Andrew Baker Sr. (abt. 1740 - bef. 1804)

Born about 1740 in Chester, Pennsylvania [uncertain]

Ancestors

Died before 18 Jun 1804 before about age 64 in Prince Edward, Virginia, United States

Problems/Questions Profile manager: Jenna Parker [send private message]

Biography

Andrew was born about 1740. He was the son of Douglas Baker and Jane Thompson. His will was dated January 3, 1804, and proven by June 18, 1804. The will reveals that he and Catherine had no offspring. Bequests were to a sisters, nieces, nephews and provisions for the purchase of "useful" books for "poor and pious" youths to the both the Buffalo congregation, and also a charitable fund of the Hanover Presbytery. This is probably the basis for the claim that he started the library for Hampden-Sydney Academy (later College). ^[1][2]

Research Notes

Prince Edward Orphan’s Accounts

These likely pertain to a nephew of Andrew named Joseph Baker.

• 11 Mar to 14 Aug 1773, Dr. Joseph Baker to Andrew Baker, goods, int on bonds on Douglas, Andrew pyb. 1 Aug 1776^[3]
• 20 Jan 1774, Joseph to Andrew Baker his guardian., balance due the guardian: £12/19/11-3/4, Peter LeGrand examined and approved; Feb Court 1775: Report of Andrew Baker, guardian to Joseph Baker returned and ordered recorded^[3]
• 16 Oct 1775, Joseph to Andrew his guardian: account settled by order of the court February Last: £12/19/11-3/4^[3]

Will

I Andrew Baker Sr. 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 other hereto fore 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 of 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 after named shall think his assist and necessary to her 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 thy 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 negroe woman Lucy remain with my loving wife for the support of her (Lucy's) children. So long as her labours shall 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 labour shall I support the children and it is my will that she shall be disposed of at the death of my wife in such 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 for the first year received 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 negroe children now a living and such as may come into existence before their mothers are emancipated, be bound out by my executors to learn some trade or profession whenever they shall think the children of sufficient age they taking care to demand and require of the persons to whom they bind them Bonds with satisfactory security and sufficient penalty to learn them their trade and to educated 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 part 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 secure 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 north western 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 year’s haire shall be reserved 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 to 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 appraisers 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 proceed 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 Mishaux, Joseph Mishaux & Daniel Mishouse and a judgement 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 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 Elliott 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 Shilleday and Andrew Baker son of Joseph Baker, £10 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 Buffaloe Congregation Library to them and their heirs forever.
I give and bequeath one mostly <?> of the judgement which I have obtained against George Booke and Joseph Metta __<?>_____ County Court of Prince Edward to fund the Buffaloe congregation one forth of the said judgement
I give to my loving wife and her heirs forever and the remaining forth forth I give to the session of the Buffalow Congregation and their successors to be applied to the purchasing of religious books , for the use of such poor youths as are unable to purchase for themselves.
It is my will an desire that the principal for the bonds but no part of the interest due me form Jessee Mishoux, Joseph Mishaux and Daniel Mishaux [sic] be by 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 chraritable 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 an the principal of the bond due April the first eighteen hundred and five to be given the said fund to be laid out by the managers there of in purchasing useful books to be distributed agreeable to the rules of the said fund amongst the poore,

I give and bequeath to my sister Easter Shillidaa [sic] and her children, to my sister Jane Armstrong and her children to my sister Matty Davison 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 devisees living at the time 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 a living,
I lend to my loving wife during her natural life all my land and at her death to be sold by my executors upon such terms as 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 Easter Shillidaiay 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 Bakers children and Samuel Bakers children after the same manner as the personal share already devised to them to have and to hold the same to them and their heirs forever.

It is my ardent wish and sincere desire that all differences in opinion (if any) which may arise respecting my will should may shall be bed 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 a fifth person to give the casting opinion which shall to all intent and purposes be as binding upon the contending parties as the decision of any court of record in this commonwealth or any court with in the limits of the mited 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 last 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.

Andrew Baker (seal)

Witnesses: E. Booker, John Morton, George P. Foster^[4]

Sources

1. ↑ Prince Edward Co., VA WB3:353-356
2. ↑ First-hand information as remembered by Jenna Parker, Thursday, April 23, 2015. Replace this citation if there is another source.
3. ↑ ^{3.0 3.1 3.2} Guardians' accounts, 1764-1920, Virginia. County Court (Prince Edward County), Genealogical Society of Utah, Salt Lake City, UT, 1950
   p. 50 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4X-MZ1N-L?i=37&cat=363152
   p. 54 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4X-MZ1F-P?i=39&cat=363152
   p. 62 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4X-MZ1X-1?i=43&cat=363152
4. ↑ Prince Edward Co., VA WB3:353-356