Baker (jodiba@worldnet.att.net). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ NOTE: Many more descendants are named in the petition of the executors than in the will. John Bakers Will I John Baker of Fort Ann County of Washington and State of New York being weak in body but of sound and disposing mind and memory Do hereby make and publish this my last will and testament in manner following that is to say. Firstly. It is my will and desire that my wife Clarissa remain on the farm whereon I live being part of Lots N. Twenty and twenty six of the Artillery Patents? in said Town for and during her natural life in case she lives until the lease thereof shall have run out during which time she is to have the use occupation and sole controul? thereof the same as if said farm was her own she paying the ground rent and all taxes thereon and Intending that she shall have the right if she shall think best to purchase the soil of said farm __ And it is further my will and desire that my said wife have the use controul? and benefit of all my stock horses cattle sheep farming utensils creatures of all kinds household furniture and all things in and about the house farm and premises and all my property owned by me at my decease after the payment of my Just debts and funeral expenses it being however understood that my son Benjamin Baker is to have his maintainance and support during his minority out of said farm and property he doing towards assisting his said mother in the mean time what shall be considered reasonable and he the said Benjamin obeying his said mother in all things reasonable Secondly. It is my will and desire that whatever of said property may and shall remain and be left at the death of my said Wife that the same and so remaining and left at her decease is to go to and belong unto my said son Benjamin Baker in case he shall survive his said mother with this express proviso that if said Benjamin Baker shall decease during his minority without issue living or unmarried then his share and rights to go to and be equally divided among all my children Except as to the property articles and things belonging to my said wife as hers at our marriage and remaining at her decease and which she is to do with as she pleases anything contained herein to the Contrary in any wise notwithstanding. Thirdly. In case I should at my decease have disposed of my said farm or changed any of my property then the rights of my said wife and son Benjamin is and are to be and remain in all respects as near as maybe the same as beforementioned or intended. Lastly. I do hereby appoint my son Silas Baker and my friend Benjamin Barnett Executors of this my last will and testament hereby revoking all former wills by me made __ In testimony whereof I have hereunto set my hand and seal this 10th day of November 1836 Signed sealed published and declared by the above named John Baker as and John Baker [seal] for his last will and testament in the presence of us who have subscribed our names hereto as Witnesses in the presence of the Testator and of each other and at the Testators request. Henry Thorn of Fort Ann Oliver Slater Fort Ann - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In the Matter of Proving the Will of John Baker Deceased: Petition To the Surrogate of the County of Washington The petition of Silas Baker and Benjamin Barnett of the town of Fort Ann in the county of Washington named executors in the last Will and testament of John Baker late of Fort Ann aforesaid deceased showeth that the said John Baker departed this life on or about the twenty fourth day of September last past at Fort Ann in the county of Washington of which place he was a resident at the time of his death leaving him surviving Clarissa Baker his widow residing in Fort Ann aforesaid and the following children Silas Baker of Fort Ann aforesaid, John Baker residing in Troy in the state of Pennsylvania, Laura Barnes wife of Alexander Barnes residing in Whitehall in the county of Washington, George Baker residing in the county of Saratoga, James Baker residing in Granville county of Washington, Palmer Baker residing in Queensbury county of Warren, Betsy Alexander wife of James Alexander residing in the state of Illinois, Hiram Baker residing in the state of Illinois. All the foregoing being of the age of twenty one years and Benjamin Baker residing in Fort Ann aforesaid being a minor under the age of twenty one years and also the following children of Mary Brewster, late wife of George Brewster, deceased, a daughter of the said John Baker, deceased to wit James Brewster residing in Pawlett state of Vermont, Charlotte Brewster of Pawlett, these two being a legal age, aforesaid Catherine Brewster of Pawlett, aforesaid, this one a minor, Harriet Brewster of Pawlett aforesaid under twenty one years Lorian Brewster of Pawlett and is under the age of twenty one years, Ralph Brewster and John Brewster of Pawlett Vermont, being minors and the following children of Lydia Ann Baker late the wife of Morrel Baker now deceased to wit, Cornelia Baker, Elizabeth Baker and Julia Baker all these are minors under the age of twenty one years and the above named children of Mary Brewster and Lydia Baker deceased being grandchildren of said John Baker and heirs at law of said deceased. That this said John Baker, deceased, left an instrument in writing purporting to be his last will and testament relating to both a will and personal estate. Your petitioners pray that the same may be admitted to probate according to the statutes in such case made and provided. Dated 12th October 1842 Silas Baker Benj Barnett Washington County Silas Baker and Benjamin Barnett being duly sworn say that the facts set forth in the above petition by them described are true according to the best recollection, knowledge ability of these Deponents. Sworn this 12th October 1842 Silas Baker Before me J C Parker, surrogate Benjamin Barnett - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - County of Washington Surrogates Court In the Matter of proving the Will & testament of John Baker late of Fort Ann Deceased County of Washington, Henry Thorn and Oliver Slater of the town of Fort Ann in the County of Washington aforesaid being first sworn in open Court do severally solemnly deposit and say that they are subscribing witnesses to the last will and testament John Baker late of the town of Fort Ann in the said County of Washington Deceased. And these deponents further say that the said John Baker the said Testator did in the presence of these deponents subscribe his name at the end of the Instrument which is now shown & exhibited to these Deponents and which purports to be the last will & testament of the said John Baker and which bears date on the nineteenth day of November in the year of our Lord one thousand eight hundred and thirty six. And these Deponents further say that the said John Baker the said Testator did at the said time of subscribing his name as aforesaid at the end of the said will declare the said Instru- -ment so subscribed and now exhibited to be his last will & testament and these Deponents did thereupon subscribe their names at the end of said will as attesting witnesses thereunto and at the request of the said Testator and in his presence. And these Deponents further say that at the said time when the said Testator subscribed his name to the end of said last will as aforesaid the said John Baker was of sound mind and memory and of the age of twenty one years and was not under any restraint within knowledge information and belief. Sworn and subscribed this 5th day Henry Thorn of December 1842 before me J. C. Parker Surrogate Oliver Slater In the Matter of Proving the Will of John Baker Deceased: Testimony Washington County Silas Baker being duly sworn forth that the within mentioned will has been kept by Morrel Baker a son in law of the Testator as he has understood and believes and this Deponent obtained the same of said Morrel Baker and brought it to the Surrogate for admission to probate all which he believes to be true. Sworn this 5th December 1842 Silas Baker before me J. C. Parker Surrogate - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NOTE FROM RICHARD: These documents were transcribed by Bonnie Baker James (j2458@kdsi.net) and myself.