First I Give Devise and Bequeath my Houses wherein I now Dwell and all the Stables Coach houses and Buildings thereunto belonging with the
Appurtenances in the said Town of Deal together with the Furniture of all Kinds, Household Goods, Plate, China and Household Linnen thereunto
belonging and which shall be in or about my said Dwelling House at the time of my Decease and also my Coach, Chariot and Horses And also all my
Farm and Lands called South End Farm with the Tenement heretofore called the Dog Kennell and all my Lands and Tenements whatsoever lying and
being in the Parishes of Walmer, Ringwould and Great Mongeham or in either of them in the said County of Kent
unto my Sister in Law Elizabeth Hill of Deal aforesaid Widow for and during the Term of her natural Life
Also I give and bequeath unto Elizabeth Sampson of Deal aforesaid Widow for her Life one Annuity or Yearly Sum of twenty pounds
and unto Mary Driver my late Wife's Servant for her Life one other Annuity or Yearly Sum of twenty pounds
Also I give unto my Neice Jane Baker in case she shall be unmarried at the time of my death but not otherwise for her Life one other
Annuity or Yearly sum of Twenty Pounds
and unto my Neice Mary Conning in case she shall be unmarried at the time of my death but not otherwise for
her Life one other Annuity of Yearly Sume of thirty pounds
the said several Annuities of twenty pounds, twenty pounds, twenty pounds and Thirty pounds to be paid unto them the said
Elizabeth Sampson, Mary Driver, Jane Baker and Mary Conning respectively by four Quarterly
payments clear of all Taxes and deductions whatsoever the first Payment of the said respective
Annuities to begin and be made at the End of three Calendar Months next after my decease
And I do hereby charge all my Reall Estates (such parts thereof only excepted as is herein before devised to my said Sister in Law Elizabeth Hill
during the Continuance of her Estate and Interest therein) with the payment of the said several Annuities
and so often as it shall happen that the said several Annuities or either of them or any part of them or either of them shall be behind and unpaid
it shall be lawfull for the said Elizabeth Sampson, Mary Driver, Jane Baker and Mary Conning respectively into all my Real Estates (Except as
aforesaid) to Enter and distraine and the distress and distresses so taken to Lead drive take carry away detain Impound and sell towards
satisfying the said several Annuities and all Arears thereof with the Costs and Charges in taking and selling such distress and distresses
And I give and devise all my said Farm Lands and Tenements in Walmer, Ringwould and Great Mongeham from and after the death of the said Elizabeth
Hill and all other my Freehold Messuages Lands Tenements and Hereditaments whatsoever charged with the said Annuities as aforesaid unto
my Nephew Thomas Baker and his Assigns for and during the Term of his natural Life
and from and after the determination of that Estate I give and devise all my Freehold Estates unto John Willyams of Deptford in the said County
of Kent Gentleman and Robert Lynch of Corpus Christi College in Oxford their Heirs and Assigns for and during the natural Life of the said
Thomas Baker
In Trust to preserve the Contingent Estates hereafter limitted from being defeated But nevertheless to
permit the said Thomas Baker and his Assigns to receive the Rents Issues and Profits thereof during the Term of his Life
and from and after his decease then I devise the said Freehold Estates unto the first and all other the Sons of the said Thomas Baker lawfully to
be begotten severally and successively one after another as they shall be in seniority of age and the severall Heirs Male of their
several and respective Bodies lawfully to be begotten the Elder of the said Sons and the Heirs Male of
his Body being always preferred before the Younger of the said Sons and their Heirs Male of their Bodies
And in default of such Issue I give and devise all my said Freehold Estates unto the said John Willyams and Robert Lynch their Heirs and Assigns
In Trust for the first and every other son of the Body of my Neice Mary Underdown lawfully begotten or to be
begotten respectively and successively one after another according to their Seniority of Age and the Heirs Male of the Body of every such Son
and for want of such Issue In Trust for the first and every other Son of the Body of my Neice Jane Baker lawfully to be begotten respectively
and successively one after another according to their Seniority of Age and the Heirs Male of the Body of every such Son
and for want of such Issue then In Trust for the first and every other Son of the Body of my Neice Mary Conning lawfully to be begotten
respectively and successively one after another according to their Seniority of Age and the Heirs Male of the Body of every such Son
and for want of such Issue then In Trust for all the Daughters of my said Nephew Thomas Baker and of my said Neices Mary Underdown, Jane Baker
and Mary Conning equally to be divided between them their Heirs and Assigns for ever
Provided always and my Will is that all the Sons of my said three Heirs that shall come into possession of my said Freehold Estates by virtue of
this my Will shall upon their becoming possessed thereof take and use the Sir name [surname] of Baker only
And also that my said Nephew Thomas Baker shall or may by any deed or deeds Writing or Writings under his Hand and Seal Grant, Limit or Appoint
all or any part of my Freehold Estates to or to the use of any Woman or Women which he shall happen to marry for and during the natural Life
or Lives of any Woman or Women respectively for and as her or their Jointure or Jointures and likewise that my said Sister in Law Elizabeth Hill
and also that my said Nephew Thomas Baker when and as he shall be in the actual possession of the Freehold premises hereby devised shall have Power and Authority by any deed or deeds Writing or Writings under his and her Hand and Seal to demise and Lease all or any part of the Premisses hereby demised to them unto any person or persons for any Term or number of Years not exceeding twenty one Years to take Effect in possession and not in Revertion or by way of future Interest so as there be reserved upon every such Lease to continue payable half yearly during the Term in every such Lease to be granted the best and most improved yearly Rent that can or may reasonably be had or gotten for the same without taking any Fine or premium and so as there be contained in such Lease Conditions of Re-entry for Non Payment of the Rents thereby respectively to be reserved and so as the respective lessees Execute Counterparts of all such Leases and so as no Clause be contained in any of the said Leases giving power to any Lessee to commit Waste or Exempting him her or them from punishment for committing the same
Also I give unto my said Neice Jane Baker the sum of two hundred pounds
and unto my said Neice Mary Underdown the Sum of two hundred pounds
Also I give unto my Servants Susanna Allen and William Savin in case Mary shall live with me at the time of my decease and not otherwise
the Sum of ten pounds apiece and also to each of them a suit of Mourning the said several Money Legacies to be paid unto
them within six Calendar Months after my decease
And I give unto the said John Williams and Robert Lynch the sum of one hundred pounds apiece for their Trouble and care in the Execution
of the Trusts created by this my Will
Also I give and bequeath the House wherein I now dwell with the Furniture Household Goods Plate China and Household Linnen thereunto belonging and which shall be in or about my said dwelling at the time of my decease from and after the death of the said Elizabeth Hill and all my other Leasehold Messuages Lands and Tenements and also all the rest and residue of my personal Estate, my Debts and Funeral Expences being therewith first satisfied unto the said John Williams and Robert Lynch upon the following Trusts (that is to say)
In the first place In Trust to reimburse themselves all such Costs and Expences as they shall sustain or be put unto in or concerning the Execution of the Trust reposed in them by this my Will and afterwards by with and out of my Personal Estate or the produce thereof from time to time to renew the Lease of my Leasehold Estates and to keep my Leasehold estates in good Repair and upon further Trust to pay all the cost of the Rents Issues and Profits Interest and Annual Produce of all my Leasehold and of all other my Personal Estate unto my said Nephew Thomas Baker and his Assigns for and during the Term of his natural Life
And from and after his death to pay the rest of such Rents Issues and Profits Interest and Annual Produce unto the first Son of my said Nephew Thomas Baker till he attains the Age of twenty one Years And if he attains that Age then upon Trust to Assign Transfer and pay all my Leasehold Estates and also all the rest and residue of my Personal Estates unto such first Son of my said Nephew his Executors Admin[istra]tors and Assigns
But if such first son happen to dye under the Age of twenty one years Then in Trusts to pay the rest of such Rents Issues and Profits Interest and Annual Produce unto the second Son of my said Nephew Thomas Baker till he attains the Age of Twenty one Years and if he attains that Age then upon Trusts to assign transfer and pay all my Leasehold Estates and also all the rest and residue of my Personal Estates unto such second Son of my said Nephew Thomas Baker his Executors Administrators and Assigns
But if such second son happens to dye under the Age of twenty one Years then my Will is that my said Trustees shall stand possessed of all my Leasehold and personal Estate In Trust for the third and all other the Sons of my said Nephew Thomas Baker severally and successively one after another in the same or in the like manner as the Trusts thereof is before declared with regard to the first and second Sons of my said Nephew
And in default of such Sons or in case all such Sons shall dye before their age of Twenty one Years Then In Trust to pay all the rest of the Rents Issues and Interest and Annual Produce of all my Leasehold and of all other my Personal Estate unto the first son of my said Neice Mary Underdown till he attains the said Age of twenty one Years and if he attains that Age then upon Trust to assign Transfer and Pay all my Leasehold Estates And also all the rest and residue of my Personal Estate unto such first Son of my said Neice Mary Underdown his Executors Admin[istra]tors and Assigns
But if such first Son shall happen to dye under the Age of twenty one Years Then the said Trustees shall stand possessed of all my Leasehold and Personal Estate In Trust for the second and all other the Sons of my said Neice Mary Underdown severally and successively one after another in the same or the like manner as the Trusts thereof is before declared with regards to the first Son of my said Neice Mary Underdown
And in default of such Sons or in case all such Sons shall dye before their Age of twenty one Years then in Trust to pay all the rest of the Rents Issues and Profits Interest and Annual Produce of all my Leasehold and of all other my Personal Estate unto the first Son of my said Neice Jane Baker till he attain the Age of twenty one Years And if he attains that Age Upon Trust to assign transfer and pay all my Leasehold Estates and also all the rest and residue of my Personal Estate unto such first Son of my said Neice Jane Baker his Executors Administrators and Assigns
But if such first Son shall happen to dye under the Age of twenty one Years then the said Trustees shall stand possessed of all my Leasehold and Personal Estate In Trust for the second and all other the Sons of my said Neice Jane Baker severally and successively one after another in the same or in the like manner as the Trusts thereof is before declared with regard to the first Son of my said Neice Jane Baker
And in default of such Sons or in case all such Sons shall dye before their Age of twenty one Years then in Trust to pay al the rest of the Rents Issues and Profits Interest and Annual Produce of all my Leasehold and of all other my Personal Estate unto the first Son of my said Neice Mary Conning till he attains the Age of Twenty one Years and if he attains that Age Upon Trust to assign Transfer and pay all my Leasehold Estates and also all the rest and residue of my Personal Estate unto such first Son of my said Neice Mary Conning his Executors Admin'ters and Assigns
But if such first Son shall happen to dye under the Age of twenty one Years then the said Trustees shall stand possessed of all my Leasehold and Personal Estate In Trust for the second and all other the Sons of my Neice Mary Conning severally and successively one after another in the same or the like manner as the Trusts thereof is before declared with regards to the first Son of my said Neice Mary Conning
And in default of such Sons or in case all such Sons shall dye before their Age of twenty one Years then In Trust for all the daughters of my said Nephew Thomas Baker and of my said Neices Mary Underdown, Jane Baker and Mary Conning in equal shares their Executors Admin'tors and Assigns
And I declare my Will to be that it shall be lawfull for the said John Williams and Robert Lynch from time to time to call in and place out all or any part of my Personal Estate on such Real or Government Securities as they shall think proper and when any Money part of my Personal Estate which is or shall be placed out on any Real Security shall be paid in that the Receipt or Receipts of the said John Willyams and Robert Lynch or of the Survivor of them shall effectually discharge the person or persons paying the same and the Lands Tenements and Hereditaments on which such Moneys is or shall be placed out from the Trusts to which such Moneys is subject by my Will for so much Money as is in such Receipt or receipts shall be acknowledged and expressed to be received
And also that the said John Willyams and Robert Lynch or the Survivor of them shall not be answerable for or lyable to make good any Loss of any part of my Personal Estate which shall happen by means of the Badness or Insufficiency of any Security or for any other Loss whatsoever which may happen without their wilfull default or Neglect and that the said John Willyams and Robert Lynch shall not be answerable or accountable for the Receipts Acts Neglects or defaults of each other But that each of them shall be answerable for his own Receipts Act Neglect or default only
Provided always and my Will is that the said John Willyams and Robert Lynch shall permit all the Furniture, Household Goods, Plate, China and Household Linnen belonging to and which shall be in and about my said dwelling House at the time of my decease to be and remain in my said dwelling House to be used therewith and also my coach, charriott and Horses by the said Elizabeth Hill during her Life and after her death by my said Nephew Thomas Baker and the several other persons who shall be in the possession of my said dwelling House by virtue of my Will any thing in my Will contained to the contrary notwithstanding
And I direct the said John Willyams and Robert Lynch to take an Inventory or account of all the said Furniture, Household Goods, Plate, China and Household Linnen immediately after my death that the Quantity thereof may be known to all persons who shall be interested therein
And I appoint the said John Willyams and Robert Lynch Executors of this my last Will and Testament and I desire them to be carefull in the
discharge of all my just debts
And Lastly I do revoke all my former Wills
In Witness whereof I have hereunto and also to a duplicate hereof bearing even date and executed herewith set my Hand and Seal this
thirteenth day of October in the Eighteenth Year of the Reign of his Majesty King George the second and in the year
of our Lord One thousand seven hundred and Forty four
Hercules Baker
Signed Sealed Published and declared by the said Hercules Baker the Testator as his Last Will and
Testament in the presence of us who have subscribed our Names as Witnesses hereunto in the presence of the said Testator
Richd. Bell; John Brackenbury; Gab: Drayson
A Codicill to be annexed to the last Will and Testament of me Hercules Baker of Deal in the County of Kent Esquire which I hereby declare shall be taken to be and shall be part of my last Will and Testament
Whereas I have by my said Will given unto my Neice Mary Connig (sic) in case she shall be unmarried at the time of my death but not otherwise for her Life one Annuity or Yearly Sum of thirty pounds to be paid Quarterly
And Whereas I have devised all my Farm Lands and Tenements in Walmer, Ringwould and Great Mongeham from and after the death of the said Elizabeth Hill and all other my Freehold Messuages with the said Annuity and with several other Annuities mentioned in my Will in default of Issue Male of my said Nephew Thomas Baker unto John Willyams and Robert Lynch their Heirs and Assigns (amongst other Trusts) In Trust for the first and every other Son of the Body of my said Neice Mary Connig lawfully to be begotten respectively and successively one after another according to their seniority of age and the Heirs Male of the Body of every such Son and for want of such Issue then In Trust for all the daughters of my said Nephew and of my Neices Mary Underdown, Jane Baker and also of my said Neice Mary Connig equally to be divided between them their Heirs and Assigns for ever
And Whereas I have also by my said Will given all my Leasehold Messuage Lands and Tenements
and also all the rest and residue of my Personal Estate after payment of my Debts and Legacies unto
the said John Williams and Robert Lynch (amongst other Trusts) In Trust to pay all the rest of the
Rents, Issues and Profits, Interest and Annual Produce of all my Leasehold and of all other my
Personal Estate unto the first Son of my said Neice Mary Connig till he attains the Age of twenty
one Years and if he attains that Age Upon Trust to Assign, Transfer and pay all my Leasehold
Estates And also all the rest and residue of my Personal estates unto such first Son of my said Neice
Mary Connig his Executors, Admin'tors and Assigns
But if such first Son should happen to dye under the Age of twenty one Years then the said Trustees
were to stand possessed of all my Leasehold and Personal Estate In Trust for the second and all
other the Sons of my said Neice Mary Connig severally and successively one after another in the
same or in the like manner as the Trust thereof is therein before declared with regard to the first Son
of my said Neice Mary Connig and in default of such Sons Or in case all such Sons shall dye
before their Age of twenty one Years then In Trust for all the daughters of my said Nephew Thomas
Baker and of my said Neices Mary Underdown, Jane Baker and Mary Coning in equal shares theirs Ex'ors, Admin'ters and Assigns
Now I hereby revoke the said last mentioned Legacies, Devises and Bequests made in my said Will to my said Neice Mary Conning or to her Children and in Lieu and stead thereof I Give unto my said Neice Mary Coning the Sum of two hundred pounds to be paid unto her within six Calendar Months after my decease
And Whereas I give unto my said Neice Mary Coning in case she shall be unmarried at the time of my death and not otherwise for her Life one Annuity or Yearly Sum of twenty pounds to be paid unto her by four Quarterly Payments clear of all Taxes and deductions whatsoever the first payment thereof to begin and be made at the End of three Calendar Months next after my Decease and I charge all my Real Estates with the payment thereof in the same manner and not otherwise as the said Annuity of thirty pounds a year charged thereon by my said Will
Also I give unto George Brice my Coachman in case he shall live with me at the time of my decease and not otherwise the Sum of ten pounds and also a suit of Mourning
In Witness whereof I the said Hercules Baker have to this present Codicil set my Hand and Seal the
twenty sixth day of October one thousand seven hundred and Forty four
Hercules Baker
Signed Sealed Published and declared by the above named Hercules Baker the Testator as part of his
Last Will and Testament in the presence of us who have subscribed our Names as Witnesses in the presence of the said Testator
Richd. Taylor; Willm. Hatton; Gab: Drayson
On the fifth day of December in the Year of our Lord One thousand seven hundred and Forty four Administration (with the Will and Codicill Annexed) of the Goods Chattels and Credits of Hercules Baker late of the Town of Deal in the County of Kent Esquire deceased was granted to Thomas Baker Esquire the residuary Legatee named in the said Will (for that John Williams and Robert Lynch the Executors and Residuary Legatees In Trust appointed in the said Will have renounced the Execution thereof and also the Letters of Administration (with the said Will annexed) of the Goods of the said deceased) being first sworn duly to administer.
On the sixth day of December 1762 Adm[inistrati]on (with the Will and Codicil annexed) of the Goods Chattells and Credits of Hercules Baker late of the Town of Deal in the County of Kent Esqr. deceased left unadministered by Thomas Baker the Residuary Legatee for Life named in the said Will (now also deceased) was granted to Elizabeth Baker Widow the natural and lawfull Mother and Executrix, Guardian lawfully assigned to John Baker a Minor the natural and lawfull Son and only Child of the said Thomas Baker deceased and as such the substituted Residuary Legatee named in the said Will for the use and benefit of the said Minor and until he shall attain the Age of twenty one Years having been first sworn duly to adm[in]ister. John Willyams and Robert Lynch the Executors and Residuary Legatees In Trust named in the said Will formerly renouncing as well the Execution of the said Will and Codicil as Letters of Administration (with the Will and Codicil annexed) of the Goods of the said dec[eas]ed.
On the 31st Augt. 1791 Admon. (with the Will and Codicil annexed) of the Goods Chattells and Credits of Hercules Baker late of the Town of Deal in the County of Kent Esquire decd. left unadm'd by Thomas Baker Esquire dec'd whilst living) the Residuary Legatee ... named in the said Will was granted to John Baker Esquire the natural and lawfull Son and only Child of the said Thomas Baker Esq'r dec'd and as such the Residuary Legatee substituted in the said Will having been first sworn .. duly to Adm'r. ....................
Notes:
Hercules Baker was baptised 5th August 1683, s. of James and Amey Baker at St. Leonard, Deal, Kent.
His siblings (all baptised at St. Leonard's): John 12 Oct 1680; James 19 Mar 1682; Thomas 4 Jan 1685; Edward 10 Jul 1687; William 26 Dec 1688.
Hercules Baker married Jane Fox 23rd May 1713 at St. Leonard. They had a daughter Sarah baptised at St. Leonard's 26th April 1714.
Hercules Baker was buried 5th November 1744 at St. John, Ickham, Kent.
He was pre-deceased by his Wife Jane, who was buried at Ickham on 24th September 1744.
Offices Held: Capt. R.N. 1713; Treasurer of Greenwich Hospital 1736 – death in 1744.
Transcribed by Mrs. Shelagh Mason, August 2022
Return to Kent GenealogyWill of Hercules Baker