Person:David Baker (4)

[Stamps-Sites_TFS.FTW]

ID: I51

 Name: David BAKER 
 RFN: 51 
 Change Date: 27 JAN 2003 
 Sex: M 
 Birth: 7 SEP 1798 in Lincoln Co., NC, now Catawba 
 Death: 27 DEC 1874 in Newton, Catawba Co., NC 
 Note: 

     David and Sarah Van Horn Baker are buried in the Baker Cemetery
     on private land off of Highway 10, behind the J Ceramics and Crafts
     Center. We have a copy of his will, which is on file in book 2, page
     120, Catawba County Courthouse, transcribed as follows:
     Will of David BAKER - Died in 1874 Will Book 2, p. 120, Catawba
     Co., NC
     I, David Baker of the County of Catawba and State of North Carolina,
     being of sound mind and memory and considering the uncertainty of my
     earthly existence do make and declare this my last will and testament
     in the manner and form following.
     First- That my executors hereinafter named provide for my body a
     decent Christian burial.
     Item 1st It is my will that each one of my dear children namely Henry,
     Jones, Adline (who married Cephas Roderick) Eliza Cline (wife of
     Daniel Cline), Jane Mosteller (wife of Lawson Mosteller) Louisa Sides
     (wife of Luther Sides) Caroline Abernethy share equally in the
     division of my estate.
     Item 2nd It is my will that my youngest child Calvin who is not
     included in item first, have my home tract of land including the
     dwelling house wherein I now reside & containing about 500 acres
     after the death of my beloved wife Sarah.
     Item 3rd It is my will that my son Calvin after the death of my
     beloved wife Sarah have all the horses, sheep, hogs cattle & mules on
     hand at that time. It is further my will that my son Calvin live with
     his mother and contribute all within his power to make her comfortable
     & happy in her old age and solitude.
     Item 4th It is my will in the event my son Calvin should marry, and
     it should so happen that my son's wife and his mother my own dear wife
     cannot live together in peace and harmony that my son Calvin shall
     build him a house on the said home tract near by or convenient to his
     mother and cultivate said land or as much thereof as will be necessary
     for the support of himself and mother during her lifetime.
     Item 5th It is my will that my son Calvin shall have control & manage
     the farm, and provide for his mother an adequate support during her
     life; it is further my will if any emergency whatever should arise as
     to lead to the result or event mentioned in item four of this my will
     and testament that my son Calvin shall have the following articles of
     personal property, one half of the household and kitchen furniture,
     the corner cupboard, one bed, desk, cutting box, grindstone and saws,
     my rifle gun, the farming tools including scythe & cradles, windmills,
     blacksmith tools, one clock, one half the cattle, horses,
     mules, wagon, buggy and gear, provided he remains on the place and
     supports his mother.
     Item 6th It is my will that my beloved wife Sarah, shall have the
     home place during her natural life, and at her death to be my son
     Calvin's absolutely and in fee simple, forever, and in the event my
     wife should marry I desire that the home tract of land be so divided
     between her and my son Calvin if he should so desire as to give him a
     home & land enough to make him decent support and it is my will that
     the personal property be equally divided between them upon her
     marriage if my son Calvin should so desire it.
     Item 7th. It is my will that my wife Sarah have the following
     articles of personal property on hand at my death to wit: One half of
     the horses, sheep, cattle, hogs & all the provisions on hand, all the
     household and kitchen furniture, the farming implements subject to the
     conditions in items 4 & 6 of this my last will and testament.
     Item 8th It is my will that my executors sell at public sale all the
     personal Property of any kind whatever on hand at my death not herein
     disposed of including one half of my cattle hogs and other effects not
     mentioned except my horses and mules, it is also my will that they
     shall sell my Wilfong tract of land in Catawba County lying on Jacob's
     Fork, and also the Hawn home tract lying on ?Reafs? Creek in the
     same county.
     Item 9th It is my will that the proceeds of the above sale together
     with all my notes and accounts and all other evidences of
     indebtedness due me be equally divided between my seven children
     named in item 1st of this my last will and testament, allowing my
     executors to retain an amount sufficient to pay the expenses incident
     to the settlement of my estate & also a reasonable commission for their
     services as such.
     Item 10th It is my will that the note which I hold against my son
     Henry shall be credited with the amount due him from my estate, should
     the said amount not exceed his note and in the event his interest in
     my estate is less than the value of the note against him the note
     shall be credited to the amount of his interest or share and the
     balance he shall not be required to pay within two years after my
     death.
     Item 11th. It is my will that the above provisions shall apply to the
     note which I hold against my son Jones, it is also my will that my
     sons Henry and Jones Baker shall act as my executors in carrying out
     the provisions of this my last will and testament and hereby appointed
     them as such. In witness whereof I have set my hand and seal this
     day of 1871.
     David Baker his mark
     We Eli A. Warlick & M. L. Cline, hereby subscribed our names as
     witnesses to the execution of the foregoing will at the request and
     in the presence of David Baker - Signed this 6th day of February,
     1872.
     M. L. Cline
     E. A. Warlick
     Probate Court
     The execution of the foregoing paper writing was this the 31st day of
     Dec., 1874 duly proved to be the last will and testament of David
     Baker by the oath and examination of M. L. Cline, a subscribing
     witness thereto and it appearing to the court that E. A. Warlick the
     other witness is dead his signature is duly proved by the oath and
     examination of S. M. Finger who declares that he believes the above to
     be genuine signature of said E. A. Warlick. Admitted to Probate and
     ordered to be recorded.
     M. O. Sherrill
     Judge of Probate
     In the matter of the Will of David Baker Before M. O. Sherrill, Judge
     of Probate D. J. Baker & Henry Baker, being sworn, doth say that
     David Baker, late of said County, is dead, having first made and
     published this last will and testament; and that they D. J. Baker &
     Henry Baker, are the executors named therein. Further, that the
     property of the said David Baker consisting of land, stock, notes,
     household & kitchen  furniture & is worth about $3000.00 as far as
     can be ascertained at the date of this application, and that the widow
     Sarah, Henry, D. J., Calvin Baker and Caroline Abernethy, Eliza Cline,
     Adline Roderick, Jane Mosteller & Belza J. Sides - are the parties
     entitled under said will to the said property.
     Sworn to and subscribed D. J. Baker
     Before me this 31st day Henry Baker
     Of Dec. 1874
     M. O. Sherrill
     Probate Judge

 Change Date: 15 NOV 1995 
 Note: 

     David had six children by his first wife, Sarah Van Horn. They
     were John, Caroline, Eliza, Adaline, Henry, and [BO:David Jones:BO].
     By his second wife, Sarah Abernathy, he had Calvin, Jane, and Belzie.
     His personal property consisted of farming tools, blacksmith tools,
     and livestock, so that is apparently how he made his living. His name
     appears in 1819 as a member of the patrols of Capt. Henry W.
     Robinson to serve one year, going out one night every three
     weeks as a keeper of the peace. These hometown militia were
     called "paddy whackers."

1. ↑ Stamps-Sites TFS.FTW.

   Date of Import: May 13, 2004

2. ↑ Stamps-Sites TFS.FTW.

   Date of Import: May 13, 2004

3. ↑ Stamps-Sites TFS.FTW.

   Date of Import: May 13, 2004

4. ↑ Stamps-Sites TFS.FTW.

   Date of Import: May 13, 2004