James Baker's will was probated in Orange Co., VA, 24 March 1742.
James died before 24 March 1742 when the Orange County, Virginia Court appointed Barnett McHenry guardian of "Saml Baker, Orphan of James Baker Deced" (Will Bk 1 Pg258). The Orange County Court on 24 Feb 1742/3 ordered that the Sheriff summon John Elswick to appear at next Court to answer the petition of Barnet McHenry and bring Samuel Baker, Wm Baker and James Baker, Orphans of James Baker Deced to Court with him he having illegally taken then in his Custody (Order Bk 1 Pg349). At the Orange County Court house on 25th of March 1743 an order was issued (Order Bk 3 Pg 406).It was a summons for John Elswick to appear at Court to answer the petition of Barnet McHenry. John Elswick was to bring to Court with him the Orphans of James Baker deceased which he illegaly detained in his Custody. John Elswick did not comply and on the 16th of May 1743 the Court issued another summons (Order Bk 3
Pg 445). The Court ordered John Elswick to appear to "Answer ye Complts of Barnet McHenry for detaining Samuel, William, & James Baker, orphans of James Baker deced."
This case over the custody of James Baker's children dragged out until 1744. John Elswick never appeared in court and it was finally settled out of court (Order Bk 4 Pg 68). As there is no mention of a widow it is probable that she proceeded James in
death. James was one of the earlier settlers in the area and the name he brought there still is maintained in the name of the town where he settled. The town of Baker is now in Hardy County, West Virginia.
James Baker and Mrs. James Baker had the following children:
+2i. Samuel2 Baker was born circa 1725.
+3ii. William Baker was born circa 1727.
4iii. James Baker was born in VA circa 1729.
http://www.genealogy.com/forum/surnames/topics/baker/4479/