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    1. [INGREENE] The Last Will and Testament of Nathan BAKER [1787NY—1851IN]
    2. This is a Message Board Post that is gatewayed to this mailing list. Surnames: BAKER, FANNING, PITMAN, WALKER Classification: Will Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/Ci.2ADE/4453 Message Board Post: WILL RECORDS OF GREENE COUNTY, INDIANA, Office of the Clerk, Court House, Bloomfield, Indiana, Will Book 1, Pages 66--68, “Nathan Bakers Will” 66. Filed and Recorded November 13th 1851 in the words and figures following towit In the name of God Amen, Know ye that I, Nathan BAKER of the County of Greene and State of Indiana being in a low state of health and weak in body but of sound mind and disposing memory, and knowing that it is once appointed unto all men to die, and knowing also that it is desirable that such worldly goods and chattels as we may be the indulgence of kind providence be blessed with in this world, be transmitted to our posterity, with as little expense and litigation as possible, and to insure therein the quiet and feasible enjoyment of the same. Therefore, and to the end that I secure to my children these blessings. I do hereby and by those presents make, publish, ordain and establish this my last will and testament, hereby revoking all former wills and codicils by me at anytime heretofore made or executed. Item. First I do will, give, grant and bequeath unto my beloved wife Prudence BAKER the one third part of all my lands and tenements situate in the County of Greene and State of Indiana To Have and to Hold the same during the Term of her natural life, And also that after the payment of my just debts and legal liabilities which I desire to be paid out of the proceeds of my personal estate, that the said Prudence shall also have the one third part of Net proceeds of the said personal estate. Item 2.d I do hereby give grant, devise, and bequeath unto my three oldest children, Towit James S. BAKER of Navario, Wisconsin, Mary Ann FANNING wife of Rufus FANNING of Tonawada, N.Y. and Hannah Francis PITMAN of Michigan; the sum of one thousand thirty three dollars and thirty-three cents being two-thirds of the amount of the valuation of all my real estate, to be paid to the said James S. BAKER, Mary Ann FANNING and Francis PITMAN upon the arrival of full age of my youngest son Francis Carter BAKER now in his fourteenth year of age. The same to be paid to them by my Executor hereinafter appointed that is the sum of three hundred and forty four dollars and forty four cents each, but in no event is the said — Page 67. land to be sold for the purpose of the payment of the bequests herein mentioned if the said bequests can be realized from the proceeds of my personal estate. Item 3rd. I do hereby give grant, and devise to my following children, Towit. Hiram W. BAKER, John BAKER, George BAKER, Henry BAKER, Horatio W. BAKER, and Francis C. BAKER, in common the following lands and tenements situate and being in the County of Greene and State of Indiana and known and designated by the description following towit The NW qr of NE qr of S 5 in Township 6N of R4 west containing fifty-eight acres and 78/100. The SE qr of the SE qr of S 32 in T 7 N of R 4 west containing forty acres. The SW qr of the SE qr of S32 in Town 7 N of R 4 west containing forty acres. Part of the E ½ of the SE qr of S32 in Town 7 North of Range 4 West containing forty acres making in the whole one hundred and seventy eight acres and 75/100 To have and to Hold the tenements and hired tenements aforesaid to them the said Hiram W. BAKER, John BAKER, George BAKER, Henry BAKER, Horatio W. BAKER and Francis C. BAKER and their assigns forever in fee simple. Said land however ! to be subjected to the payment of the Legacies herein provided in the 2d Item of this my last will and testament to be paid to the said James S. BAKER, Mary Ann FANNING and Hannah Francis PITMAN as therein Provided Item 3d. I do hereby give grant and bequeath unto my said children towit Hiram W. BAKER, John BAKER, George BAKER, Henry BAKER, Horatio W. BAKER and Francis C. BAKER all and singular all my personal estate consisting of all my horses, Waggons, carriages, cattle, hogs and sheep as all worries, dues and demands due me and all causes inaction, except the one third part thereof which is hereby and in the 1st Item of this will bequeath unto my wife the said Prudence BAKER. Item 4th. I do hereby nominate ordain constitute and appoint my sons James S. BAKER and Hiram W. BAKER my Executors of this my last will and Testament investing them with full power and authority to carry into full effect all and singular the provisions herein contained. And I hereby especially enjoin it my said executor James S. BAKER that he shall see to the payment of the Legacies herein bequeathed to the said Mary Ann FANNING and Hannah Francis PITMAN hereby confirming this as my last will and Testament. This the 6th day of September 1851. Given under my hand and seal this 6th day of September 1851. Nathan BAKER (Seal) — 68 Signed sealed published and declared in the presence of the testator and of each other, and at his request. H. L. LIVINGSTON Chas D. PEARSON Lewis B. EDWARDS I Samuel R. CAVINS Clerk of the Probate Court in and for the county of Greene in the State of Indiana do hereby certify that the last will and testament of Nathan BAKER, late of said County, deceased, was this day brought before me in my office and was duly proven by the oath of H. L. LIVINGSTON and Lewis B. EDWARDS the subscribing witness thereto, whose criminations were reduced to writing and by them subscribed and sworn to in the words and figures following to=wit We do solemnly swear that we saw Nathan BAKER sign, seal publish and declare the foregoing instrument of writing purporting to be his last will and testament, and that we signed our names thereto as subscribing witnesses in the presence of the said Nathan BAKER, at his request, and in the presence of each other. That the said Nathan BAKER was of full age to devise his property, and of sound mind and memory at the time of his making and signing his said last will and testament, and not under coercion or restraint and that of his own free will and accord, he signed his said last will and testament. That we are of lawful age, and in no wise interested in either the real or personal estate of the deceased. H. L. LIVINGSTON Lewis B. EDWARDS In testimony whereof I hereunto subscribe my name and affixed the seal of said Court at Bloomfield this 3rd day of November Anno Domini, 1851 S.R. CAVINS, Clerk (LS)

    04/03/2002 06:53:29