Will of John Baker
Born 3 Jan 1785, NC - Died 1 Oct 1854, Jackson Co FL
Christian McNeil Baker, wife
Born 20 Feb 1789, Scotland - Died 12 Oct 1856, Jackson Co FL
Their graves are the oldest known at Cow Pen Cemetery, Jackson Co FL
They came to the Dellwood, FL area in 1825 from Cumberland County,
NC
Wayne N Carpenter e-mail wnc1933@email.msn.com
Go to Estate of John Baker Acct. Sales
Go to Carpenter Family History
Some of the names in John Baker
will:
Evan S Hamilton, Justice of the Peace, Jackson Co FL. He and his family
came to Jackson Co FL March 1850. In 1854 he purchased 240 acres of land
about 8 miles northof Sneads, FL and east of River Road. He paid $.25 an
acre.
Miller Stephens - son-in-law of John Baker
Mary Jane Baker Stephens - Daughter of John & Christian Baker - buried at Cow Pen Cemetery
Matthew Grimsley - My Great Grand Father, when he was in his 80's he had a young wife and raising his second large family. I have not found Matthew Grimsley burial spot yet. His 2nd wife and son are in Dykes Cemetery.
Zeckliedge Johnson - My Great Uncle married Frances Carpenter
State of Florida
Jackson County
I, John W Pooser, Clerk of the Circuit Court in and for said county, do hereby
certify, that the wiriten is a true transcript of the judgement rendered
in the case therein named, as taken from the records of my office.
Given under my hand Seal of Office at Marianna, this 12th day of July A.D.
1859
John W Pooser, Clerk
John Baker Intestate
Record from the Circuit Court
March 24, 1860
(R S Dickson?) Judge
Elizabeth Carpenter
vs
Petition to Revoke probate
of Will
Miller Stephens Executor
of John Baker, dec.
And now on this day came the Petitioner by her Attorney, and the Defendant though solemnly called came not, and it appearing from the Record in this case, that it has been duly certified to this court by the Judge of Probate of Jackson County, according to the provisions of the act of the Legislature of the 8th Jany AD 1853, an ifree was made up by the Court to try the validity of the will, and thereupon came a Jury of good lawful men, to-wit: Thomas R Collins, Charlton N Barkley, Toliver Fair, George H Bullock, James E Dering, William A Boon, William H Harvey, Samuel Gammon, Asberry Sellers, James Wilcox, Richard Barnes & John Chason, who being sworn to try the issue so made up by the Court, after having heard the evidence and the charge of the Court, after having heard the evidence and the charge of the Court, retired to consider of their verdict and afterward came into Court & returned the following verdict, to-wit; "We the jury find the will not valid, and in favor of the petitioner," It is therefore ordered by the Court that the judgement of the Probate Court revoking the probate of the last will and testament of John Baker, dec., be in all things confirmed, and that the probate stand revoked. It is therefore ordered that the judgement of this Court herein, be certified to the Honorable Judge of Probate of Jackson County, so that he may take proceedings therein as the law directs, & that the costs of this proceedings be taxed against the Petitioner.
State of Florida Jackson County,
15th of Jan? 1858
We the Commissoners, William E Fulgham, Asberry Sellers & Charles Sims have this day set apart a years allowance out of the estate of John Baker dec. --- For the support of the widow, Christian Baker.
| Item | ???? | 1st | Eight hundred lbs of pork |
| " | " | 2 | twenty-four bushels of corn |
| " | " | 3 | one barrel of flour |
| " | " | 4 | forty lbs of lard |
| " | " | 5 | one sack of salt |
| " | " | 6 | fifty lbs of coffee |
| " | " | 7 | seventy five lbs of sugar |
| " | " | 8 | two gallons of vinegar |
| " | " | 9 | two lbs of pepper |
| " | " | 10 | one lb of spice |
| " | " | 11 | one lb of ginger |
William E Fulgham, Commissoners
Asberry Sellers
Charles Sims
Estate of
John Baker, dec.
Petation of E S Hamilton
on ???? of ?????
filed March 24 AD 1860
Book E Folio 2829
March 26 AD 1860
R S Dickson, Judge
Probate Court
Jackson County, Florida
March 24, 1860
Having read and maturely? consider the forgoing Petition of E S Hamilton.
It is ordered adjudged & douny? that maker of petition be granted
upon his entering into bond in the sum of Eight-hundred dollars.
R S Dickson, Judge of Probate
To the honorable the Judge of Probate of Jackson County, FLorida
Your petitioner would express unto you never that John Baker died in this county more than two years since leaving divers goods and chattels rights and credits within said county and left surviving Christian Baker, his wife, Isabella Carpenter & Mary Stephens and all being twenty-one years of age at the time of his death he made an instrument in writing for posting to be a will and Miller Stephens was qualified as excutor, but after petition the will was sent to the Circuit Court for reading and by that Court declared null and void a copy of the judgement is now in your Court filed. In the mean time your petitioner was approved as temporary administration of estate.
Your petitioner now presents another will which he believes to be the true last will and testatment of deceased John Baker and asks that he may be appointed administrater of said John Baker estate with the will annexer. George Robinson as the executor names on said will knowing confused and neg??? to qualify.
Your petitioner made advertisment for six months in the Marianna Patriot, a newspaper published in Jackson County, making known his intention to make this his application, All of which is respectfully submitted.
State of Florida
Jackson County
Before me Robert S Dickson, Judge of Probate in and for said county personally
came Evan S Hamilton and being duly sworn upon his oaths say that he believes
the foregoing writing in the last will testament of John Baker deceased to
be the true last will testament of said deceased.
Sworn to amd subscribed
before me this the 26th day of March 1860
R S Dickson, Judge of Probate
State of Florida, Before me Robert S Dickson, Judge of Probate in and for County of Jackson, for said county, came Allen H Bush, being by me sworn saith that the same John Baker (seal?) and desire the within on foregoing ???? as and for his last will and testament, that as the time of ? ? the said testator was over the age of twenty-one years ? ?, ? ? T R Evans, H A Conley and their ? was in his presence at the time of his ? Ira ? ?, T R Evans, H A Conley, ? ? ? ? sence of each other and in the presence of said John Baker.
A H Bush
Sworn to and submitted? before ????? ???? ???
AD 1860
R S Dickson, Judge of Probate
Probate Office, Jackson County, Florida
March 24 AD 1860
The foregoing will of John Baker deceased, having been duly proven the same
is hereby approved and allowed and it is ordered that the same ? be recorded
and in filed in this office letters of administration is to Evan S Hamilton
with the will annexes.
R S Dickson
Judge of Probate
In the name of God Amen!
I , John Baker being of sound and disposing? mind and memory do hereby make
public and and declare this my last will and testament.
First - It is my will that are my just debts be paid.
Secondly - I give and bequeath unto my wife Christian Baker all my property
of every name kind and description whatsoever to be absolutely her property
from and immediately after my death.
Thirdly - I appoint George Robinson, Executor of this my last will and testament,
hereby revoking, annulling, and declaring null and void, any and all wills
by me at any time heretofore made.
In witness where of I hereto set my hand and affix my seal this the ninth
day of August AD 1842.
(signed) John Baker (seal)
Signed sealed and published and declared
by the testor as his last will and testament
and by us suscribed as witnesses
at the request of the testater, and in his
presence?, and the presence of each other
Frances Raley?
H A Conley?
Allen H Bush
State of Florida
County of Jackson
Know all men by their presents that we Evan S Hamilton & Asberry Sellers
& James A Simmons? are held our firmly bound unto Madison S Perry, the
Governor of the Sate and his successors in office in the just and full sum
of eight hundred dollars for the payment of which well and truly to be made
we bind ourselves ,our heirs, executors and administrators jointly and severally
frimly by these presents signed with our hand and seals this 23 day of December
AD 1857.
The Condition of the foregoing obligations is such that if the above bound Evan S Hamilton as curator of all and singular, the goods, chattles, rights and credits of John Baker deceased, do make on cause to be made a true and pefect inventory of all and singular the goods chattels rights and credits of the said deceased which have or shall come to the hand possession or knowledge of him, the said Evan S Hamilton or into the hands of any person or persons for him and the ? be made do cause to be filed in the office of the Judge of Probate of Jackson County at or before the expiration of two months next ensuing, and all the goods, chattels, rights and credits of said deceased as the time of the death of said deceased which have time after shall come to hand or possession of said curai shall keep and take care of until an administrator of said estate shall be appointed then if the said Evan S Hamilton do render and deliver his said letters of curatorship. then this obligation to be void and of no effort otherwise to remain in full force & virture.
E S Hamilton (seal)
Asberry Sellers (seal)
James A Simmons? Gammons (seal)
Approved Dec 26th 1857
R S Dickson, Judge of Probate
State of Florida
County of Jackson
Before me Robert S Dickson, Judge of Probate, personally came Miller Stephens,
Executor named in the last will and testament of John Baker deceased and
being by me duly sworn says that he will well? and timely excecute the last
will and testament of said deceased will pay all of his debts so far as the
assets of the estate shall extend and the law? directs? and will render a
true account of his administration when thereto ??????.
Miller (his mark"X") Stephens
Sworn to and prescribes
Before me this November 6th AD 1857
Robert S Dickson, Judge of Probate
State of Florida
Jackson County
Know all Men by these Presents,
That we Evan S Hamilton, Harrison Hare & Richard Hodges of the County
of Jackson, State of Florida, are held and firmly bound unto Madison S Perry,
the Govenor of Florida and his successors .....eight-hundred dollars......signed
24th day of March AD 1860 and in the 84 year of Independance of the Unites
States of America.
The Condition of the Foregoing Obligation is Such.
That if the above bound Evan S Hamilton, adminstrator with will annexer?
of all and singular, goods, chattels, rights and credits of .....
John Baker deceased ........
knowledge of him? the said Evan S Hamilton .......
for him?... ....
Expiration of two months.....
Evan S Hamilton......
E S Hamilton (L.S.)
Harrison Hare (L.S.)
Richard Hodges (his mark "X") (L.S.)
Witness:
Zachariah Hamilton
John Edwards (his mark "X")
Approved by me March 24th 1860
R S Dickson, Judge of Probate
{same as above except for witness)
Now know ye that I, Robert S Dickson, Judge of Probate of Jackson County have appointed William E Fulgham, Asberry Sellers and Charles Sims comissioners and you are hereby commanded to set aside to Christian Baker one year provisions for herself and family out of the Estate of John Baker her late husband deceased on whom Estate E S Hamilton is curator and all of your actings & doing you will make report to the Judge of Probate of Jackson County as on before the expiration of two months next ensuring I have them & there.
Given unto my hand and seal of office this 14th day of January AD 1858
Robert S Dickson, Judge of Probate
*************
State of Florida,
Jackson County
Before me personally came William E Fulgham, Asberry Sellers & Charles
Sims and being by me sworn S. Hamilton, Justice of the Peace, Say that they
will well & justly set aside to Christian Baker one year provisions for
herself and family out of the estate of John Baker deceased. Report same
to Judge of Probate of Jackson County.
(signed)
William E Fulgham
Asberry Sellers
Charles Sims
Sworn to and subscribed
before me this 15 day of January AD 1858
E S Hamilton (seal)
Justice of the Peace
In the name of the State of Florida,
To all to whom these presents shall come ... Greeting
Whereas the power of appointing appraisers to view appraise and make Inventory
of th eeffects of deceased persons to this court apprestains.
Now know ye that I, Robert S Dickson, Judge of Probate have apponited you Charles Sims, Jesse Crowell? and William S Jones appraisers to view appraise and make inventory of all singular, the goods, chattels, rights and credits of John Baker deceased.....
30th day of December AD 1857
Robert S Dickson, Judge of Probate
***********
Before me personally came Charles Sims, Benj Spooner & Wm S Jones and being duly sworn say that they will well and truely view appraise and make inventory of personal property of John Baker deceased which to them shall be provided by Evan S Hamilton, curator....
(signed)
Charles Sims
Benj Spooner
Wm S Jones
1857
State of Florida
Jackson County
Before me Robert S Dickson, Judge of Probate in and for said county personally
came Evan S hamilton and being duly sworn says that he will well and
truely excute the last will and testment of John Baker deceased, will pay
all of his just debts as far as the assets of the estate shall extend and
the law directs and will under a time account of his administration when
required.
E S Hamilton
Sworn to amd subscribed before
me this March 24th AD 1860
R S Dickson, Judge of Probate
To the Honor R S Dickson, Judge of Probate of Jackson County, Florida
Your petitioner would request unto the court that the estate of John Baker deceased is now without and pension to represent it or take care of the effects of said estate. The exceutor named in the ??? will and testament of said deceased having been restrained? from futher proceding, upon the said estate by petition of Wm Carpenter as will more fully appears by the ????? of your office. Your petitioner therefore prays that he may be appointed excutor of said estate.
E S Hamilton
**************
Probate office of Jackson County, Florida
December 23th? 1857
Having read and considered the foregoing petition. It is ordered tht prayer
of petition be granted upon his entering into bond in the sum of eight hundred
dollars.
And that Charles Sims, Jesse Crowell and Wm S Jones are hereby appointed
appraisers of said estate.
R S Dickson, Judge of Probate
To the Honor R S Dickson, Judge of Probate of Jackson County.
Your petitioner would state to the court that she is the widow of John Baker
late of Jackson County and that she has not had her years allowance of
provisionsset aside to her & family.
She prays that the same may be done & that there decent persons may be
appointed as the law direct for that purpose.
And as in duly ?????? she will ever pray.
(signed)
Christian Baker (her mark "X")
*************
Probate Office
Jackson County
January 14th 1858
Having read the forgoing this order that prayer of petitioner be granted
and that William E Fulgham, Asberry Sellers & Sharles Sims are hereby
appointed commissoners.
R S Dickson
Judge of Probate
State of Florida
County of Jackson
Before me Robert S Dickson, Judge of Probate, personally came Evan S Hamilton
who being duly sworn saith that he will well and truly perform as the in
the duties of curator of excutor of the estate of John Baker late of said
county deceased that is within the county aforesaid thta he will keep and
tke care of the property of said Estate selling perishable property of said
estate according to law & make a true report to the Judge of Probate
of said county where thereto ????? by ?????? of the said Judge of Probate
of Jackson County.
(signed)
E S Hamilton
Sworn to & subscribed to
by me this 26th Dec 1857?
R S Dickson, Judge of Probate
Petetion to evoke Probate of Will.
And on won this day came the petitioner, her attorney and the defendant though
solemly called came not, (line maked through)
And it apperaing from ?? ????? in the case, that ?? had him duly certified to this cannot by him Judge of Probate of Jackson County according to the ????? of the act ??? ??? ??? legislation of this 8th day 1853, ???? was made up by the court to try ??? valadate? of ??? ???? and thereupon came a pray of good ???? men, to work?
Who being ???? and sworn to try ?????? so made up by this court after having heard ???? ?????/ and the charhe of the court, ????/ to ??????? of these ???? said afterwards came unto court and ???? ??? following ??????, to wit, we the jury find the will was not valid and in favor? of? the petitioner. It is therefore comanded by the court that the judgement of the Probate Court revoking the probate of the last will and testment of John Baker dec., be? in all things conf????? and ???? the probate thereof ??? revoked??
It is ????? ordered ??? ??? ?? of this court he???? be certified? to ??? ?????
The Judge of Probate of Jackson County that he make take such proceedings therein as ??? can direct.
The Petition of Isabel Carpenter daughter of John Baker deceased, respectfully petitions the Honorable Robert Dickson, Judge of Probate, in for said county to revoke the probate of the will of said John Baker, admitted? to probate on the sixth day of November last, and to set will aside and declare it null and void, on the following grounds.
First, That said John Baker was ignorant? of the contnts of said will, when he signed it.
Second, That ??? hapen on ??? ????? ment of writing, proporting? to be his? will & ????? to probate at the ofore said ?????, way not & is not his will, was never read to, or understood, by ?????? and at the ???? ????? have been excuted, he had not a ?????? ??????? it was ??? af????of ???? a will, had not ??? ???? for the purpose.
And ???? (upon) the above grounds, ??? ???, prays, the probate may be revoked and the will declared null & void.
??? that his Honorable Court will grant such fathet ???? ?? may be nessary? to protect the ????? of ??? lawful heirs of said John Baker & ????, will ever pray ????
I Carpenter, petitioner
(signed)
Miller Stephens (his mark "X")
executer of John Baker dec'
Judge of Probate
R S Dickson
***********
At Chambers of Probate Office Jackson County, Florida Dec 12 1887
Having read the foregoing petition & heard the evidence of petition in hte matter of Petition of Isabel Carpenter, It is ordered thta the said will of John Baker deceased be filed in the office of the clerk of the Circuit Cout that?? Letters testamoney therein be revoked.
R S Dickson
Judge of Probate
Mrs Isabella Carpenter
vs
ex of John Baker dec'
Zeelcledge? Johnson
Being duly sworn says that he knew John Baker dec' in his life time that
he signed teh will ex???? to him the last will and testament in of said Baker
dec' as a ????? ???? did not hear the will read to said Baker. The
will was wrote in another house and not in presance? of said Baker &
carried to ???? Baker but not then read. Nor does he believe the said was
read. When the will was ?????? Mr Baker, Wm Pooser who wrote the will remarked?
to deceased that it is ready. John Baker died and was? ??????? witness to
sign the same, but did ??? (can't read a whole line here)
Wm A Swann? in his presence ??? did not call Swann name? but look?? him?
swann in the face andsaid he wished him to sign it.
(signed)
Zeekledge Johnson (his mark "X")
Sworn to and subscribed?
before me December 12 1857
Robert S Dickson
Judge of Probate
At Chambers of Probate Office Jackson County, Florida Dec 12 1857
In the matter of petition of
???? Isabella Carpenter
vs
Executor of John Baker dec'
To contest valititly of last will and testament of John Baker
William H Swann being duly sworn says though he knew Jno Baker dec' ???? signed the last will and testament and saw him sign the will purporting to be his will now in the Probate Office but did not hear the will read to said Baker that the said will was wrote in another house carried to the said Baker dec' but was not read & assisted by Jno W Pooser signed the same. Witness does not believe that Baker dec' was able to sign it by himself.
(signed)
William H Swann
Sworn to and subscribed?
before me December 12 1857
Robert S Dickson
Judge of Probate
Estate of John Baker Acct. Sales
Filed and recorded
in Book E on
Page 13???
R S Dickson Judge
I certify the forgoing to be true.
E S Hamilton
file 38
*****************************
Account Sales of Personal Property belonging to Estate of John Baker dec' sold by E S Hamilton excutor on a circuit? will Jan 1859. William S Jones, A?? Clearke?
I certify that the foregoing is a true apos? Sales of said propert - 23 Jan 1858. E S Hamilton
Go to Estate of John Baker Acct. Sales
Go to Jackson Co FL USGenWeb Project
Web page by
Betty James Smith
15 Jan 2001