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Last Will and Testament of

Richard Baker - 1751

In the name of God Amen I Richard Baker of Ratcliffe in the Parish of Stepney in the County of Middlesex Ropemaker being of sound and disposing mind and understanding do make and publish this my Last Will and Testament in manner following Viz. It is my will and mind that all the just debts which I shall owe at my decease together with my funeral charges and probate of this my Last Will and Testament shall in the first place be only paid and satisfied by my executors hereinafter named and I do hereby subject and charge all my real and personal estates whatsoever with the payment thereof and subject thereunto and charged and chargeable therewith

I give and bequeath unto my loving wife Elizabeth Baker the sum of four thousand pounds if she shall carry on the trade or business of a ropemaker after my decease but if my said wife shall not carry on the said trade or business then it is my will and mind that my said executors or such of them as shall take upon them the execution of this my Last Will and Testament do and shall put and place out and invest the said sum of four thousand pounds in some Government security or securities and that they pay and apply all the dividends profits and increase thereof as they shall arise and grow payable unto and to the use of my said wife for and during her natural life if she shall so long continue a widow and unmarried

Also I give devise and bequeath unto my said wife for and during her natural life if she shall so long continue a widow and unmarried one annuity or yearly rent charge of five hundred pounds of lawful money of Great Britain clear of all deductions whatsoever to be issuing and payable out of and charged and chargeable upon my real estate whatsoever whereof I shall die seized to be paid to her at two half yearly payments Viz. at Lady Day and Michaelmas the first payment to be due at such of the said feasts as shall next happen after my decease with power of entry and distress for non payment thereof in case the same shall be unpaid by the space of forty days next after any of the said days whereon the same ought to be paid as aforesaid But it is my will and mind that the said annuity shall not be chargeable on or payable out of my said estate for or during any longer time than until my son Richard Baker shall attain the age of twenty one years and from and after he shall attain his said age of twenty one years then I do hereby subject and charge all my personal estate with the payment of the said annuity or yearly sum of five hundred pounds as above

I give and bequeath unto my said wife for and during her natural life all my copyhold messuages or dwelling houses and premises with the appurtenances situate in Ratcliffe aforesaid which I hold of the Manor of Stepney and have surrendered to the use of my Last Will and Testament and from and after her decease I give devise and bequeath the same unto my son Richard Baker and his heirs forever

Also I give and bequeath unto my said loving wife all the jewels silver plate linen household goods implements and utensils of household and china ware which shall be in my dwelling house at Ratcliffe aforesaid at the time of my decease together with my coach and the best pair of horses I shall die possessed of to and for her own use and benefit if she shall continue a widow and unmarried

Also I give and bequeath unto my said loving wife the use of my capital messuage called Ledisons in the Manor of Orsett in the County of Essex with the orchard and garden thereto belonging together with the use of all my jewels silver plate linen household goods implements and utensils of household and china ware which shall be therein at the time of my decease for and during the term of her natural life if she shall so long remain a widow and unmarried and not otherwise and shall not let the same or any part thereof and in case my said wife shall continue a widow and unmarried at the time of her decease then it is my will and mind that my said wife may in and by her Last Will and Testament in writing to be by her only executed in the presence of two or more credible witnesses or by any other writing under her hand and seal to be attested as aforesaid give and dispose of my jewels silver plate linen household goods implements and utensils of household and china ware which shall be in my said dwelling house at Ratcliffe aforesaid at the time of decease and also of the before mentioned sum of four thousand pounds in case she shall not carry on the said business of a ropemaker unto and amongst such of my children as shall be living at the time of her decease in such shares and proportions and to be paid to them at such time or times as to her shall seem meet

But if it shall happen that my said wife shall marry again after my decease then it is my will and mind that the said annuity of five hundred pounds a year and the interest profits and increase of the said four thousand pounds if she shall not carry on the said business of a ropemaker shall from thenceforth cease and be no longer paid to her and in lieu thereof I do hereby give and bequeath unto her the yearly sum of two hundred pounds per annum only to be paid to her by my executors quarterly during her natural life and I do hereby charge all my real and personal estates with the payment of the said annuity of two hundred pounds per annum and then also I do hereby order and direct and it is my will and mind that all the silver plate linen household goods implements and utensils of household and china ware at my said dwelling house at Ratcliffe aforesaid shall be sold and disposed of by my said executors and that the money arising thereby shall be paid to and equally divided amongst my children at such times as the other legacies herein by me bequeathed to them shall become payable to them respectively

Also I give and bequeath all that my Manor or Lordship of Orsett in the County of Essex aforesaid with the rights members and appurtenances thereof and all rents reversions services courts and perquisities of courts views of frank pledge privileges franchises jurisdictions royalties liberties profits commodities and hereditaments whatsoever thereto belonging and also my capital messuage with the appurtenances called Ledisons subject nevertheless to the life of my said wife as aforesaid and also my freehold farm and lands called Ozedam in the Parish of Corringham in the said County of Essex and also my farm and woods called Brickhouse situate and lying near Brentwood in the said County of Essex and also all my lands hereditaments and premises with the appurtenances in the several Parishes of Fobbing and Stanford-le-Hope in the same County unto my worthy friends Simon Rogers of Mile End in the Parish of Stepney aforesaid Esquire Thomas Lockyer of London Esquire Edmund Godfrey of the same Esquire and my brother in law John Bateman and the survivors and survivor of them and the heirs of such survivor to and for the several uses trusts intents and purposes hereinafter limited and declared concerning the same and to or for no other use trust intention purpose whatsoever that is to say to the use and behoof of my son Richard Baker for and during his natural life without impeachment of or for any manner of waste but nevertheless in trust to permit him my said son Richard and his assigns during his natural life to hold the courts of the said Manor of Orsett in his own name and from and after he shall attain the age of twenty one years to receive and take the rents issues and profits thereof and all other lands tenements hereditaments and premises hereinbefore last mentioned to be devised in trust as aforesaid to his and their own proper use and benefit upon this condition nevertheless that my said son Richard do and shall at the first court which he shall hold or cause to be held in and for the said Manor at his own proper costs and charges release and quit them to my son John and his heirs all fines quit rents heriots duties services suits of Court leet and Courts Baron and all services whatsoever due or to become due or payable to him from his said brother for or by reason of the copyhold lands and tenements late of John Freeman Esquire deceased which he hold of the said Manor and which were by him devised in and by his Last Will and Testament to my said son John and his heirs after the death of Jasper Kinsmanthe younger of Stifford in the said County of Essex Esquire and for default of issue of my said son John to me and my heirs forever together with full power and authority to and for my said son Richard at any time or times during his natural life to assign limit or appoint such and so much of the said Manor lands hereditaments and premises as he shall think fit so as the same exceed not the clear yearly value of five hundred pounds by the year over and above all charges and reprises to and for the use of any woman who shall fortune to be his lawful wife for and during the term of her natural life of such wife for and in the name of her jointure and also with full power and authority to and for my said son Richard and all and every the issue male of his body from time to time and at all times during his or their natural life at his and their will and pleasure by deed or deeds in writing to devise grant and to farm let all or any the said messuages lands tenements and hereditaments or any part or parcel thereof except the said capital messuage and premises called Ledisons unto any person or persons whatsoever for any term or number of years not exceeding the term of twenty one years in possession and not in reversion remainder or expectancy so as no such lease or leases be made dispunishable of waste and so as upon every such lease there be reserve the greatest and most improved yearly rent that can be had or obtained for the same without taking any monies or other thing by way of fine or consideration for such lease or leases and so as the person or persons to whom such lease or leases shall be granted do seal and execute counterparts of such lease or leases upon trust for the raising of the several portions hereinafter mentioned for such daughter or daughters as my said son Richard shall happen to have and not otherwise provided for that is to say if one daughter only then for the raising of the sum of three thousand pounds for such daughter and daughters to be paid to her or them equally at their respective ages of twenty one years or days of marriage which shall first happen in the mean time after the rate of four pounds per centum per annum and if any such daughter or daughters shall happen to die unmarried before her or their portion or portions shall become payable as aforesaid then the portion or portions of her or them so dying shall go and be paid to the survivors or survivor of them equally to be divided amongst them share and share alike to be paid at the same time as the original portions should or ought to become payable as aforesaid in case they had been living so as no one such daughter shall have for her portion by survivorship or otherwise above the sum of three thousand pounds and from and after the death of my said son Richard then I give and devise and bequeath all and singular the said premises with the appurtenances unto the said Simon Rogers Thomas Lockyer Edmund Godfrey and John Bateman and their heirs for and during the natural life of my said son Richard for the end intent and purpose and in trust only to preserve the contingent remainder hereinafter mentioned and from and after the decease of my son Richard then to the use and behoof of the first son of my said son Richard lawfully issuing and the heirs males of the body of such first son lawfully issuing and for default of such issue to the use and behoof of the second son of the body of my said son Richard lawfully issuing and the heirs male of such second son lawfully issuing and for default of such issue then to the third fourth fifth sixth and all and every other son and sons of the body of my said son Richard lawfully issuing and to the heirs males of all and every such son and sons lawfully issuing successively one after the other as they shall be in seniority of age and priority of birth and the several and respective heirs males of their bodied the elder and his heirs male of his body to be always preferred before the younger of them and the heirs males of his body

and if it shall happen that my sonís son John shall die without issue then I give and devise and bequeath the reversion and remainder of the before mentioned hereditaments and premises so devised to me by the said John Freeman unto my said son Richard and his heirs male in like manner as I have hereinbefore devised my other lands and premises and in case my said son Richard shall happen to die without issue male as aforesaid then it is my will and mind that my said trustees shall stand seized of all and singular the said hereditaments and premises so devised to them as aforesaid to the use and behoof of my son John Baker for and during the term of his natural life and from and after his decease to the use and behoof of the first son of the body of my said son John lawfully issuing and the heirs males of the body of such first son lawfully issuing and for default of such issue to the use and behoof of the second son of the body of my said son John lawfully issuing and the heirs males of the body of such second son lawfully issuing and for default of such issue to the third fourth fifth sixth and all and every other son and sons of the body of my said son John lawfully issuing and the heirs males of all and every such son and sons lawfully issuing successively one after one after the other as they shall be in seniority of age and priority of birth and the several and respective heirs males of their bodied the elder and his heirs males of his body to be always preferred before the younger of them and the heirs male of his body

and for default of such issue in case my said wife shall be enceinte at the time of my decease and if such child shall happen to be a son then to the use and behoof of such afterborn son to and during the term of his natural life and the heir males of the body of such afterborn son lawfully to be begotten and for want of such issue then to the use and behoof of my daughter Elizabeth for and during her natural life and from and after her decease to the use and behoof of the heirs of her body lawfully to be begotten and for want of such issue to the use and behoof of my daughter Charlotte for and during the term of her natural life and from and after her decease then to the use and behoof of the heirs of the body of my said daughter Charlotte lawfully to be begotten and for default of such issue in case my said wife shall be enceinte at the time of my decease and if such child shall happen to be a daughter then to the use and behoof of such afterborn daughter to and during the term of her natural life and the heirs of the body of such afterborn daughter lawfully to be begotten and for want of such issue to the use and behoof of my said loving wife her heirs and assigns forever

and I do hereby declare that the several legacies and annuity hereinbefore by me bequeathed to my said wife are in full satisfaction and barr of her dower or thirds at the Common Law and it is my will and mind that in case either of my said daughters or any after born daughter which I may happen to have or the issue of their bodies shall be in possession of or become intitled unto the said Manor lands hereditaments and premises before mentioned by virtue of any use or limitation herein created or appointed and shall be married at that time or shall afterwards happen to intermarry with any husband or husbands that then the party or parties so claiming or enjoying the said Manor lands hereditaments and premises shall by act of Parliament to be obtained for that purpose take and use the surname of Baker or in default thereof my will and mind is and I do hereby declare the same to be in trust to and for the next issue in remainder who shall take and use the surname of Baker pursuant to the true intent and meaning of this my Will and it is my further ill and mind that the rents issues and profits of the Manor lands hereditaments and premises so devised to my said trustees as aforesaid over and above the said five hundred pounds a year devised to my said wife shall be had received and taken by my said trustees and from time to time be placed by them to the growing interest and increase of my personal estate until my said son Richard shall attain his age of twenty one years

also I give and bequeath unto my said son Richard the sum of two thousand pounds to be paid him by my executors when and so soon as he shall attain the said age of twenty one years and in the meantime and until he shall attain his said age I give and bequeath unto him the yearly sum of one hundred and fifty pounds to be paid to him quarterly from the time he shall attain the age of sixteen years

also I give and bequeath unto my said son John Baker four thousand pounds to be paid him when he shall attain the said age of twenty one years and if he shall happen to survive my said wife then I give and bequeath unto him the further sum of four thousand pounds

also I give and bequeath unto my said daughter Elizabeth five thousand pounds to be paid her when he shall attain the said age of twenty one years or day of marriage provided she shall happen to marry with the consent and approbation of my said wife if living and of the major part of my said executors and not otherwise also I give and bequeath unto my said daughter Elizabeth the sum of five thousand pounds to be paid to her upon the death of my said wife if my daughter shall marry with such consent as aforesaid and not otherwise and from and after the death of my said wife and until my said daughter Elizabeth shall attain the said age of twenty one years or marriage which shall first happen I do order and direct that my said executors shall and do allow and pay unto her or to her use so much monies monthly or quarterly as they in their discretions shall think meet and convenient for her support maintenance and education

also I give and bequeath unto my said daughter Charlotte five thousand pounds to be paid her when he shall attain the said age of twenty one years or day of marriage provided she shall happen to marry with the consent and approbation of my said wife if living and of the major part of my said executors and not otherwise also I give and bequeath unto my said daughter Charlotte the sum of five thousand pounds to be paid to her upon the death of my said wife if my daughter shall marry with such consent as aforesaid and not otherwise and from and after the death of my said wife and until my said daughter Charlotte shall attain the said age of twenty one years or marriage which shall first happen I do order and direct that my said executors shall and do allow and pay unto my said daughter Charlotte or to her use so much monies monthly or quarterly as they in their discretions shall think meet and convenient for her support maintenance and education

also I give and bequeath unto such child or children wherewith my said wife shall happen to be enceinte at the time of my decease the sum of four thousand pounds each to be paid to him her or them respectively at the age of twenty one years but in case any of my said children or any such afterborn child or children shall happen to die before the pecuniary legacy or legacies hereby to him her or them bequeathed shall become payable then it is my will and mind that the legacy or legacies of him her or them so dying shall go to and be divided amongst the survivors or survivor of them equally share and share alike

And whereas I am possessed of interested in or intitled unto diverse parts or shares of and in diverse ships employed in the service of the united Company of Merchants of England trading to the East Indies I do hereby declare it to be my will and mind that the said parts or shares of and in such ships which I shall die possessed of or interested in shall not be sold or disposed of by my executors until such as they shall have respectively made and finished the four usual voyages in such services unless such sale or sales shall happen to be directed by the major part of the owners of such ship or ships and it is my further will and mind that the dividends profits and increase which from time to time shall grow and be made for or in respect of such parts or shares of any such ship or ships together with all other my personal estate not hereby specifically devised shall be placed out and invested by my said executors so soon as conveniently they may after my decease in East India or Bank stock or some other Government security or securities as they or the major part of them shall think proper and to prevent any loss of such part of my personal estate as my consist in such ships as aforesaid at the time of my decease I do hereby order and direct that my said executors shall and do from time to time insure or cause insurance to be made of the principal sum of four hundred pounds in some public office of insurance in London on every sixteenth part or share of such ship or ships on every outward bound voyage and also the sum of four hundred pounds on every sixteenth part or share of such ship or ships on every homeward bound voyage and so in proportion thereto for any greater or lesser share or shares of such ship or ships that I shall happen to be possessed of or interested in at the time of my decease

also I give and bequeath unto my sister in law Mary Bateman twenty pounds for mourning

to my brother in law John Bateman twenty pounds for mourning

to my niece Mary Sax twenty pounds for mourning

to my cousin Robert Moore twenty pounds for mourning

to the before named Simon Rogers Thomas Lockyer and Edmund Godfrey twenty pounds each for mourning

and for the ease of my said executors I do hereby order and appoint my said brother in law John Bateman to collect gather and receive the rents and profits of all my estates and to account with and pay the same to my said other executors when and as often as they or the major part of them shall require the same and for such his care and assistance therein I do hereby give and bequeath unto the said John Bateman the sum of twenty pounds yearly for and during so long as he shall receive the same as aforesaid

and as for and concerning all the rest residue and remainder of my estate and effects whatsoever both real and personal and of what nature kind quality or quantity soever the same shall consist I do hereby give devise and bequeath the same unto my said wife for and during her natural life and from and after the death of my said wife unto and amongst such of my children as shall be living at the time of her death equally to be divided amongst them share and share alike but in case all my said children shall happen to die without issue in the life time of my wife then from and after the death of my said wife I give and bequeath the sum of four thousand pounds apiece unto such of my said executors as shall take upon them the burthen of the execution of this my Last Will and Testament and then I give and bequeath unto my said sister in law Mary Bateman the further sum of five thousand pounds to my cousin Robert Moore if he shall be living or if dead to such child or children of his which shall be living at the death of my said wife the like sum of five thousand pounds equally to be divided amongst them share and share alike if more than one and to my said niece Mary Sax the further sum of one thousand pounds and the residue and remainder thereof unto my said wife her heirs and assigns forever

and I do hereby declare that my said executors shall not be chargeable or accountable for more money than what they or any of them shall respectively and actually receive nor shall the one of them be answerable or chargeable for or with the act receipt or default of the other of them but each for himself and his own act receipt or default only and in case any loss shall happen of my estate or any part or of the dividends interest or proceed thereof without the willful neglect or default of my said executors or some of them respectively then they my said executors shall not be charged or chargeable with such loss or liable to answer or make good the same or any part thereof and in case any such loss happens by or through the willful neglect or default of any of my said executors then he or they only who shall be guilty thereof shall be and answerable for the same and lastly I do hereby nominate constitute and appoint my said wife and the said Simon Rogers Thomas Lockyer Edmund Godfrey and John Bateman executors hereof and I do hereby revoke and make void all former and other wills and testaments by me at any time heretofore made and declare these presents only to be and contain my Last Will and Testament In witness whereof I the said testator have to this my Last Will and Testament contained in ten sides of paper set my hand to the first nine sides thereof and my hand and seal to the last side this eighth day of October one thousand seven hundred and forty eight
Richd Baker

Signed sealed published and declared by the said testator for and as his Last Will and Testament in the presence of us who as witnesses thereof have subscribed our names at the request and in the presence of the said testator and of each other
Jos Daniel, Edward Whetsone, Jon Secombe

A Codicil to be taken as part of the Last Will and Testament of me Richard Baker of Ratcliffe in the Parish of Stepney in the County of Middlesex Ropemaker which will bears date the eighth day of October one thousand seven hundred and forty eight

Whereas I have by my said Will given to my wife four thousand pounds in case she shall carry on the trade of a Ropemaker and have directed that in case she shall not carry on the said trade the said four thousand shall be invested in securities and that the dividends profit and interest thereof shall be paid to my wife during her widowhood now I do hereby revoke the said gift or bequeath of four thousand pounds and instead thereof I give and bequeath to my said wife the annuity or yearly sum of two hundred pounds during her life free from all deductions to be paid by half yearly payments at Lady Day and Michaelmas in every year and I also give and bequeath to her the annuity or yearly rent of five hundred pounds free from all deductions during so long time as she shall continue my widow only to be paid by half yearly payments at the feasts above mentioned and I do charge all my real estate with the payment of the said two several annuities or yearly sums in manner aforementioned and this I do declare to be in satisfaction for the annuity of five hundred pounds given to her by my Will and payable as is therein mentioned and I do give all the jewels rings watches and other ornaments of her person unto my said wife to her own use and I give all my plate china linen pictures household goods and furniture in about and belonging to my house at Ratcliffe and also my coach and a pair of coach horses to be chosen by my wife with the harness bridles and furniture thereto belonging unto my said wife to and for her own use and benefit

and I give and devise all my lands tenements and hereditaments I have purchased since the making my Will unto the trustees in my said Will named and their heirs to and for the use and benefit of my sons and daughters in such order course and manner as I have given and devised my real estate in and by my said Will and whereas I have agreed with Thomas Gore and Charles Gore Esquires for the purchase of an estate called Trendats and other lands and hereditaments in the County of Essex now I do hereby will and direct the said purchase shall be completed by my executors that the said estate when purchased shall be settled to the same uses for the benefit of my sons and daughters and their issue

as the rest of my estate in Essex is devised by my Will and I give and bequeath the sum of five hundred pounds to my said wife to her own use and benefit to be paid he immediately after my decease and I give and devise the guardianship of my children during their minorities respectively unto my said wife so long as she shall live and continue my widow and after her death or marrying again unto my executors and the survivors or survivor of them and I do in all other things ratify and confirm my Will

Witness my hand and seal this twentieth day of April one thousand seven hundred and fifty one
Richd Baker

Signed sealed published and declared by the abovenamed Richard Baker as and for part of his Last Will and Testament in the presence of us who as witnesses of the same have in his presence subscribed our names
Rob Harper, Richd Cra?raff , Fras West

This Will was proved at London with a Codicil annexed the twenty seventh day of April in the year of our Lord one thousand seven hundred and fifty one before the Worshipful Robert Jenner Doctor of Laws Surrogate of the Right Worshipful John Bettesworth also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Elizabeth Baker widow and John Bateman two of the executors named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the deceased being first sworn duly to administer power reserved of making the like ? to Simon Rogers Thomas Lockyer and they or either of them shall apply for the same.


Prerogative of Canterbury Will - PROB 11/787
Acknowledgments to the National Archives

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