Shelby  County,  Indiana
Courthouse  Records
Probate


Last  Will  &  Testament
of
John   Baker,
Decd










I  John Baker Senior  of Shelby County in the State of Indiana Do make and publish this my Last will and Testament hereby revoking and making Void all former wills By me at any time made heretofore.  First I Direct that my Body be Decently interred and that my funeral be conducted in a manner corisponding [sic] with my estate and situation in life and asto [sic] such worldly Estate as it has pleased God to intrust me with.  I Dispose of the same in the following manner to wit.

I Direct first that all my Just Debts and funeral expenses be paid as soon after my Decease as possible out of the first moneys that shall come to the hands of my Executors from any portion of my Estate Real or personal.  I Also Direct that that afair [sic] Valuation or appraisment be made By three Judicious Neighbours of all my said estate in cluding my household furniture and after being signed with their Names that a copy of the same be given to Each of my Executors   I also Direct that all the Real Estate of which I shall Die Seized of or possess shall by sold By my Executors for its Reasonable Value on a credit of Twelve Months and the amount secured in such manner as is usual in like cases to secure the payment thereof.   And to affectuate this my intention I hereby in Vest my Executors with full power and authority to Dispose of my real estate in fee simple in as full and ample a manner in every respect as I coul do [sic] myself if Living.  I Do further Direct that My Wife  Alsha  be maintained after my Decased out of my estate and all funeral expenses attached thereunto.   I also Direct that the Next produce of My personal Estate and Real also when collected after Sale Shall be Divided in manner and form following to wit amount my Children my five sons  Elisha Baker  David Baker  John Baker  Jesse Baker and  Amos Baker  to receive one hundred and fifty Dollars more than an Equal proportion over all my Daughters  except  Mary Forsythe  and one hundred Dollars over her portion I also Direct my Executors to take into consideration all the Notes Bonds Due Bills monies and Every Species of property that may be found as my properties belongin to my Estate in any shape or way Either against the heirs or any other person to be Divided acordin to this my Last will and testament and agreeably to what is set forth in this will and all the Estate both Real and personal monies and accounts after my Decese -- I also Direct my Executors to adjust all the the Notes Bonds and accounts against the Heirs of my Estate as soon as the amount can be ascertained so as to prevent the payment of Money by Suit or the Bonds Notes or accounts against the Heirs where the the money may be coming to the said Heirs.  And I hereby Make and ordain my worthy Friend Elijah Baker and Amos Baker Executors of this my Last will and Testament in witness where of I. John Baker senior the Testator have thereunto set my hand and seal this Twenty fifth Day of December in the year of our Lord Eighteen hundred and forty

his                  
John   X   Baker senior   {seal}
mark            
signed sealed published and Declared By the above Named John Baker senior as his Last will and Testament in presents of us have hereunto subscribed as witnesses therto in the presents of the said Testator and in presents of Each other
      William . S . Crail /s/
    Alsha Baker Junior /s/
            her
    Alsa   +   Israel
            mark      

State of Indiana
Shelby County     ss
                    Before me Sylvan B Morris Clerk of the Shelby Circuit Court & Exoficio Clerk of the probate Court of Shelby County Personally came Alsha Baker Jr & William S Crail of Said County of Lawful age and being by me duly Sworn on oath says that they Saw and heard John Baker Senr sign Seal publish and declare the within instrument of writing as and for his last will and Testment that he was of Sound mind and memory at the time of its Execution that they Signed their names thereto as witnesses in this presenc and at his request and in the presenc of Each other and in the presence of Alsha Israel the other subscribing witness
William S Crail /s/
Alsha X Baker      

Sworn to and Subscribed before me the Twenty Second day of November Eighteen hundred & Forty Two
Sylvan B Morris Clerk /s/

Transcribed from the estate papers of John Baker, dec'd, filebox 28, Shelby County Court House, Shelbyville, IN, by Phyllis Miller Fleming

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John is the 5th greatgrandfather of Jill Knitl.  Per Jill, Mrs. John BAKER's first name is Athalia, and HULS is the correct/preferred spelling for this family name.


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