Will of John Baker

In the name of God Amen, I John Baker of the stateof South Carolina and the district of Sumter being of sound mind andmemory and calling to mind the mortality of man that it is appointedfor them once to die do make, ordain, constitute and appoint this mylast will and testament. revoking and disannuling all other or formerwills and first of all I recommend my sole in to the hands of Godthat gave it and my body to be burryed at the discretion of myfriends and executors and as it respects such wordily goods it haspleased god to bless me with. I dispose of in the manner and form asfollows:.

1st I give and bequeath unto my beloved wifeRachel Baker the house and land whereon we now live, namely all theland that I own on the South West side of a ditch and branch thatruns from R. F. Hicksons land rather an east course to William F.Weavers land and thence to John B. Mackmillions land to theCharleston Road thence with said road to what is called the ______Road thence with said road to the ditch or beginning at theaforementioned ditch and Branch and including all the land within thesaid boundaries with all singular rites and privileges there untobelonging to dispose of as she may think best for her support duringher natural life. also give unto the said Rachel Baker one Negrowoman named Peggy and one Negro boy named West during her naturallife and at her death the afore named land and the Negroes namelyPeggy and West to be returned to my Executors to be sold and disposedof as my property them or their successors it is here after named. Ialso give the Rachel Baker one young gray horse called Jack, onebuggy and the harness, one cart, one cow and one heifer yearling, onsow and pigs with provisions sufficient to last her one year, twofeather beds, bedsteads and furniture, one of which is her own, sixsitting chairs and one small truck which is her own one chest or box,one beaufat, one safe one table, the crockery were in the house andother furniture about the house such as glass and such like in theyard namely pots and other cooking utensils also one jug, onedimmjohn and ploughs and hers all of which property except the landand Negroes not to be accounted for as my property after the death ofmy wife Rachal Baker. The land and Negroes Peggy and West to be soldand the money arising for said sale to be equally divided amongst myseveral heirs as follows Benajah Baker, John W. Baker, James M.Baker, A. J. Baker, Charlotty Woods and A. J. Byrd in place of hiswife Martha S. Baker or Byrd them or their diver heirs orassigns

I also give and bequeath to my grandson JohnAndrew Albert Byrd one Negro boy, Sampson, one Negro girl Caroline. I do also appoint his Father A. J. Byrd as age or guardian for thesaid John Andrew Albert to transact the business respecting saidNegroes until the John Andrew Albert Byrd shall come to the age oftwenty one years.

I also give unto granddaughter Mary Ester Bakerone Negro girl named G______ to be under the care and control of herfather James M. Baker until she comes to the age of twenty one yearsor marries also the balance of my land and Negroes not beforedisposed of with all my estate and property of any kind to mybelonging except notes now in my hands due to me to be sold at mydeath and the money paying my just debts and paying John W. Baker forthe land that last by the Fulwood claim at the what said land wasworth when he lost it after deducting out a note of Ninety fivedollars now in my hand against the said John W. Baker the interest tobalance against each other and also to pay A. J. Baker for the landsthat he last to the said Fulwood claim at what said land was worth atthe time he lost it after deducting out the price of one hundred andeighty acres of land and a note of thirty or thirty five dollars nowin my hands against said A. J. Baker

After paying my just debts and the other nameddemands, I wish to be equally divided amongst my several heirs namelyBenajah Baker, John W. Baker, James M. Baker, A. J. Baker CharlottyWoods, and John Andrew Albert Byrd the part that his mother Martha S.Byrd was intitled to if she was living and present. The notes andAccounts mow in my hands that is not paid and maid of title my deathto e collected by my executors and I wish the same to be equallydivided in seven equal parts to namely Benajah Baker one part, JohnW. Baker one part, James M. Baker one part, A. J. Baker one part,Charlotty Woods one part John Andrew Albert one part which his motherMartha S. Baker deceased was intitled to was she living, one my wifeRachal Baker and seventh part of the amount of said notes andaccounts if any there be to be applied to her support and I do hereby constitute and appoint my two sons John W. Baker and James M.Baker executors to this my last will and testament in witness whereof I do hear in do set my hand seal this April the 4 day and the yearof our Lord one thousand eight hundred and fifty seven in the 81years of the independence of America in presents of

G. W.Truluck

Milly A. Truluck

Joseph Pate

 

SLC Film # 0216962 Probate Bundle No. 1465package No. 3, Will of John Baker Probated Nov. 1861