Muhlenberg County Kentucky
Wills: B
Jacob S. Baker, 1845
In the name of God, Amen, I Jacob S. Baker of the County of Muhlenberg and state of Kentucky being advanced in age and believing all mankind must depart this life sooner or later therefore whilst in my proper mind and health have thought it proper to dispose of my worldly estate by making this my last will and testament.
In the first place I give to my beloved wife Salome the care and benefit of the farm whereon I now live with the profits arising therefrom together with all the farming utensils of every kind with all my household and kitchen furniture and also give her all my slaves and one third of the stock of every description and one third of the money on hand at my death during her widowhood. It is my will at the death of my wife that all my slaves with their increase be equally divided among all my sons (viz.) David S. Baker, Samuel, Elisha, Ephraim and Israel that no sale of them be made out of their families. They may sell to one another, but not to strangers unless they shall find it inconvenient to manage them, as it is my desire that my sons keep them among themselves. In consideration of which bequest my sons shall each of them pay the sum of twenty-five dollars and that the money then paid by them shall be equally divided among my daughters Polly Fitzhugh, Lydia Williams, Rebecca Wood and Elizabeth Newton and the heirs of their body. If all my slaves with their increase are as valuable at the death of my wife but should any of them die or be diminished in value other than by old age my sons must pay as much less than one hundred dollars as the slaves may have diminished in value and should the increase in number and value at the death of my wife to the amount of one hyndred dollars over and above what they are now worth my said sons shall pay the further sum of one hundred dollars to be equally divided amongst my said sons.
I give and bequeath to my daughter Elizabeth one horse worth fifty dollars with a good saddle and bridle together with two cows, two good feather beds complete and furniture complete, a set of cupboard ware and kitchen furniture, my silver tea and table spoons.
I give and bequeath to my three youngest sons (viz.) Elisha, Ephraim and Israel each a good feather bed and furniture complete to them and their heirs forever. I give and bequeath to my son Israel one good horse, saddle and bridle to him and his heirs forever. I give and bequeath to my son David S. Baker the tract of land whereon he now lives containing one hundred and thirty acres to him and his heirs forever.
I give and bequeath to my son Samuel Baker the tract of land whereon he now lives containing one hundred and sixty acres to him and his heirs forever. I give and bequeath to my two sons Elisha and Ephraim S. Baker each two hundred dollars in cash to them and their heirs forever. I give and bequeath to my son Israel J. Baker the tract of land whereon I now live containing four hundred and thirty acres, also two other tracts of land adjoining the same one containing three hundred and fifty acres, the other containing eighty acres to him and his heirs forever. I also give to my son David S. Baker a tract of land adjoining the one he now lives on containing eighty-seven acres but he is to pay to my estate one hundred dollars therefore in one year after the death of my wife.
I give and bequeath to my daughter Lydia Williams and her husband one hundred and thirty acres of land adjoining the land I now live on to them and their heirs forever. I give and bequeath to my daughter Rebecca Wood one hundred dollars to her and her heirs forever. I give and bequeath to my daughter Elizabeth Newton one hundred dollars to her and her heirs forever. I give and bequeath to my daughter Polly Fitzhugh fifty dollars to her and her heirs forever all to be paid one year after my wife's death. And my will is after all the foregoing legacies and bequests are complied with that the remainder of my estate should there be any be sold and divided among all my children now living but not until the death of my wife. And should there not be money and property sufficient left at the death of my wife to discharge the legacies before mentioned my will is that each of my children pay equally their proportions to make up said deficiency. My will and desire is that should my wife and myself depart this life within any short time that my son Israel have choice of my mules as his own property. And now having disposed of my estate as I think right and equitable my desire is that my children be satisfied without murmurs or contention. And I hereby nominate and appoint my two oldest sons David S. and Samuel Baker the Executors of this my last will and testament hereby revoking all other or former wills and testaments by me made and declaring this and no other as my last will and testament. Witness my hand this 15th day of March, 1841.
Jacob S. Baker
P.S. Baker
Charles Wing
Codicil - Whereas I have in this will given to my son Israel J. Baker the tract of four hundred and thirty acres of land being the military tract conveyed to me by Roberts, and being most disposed to make a change in that particular, so as to give my daughter Elizabeth Newton one hundred acres of land out of said four hundred and thirty acre survey beginning at two hickories and gum that the one hundred acres be laid off as to make the said gum and hickories the center of the survey extending each way so as the 100 acres may be as near in a square as it may he convenient which said land I give to my said daughter Elizabeth and the heirs of her body - and should it become necessary for her to sell said land I desire she may do so and do make a conveyance as tho she was a femme sole and the proceeds be appropriated for the benefit of herself and the heirs of her body. Witness my hand this 18th day of July 1843.
Jacob S Baker
P.S. Baker
Charles Wing
February County Court 1845
The foregoing last will and testament of Jacob S. Baker deceased together with the codicil thereto annexed was instituted in to court and proved by the oaths of Charles Wing being a subscribing witness thereto and ordered to be certified and at the April county court, 1845 said will was again presented to the court and fully proved by the oath of P.S. Baker the other subscribing witness thereto and ordered to be recorded. In witness that the same has been truly recorded and hereunto set my hand.
Charles Wing, clerk
Source: Muhlenberg County Kentucky Will Book 3, p. 64.
Contributed by Lynda S. Smith
Updated July 29, 2022