In the name of God Amen. I Joseph Baker ? of the County of Wythe & State of Virginia being weak of body, but of sund (sound) mind and memory and understanding (? be you for it) and ? the certainty of death and uncertainty of the times thereof; and to the end I may be better prepared to leave this world, wherever it shall please God to call me hence do therfore make and declare this my last Will and Testament in manner following:
...First and principally I commend my soul into the hands of Almighty God my Creator hoping for free pardon and remision of all my sins and to enjoy everlasting happiness in his heavenly Kingdom through Jesus Christ my Saviour; my body I commit to the earth at the direction of my Executors herin afterwards named,
...Secondly I will that all my Last Debts as shall be by me owing at my death together with my funeral Expences and all charges touching the proving of or otherways concerning this my Will; shall in the first place out of my personal Estates used affects be fully paid & satisfied, and ? and after payments therof are subject therunto these my will is that all the residue of any ?, stables, chattles, and household furniture shall be indefferently appraised and after such appraisements made that the land shall be divided into four equal parts one equal fourth part whereof
...I give and bequeath to my loving wife Hannah another equal fourth part therof
...I give and bequeath unto my daughter Hannah Alford the part she has recieved from me to be included in the dividend,
...one other fourth part I give and bequeath to my Daughter Dally,
...one other fourth part I give and bequeath to my daughter Polly,
...I do also give and bequeath to my said Wife Hannah one Negro boy named ELLESK and one Negro woman named MILLY during her life
...and at her death I give and bequeath the said Boy ELLECK to my son George.
...And MILLY I give and bequeath to my son Joseph.
...But shuld she the said MILLY have any children while in the possesion of my Wife then and in that case I give the said children to my Wefe to dispose of as she thinks proper
...But at her death MILLY and her future increase I give to my son Joseph.
...And it is my Will that all the land I own in Wythe County to be valued...(except twenty acres at my Mill including the Mill which I give and bequeath to my son George)...and after it is valued it is my will that it be devided into four equal parts agreeable to quality and quantity, and disperced of in the following manner;
...I give and bequeath to my son Douglas one equal fourth part to be taken of the lower end and the line to be drawn in such a manner and not to touch the house or yard,
...I also give and bequeath to my son Joseph one equal fourth part to include the dwelling home wherin I now reside,
...I also give and bequeath to my son Andrew one equal fourth part to ? Joseph in the upperend.
...I also give and bequeath to my son George one equal fourth part at the upper end- And is my will that all my sons share ? whatever property I may has in given them in my life time.
...I give and bequeath to my daughter Jinny five shillings to be paid her out of my personal property.
...I also give and bequeath to my daughter Betsey Ann five shillings to be paid to her out of my personal property.
...It is my Will that my Smith tools shall not be divided but remain for the use of the family so long as they keep together and when the family brakes up they shall be sold and the money arising therefrom to be equally divided among all of my children
...and it is my will that my loving wife Hannah shall have my riding mare to dispose of as she thinks proper. It is further my Will that at the death of my Wife Hannah that the fourth part of my personal Estate that I have left her shall be equally divided between my three youngest Daughters-
...It is my will that me Executors shall hire out my negro boy NED to the highest bider untill my three youngest daughters and my son Samuels part of my Estate shall become equall to my four other sons parts and should ? them be living
...it is my will that my son Douglas shall have his hire one year and should he still be living...I give and bequeath him to my son Andrew,
...and it is my will that my negro woman CLOE shall live with what part of my family she pleases-
...And I make and ordain my son George and Joseph Executors of this my last will and testament in witness thereof I Joseph Baker said testater have to this my Will set my hand and seal this 22 day of April 1815.
Signed sealed published ? and declared in this above named Joseph Baker as said for his Last Will and Testament in presence of us
Joseph(his X mark)Baker, Sr.
Wm G. Thomas
At a Court of Quarterly Session held for Wythe County, on tuesday the 13th day of June 1815. This the last Will and Testament of Joseph Baker find Deceased was probated in Court by the Oath of Wm. G. Thomas, Stephen Halsey & Henry Patterson the Subscribing Witnesses therto and Ordered to be Recorded. And on the motion of George and Joseph Baker the Executors named in this said Will who entered into ? with John Crockett & William Patterson their Securities. A. the sum of $3000, conditions as the law directs, and took the oath required by law Probate of the said Will is granted them in due form.
?, Jack F. Fishback DC.
This land of mine that is to be divided is to be divide quantity and quality counting nothing on the improvements it is the land only that is to be divided. Atteste.
Joseph Baker, Jr.
At a Court of Quarterly Session continued and held for Wythe County, on the 14th day fo June 1815. This day this? to the will of Joseph Baker Sr ? was exhibited in Court and ? forth by the oaths of Sally Baker and Hannah Baker two of the witnesses there is ordered to be Recorded.
Contributed by: David & Lynette Day, firstname.lastname@example.org
By way of: LEELEE114@aol.com