WILL OF JOHN BAKER, FORT ANN, WASHINGTON COUNTY, NEW YORK

 

John Bakerís will of 10 November 1836 was proved in the surrogate court of Washington County, NY on 12 Oct. 1842. Son, Silas Baker and friend Benjamin Barnett were appointed as executors. John expresses his will and desire that Clarissa remain on his Artillery Patent farm and have "use occupation and sole control thereof". He provides that "my son Benjamin Baker is to have his maintenance and support during his minority out of said farm and property... he the said Benjamin obeying his said mother in all things reasonable". The accompanying probate papers mention all of John's children, except Sarah and
Thomas, and ten grandchildren.

Note: Many more descendants are named in the petition of the executors than in the will.

I, John Baker of Fort Ann County of Washington and State of New York being weak in body but of sound and disposing mind and memory Do hereby make and publish this my last will and testament in manner following that is to say.

Firstly, It is my will and desire that my wife Clarissa remain on the farm whereon I live being part of Lots N. Twenty and twenty six of the Artillery Patents? in said Town for and during her natural life in case she lives until the lease thereof shall have run out during which timeshe is to have the use occupation and sole control? thereof the same as if said farm was her own, she paying the ground rend and all taxes thereon and Intending that she shall have the right, she shall think best to purchase the soil of said farm___ And it is further my will and desire that my said wife have the use controul? and benefit of all my stock horses cattle sheep farming utensils creatures of all kinds household furniture and all things in and about the house farm and premises and all my property owned by me at my decease after the payment of my Just debts and funeral expenses it being however understood that my son Benjamin Baker is to have his maintainance and support during his minority out of said farm and property he doing towards assisting his said mother in the mean time what shall be consided reasonable and he the said Benjamin obeying his said mother in all things reasonable.

Secondly, It is my will and desire that whatever of said property may and shall remain and be left at the death of my said wife that the same and so remaining and left at her decease is to go to and belong to my said son Benjamin Baker in case he shall survive his said mother with this espress proviso that if said Benjamin Baker shall decease during his minority without issue living or unmarried then his share and rights to go to and be equally divided among all my children except as to the property articles and things belonging to my said wife as hers at our marriage and remaining at her decease and which she is to do with as she pleases anything contained herein to the Contrary in any wise notwithstanding.

Thirdly. In case I should at my decease have disposed of my said farm or changed any of my property then the rights of my said wife and son Benjamin is and are to be and remain in all respects as near as maybe the same as beforementioned or intended. Lastly, I do hereby appoint my son Silas Baker and my friend Benjamin Barnett Executors of this my last will and testament hereby revoking all former wills by me made ___ in testimony whereof I have herunto set my hand and seal this 10th day of November 1836. Signed sealed published and declared by the above named John Baker as a John Baker (seal) for his last will and testament in the presence of us who have subscribed our names hereto as Witnesses in the presence of the Testator and of each other and at the Testators request.

Henry Thorn of Fort Ann
Oliver Slater of Fort Ann