BELMONT COUNTY OHIO - WILL: Baker, Henry (d. 1849) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by Anne Davee aldavee@txcyber.com October 1, 2004 ************************************************ Transcribed from SAMPUBCO copy by Anne L. Davee (aldavee@txcyber.com) Belmont County Ohio Will Book Vol. H, page 158 SURNAME: BAKER Will transcribed as written September Term 1849 Will of Henry Baker In the name of the Benevolent Father of all: I Henry Baker of the County of Belmont in the State of Ohio do make and publish this my last will and testament: Which is as follows: to wit: That whereas, I have heretofore given to my first wife's children John Baker Stephen Baker Jacob Baker Samuel Baker Rebecca Rogers Henry Baker James Baker Mary Shearing (?) and Jackson Baker their respective portions of my property and estate either money or property and whereas by instruments of writing bearing date the 25th of August AD. 1843 (5?). I have secured to my second wife's children: William Baker George Baker Jeremiah Baker Margaret Baker Elizabeth Baker Catherine Baker Nancy Baker and Sarah Baker their respective portions of my then remaining estate. I therefore now give and devise to my beloved wife (Nancy) in lieu of her dower all of my stock: Horses cattle sheep and hogs and all of my farming utensils household goods furniture provisions and other goods and chattels which is now in my possession or may be at the time of my decease: She however selling (if necessary) so much share of as may be sufficient to pay my funeral expenses and other just debts. I do hereby nominate and appoint my beloved wife guardian of all my minor children from my decease until they respectively become of age or intermarriages. But in case my wife should again marry her guardianship of said children shall cease and determine upon her intermarriage in which case each of my said minor children shall at the age of fourteen years each choose their own guardian. I do hereby nominate and appoint my wife Nancy Baker and my son William Baker executors of this my last will and testament hereby authorizing and empowering them to compromise adjust release and discharges in such manner as they may deem proper the debts and claims due me. I do hereby revoke all former wills by me made. In testimony whereof I have hereunto set my hand and seal this 23rd day of April AD. 1847. his Henry X Baker seal mark P.S. I do hereby declare and wish it to be understood that the property bequeathed and devised to my wife (Nancy) in this my will and testament is to belong to her during her natural life or as long as she remains my widow and that on her intermarriage or decease all the said property thus bequeathed shall be equally distributed and divided among my last named second stock of children. Signed sealed and delivered and presence of William R. Carle Joshua Richison The State of Ohio Belmont County ss Court of Common Pleas of said County Oct. 4 AD 1849 "The last will and testament of Henry Baker late of said County deceased was at the last term produced in Court by William P. Simpson. Attorney for the executor in said will was met and it appearing to the satisfaction of the Court that Joshua Richison one of the subscribing witnesses to said will is infirm and unable to attend Court. It is ordered that a commission issue with the said will annexed to take the deposition of the said Joshua Richison witnessing the due execution of said will to be directed to Adonijah Powell who is directed to execute the same according to the statute in such case made and provided." And afterwards to wit on the 4 day of Oct. AD 1849 a commission was issued to said Adonijah Powell. The State of Ohio Belmont County ss Court of Common Pleas of said County October 6 AD 1849 The commission heretofore issued from this Court with the will of Henry Baker and ______ to take the deposition of Joshua Richison one of the subscribing witnesses thereto was this day produced in Court and filed by the attorney for the executor in said will ___ and it appearing to the satisfaction of the Court is made by the said deposition of the said Joshua Richison as also by the testimony of Wm. R. Carle another subscribing witness to the said will taken in open Court and reduced in writing and signed by the said Wm. R. Carle and also filed with the said will that the said will was duly signed and executed and that the said testator at the time of executing the same was of ___ full age and of sound mind and memory and not under any restraint whereupon the Court approve said will and order that the same together with the testimony taken to prove the same be recorded. An motion the Court grant letters testamentary on said estate to William Baker one of the executors named in said (the other Mrs. Nancy Baker being dec'd) upon his giving bond with security in the sum of $200, conditioned according to law and Wm. R. Carle and George Leslie being offered are approved as such security. The Court appoint Joshua Richison, Joseph Doty and Allen T. Densey (?) appraise size of property. The testimony returned with said commission and attached to said will is as follows to wit: State of Ohio Belmont County York Township in said County ss ________ appeared before me the subscriber a acting Justice of the Peace in & for York Township in said County of Belmont Joshua Richardson the Person named in the warrant hereunto annexed and after having sworn according to and the Command of the aforesaid warrant as the subscribing witness to the will of Henry Baker deceased Answered the following Enquiries put to him on his oath by Wm. P. Simpson and who was present at the time and conducted the examination of the above witness. Question 1: Did you see the testator make his mark to this will? Answer: I did not see him make his mark to the will but he told me it was his mark for the purpose therein expressed. Question Did you sign it in his presence? Answer I did. Was the testator of lawfull age? Answer: he was. Question Was he of sound mind & memory? Answer: he was. Was he under any restraint at the time. Answer: he seemed to be under no restraint. Joshua Richerson. Sworn to and subscribed before me this 5th day of October AD 1849 and I do further certify that the said Joshua Richerson is the person that he represents himself to be. Adonijah Powele seal Justice of the Peace The State of Ohio Belmont County ss At the regular term of the Court of Common Pleas of said County begun and held in the Court House of said County on the 9th day of June AD 1849. William R. Carle the subscribing witness a paper writing this day presented to Court for probate purporting to be the last will and testament of Henry Baker late of said County dec'd came into Court and being solemnly sworn in open Court. The said William R. Carle for himself upon his solemn oath said that he saw the testator sign said paper writing as and for his last will and testament, that he subscribed the same as a witness thereto in the presence of the testator and at his request that the testator at the time of signing was of sound mind and memory twenty one years of age and not under any restraint. Wm. R. Carle I Robert H. Miller clerk of said Court hereby certify the foregoing to be a complete record of the will of Henry Baker together with the entry of the probate recorded and the testimony taken to prove the same.