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In the name of God Amen, I William Baker of Northampton County in Virginia being in good perfect and sound mind and memory (praised be God for the same) but calling to remembrance the uncertinity of this life and that all must yield unto death when it shall please God to call them. Do make, ordain and appoint this my last will and testament revolking all other wills hereafore by me made either by word or writing and this only to be and is my last will and testament as followeth: (first) I give my soul to Almighty God that gave it hopeing through the alone merits of my Saviour Jesus Christ to receive forgiveness of all my sins assuredly believing in his name, and my body to be decently interred at the discreation of my exec'rx hereafter named, and as far what worldly estate God hath been pleased far beyond my deserts to bestow and intrust me with, I do give and bestow as is hereafter named,
Item - I give and bequeath to my two sons John and William Baker my divident of land which I bought of Mr. William Willett by estimation six hundred acres (be the same more or less) My son John to have the Western bounds being that part already settled and my son William the Eastern bounds, and whereas Mary my wife being now with child which if it be a son my will and desire is that he may have a full third part of my aforesaid divident of land lying between his two brothers their land, bounded South and North cross my said land, so by estimation to have two hundred acres of land apiece for my said three sons and at the decease of either of them his or their parts to go to the heirs of his or either of their bodies lawfully begotten and for want of heirs of either of their bodies then to go to the other, and to the heirs of his body lawfully begotten and for want of such heirs then to go to my daughter Elisha and my child unborn as aforesaid. If a daughter equally between them and to the heirs of their bodies lawfully begotten and for want of such heirs to my heirs at comon law.
Item - I give and bequeath to my loving wife Mary Baker the one half of either of my plantations which she pleaseth to live upon during her natural life, but if she marrys a man that hath land then my sons to enjoy their parts at age of twenty and one yeatrs, she to enjoy the same with all edfices there unto belonging.
Item - I give and bequeath unto my said loving wife Mary Baker, My two sons John and William Baker and my daughter lisha Baker all my beding to be equally divided amoungest them with all furniture there unto belonging.
Item - I give to my son John my long gun and my other gun and cutless to my son William.
Item - I will and bequeath all the rest of my estate in what nature or quality soever it is to be equally divided into four equal parts, my loving wife Mary Baker, My two sons John and William Baker and my daughter Elisha Baker when the boys shall attain to the age of twenty and one years of age, except either of them marry then to enjoy their parts thereof and my daughter Elisha to enjoy her part thereof at the age of eighteen years except she marry before (and if so) then she to have it as my two sons have theirs and my will and desire is that my children shall not swap or barter their parts, but shall enjoy the same really in the quality as they are, only my daughter Elisha I give over and above her share one iron spit.
Item - I make and ordain and constitute and appoint my loving wife Mary Baker my whole and sole executrix of this my last will and testament and do desire my loving friends Lt. Col. Nath'l Littleton and Mr. William and Mr. John Harmanson to assist my said wife in the premisses to make division of my said estate as aforesaid.
Item - My will is that my son John Baker shall live with my loving wife untill he attain to the age of eighteen years, and then he to have benefit of his own labor, but if my wife should marry one that should be unkind to him then to be removed at the discreation of my friends abovesaid.
Item - My will is that Ann Carpenter being my wifes sisters child continue with my said wife untill she shall attain to the age of sixteen years, as also to the said Ann Carpentetr I give one yearling heifer if she continues with my wife untill she attains to the age aforesaid.
Item - My will and desire is that my grand daughter Ann Eves shall continue with my said wife untill she attain to the age of sixteen years, and for my said wifes care and trouble of bringing up the said child my will and desire is that she have one white Servant out of my estate if any such be in being.
Item - My will and desire is that my stock of hogs shall be and remain unto my loving wife, and to the maintenance of her house and charge.
Item - I give and bequeath unto my said grand daughter one cow and calf and one young mare about two years old, as also one iron pot and one frying pan with two good pewter dishes all which shall be to her and her heirs lawfully begotten with all their furture increase of the said mare and cow and calf forever and if no such heir to be found, then to return amoungest my children as aforesaid.
Item - My will and whole desire is that there be no sale nor timber sold of or from my said devident of land, but only what is for the use and benifit thereof and there unto employed by any person or persons whatsoever. In testamony of all and singular the premisses hereof and for a full confirmation I have here unto set my hand and afixed my seal this twelfth day of August anno one thousand seven hundred.
Item - Further my will and whole desire is that the child my wife now goes with be the same male or female have a full share of my personal estate besides the share of land afore given, so my said estate to be equally divided into five equal parts each to have a just part thereof, witness the day and year aforesaid.
William Baker
Signed, sealed and delivered in the presence of us;
Thomas Leonard
Michael Underhill
Jacob Bishop
Leverett Clay
Northampton,
November the 28th anno 1700, Then the within and above last will and testament of William Baker deceased was proved in open court of the said county by the corporal oaths of Thomas Leonard, Michael Underhill, Jacob Bishop and Leverett Clay and approved and allowed of by the court as an authentic probate and ordered to be recorded.
Teste Daniel Neech Clk. Cur.
Recorded Daniel Neech Clk. Cur. Co. Northampton
Source:
Walczyk, Frank V. Northampton County Order Book & Wills 1698 - 1710
Vol. 1, 1698-1703 (Coram NY: Petersrow, 2002); pp. 43-45.
(See also the inventory of the estate of William Baker.)
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