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Last Will and Testament of Judah Baker

Tompkins County Surrogate Court, Will Book G, p. 71


Transcribed from SAMPUBCO copy by Bonnie Stout
Tompkins, NY, Will Book Vol. G, page 71
Surnames: Baker, Chase, Lovell, Sage

At a Surrogate Court held for the County of Tomkins at the office of the County Judge of the said County in the village of Ithaca on the 16th day of October in the year 1851 –

Present Alfred Wells, County Judge.

Moses Lovell one of the Executors named in the Last Will + Testament of Judah Baker late of the said County deceased appeared for the purpose of proving + having the said Will recorded according to law + made satisfactory proof that the citation issued to the undersigned next of kin to the said deceased had been duly served to which citation has been returned + filed and thereupon and instrument purporting to be the Last Will and Testament of Judah Baker, having date the 16th day of April in the year 1842, was produced in court and shown to each of the persons sworn as witnesses as herein after mentioned + which instrument is in the words + figures following to wit: -

The Last Will and Testament of Judah Baker of Enfield, Tompkins County and State of New York, made the 16th day of April in the year of our Lord one thousand eight hundred + forty two.

I Judah Baker, considering the uncertainty of this mortal life and being of sound mind + memory (blessed be God for the increase) do make + publish this my last Will and Testament in manner + form following (that is to say):  First. I give + bequeath to my beloved wife all my property both real + personal for + during her natural life, for her to use occupy for her own benefit – And at her death to be divided amongst my heirs in manner following (that is to say):  I have lately given to my son Obadiah a Deed of forty acres of land lying in the South end of my farm, which I consider to be his full share of all my property both real + personal and which is intended by me to be in full for his portion, and the remainder of my will is that it be distributed as follows, four fifths of all my personal property I give and bequeath to my sons Nehemiah and Alvin and my daughter Zillah and the heirs of my late daughter Susanna deceased to be equally divided amongst them, share + share alike, that is to say, the heirs of my late daughter Susanna, deceased to have one of the above four shares divided equally amongst them share + share alike.  And one fifth of the personal property to be divided equally between my daughter Adah + my grand son Elmer Baker share + share alike.  And I also bequeath to my daughter Adah the note of hand given by her late husband James R. Sage to me for five hundred dollars which said note I have sent to Charles Sage of the State of Ohio, it is my will that said note be given to my daughter Adah for her own benefit –

And it is my Will and I do hereby bequeath all of my real estate (which consists of about one hundred + twenty six acres in Lot No. fifty two in the Town of Enfield in the County of Tompkins + adjoining the East line of said hundred in the North by lands of Caleb Miller + Isaac Williams East by the East line of said lot, South by land divided by me to Obadiah C. Baker, to my sons Nehemiah + Alvin + to my daughter Zillah, and the heirs of my late daughter Susanna deceased and to my daughter Adah + to my grand son Elmer Baker, to be divided in the same proportions as I have distributed my personal property –

And I do hearby appoint my friends Elmer Chase + Moses Lovell my Executors of this my last Will + Testament voiding all other wills by me made. –

And I do hereby appoint Silas Harvey + Elmer Chase and I hereby request and will that they make division and partition of my real estate amongst the several persons as is in this my last Will + Testament mentioned.  And in case of their disagreement they are to agree on some one other person to divide with them + two of them agreeing, such agreement shall be conclusive. –

And lastly my express Will + meaning is, and I do hereby order and appoint that if any disputes, questions, or controversies shall be served arise or happen concerning any gifts, bequest, matter or thing in this my Will given + bequeathed, expressed or contained, that their no suit or suits in law or equity or otherwise, shall be brought, commenced or prosecuted for + concerning the same, but the same shall be referred wholly to the award order + determination of my friends Silas Harvey + Elmer Chase, both of Tompkins, N.Y. and what they shall order, direct, or determine therein shall be binding + conclusive to all + every person or persons therein concerned –

Judah Baker S.S.
Signed sealed published + declared by the above named Judah Baker to be his Last Will + Testament in the presents of us who have hereunto subscribed our names as witnesses in the presents of the Testator + each other. –

Jacob P. Girard                      Enfield N.Y.
Abagail Girard                      Enfield N.Y.
Elizabeth Summers               Enfield N.Y.

Elizabeth Summers of the town of Enfield in the County of Tompkins being first duly sworn deposeth + saith that she was acquainted with the above mentioned Judah Baker deceased in his life time.  That the she saw the said Judah Baker deceased subscribe at the end thereof the instrument now shown to this deponent purporting to be the last Will + Testament of the said Judah Baker + above described that she heard the said Judah Baker declare the same to be his Last Will + Testament, that this deponent subscribed her name as a witness thereto in the presence + at the request of the said Judah Baker + of Moses Lovell Esquire in the presence + hearing of the said Judah Baker, that the said Judah Baker was at the time in the opinion + belief of this deponent of sound mind + memory + not under any restraint, + that he was about 70 years of age, that he died in or about the month of May in the year 1851 + was a resident of the Town of Enfield in the County of Tompkins at the time of his death –   Elizabeth Summers
Subscribed sworn + examined this 16th day of October 1851 before me
Alfred Wells County Judge

Abigail Girard of the town of Ithaca in the county of Tompkins being duly sworn, deposeth + saith, that she was acquainted with the above mentioned Judah Baker deceased in his life time, that she saw the said Judah Baker deceased subscribe at the end thereof the instrument now shown to this deponent purporting to be the last Will + Testament of the said Judah Baker + above described, that she heard the said Judah Baker declare the same to be his last Will + Testament, that this deponent subscribed her name as a witness thereto in the presence + at the request of the said Judah Baker, that the said Judah Baker was at the time in the opinion + belief of this deponent of sound mine + memory + not under any restraint + that he was about 70 or 80 years of age + was a resident of the Town of Enfield in the County of Tompkins at the time of  his death – Abigail Girard
Subscribed sworn + examined this 16th day of October 1857 before me
Alfred Wells County Judge

Moses Lovell of the Town of Enfield Tompkins County being first duly sworn deposes + says, I …. the instrument now shown to me purporting to be the last Will + Testament of Judah Baker deceased.  I was present at the time of its execution.  I told the said Judah Baker after he had signed his name that it was necessary for him to acknowledge the Will in the presence of the witnesses + ask them to sign it as witnesses.  I have examined the Will + can see no alterations in the Will + I think it is in the same condition now as at the time of its execution. – Moses Lovell
Subscribed sworn + examined this 16th day of October 1851 before me
Alfred Wells, County Judge

The foregoing proofs + examinations taken before me the County Judge aforesaid at the time + place above mentioned + the depositions of the respective witnesses sworn by them respectively subscribed after having been carefully read out to them.  And I the said County Judge being satisfied upon said proof taken that the said Will was duly executed, that the said Testator at the time of executing the same was in all respects competent to d[….?] real estate + not under restraint – do therefore allow the said Will proofs + examinations to be recorded – Witness Alfred Wells County Judge aforesaid the day + year first aforesaid –
Alfred Wells County Judge –

And the said Moses Lovell having taken + subscribed the oath required by law.  It is ordered, pursuant to the directions of said Will that Letters testamentary issue to heirs –
Alfred Wells County Judge –

I hereby certify that the foregoing is a true record of the original Will of Judah Baker deceased + of the original proofs + other proceedings relating to the decree - Alfred Wells County Judge

Will donated by Bonnie Stout. Thank you, Bonnie!

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