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This is the Last Will and Testament of me Abraham BAKER of Wareham in the County of Dorset Chinaman(1) which I make as follows that is to say
First: I direct
that all my just debts and funeral and testamentary expenses be paid and discharged by my executors hereafter named
I give: and bequeath to my wife Mary BAKER for her own absolute use and disposal all my stock in trade of every description together with all my then household furniture linen and wearing apparel plate china glass books ornaments and pictures
I also give: devise and bequeath unto my brothers John BAKER of Millbrook near Southampton and Robert BAKER of Blandford in the said County of Dorset Chinaman(1) their heirs executors administrators and assigns all that piece or parcel of freehold arable land and premises situate at Cheslynhay in Staffordshire now in the occupation of James BAKER
also: all that small piece of freehold land situate near the common at Wareham aforesaid now in the occupation of George HAYTER
And also: all those my several leasehold messuages or dwelling houses cottages gardens lands and premises situate in Wareham aforesaid and now in the occupations of myself and [Blank space] Baskett [Blank space] Churchill George Hordle(2) James Warren John Shepherd and Mrs Churchill Upon trust to permit and suffer authorise and fully empower her my said wife Mary BAKER and her assigns to receive and take the rents issues and profits of the same premises respectively for and during the term of her natural life and from and immediately after my said wife's decease then I direct my said trustees or trustee for the time being to sell and dispose of any said freehold and leasehold messuages cottages lands hereditaments and premises either together or in parcels by public auction or private contract subject to any special or other conditions as to evidence of title expenses compensation security for purchase money or otherwise howsoever with power to buy in or rescue or vary any contract relating to any such hereditaments and to resell the same and to be possessed of the produce of such sale or sales and in the meantime of the income from such hereditaments (which income as to all the said hereditaments as well freehold or leasehold I hereby empower them to receive after the decease of my said wife Upon trust for all and every my nephews and nieces children of any brothers and sisters as shall be living at the time of my decease their executors administrators and assigns equally to be divided between them share and share alike as tenants in common and not as joint tenants
All the rest residue and remainder of my real and personal estate monies securities for money
whether on bonds notes mortgages or otherwise chattels estate and effects of what nature or kind so ever not here before disposed of I Give devise and bequeath the same and every part thereof unto my said brothers John BAKER and Robert BAKER their heirs executors administrators and assigns Upon Trust to call in sell and
convert into money such part thereof as shall not consist of money and to invest the proceeds thereof with my ready money upon government parliamentary or real securities in England with power from time to time to vary such investments and to continue for such times as their or he shall think fit any part or parts of my personal estate upon such personal or other securities as shall be subsisting at my decease then Upon Trust to pay apply and dispose of the interest dividends income and proceeds of my said residuary estate and effects unto my said wife Mary BAKER or
permit and suffer authorise and empower her to receive the same for and during the term of her natural life and from and immediately after her decease then upon further trust to pay assign and transfer the sum of three hundred pounds sterling part of any said residuary estate and effects unto between and among my friends Jeremiah GASSER of Wimborne in the said County of Dorset
and James SPICER and John SPICER who are now living with me their executors administrators and assigns equally to be divided between them share and share alike as tenants in common and not as joint tenants and as to all the rest and residue of my said residuary estate and effects after payment of the said sum of three hundred pounds Upon Trust to pay assign and transfer the same unto between and amongst all and every my said nephews and nieces (children of my said brothers and sisters) as shall be living at the time of my decease
their executors administrators and assigns equally to be divided between them share and share alike as tenants in common
and not as joint tenants and it is my will that the receipts of my said trustees or trustee for the time being shall be a good discharge for all monies
which such receipt shall be expressed to be received and that all persons paying any monies
to my said trustees or trustee for the purposes of this my will and taking a receipt
from them or him accordingly shall not be obliged to see to the further application of the same monies not to be accountable for the misapplication thereof provided
always and I hereby declare that on the death refusal or incapacity to act of either of them my said brothers John BAKER and Robert BAKER or any trustee or trustees for
the time being of this my will or the executors or administrators of the last
acting trustee to appoint a new trustee or trustees in the place or stead of such trustees
dying refusing or becoming incapable to act aforesaid and that none of the
trustees appointed or to be appointed as aforesaid shall be answerable for the other of them or for the acts deeds or defaults of the other
of them nor for involuntary
loses nor for money received under receipts in which they shall join only for conformity and that every trustee and executor their heirs executors and administrators
shall and may reimburse themselves and each other out of the said trust proceeds or out of any monies that may come to their hands by virtue
of these presents all costs and expenses to be incurred by them in the execution of the tenets aforesaid or otherwise in relation thereto
And: I appoint my said brothers John BAKER and Robert BAKER Trustees and executors of this my Will
hereby revoking all other Wills by me at any time heretofore made and do declare this only to be my last Will and Testament
in witness whereof I the said Abraham BAKER to this my last will and testament contained in three sheets of paper
set my hand and seal that is to say my hand to the two preceding sheets and my hand and seal to this
third and last sheet the sixth day of December in the year of Our Lord one thousand eight hundred and forty seven --
Abraham BAKER Signed sealed and delivered published and declared by the said Abraham BAKER as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses the day and year above written
Joseph BAGGS wareham Dorset Inn holder
Joseph FOOKS wareham Dorset broker
Robt: D MARSHFIELD of Wareham Dorset attorney at law
Proved at London 25th April 1848 before the Judge by the oaths of John BAKER and Robert BAKER the brothers the executors to whom Admon was granted
having been first sworn by oath duly to administer
Genealogical Notes:-
(1). Chinaman, as in a man who sells China for a business or China dealer. Abraham BAKER is listed as a China & Glass dealer in Wareham in West Street in Kellys Directory for 1844.
(2). The name Hordle is not clear - It is the nearest I can get and may be correct as there are several George Hordles in trade directories of this date.
(3). Abraham BAKER died 1st quarter 1848 at Wareham - GRO ref 8/111. He is shown in the 1841 Census in Wareham Lady St Mary parish - as 56 years old (born circa 1785) not born in Dorset; a china dealer - also Mary BAKER (his wife see above will) also not born in Dorset and the same age; with them is Mary Gover an 18 year old female sevant; George Diffey a 23 year old male servant and two boys James SPICER age 10 and John SPICER age 6.
(4). Mary BAKER is in the 1851 Census living at West St, Wareham Lady St Mary parish:- Mary BAKER Head Widow age 64 (born circa 1787) China dealer born Staford Shropshire; James SPICER Nephew age 19 assistant born Dorset Wareham; John SPICER Nephew age 15 assistant born Dorset Wareham; + house servant
(5). Mary BAKER died on 18th Jan 1861. National Probate Register entry:- Mary BAKER Effects under £800 - Proved 5th March 1861. The Will of Mary BAKER late of Wareham in the County of Dorset Widow deceased who died 18th January 1861 at Wareham aforesaid was proved at the Principal Registry by the oaths of Jeremiah GASSER of Wimborne Minster and James SPICER of Wareham aforesaid dealer in Earthenware the Nephews the executors.
(6) Re witnesses:- there is a Joseph Hine BAGGS in Slaters Trade directory (1852) for Wareham who was the Innkeeper of the Antelope Hotel in West St: Also listed in West St is Joseph FOOKS a retailer of beer: Robert D MARSHFIELD Attorny. His widow Mary BAKER who is listed as still being a China and Glassware dealer. |