1804 - Baker to Big Tom, et al - Prince Edward Co, VA
Manumission Item Data Item Type Metadata
Date
06/18/1804
Manumitter
Manumitted
Number of Persons
5
Text of Freedom Document
I Andrew Baker Sen’r of Prince Edward County and State of Virginia being of sound mind and viewing the certainty of death and the uncertainty of life, have thought proper to make and publish this my last will and testament, revoking all others heretofore made by me. I will that all my just debts be punctually paid previous to a distribution of my estate. I give and bequeath to my loving wife my negroes Polly, and her child Jim, Isham, Daniel, Jesse, young Tom and Sally to her and her heirs forever. It is my will and desire that my wife be permitted to keep big Tom in her possession to aid and assist her in the management of her plantation and other affairs so long as she or my executors herein named shall think to assist and necessary to the ease and comfort provided that he shall not remain with her longer than ten years, at which time or whenever he shall be taken out of the possession of my wife it is my will that he be emancipated and for his services which in the possession of my wife it is my desire, that he receive a reasonable compensation to be judged of by my executors and by them paid out of any money which shall come to their hands.
My will is that my negroes Jack and Moses be hired out by my executors from year to year, for and during the term of six years, that they be permitted to choose the person to whom they will be hired, provided it can be done with convenience to all parties and that they be given by my executors one third of their yearly hire and at the end of six years my will is that they be liberated or emancipated.
My will and desire is that my negro woman Lucy remain with my loving wife for the support of her (Lucy’s) children, so long as her labours shall be deemed necessary toward maintaining them and if they should be found in sufficient for the support of the children she now has or may hereafter have, it is my desire that a sum of money be given by my executors which with her labor shall support the children, and it is my will that she shall be disposed of at the death of my wife in such a manner as she thinks best suited to Lucy’s happiness and past conduct.
I will and desire that Suky and Sam be hired out by my executors from year to year for four years, that they be permitted to name the persons to whom they wish to be hired if practicable, and the first year receive one third of the sum for which they are hired, and one half for the remaining three years and then to be emancipated.
My will and desire is that all my negro children now living and such as may come into existence before they or others are emancipated be bound out by my executors to learn some trade or passion whenever they shall think the children of sufficient age they taking care to demand and receive of the person to whom they bind them bonds with satisfactory security in a sufficient penalty to learn them their trade and to educate them so far as will enable them to read distinctly and well at the age of twenty one years at which time they are to be emancipated by my executors, but if it should so happen that any past or all of the negroes intended to be emancipated by will are not or cannot from any cause whatever then and in either case my desire is that they be at liberty to choose whether they will after their respective term herein before named consent to be hired out from year to year and receive the whole of their hire except so much as shall be found necessary to pay the necessary expenses and trouble attending them or whether they be sent to the Northwestern Territory, where they will be entitled by law to that freedom to which they are entitled by nature and if they make the latter election, one years hire shall be named by my executors for the purpose of defraying their expense to that country.
My will and desire is that as soon after my death as the state of my crop will permit my personal estate be appraised except my negroes by four intelligent and respectable persons to be chosen by my executors without the interference of court. And in case the appraisement cannot agree they are to choose a fifth person and a majority of them to decide all disputes after the appraisement has been made, it is my wish that my loving wife decide to choose out one half of the property agreeable to its appraised evaluation, as also one half of all cash and bonds which may be on hand (those due me from Jesse Michaux, Joseph Michaux & Daniel Michaux and a judgment against George Booker excepted) which said property so chosen I give to her and her heirs forever the remaining part of the property I will to be sold (except a bed and furniture) at public sale allowing a credit of two years for all sums above ten dollars the purchasers giving bond with approved security to bear interest from the date if not punctually paid and for all sums of ten dollars and under a credit of twelve months to be allowed on the purchasers giving bond and security as above. I give and bequeath to my niece Katy baker a feather bed and a sufficient quantity of furniture and all my interest in a negro man Jim now in the possession of her brother Elliot Baker to have and enjoy them for and during her natural life and at her death I give them to my wife and her heirs forever. I give and bequeath to my nephews Andrew Baker [?Shilladay?] and Andrew Baker son of Joseph Baker ten pounds each to be paid them previous to a general distribution of my personal estate or the money arising from the sale thereof. I give and bequeath to my loving wife my brother Samuel’s children and my nephew Elliott Baker all my right and interest unto three shares in the Buffalow Congregation Library to them and their heirs forever. I give and bequeath one moiety of the judgment which I have obtained against George Booker and Joseph Milton [illegible] county court of Prince Edward to the fund of the Buffalow Congregation, one fourth of the judgment I give to my loving wife and her heirs forever, and the remaining fourth I give to the session of the Buffalow Congregation and their successors to be applied to the purchasing religious books for the use of such poor youths as are unable to purchase for themselves. It is my will and desire that the principal of the bonds but no part of the interest due me from Jesse Michaux, Joseph Michaux and Daniel Michaux be my executors applied in the following manner to wit, that the principal of the bond due the first day of April eighteen hundred and three be given to the charitable fund proposed to be raised by the Presbytery of Hanover and by the managers thereof applied to the educating poor and pious youth that the principal of the bond due 1804 be given to the fund last aforesaid and by the managers thereof applied to the support of missionaries and the principal of the bond due April the first eighteen hundred and five be given the said fund to be paid out by the managers thereof in purchasing useful books to be distributed agreeable to the rules of the said fund amongst the poor, I give and bequeath to my sister Esther Shilladay and her children, to my sister Jane Armstrong and her children, to my sister Matty Davidson and her children, to my brother Samuel Bakers children, to my brother Dugg Bakers children and to my brother Joseph Baker and his children an equal part of all moneys arising from the sale of my personal estate not before bequeathed, also one equal part of all moneys and bonds on hand at the day of my death, and not otherwise disposed of my will and desire is that the children of my niece Jane Thompson daughter of my sister Shillidia receive that part of my estate to which their mother would be entitled from this will, provided she was alive on the day of my death, if any of my nephews or nieces should die leaving no issue it is my will that their portion shall be distributed among the devices living at the tine the division is made. But should they depart this life leaving issue alive, my will is that the children of the deceased have that portion which their parent would have taken if living, I lend to my loving wife during her natural life all my land, and at her death to be sold by my executors when such terms as shall to them appear most advantageous to those to whom the purchase money is to be given my will and desire is that the money arising from the sale of my land be given to my sister Esther Shilladay and her children to my sister Jane Armstrong and her children to my sister Matty Davidson and her children to my brother Joseph Baker and his children to my brother Duggy Baker’s children, and Samuel Baker’s children after the same manner as the personal estate already devised to them to have and to hold the same to them and their heirs forever. It is my ardent wish my sincere desire, that all difference in opinion (if any) which may arise respecting my will should may shall be decided in the following manner to wit, the contending parties shall choose each two intelligent and respectable persons no way interested who shall if possible agree but if they cannot then they shall call in a fifth person to give the casting opinion which shall to all intents and purposes be as binding upon the contending parties as the decision of any court of record in this Commonwealth or any court within the limits of the United States and lastly, I do hereby nominate and appoint my loving wife Executrix, Andrew Baker, John Baker, and William Baldwin or any one or more of them executors of this my will and testament in testimony whereof I have hereto set my hand and affixed my seal this third day of January 1804 and in the twenty eighth year of the Commonwealth.
Witness Andrew Baker (seal)
E. Booker
John Morton
George P. Foster
Samuel Mills
At a court held for Prince Edward County June the 18th 1804
This last will and testament of Andrew Baker Sen’r deceased was presented in court and proved by the oaths of John Morton and George P. Foster two of the witnesses thereto ordered that the same be recorded. (William Baldwin, one of the executors therein named in open court refuseth to take upon himself the burden of the execution thereof) and on the motion of Catharine Baker Executrix and Andrew Baker and John Baker the other executors therein named who with Samuel Baldwin and William Baldwin securities entered into and acknowledged their bond for that purpose in the penalty of six thousand pounds and conditioned according to law and took the oath required by law, certificate for obtaining a probate thereof in due form is granted them.
Teste, Ben Watkins D.C.
My will is that my negroes Jack and Moses be hired out by my executors from year to year, for and during the term of six years, that they be permitted to choose the person to whom they will be hired, provided it can be done with convenience to all parties and that they be given by my executors one third of their yearly hire and at the end of six years my will is that they be liberated or emancipated.
My will and desire is that my negro woman Lucy remain with my loving wife for the support of her (Lucy’s) children, so long as her labours shall be deemed necessary toward maintaining them and if they should be found in sufficient for the support of the children she now has or may hereafter have, it is my desire that a sum of money be given by my executors which with her labor shall support the children, and it is my will that she shall be disposed of at the death of my wife in such a manner as she thinks best suited to Lucy’s happiness and past conduct.
I will and desire that Suky and Sam be hired out by my executors from year to year for four years, that they be permitted to name the persons to whom they wish to be hired if practicable, and the first year receive one third of the sum for which they are hired, and one half for the remaining three years and then to be emancipated.
My will and desire is that all my negro children now living and such as may come into existence before they or others are emancipated be bound out by my executors to learn some trade or passion whenever they shall think the children of sufficient age they taking care to demand and receive of the person to whom they bind them bonds with satisfactory security in a sufficient penalty to learn them their trade and to educate them so far as will enable them to read distinctly and well at the age of twenty one years at which time they are to be emancipated by my executors, but if it should so happen that any past or all of the negroes intended to be emancipated by will are not or cannot from any cause whatever then and in either case my desire is that they be at liberty to choose whether they will after their respective term herein before named consent to be hired out from year to year and receive the whole of their hire except so much as shall be found necessary to pay the necessary expenses and trouble attending them or whether they be sent to the Northwestern Territory, where they will be entitled by law to that freedom to which they are entitled by nature and if they make the latter election, one years hire shall be named by my executors for the purpose of defraying their expense to that country.
My will and desire is that as soon after my death as the state of my crop will permit my personal estate be appraised except my negroes by four intelligent and respectable persons to be chosen by my executors without the interference of court. And in case the appraisement cannot agree they are to choose a fifth person and a majority of them to decide all disputes after the appraisement has been made, it is my wish that my loving wife decide to choose out one half of the property agreeable to its appraised evaluation, as also one half of all cash and bonds which may be on hand (those due me from Jesse Michaux, Joseph Michaux & Daniel Michaux and a judgment against George Booker excepted) which said property so chosen I give to her and her heirs forever the remaining part of the property I will to be sold (except a bed and furniture) at public sale allowing a credit of two years for all sums above ten dollars the purchasers giving bond with approved security to bear interest from the date if not punctually paid and for all sums of ten dollars and under a credit of twelve months to be allowed on the purchasers giving bond and security as above. I give and bequeath to my niece Katy baker a feather bed and a sufficient quantity of furniture and all my interest in a negro man Jim now in the possession of her brother Elliot Baker to have and enjoy them for and during her natural life and at her death I give them to my wife and her heirs forever. I give and bequeath to my nephews Andrew Baker [?Shilladay?] and Andrew Baker son of Joseph Baker ten pounds each to be paid them previous to a general distribution of my personal estate or the money arising from the sale thereof. I give and bequeath to my loving wife my brother Samuel’s children and my nephew Elliott Baker all my right and interest unto three shares in the Buffalow Congregation Library to them and their heirs forever. I give and bequeath one moiety of the judgment which I have obtained against George Booker and Joseph Milton [illegible] county court of Prince Edward to the fund of the Buffalow Congregation, one fourth of the judgment I give to my loving wife and her heirs forever, and the remaining fourth I give to the session of the Buffalow Congregation and their successors to be applied to the purchasing religious books for the use of such poor youths as are unable to purchase for themselves. It is my will and desire that the principal of the bonds but no part of the interest due me from Jesse Michaux, Joseph Michaux and Daniel Michaux be my executors applied in the following manner to wit, that the principal of the bond due the first day of April eighteen hundred and three be given to the charitable fund proposed to be raised by the Presbytery of Hanover and by the managers thereof applied to the educating poor and pious youth that the principal of the bond due 1804 be given to the fund last aforesaid and by the managers thereof applied to the support of missionaries and the principal of the bond due April the first eighteen hundred and five be given the said fund to be paid out by the managers thereof in purchasing useful books to be distributed agreeable to the rules of the said fund amongst the poor, I give and bequeath to my sister Esther Shilladay and her children, to my sister Jane Armstrong and her children, to my sister Matty Davidson and her children, to my brother Samuel Bakers children, to my brother Dugg Bakers children and to my brother Joseph Baker and his children an equal part of all moneys arising from the sale of my personal estate not before bequeathed, also one equal part of all moneys and bonds on hand at the day of my death, and not otherwise disposed of my will and desire is that the children of my niece Jane Thompson daughter of my sister Shillidia receive that part of my estate to which their mother would be entitled from this will, provided she was alive on the day of my death, if any of my nephews or nieces should die leaving no issue it is my will that their portion shall be distributed among the devices living at the tine the division is made. But should they depart this life leaving issue alive, my will is that the children of the deceased have that portion which their parent would have taken if living, I lend to my loving wife during her natural life all my land, and at her death to be sold by my executors when such terms as shall to them appear most advantageous to those to whom the purchase money is to be given my will and desire is that the money arising from the sale of my land be given to my sister Esther Shilladay and her children to my sister Jane Armstrong and her children to my sister Matty Davidson and her children to my brother Joseph Baker and his children to my brother Duggy Baker’s children, and Samuel Baker’s children after the same manner as the personal estate already devised to them to have and to hold the same to them and their heirs forever. It is my ardent wish my sincere desire, that all difference in opinion (if any) which may arise respecting my will should may shall be decided in the following manner to wit, the contending parties shall choose each two intelligent and respectable persons no way interested who shall if possible agree but if they cannot then they shall call in a fifth person to give the casting opinion which shall to all intents and purposes be as binding upon the contending parties as the decision of any court of record in this Commonwealth or any court within the limits of the United States and lastly, I do hereby nominate and appoint my loving wife Executrix, Andrew Baker, John Baker, and William Baldwin or any one or more of them executors of this my will and testament in testimony whereof I have hereto set my hand and affixed my seal this third day of January 1804 and in the twenty eighth year of the Commonwealth.
Witness Andrew Baker (seal)
E. Booker
John Morton
George P. Foster
Samuel Mills
At a court held for Prince Edward County June the 18th 1804
This last will and testament of Andrew Baker Sen’r deceased was presented in court and proved by the oaths of John Morton and George P. Foster two of the witnesses thereto ordered that the same be recorded. (William Baldwin, one of the executors therein named in open court refuseth to take upon himself the burden of the execution thereof) and on the motion of Catharine Baker Executrix and Andrew Baker and John Baker the other executors therein named who with Samuel Baldwin and William Baldwin securities entered into and acknowledged their bond for that purpose in the penalty of six thousand pounds and conditioned according to law and took the oath required by law, certificate for obtaining a probate thereof in due form is granted them.
Teste, Ben Watkins D.C.
Record Location
WB 3:353
Document Type
Last Will & Testament
Notes
Will references "all my negro children" to be emancipated at age 21; unclear if these are biological children or how many children this references.
Files
Collection
Citation
“1804 - Baker to Big Tom, et al - Prince Edward Co, VA,” Manumission Project, accessed February 12, 2025, https://manumissionproject.omeka.net/items/show/1859.