Baker Will 1831

Will of John Baker

of Canterbury, Kent


Source: Archdeaconry Court of Canterbury PRC 17/108/313C
Submitted by Shelagh Mason
Please see extensive notes at the end of this Will.

This is the last Will and Testament of me John Baker formerly of the City of Canterbury and since of the Parish of Saint Dunstan in the County of Kent, Esquire in manner following (That is to say)

Whereas by a certain Indenture of three parts bearing date on or about the Twelfth Day of October One thousand seven hundred and seventy six and made or confessed to be made before me the said John Baker of the first part Jane Tattersall of the Parish of Saint Paul Covent Garden in the County of Middlesex Spinster of the second part and George Baker of the said City of Canterbury Esquire and James Tattersall Rector of the said Parish of Saint Paul Covent Garden Clerk of the third part Being a Settlement made upon a Marriage then intended and which was shortly after solemnized between the said John Baker and the said Jane Tattersall my last dear wife deceased The two several Capital Sums of Six Thousand Pounds three and a half per Cent Consolidated Bank Annuities were transferred to the said George Baker and James Tattersall Upon a Trust after the said Marriage for me the said John Baker for my Life and after my decease for the said Jane Tattersall for her Life

And from and after the decease of the Survivor of me Upon Trust that they the said George Baker and James Tattersall or the Survivor of them his Executors Administrators and Assigns should pay assign transfer make over the whole of the said Trust premises and all Interest Dividends and Proceeds which should then be in their Hands or possession or unreceived in respect thereof do unto and amongst all and every or such one or none of the Children of the Body of me the said John Baker on the Body of the said Jane Tattersall to be begotten at such Ages Dayes and Times in such part shares and proportions manner and form and with such Limitations over (such Limitations to be for the Benefit of some or one of the same Children) as I the said John Baker and Jane Tattersall at any time or times during our Joint Lives by and Deed or Deeds Writing or Writings with or without Power of Revocation to be by us sealed and delivered in the presence of two or more Credible Witnesses should jointly direct or appoint or as the Survivor of us the said John Baker and Jane Tattersall by her or my last Will and Testament or Writing or and Writing purporting to be in or in the nature of my or her last Will or Testament to be by me or her duly signed sealed and published in the presence of and attested by three or more Credible Witnesses should direct or appoint And in default of such Direction or Appointment either by Deed or Will as aforesaid Then Upon the Trusts therein further declared or concerning the same

And Whereas the joint Appointment of the said Trust monies and premises or any part thereof was made in the pursuance of the Power and Authority given by the hereinbefore in part unto settlement in the Lifetime of my said late dear Wife deceased And Whereas the Trust property under the said Settlement now consists of the Capital Sum of Ten thousand pounds three per Centum Consolidated Bank Annuities Now I the said John Baker by free and virtue and in exercise and execution of the said Power and Authority given to me by the said hereinbefore in part recited Indenture of Settlement I do by this my last Will and Testament in writing by me duly Signed Sealed ad Published in the presence of and attested by three Credible Witnesses direct or appoint

That the Trustees or Trustee for the time being under the said Settlement shall from and immediately after my decease stand possessed of the said Capital Sum of Ten Thousand Pounds three per Centrum Consolidated Bank Annuities Upon Trust as to the Sum of Three thousand three hundred and thirty three pounds Six shillings and eight pence part thereof to pay the Interest and Dividends and proceeds of the same unto my Daughter Elizabeth Munro the wife of Alexander Munro of Woolwich in the said County of Kent Esquire a Major in His Majesty�s Royal Artillery and her Assigns for and during the term of her Natural Life to and for her own proper Use and Benefit exclusively of her said Husband or any future Husband she may happen to marry who shall not intermeddle therewith nor shall the same or any part of thereof be subject or liable to the Controul Debts or Engagements of such present or future Husband

And I will and Declare that the Receipts of my said Daughter Elizabeth Munro or of such person or persons as she shall or may from time to time direct or appoint to receive such Interest Dividends or Proceeds shall notwithstanding her Coverture be good and effective Releases and Discharges for the same or so much thereof as in such Receipts shall be expressed to be received

And from and immediately after the Decease of my said Daughter Elizabeth Munro Then Upon Further Trust to pay assign and transfer the said Sum of Three thousand three hundred and thirty three pounds Six shillings and eight pence three per Centrum Consolidated Bank Annuities unto or amongst all and every or such only Child or Children of the Body of my said Daughter Elizabeth Munro lawfully begotten or to be begotten at such Ages Days and Times in such Part Shares and Proportions manner and form and with such Limitations (such Limitations ever to be for the Benefit of one or [all] of the same Children) as the said Elizabeth Munro at any time or times during her natural Life by any Deed of Deeds Writing or Writings with or without power of revocation and new Appointment to be by her Sealed and Declared in the presence of and attested by two or more Credible Witnesses shall with the Consent and Approbation of my said two Sons George Baker and John Baker or the Survivor of them to be testified in writing under their or his Hands and Seals or Hand and Seal direct or appoint

And in Default of such Appointment Then Upon Further Trust to pay assign and transfer the said sum of Three thousand three hundred and thirty three pounds Six shillings and eight pence three per Centrum Consolidated Bank Annuities unto all and every the Child or Children of the Body of my said Daughter Elizabeth Munro lawfully begotten or to be begotten equally to be divided between or amongst them share and share alike the share or shares of the Daughter or Daughters to become vested in her or them respectively on her or their attaining her or their Age or respective Ages of Twenty one Years or on the Day or respective Days of her or their Marriage which shall first happen

And the share or shares of the Son or Sons to become vested in him or them respectively on his or their Age or respective Ages of Twenty one Years And to be paid assigned and transferred at such Age or Ages Time or Times as aforesaid to such of the said Daughters or Sons as shall arrive at or attain the same after the decease of my said Daughter Elizabeth Munro But as to such of them as shall arrive at or attain such Age or Ages Time or Time as aforesaid in the Lifetime of my said Daughter Elizabeth Munro the Payment or Transfer of his her or their share or shares to be postponed till after her decease And I do hereby direct the said Trustee or Trustees for the time being under the said Settlement to pay assign and transfer the same accordingly

Provided Nevertheless And I do hereby declare my will to be that if any such Child or Children being a Son or Sons shall depart this Life before he or they shall attain his or their respective Ages of Twenty one Years or being a Daughter or Daughters shall happen to die before she or they shall attain her or their Age or respective Ages of Twenty one Years or be married then the share or shares of him her of them so dying shall go and accrue to the Survivor or Survivors or other of such Children and be equally divided amongst them if more than one share and share alike and shall become vested and payable or transferable as aforesaid

And in case of the Death of any other of the said Children of my said Daughter Elizabeth Munro before such accruing or surviving share or shares shall become vested as aforesaid then every such accruing or surviving part or share shall again be subject and liable to such Right Chance Contingency or Condition or Accrue to and amongst the Survivors or Survivor and others or other of the said Children as hereinbefore is provided touching the original portion or portions.

And Upon a Further Trust that the said Trustee or Trustees for the time being under the said Settlement shall and do pay assign and transfer the Sum of Three thousand three hundred and thirty three pounds Six shillings and eight pence three per Centrum Consolidated Bank Annuities unto my Son John Baker his Executors Administrators and Assigns absolutely And I do hereby direct the aid Trustee or Trustees for the times being under the said Settlement to pay assign and transfer the same accordingly.

And Upon a Further Trust that the said Trustee or Trustees for the time being under the said Settlement shall and do pay assign and transfer the rest, the other or remaining part of the said Sum of Ten Thousand Pounds, the Sum of Three thousand three hundred and thirty three pounds Six shillings and eight pence three per Centrum Consolidated Bank Annuities unto my Daughter Jane Baker her Executors Administrators and Assigns absolutely And I do hereby direct the said Trustees or Trustee for the time being under the said Settlement to pay assign and transfer the same accordingly

And after the payment of all my just Debts funeral expences the Charges of proving this my Will and other Incidental Expenses I Give and Devise All and every my Messuages Farms Lands Tenements and Hereditaments parts and purparts and Shares of Messuages Farms Lands Tenements and Hereditaments and real Estate whatsoever and wheresoever unto my said two Sons George Baker and John Baker equally to be divided between them share and share alike as Tenants in Common and no as joint tenants and to their respective Heirs and Assigns for ever

And after the payment as aforesaid and also of the several Bequests and Legacies which shall be contained in any paper Writing hereunto annexed or which shall be found with this my Will or which I direct may be taken as part thereof I Give and Bequeath all my Household Furniture Plate Linen China Books Monies Securities for Money Goods Chattells and Effects and all other my personal Estate of whatsoever sort and description the same shall consist at the time of my Decease unto and equally between my said Children Elizabeth Munro George Baker John Baker and Jane Baker their several and respective Executors Administrates and Assigns absolutely.

And I do hereby make nominate and appoint my said two Sons George Baker and John Baker Executors of this my last Will and Testament

And lastly I do hereby revoke all former Wills by me made and do declare this only to be my last Will and Testament In Witness whereof I the said John Baker have to this my last Will and Testament contained in five sheets of paper set my Hand and Seal that is to say to the first four sheets thereof my Hand and to this fifth and last sheet thereof my Hand and Seal the Thirtieth Day of May in the Year or our Lord One thousand eight hundred and twenty five
John Baker

Signed Sealed and Published by the said John Baker the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our Names as Witnesses
George Gunner - C.P. Cowtan Clerk to Mr. Stan. - Thos. Stan Attorney, Canterbury

The before Registered Will of John Baker Esquire deceased was proved the Fifteenth Day of April 1831 before the Reverend John Pechey Francis Clerk Surrogate to the Worshipful James Henry Arnold Doctor of Laws Vicar General of His Grace William by divine providence Lord Archbishop of Canterbury Primate of all England and Metropolitan lawfully constituted by the Oath of George Baker Esquire, son of the deceased, one of the Executors named in the said Will, He being first sworn to perform the same (power being reserved of making the like Grant to the Reverend John Baker, Clerk, Son of the Deceased, the other Executor named when he shall apply for the same.

Notes:
John Baker and Jane Tattersall were married on 12th October 1776 at Westminster under a Faculty Office Marriage Licence.
Children of John Baker Esquire and Jane his wife:
17 Jun 1778 C Elisabeth at St. Peter, Canterbury
26 Jan 1784 N } Jane at St. Dunstan, Canterbury
6 Feb 1784 C }
9 Dec 1785 N } John ** at St. Dunstan, Canterbury
11 Dec 1785 C }
8 Mar 1787 C George at St. Dunstan, Canterbury
3 Sep 1788 C James at St. Dunstan, Canterbury (and buried 22 Sep 1788)
** Dies and is buried at St. Dunstan as �The Reverend John Baker� aged 46 on 30 Dec 1833.

Jane Baker dies 27-Mar 1815, aged 66 at Hackington, St. Stephen.
Noted in Register: Wife of John Baker, the M.P. for Canterbury.
John Baker who died on 20th January 1831, was buried at Hackington
John Baker (senior) is buried 15-Nov 1830 (umm - that doesn�t make sense � see above) aged 76, at Hackington
Noted in register: from St. Dunstan's, Canterbury.

This gives John Baker (senior) a birth date of 1754 + 2/3 years. This also means, he is almost definitely the son of George and Sarah Baker, thus:
20-Dec 1748 M George Baker and Sarah Ichen at St. George the Martyr, Canterbury.
Their children (christened at All Saints, Canterbury):
25-Nov 1751 C Elizabeth
30-Dec 1753 C John
No further children currently found.

I suspect this means that George Baker is:
17-Aug 1713 C George Baker, s. of John and Susan, at Canterbury, Holy Cross, indicating he was 35 years of age when he married. As a professional person, it is more likely he was older at marriage.
Family group (all at Holy Cross, Canterbury):
18-Oct 1702 C John (to) John and Susan Baker
16-May 1710 C Catherine (to) John and Susan Baker
17-Aug 1713 C George (to) John and Susan Baker

John Baker (very senior!) married Susanna White 6th July 1701 at Christchurch Cathedral, Canterbury. John was �of Thanington�; She: �of ye Precincts of this Church�.

See Wikipedia for Notes on John Baker, M.P.
See also: Gentleman�s Magazine for 1831 (part 1). Vol. CI
The Gentleman�s Magazine states (with regard to the children), with additional notes by myself:
1. George Baker Esquire of St. Stephen�s, Canterbury, a Barrister at law and Recorder of Canterbury, married in 1812 Mary Anne *, d. of the late Very Reverend Gerrard Andrewes, Dean of Canterbury.
Their children:
05-May1822 C William DeChair Baker, s. of George and Mary Ann at Canterbury, Christ Church Cathedral Note: (Father was: Barrister-at-Law, The Deanery, Canterbury Cathedral)
14-Aug 1823 C Rose Emily Ward Baker, d. of George and Mary Ann at Hackington, St. Stephen Note: Father: Esq. of the Deanery, Canterbury
28-Apr 1826 C Georgiana Baker, d. of George and Mary Ann at Hackington, St. Stephen Note: Father: Gentleman of the Deanery, Canterbury
14-Aug 1828 C William DeChair Baker, s. of George and Mary Ann at Hackington, St. Stephen Note: Father: Esq. of the Deanery, Canterbury

* Marriage entry for St. James, Piccadilly, Middlesex reads: George Baker Esq. of the Middle Temple, London, Bachelor and Mary Anne Andrewes of this parish, Spinster were married in this church by Licence this 12th day of May 1812 By me Gerard Andrewes Rector. Witnesses were: John Baker and Gerrard Thomas Andrewes
Why no children before 1822 � some in London, perhaps? To be investigated....

2. The Rev. John Baker of Thorp Arch, Yorkshire and West Bourne, Sussex. He married his cousin, Frances, d. of the late Rev. John Tattersall, Vicar of Harewood, Yorkshire and one of His Majesty�s Chaplains.
Marriage entry: 13th October 1813 at Otterden (near Faversham), Kent, when he was Clerk of Hastingleigh, Kent.

3. Elizabeth Baker, m. 1st to the late. Lieutenant-Colonel Taylor and 2ndy to Lieutenant-Colonel Munro of the Royal Horse Artillery.

4. Jane Baker � unmarried. "September 29th, death, at Canterbury, aged 72, Jane, youngest d. of the late J. Baker, Esq., M.P. for Canterbury." Source: The Gentlemen's Magazine 1854.


Return to Kent Genealogy

Will of John Baker
Created by Maureen Rawson