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From National Archives - Transcribed by Janet Meads 2020
The Will of John Baker, Gentleman
1796

John Baker married twice, firstly in 1773 to Frances Chapman of Old at Barton Seagrave with whom he
had a daughter Frances. There is no record of his wife's death but in 1787 he married a second time
at Wollaston, by Licence, when he was described as grazier, to Elizabeth Wallis of Wollaston,with
whom he had a daughter Elizabeth
(still a minor at the time of his death.) He provides for future sons
in his will but there is no record of any having been born. Frances married Thomas Billings, grazier
of Illston, Leics., by Licence, at Burton Latimer in 1798. There is no record of John's death or burial,
but his will, written in November 1796, was proved in July 1997. His second wife, Eizabeth, was
buried at Barton Seagrave in 1813 aged 54. At the 1803 Inclosure she is a Burton Latimer landowner.


This is the last Will and Testament of me John Baker of Burton Latimer in the County of Northampton Gentleman I give to my dear wife Elizabeth Baker for and during the term of her natural life (if she shall so long continue my widow one annuity or yearly Rent Charge of Forty pounds of lawful Money of Great Britain to be charged upon and issuing and payable out of my Lands and Estates in Barton Seagrave in the said County of Northampton and which I purchased of Mr William Roughton and to be paid to her my said wife without any deduction Quarterly by four equal Quarterly payments on four usual days or times of payment in the year (that is to say) the Fifth day of January the Fifth day of April the Fifth day of July and the tenth day of October and the first payment thereof to begin and be made on the first of the said days which shall happen next after my death and in case the said annuity shall be behind or unpaid by the space of Forty days next after either of the days or times of payment whenever the same ought to be paid as aforesaid it shall and may be lawful to and for my said wife or her assigns into and upon the said Houses and Premises Charged with the Payment of the said annuity or any part thereof to distrain appraise sell and dispose of as in case of distress for Rent until thereby or therewith or otherwise such Annuity and all Arrears thereof and all Costs duly charged attending such distress and distresses shall be fully paid satisfied and discharged and subject to the payment of the said annuity I Give and Devise all my said Estate in Barton Seagrave aforesaid unto my two friends Samuel Wallis of Barton Lodge and Edward Boddington of Finedon both in the said County of Northampton their Executors Administrators and Assigns for the term of Five hundred years to be computed from the time of my decease without such Impeachment of Waste upon the several Trusts and for the several interests and purposes herein affore expressed and declared of and concerning the same and from and after the expiration or other sooner determination of the said term and subject thereto then as for and concerning two undivided third parts (the whole in three equal parts to be divided) of my said Lands and Estate to the use and behoof of all and every the Son and Sons if more than one which I shall or may have or leave by my said Wife either living at my decease or born in due time & afterwards to be equally divided among them share and share alike to take as Tenants in Common and not as Joint Tenants and of the several and respective Heirs of the bodies of all and every such Sons lawfully issuing and in case such Sons but one shall happen to die without issue of his or their Body or Bodies or if there shall be but one such Son then to the use of such surviving or only Son and the Heirs of his Body lawfully issuing and in default of such issue to the use and behoof of all and every the Daughter and Daughters (if more than one) which I now have or shall or may have or leave by my said Wife either living at my decease or born in nine months afterwards to be equally divided among them share and share alike to take as Tenants in Common not as Joint Tenants and of the several and respective Heirs of the Bodies of all and every such Daughters lawfully issuing and in case all such Daughters but one shall happen to die without issue of her or their Body or Bodies or if there shall be but one such Daughter then to the use of such surviving or only Daughter and the Heirs of her Body lawfully issuing and in default of such issue then to the use of my Daughter Frances Baker and the heirs of her Body lawfully issuing and in default of such issue then to the use and behoof of all and every the Child or Children of my two Sisters Mary the Wife of Samuel Richardson and Elizabeth the Wife of George Eland (which shall be living at the time of my Death) and to their respective Heirs and Assigns for ever to take as Tenants in Common and not as Joint Tenants and as to for and concerning the remaining third part of my said Estates to the use and behoof of all and every the Daughter and Daughters now living which I now have or shall or may have or leave by my said Wife either living at my decease or born in due time afterwards to be equally divided among them share and share alike to take as Tenants in Common and not as Joint Tenants and of the several and respective Heirs of the Bodies of all and every such Daughter lawfully issuing and in case all such Daughters but one shall happen to die without issue of her or their Body or Bodies or if there shall be but one such Daughter then to the use of such surviving or only Daughter and the Heirs of her Body lawfully issuing and in default of such issue to the use and behoof of all and every the Son and Sons if more than one which I shall or may have or leave by my said Wife Elizabeth either living at my Death or born in due time afterwards to be equally divided among them share and share alike to take as Tenants in Common and not as Joint Tenants and to the several and respective Heirs of the Bodies of all and every such Sons lawfully issuing and in case all such Sons but one shall happen to die without issue of his or their Body or Bodies or if there shall be but one such Son to the use of such surviving or only Son and the Heirs of his body lawfully issuing and in default of such issue to the use and behoof of my said Daughter Frances Baker and the Heirs of her Body lawfully issuing and in default of such issue then to the use and behoof of all and every the Child and Children of my said two Sisters Mary Richardson and Elizabeth Eland which shall be living at the time of my death their Heirs and Assigns for ever to take as Tenants in Common and not Joint Tenants and as to for and concerning the said term of Five hundred years so limited to the said Samuel Wallis and Edward Boddington their Executors Administrators and Assigns as aforesaid my Will is and I do hereby Direct and Declare that the same is so limited to them upon Trust that in case at the time of the decease of my said Wife Elizabeth she shall have or leave no Child or Children by me begotten then that they the said Samuel Wallis and Edward Boddington or the survivor of them his Executors or Administrators do and shall within six months next after the decease of my said Wife by sale mortgage or other disposition of all or any part of the said Estates comprised in the term of Five hundred years for all and any part of the said term or by and out of the rents lands and profits of the same Estates until such sale mortgage or the disposition or by all or any other ways or means whatever as to them shall seem meet to levy and raise the full and clear sum of Five hundred pounds of lawful Money of Great Britain to be by them paid and applied to such person or persons and upon and for such Trust or Trusts and for such intents and purposes as she my said Wife at any time or times hereafter during her life notwithstanding her coverture and whether covert or discovert by any deed or instrument in writing with or without Power of Advowtion to be by her duly executed in the presence of and attested by two or more credible witnessor by her last Will and Testament in Writing to be by her Signed Published and Declared in the presence of and due attested by the like number of witnesses shall order direct or appoint give or dispose of the same but in case at the time of the decease of my said Wife Elizabeth there shall be any Child or Children of her Body by me begotten then living Then upon Trust that they my said Trustees or the Survivor of them or the Executors Administrators or Assigns of each Survivor do and shall by the ways and means aforesaid levy and raise the sum of two hundred pounds only to be paid and applied in like manner to such person or persons and for such and the like intent and purposes as I have hereinbefore directed concerning the said sum of five hundred pounds I give and divide all my Lands Tenements Hereditaments and Pemises which I purchased of Mr Charles Pywell lying and being in Finedon aforesaid and also all that Messuage Cottage or Tenement and Premises which I purchased of Richard Blofield in Burton Latimer aforesaid with their Appurtenances unto my said Wife Elizabeth for and during the term of her natural life if she shall so long continue my Widow and from and after her decease or second marriage which shall first happen I give and devise all the same premises unto my Daughter Elizabeth and the Heirs of her Body lawfully issuing and default of such issue Then I give and devise all the said last mentioned premises to my Daughter Frances Baker her Heirs and Assigns for ever I give to the said Samuel Wallis and Edward Boddington the sum of one hundred pounds upon Trust to put place and keep the same out at Interest in some publick Stock Bank or Fund or otherwise upon good and sufficient Real Security with full power for them my said Trustees or their survivor to call in and new place out the same as they shall think fit and upon Trust to pay and apply the Interest and dividends which shall or be made arise from the same sum of one hundred pounds towards the Maintenance and Education of my said Daughter Frances during her Minority or until her Marriage and Further I Trust to pay the same sum of one hundred pounds to my Daughter Frances so soon as she shall attain the age of twenty one years or on the day of her marriage which shall first happen and for her own use and benefit also I leave to my said Daughter Frances all my Linen marked FC and the Tent Bed and Furniture thereto belonging and also the plate marked FC. I Give and Bequeath to my said Wife Elizabeth the Furniture of any two of the Rooms in the Dwelling House in which I shall reside at my death which she shall chuse to and for her own use and benefit and all the rest of my plate I give to my said Wife and Daughter Elizabeth to be equally divided between them but in case my said Daughter Elizabeth shall die before she attains the age of twenty one years or be married then I give all my plate to my said Wife and my said Daughter Frances to be equally divided between them all the residue of my Household Furniture I give to such Child or Children which which I shall or may have or leave by my said Wife Elizabeth and if there shall be no Child or Children or being such they shall all die under the age of twenty one years and being unmarried then I give and Bequeath the same unto my said Daughter Frances her Executors Administrators Assigns I give to my said Trustees one Guinea each for a Ring the Rest Residue and Remainder of my Goods Chattels Cattle Stock Crops Monies Securities for Money and all other my Personal Estate whatsoever and wheresoever or of what nature kind soever which I shall be possessed of interested or intitled to at my death after payment of my Debts Funeral Expenses in which I include Mourning for my Wife and Children and the charges of proving and executing this my Will I leave to the said Samuel Wallis and Edward Boddington their Executors Administrators and Assigns upon trust that they my said Trustees and the Survivor of them and the Executors Administrators or Assigns of such Survivor do and shall so soon as conveniently may be after my Decease convert my Personal Estate into Money and do and shall put place and keep such Money out at Security in some Publick Stock Bank or Fund or otherwise upon good and sufficient real security with full power for my said Trustees or the Survivor of them or the Executors Administrators or Assigns of such Survivor to call in and new place out the same as they shall think fit and upon Trust to pay and apply the Interest Dividends and annual produce thereof or so much thereof as may be necessary in or towards the Maintenance Education and bringing up of all and every my Child and Children which I shall or may have or leave by my present Wife either living at my decease or born in due time afterwards until he she or they shall attain their respective ages of twenty one years or be married with the consent of my said Wife and the said Samuel Wallis and Edward Boddington which shall first happen and when and as soon as they shall attain that age or be married with such consent as aforesaid then upon Trust that they my said Trustees or the Survivor of them or the Executors Administrators or such Survivors do and shall pay and divide all such the Residue of the Monies arising as aforesaid together with such Interest arising therefrom which shall not have been so applied as aforesaid unto between and amongst all and every such Children if more than one their respective Executors Administrators or Assigns to and for their own use and benefit and if there shall be but one such Child then the whole of such Monies to be paid to such only Child his or her Executors Administrators or Assigns but in case there shall not be any such Child or Children or being any such in case they shall all happen to die under the age of twenty one years and unmarried then I Will and Direct that my said Trustees or the Survivor of them his Executors Administrators or Assigns do and shall pay Assign and Transfer all the said Trust Monies and the Stocks Funds or Securities wherever or upon which the same shall be placed out or invested unto my said Daughter Frances her Executors Administrators or Assigns and I do make constitute and appoint the said Samuel Wallis and Edward Boddington Executors of this my last Will and Testament and together with my said Wife Guardians of all my Chidren during their respective Minorities and I do direct that my said Executors and Trustees shall each of them be accountable for his own act only and not the one for the other of them and that they shall not be answerable or accountable for any loss or miscarriage which may happen in my Estate so as the blame happen without their wilful default or neglect and also that it shall and may be lawful for them and each of them to retain out of the Monies which shall come to their hands respectively by virtue of the Trusts aforesaid all such Costs Charges and Expences which they or either of them shall be at or put unto in the execution of this my Will and the Trusts herein contained and I revoke all former Wills by me made In Witness whereof I the said John Baker the Testator have to this my last Will and Testament contained in six sheets of paper set my hand and seal (that is to say) to the first five sheets my hand and to the last sheet my hand and seal this ninth Day of November in the thirty sixth year of the reign of his Majesty King George the third and in the year of our Lord one thousand seven hundred and ninety six - John Baker - Signed Sealed Published and Declared by the said John Baker the Testator as and for his last Will and Testament in the presence of us who in his presence and at his request have subscribed our names as Winesses thereto the words Tent Bed and being first interlined - J. Braunston - Richd. Todd - John Richardson.
On the Fifth Day of July in the year of our Lord one thousand seven hundred and ninety seven Administration (with the Will annexed) of all and singular the Goods Chattels and Credits of John Baker late of Burton Latimer in the County of Northampton deceased was granted to Elizabeth Baker Widow the Relict and one of the Testamentary Guardians appointed in and by the Will of the said John Baker deceased (to Elizabeth Baker Spinster a minor the only child of the deceased (by the said Elizabeth Baker and as such the Residuary Legatee named therein) for the use and benefit of the said Minor and until she shall attain the age of twenty one years having been first sworn by Commission duly to Administer Samuel Wallis and Edward Boddington the Executors and Residuary Legatees In Trust named in the said Will having first renounced as well the Execution thereof as the Letters of Administration (with the said Will annexed) of the Goods of the said deceased


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