Will of David BAKER – Died in 1874 Will Book 2, p. 120, Catawba Co., NC

I, David Baker of the County of Catawba and State of North Carolina, being of sound mind and memory and considering the uncertainty of my earthly existence do make and declare this my last will and testament in the manner and form following.
First- That my executors hereinafter named provide for my body a decent Christian burial.
Item 1st It is my will that each one of my dear children namely Henry, Jones,Adline (who married Cephas Roderick) Eliza Cline (wife of Daniel Cline)Jane Mosteller (wife of Lawson Mosteller) Louisa Sides (wife of Luther Sides)
Caroline Abernethy share equally in the division of my estate.
Item 2nd It is my will that my youngest child Calvin who is not included in item first, have my home tract of land including the dwelling house wherein I now reside & containing about 500 acres after the death of my beloved wife Sarah.
Item 3rd It is my will that my son Calvin after the death of my beloved wife Sarah have all the horses, sheep, hogs cattle & mules on hand at that time. It is further my will that my son Calvin live with his mother and contribute all within his power to make her comfortable & happy in her old age and solitude.
Item 4th It is my will in the event my son Calvin should marry, and it should so happen that my sonÂ’s wife and his mother my own dear wife cannot live together in peace and harmony that my son Calvin shall build him a house on the said home tract near by or convenient to his mother and cultivate said land or as much thereof as will be necessary for the support of himself and mother during her lifetime.
Item 5th It is my will that my son Calvin shall have control & manage the farm, and provide for his mother an adequate support during her life; it is further my
will if any emergency whatever should arise as to lead to the result or event mentioned in item four of this my will and testament that my son Calvin shall have the following articles of personal property, one half of the household
and kitchen furniture, the corner cupboard, one bed, desk, cutting box, grindstone and saws, my rifle gun, the farming tools including scythe & cradles, windmills, blacksmith tools, one clock, one half the cattle, horses,mules, wagon, buggy and gear, provided he remains on the place and
supports his mother.
Item 6th It is my will that my beloved wife Sarah, shall have the home place during her natural life, and at her death to be my son CalvinÂ’s absolutely and in fee simple, forever, and in the event my wife should marry I desire that the home tract of land be so divided between her and my son Calvin if he should so desire as to give him a home & land enough to make him decent support and it is my will that the personal property be equally divided between them
upon her marriage if my son Calvin should so desire it.
Item 7th. It is my will that my wife Sarah have the following articles of personal property on hand at my death to wit: One half of the horses, sheep, cattle, hogs & all the provisions on hand, all the household and kitchen furniture, the farming implements subject to the conditions in items 4 & 6 of this my last will and testament.
Item 8th It is my will that my executors sell at public sale all the personal Property of any kind whatever on hand at my death not herein disposed of including one half of my cattle hogs and other effects not mentioned except my horses and mules, it is also my will that they shall sell my Wilfong tract of land in Catawba County lying on JacobÂ’s Fork, and also the Hawn home tract lying on ?Reafs? Creek in the same county.
Item 9th It is my will that the proceeds of the above sale together with all my notes and accounts and all other evidences of indebtedness due me be equally divided between my seven children named in item 1st of this my last will and testament, allowing my executors to retain an amount sufficient to pay the expenses incident to the settlement of my estate & also a reasonable commission for their services as such.
Item 10th It is my will that the note which I hold against my son Henry shall be credited with the amount due him from my estate, should the said amount not exceed his note and in the event his interest in my estate is less than the
value of the note against him the note shall be credited to the amount of his interest or share and the balance he shall not be required to pay within two years after my death.
Item 11th. It is my will that the above provisions shall apply to the note which I hold against my son Jones, it is also my will that my sons Henry and Jones Baker shall act as my executors in carrying out the provisions of this my last will and testament and hereby appointed them as such. In witness whereof I have set my hand and seal this day of 1871.

David Baker his mark
We Eli A. Warlick & M. L. Cline, hereby subscribed our names as witnesses to the execution of the foregoing will at the request and in the presence of David Baker – Signed this 6th day of February, 1872.

M. L. Cline

E. A. Warlick
Probate Court
The execution of the foregoing paper writing was this the 31st day of Dec., 1874 duly proved to be the last will and testament of David Baker by the oath and examination of M. L. Cline, a subscribing witness thereto and it appearing
to the court that E. A. Warlick the other witness is dead his signature is duly proved by the oath and examination of S. M. Finger who declares that he believes the above to be genuine signature of said E. A. Warlick. Admitted to Probate and ordered to be recorded.

M. O. Sherrill

Judge of Probate

In the matter of the Will of David Baker Before M. O. Sherrill, Judge of Probate

D. J. Baker & Henry Baker, being sworn, doth say that David Baker, late of said County, is dead, having first made and published this last will and testament; and that they D. J. Baker & Henry Baker, are the executors named therein. Further, that the property of the said David Baker consisting of land, stock, notes, household & kitchen furniture & is worth about $3000.00 as far as can be ascertained at the date of this application, and that the widow Sarah, Henry, D. J., Calvin Baker and Caroline Abernethy, Eliza Cline, Adline Roderick, Jane Mosteller & Belza J. Sides – are the parties entitled under said will to the said property.

Sworn to and subscribed D. J. Baker
Before me this 31st day Henry Baker
Of Dec. 1874

M. O. Sherrill

Probate Judge

D. J. Baker & Henry Baker, the executors named in said will duly qualified by taking the required oath letters testamentary issued.