I direct my body to be buried in the same Vault with my late dear and over lamented Wife Katherine in
the north chancel of the Parish church (St. Mary Magdalene) of Gillingham in the said County of Kent
and that no unnecessary expense be incurred in my funeral
Also I direct that all my just debts funeral and testamentary expenses to be paid as soon as conveniently
may be after my decease out of my personal Estate and if deficient out of my real estate
Also I give and bequeath unto my valued and much esteemed Friend Sir Robert Smirke* Knight my two large China Jars and my best China Desert set as a small token of my esteem and friendship for him
Also I give and bequeath unto my son George Baker my Silver Tureen which was presented to me by the
Kent Fire Office for services rendered to them and also my old Silver Tankard which I have hitherto kept
in remembrance of my Grandmother Sarah Fox who was my best and oldest friend in early life and as
long as she was permitted to live
Also I give and bequeath unto my son Thomas Baker my Encyclopaedia Britannica and Silver Pint Jug which was my fathers
Also I give and bequeath unto each of my Daughters and son William Baker any remembrance of my
dear and over lamented Wife Katherine which may be found in my writing at my decease and to each also one
set of my books in remembrance of me each according to seniority to have the right of selection
Also I do also give and bequeath unto my said son William Baker a Golden piece of the denomination of
5 guineas which was the property of my Grandfather
Also I give and bequeath unto my grandson George (son of my said son George Baker) Britain's
Antiquities and all books and papers left by my dear son Robert Baker deceased
Also I give and bequeath unto my Sister Ann Baker a legacy or Sum of five hundred pounds of lawful
money of the United Kingdom of Great Britain and Ireland
Also I give and bequeath unto Mary Baker Widow of my late brother Robert Baker the Sum of one
hundred pounds of like lawful money
Also I give and bequeath unto my Nephew Samuel Baker the Sum of Two hundred pounds of like lawful money
Also I give and bequeath unto my trusty servant Richard Waterhouse the Sum of one hundred pounds of like lawful money
Also I give and bequeath unto my said son William Baker the Sum of two thousand pounds of like lawful money having given to each of my other sons on their marriage and also settled on each of my daughters at their marriage the sum of two thousand pounds
Also I give and bequeath unto my sons the said George Baker and Thomas Baker the sum of one
thousand pounds each of like lawful money in addition to the money I have hereinafter by this my Will
given to them and the same sums are so given to them in consideration of the trouble they will have in
performing the trusts of this my Will
And I direct all the aforesaid Legacies to be paid at or before the end of six calendar months next after my decease
Also I give and bequeath unto my Sons the said George Baker and Thomas Baker the Sum of six thousand pounds of like lawful money nevertheless Upon trust that they the said George Baker and Thomas Baker and the Survivor of them and the Executors Administrators and Assigns of such Survivor do and shall lay out and invest the said Sum of six thousand pounds in or upon some of the Government or Parliamentary stocks or funds of Great Britain or real Securities in England or Wales and lay out and invest the dividends interest and annual income arising from the said stocks funds and securities and of each successive investment as the same shall become due or payable in like stocks funds or securities and stand possessed of the said stocks funds and securities Upon Trust for my four grandchildren (the children of my late Son Samuel Baker deceased) equally to be divided between them respectively when they shall attain their respective age of twenty one years
And in case any one or more of my said grandchildren should die under the age of twenty one years then
as to the part or parts share or shares as well original as by survivorship or accrued of each of them so
dying Upon Trust for the other or others of my said Grandchildren equally between them if more than
one and to be payable to him her or them at the same age as hereinbefore declared concerning his her or
their original share or shares or as soon afterwards as circumstances will allow
And in case all my said Grandchildren should die without any one of them having attained the age of
twenty one years then Upon Trust that the trustees or trustee for the time being of this my Will do and
shall stand possessed of the said stocks funds and securities and all accumulations thereof upon the same
trusts hereinafter declared of my residuary Personal Estate
Also I give and bequeath unto my sons the said George and Thomas Baker the further Sum of six
thousand pounds of like lawful money of Great Britain Upon Trust to layout and invest and alter the same
in the manner hereinbefore declared of and concerning the first mentioned sum of six thousand pounds
and stand possessed of the stocks funds and securities upon which the said last mentioned sum of six
thousand pounds and all accumulations thereof shall be invested Upon the like trusts for the benefit of
my two grandchildren (the Children of my late Daughter Sarah Dick deceased) as are hereinbefore
directed and declared concerning my said grandchildren the children of my said Son Samuel Baker
deceased and with the like limitations over each of my said grandchildren (the children of my said
daughter Sarah Dick deceased) as should die under the age of twenty one years
And I direct the aforesaid legacies of six thousand pounds to be paid or invested as the case may require
within three years next after my decease And I declare that until the same shall be limited the same shall
carry interest at and after the rate of four pounds per centum per annum from the day of my death till the
time of their investment or payment thereof
Also I give and bequeath unto my said Sister Ann Baker for and during the term of her natural life one
clear Annity of yearly sum of one hundred and twenty pounds of like lawful money
Also I give and bequeath unto the before named Mary Baker for and during the term of her natural life once clear Annuity or
yearly sum of fifty pounds of like lawful money
Also I give and bequeath unto the before named Richard Waterhouse and Sarah his Wife for and during
the term of their natural lives and the life of the Survivor of them one Annuity or yearly sum of fifty pounds of like lawful money
Also I give and bequeath unto Mrs. Rebecca Rogers (sister of the said Sarah Waterhouse) for and during
the term of her natural life one annuity or yearly sum of twenty pounds of like lawful money
And I do direct that the said several annuities be paid and payable by even and equal half yearly payments in each year during the respective lives of the said several annuitants and the first half yearly payment to commence and be made at the end of six months next after my decease Provided the respective annuitants be then living
Also I give devise and bequeath all my Manors messuages lands tenements and hereditaments freehold copyhold customary leasehold and personal Estates whatsoever and wheresoever (not hereinbefore bequeathed) of or in which I am or at my decease shall be seized or possessed or understood or over which I have or shall hereafter have any power of disposal by will with their rights members and appurtenances unto and to the use of my said Sons the said George Baker and Thomas Baker their heirs executors administrators and assigns according to the respective tenures and qualities of the same And as to my leasehold estates for all the estate and interest I shall have thereon at my death nevertheless Upon the Trusts and for the uses interests and purposes hereinafter expressed and declared touching the same
And I also give devise and bequeath unto my sons the said George Baker and Thomas Baker their heirs executors administrators and assigns all estates now vested in me upon any trusts or by way of mortgage To hold the same estates unto the said George Baker and Thomas Baker their heirs executors administrators and assigns under any trusts according to the subsisting trusts thereof and as to estates vested in me by way of mortgage subject to the subsistency equity and right of redemption thereof and so that all principal money and interest to be received thereon may form part of and be applied as my personal Estate
And I declare that all my said leasehold and personal Estate are given and bequeathed as aforesaid Upon trust that the said George Baker and Thomas Baker or the Survivor of them or the heirs executors or administrators of such survivor or other the trustee or trustees for the time being of this my Will do and shall as conveniently may be after my decease (subject nevertheless to such rights of provision as hereinafter given) sell and absolutely dispose of my said freehold leasehold and other real and personal Estates as shall not consist of money and do and shall make and effect such sale or by public auction or private contract or partly in each such mode or in or by such other manner or modus as the said trustee or trustees for the time being of this my Will may think fit and with full power for the trustee or trustees for the time being of this my Will to buy in or rescind the contract or contracts for sale of all or any part of the same respective real leasehold and personal estates and resell the same in or by any of the modes aforesaid And also to defer the sale till the same may be deemed expedient without being accountable for any loss or expense to be occasioned by resale or delay of sale
And upon further trust that the trustee or trustees for the time being of this my Will do and shall from and out of the money to arise and be produced by the resales aforesaid and the money which may form part of my personal Estate at my decease in the first place pay and satisfy my debts funeral and testamentary expenses and the costs and charges of executing the trusts aforesaid and the legacies given by this my Will or any Codicil or Codicils thereto and do and shall lay out and invest so much of the residue of the said money respectively in the joint names of the trustee or trustees for the time being of this my will in the public stocks or fund as shall be sufficient for providing for the due and regular payment of the several annuities or yearly sums by this my Will or by any Codicil or Codicils thereto bequeathed or to be bequeathed at the rate of one hundred three per cent annuities for every three pounds of each continuing annuity and subject to the payment of the said several annuities to and for concerning the stocks and funds so to be appropriated and set apart for that purpose
And as to for and concerning the Rest Residue and Remainder of the money to arise and be produced from the sale and conversion of my said real and personal estates upon trust for my children (the said George Baker Thomas Baker and William Baker and Katherine the wife of Peter Cummings Esquire Ann the wife of Edward Burton Esquire and Elizabeth the wife of Edward Day Esquire) equally to be divided between them share and share alike and to be vested immediately after my decease and to be assigned transferred and paid as soon after my decease as conveniently may be
And in case any one or more of my said children should die in my life time leaving a child or children living at my decease then as to the share or respective shares of the same child or children so dying Upon Trust for the child or children of the same child or children dying respectively and to be vested at my death and payable to males at the age of twenty one years and to females at the like age or on her or their marriage the share of each parent to be equally divided between his or her children if more than one as tenants in common
And on the death of any one or more of such males under the age of twenty one years without leaving issue or females under the age of twenty one years without having been married then the original share or shares and the accrueages share or shares under the trusts of this my Will of or for such males or females respectively so dying is and are to go over to his her or their brother or sister or brothers or sisters and equally as tenants in common if more than one and to be absolutely vested at the ages days or times aforesaid and the original and accruing shares of very such grandson or granddaughter to be assigned and transferred as soon as conveniently may be after the time of becoming absolute
And in case any one or more of my said children should die in my life time without leaving any child his her or them so surviving or in case the only child or all the children of any one or more of my children so dying as aforesaid should not acquire all absolute interest in his her or their parents share or shares under the trusts aforesaid then as to the share or respective shares and the accruing share or shares of or designed for my child or children so dying and in which such absolute interest shall not be acquired upon the same trusts as are declared of the shares of my other children and with the like limitations over as far as circumstances and contingencies will avail
Provided always and I do hereby declare that it shall be lawful for the trustee or trustees for the time being of this my Will in his or their discretion by with and out of the dividends and annual income of the said stocks funds and securities to pay for the maintenance and education of all and every my said children (except my said grandchildren being the children of my said son Samuel Baker deceased they being Entitled to sufficient property from their Fathers Estate for their maintenance and education) whose portion or portions shall not have become payable at my death in the meantime and until the same becomes payable such yearly sum and sums of money as the trustee or trustees for the time being of this my Will shall in his or their discretion think proper not exceeding in the whole the dividends and annual income of the presumptive or expectant share or shares of each such grandchild respectively of and in the said stock funds and securities provided
Also and I do hereby further direct and declare that it shall and may be lawful to and for the trustee or trustees for the time being of this my Will and he and they is and are hereby directed to lay out and invest the surplus dividends or income (if any) of each such grandchild’s share during his or her minority which shall not be required to be expended for his or her maintenance and education to accumulate and go along with the capital or share producing the same and be subject to the same or the like limitations over provided
Also and it is my Will and mind and I do hereby direct that notwithstanding the several trusts hereinbefore expressed it shall and may be lawful to and for the trustee or trustees for the time being of this my Will in his or their discretion to pay and apply any part of the expectant or presumptive portion or share of any one or more of my grandsons (except the sons of my (Son) Samuel Baker deceased) but only with the consent of the Father and Mother if both living or such one of his said parents as may be living and after the death of both parents then in the discretion of the same trustee or trustees for the time being of this my Will but so as not to exceed five hundred pounds for any one such grandson for the placing out or putting him to any profession business or calling during his minority
Provided always and I hereby declare that my said sons and sons in law shall in the first place have the option and preference of purchasing all or any part of my real and leasehold Estates which may be in their respective occupations at the time of my decease (and notwithstanding any or either of such sons may be a trustee or trustees under this my Will) and that every such purchase shall be settled according to a fair valuation to be made by two competent surveyors of respectable (blank) one to be chosen by the party or parties so desirous of purchasing as aforesaid and the other by the trustee or trustees or retrustees (as the case may require) of this my Will
And in case such Surveyor shall not be able to agree in their valuation then they shall appoint an umpire to fix the amount of such purchase and such valuation shall be concluded between the parties and all persons claiming any benefit under this my Will
And I do hereby further direct and declare that the person or persons who shall become the purchaser or purchasers of all or any real and leasehold estates or either of them or any part of the same respectively or their respective representatives or assigns or the person or persons who may now have or hath or who shall or may from time to time have all or any part of the money property and effects hereby given and bequeathed or which shall be subject to the trusts of this my Will in his her or their hand or hands or upon securities given or to be given by his her or them shall not be obliged or required to see to the application or disposition of the same money and effects or any part thereof respectively or the rents dividends interest and annual income of my said real and personal Estate or other property respectively or any part thereof respectively or of the said purchase money after payment advancement and transfer of the same respectively to the person or persons who for the time being shall be the acting trustee or trustees of this my Will or be answerable or accountable for him or them
And that all and every receipt and receipts which shall be given for the said trust and purchase money or any part thereof respectively by the person or persons who for the time being shall be the acting trustee or trustees of this my Will shall be a good and effectual and sufficient acquittance and discharge or several good effectual and sufficient acquittances and discharges for all and every sum and sums of money which thereon and thereby shall be acknowledged or expressed to be or to have been received and shall effectively discharge the person or persons to whom the same shall be given from all liability for the misapplication and of all obligation being to the application of the money therein mentioned to be received And in case any trustee shall become a purchaser as aforesaid the purchase money of such trustee shall be applied and be deemed duly applied by payment by him into any bank in the joint names and to the joint names and to the joint account of the trustees for the time being of this my Will
Whereas I and my said Son George Baker have for some years past carried on the business of Timber Merchants and Builders together in Copartnership And whereas I have a considerable capital employed in such Copartnership Now I do hereby declare and direct that notwithstanding any direction hereinbefore contained or any article clause matter or thing contained in our articles of Copartnership to the contrary it shall and may be lawful to and for my said son George Baker to receive in his hands all such capital and principal money as shall be found due and belonging to me from the said Copartnership at the time of my decease for the term of several years to be computed from the day of my death
Upon condition nevertheless that my said Son George Baker do and shall within six months next after my decease enter into a Bond binding himself his executors and administrators to his Co-trustee or Co- trustees for the time being of this my Will in a sufficient penalty to pay to his Co-trustee or Co-trustees all such capital and principal money as may be due to me from the said Copartnership at the time of my decease within seven years next after my decease together with interest in the mean time to be paid half yearly on the said sum to be so secured at and after the rate of five pounds per centum per annum or the said George Baker may if he thinks fit pay part of my said capital at any time within the said seven years and retain the other parts
And I hereby authorise and empower my executors and the survivor of them and other my personal representatives for the time being in his or their uncontrouled discretion with full right to exercise such discretion to settle and adjust all accounts which may be open or depending between me and any person or persons at the time of my decease and to receive or pay the balances which shall appear to be due or owing to or from me
And also if they or he shall think fit so to do to compound for any debt or debts on which may be due to me at the time of my decease and to accept and take such composition or to give such enlarged days of payment for the same as they or he shall think advisable and on receipt of all debts due or owing to me or any such composition for the same as aforesaid to give such releases and discharges for the same as shall be proper And also to submit any such accounts or debts as aforesaid to arbitration or to arbitration and to umpirage and to release or compound for or otherwise act in relation to the same as the arbitrator or arbitrators or umpire shall award and generally to manage and get in my said debts and all such personal Estate and Effects in such manner as they my said Executors or the survivor of them or other such representatives or representatives as aforesaid shall think most for the advantage of the parties beneficially interested upon the bequests and trusts of this my Will
Provided always and I do hereby direct and declare in case any difference or dispute question or difficulty shall happen to arise with the said George Baker and Thomas Baker or other the trustee or trustees for the time being of this my Will touching the execution or performance of all or any of the trusts of this my Will or the settlement of the partnership accounts with my said son George Baker that all and every such difference dispute question or difficulty when and so often as the same shall arise shall be referred to the Recorder for the City of Rochester for the time being and his determination upon the matter or questions which shall be so to them referred shall be final and conclusive upon all parties claiming under this my Will And I empower and authorise the trustee of trustees for the time being of this my Will to pay out of my trust Estates all costs fees charges and expenses which may be occasioned by any such reference
And I do hereby declare that if each or either of the trustees hereby appointed or to be appointed as hereinafter is mentioned shall die or refuse or become incapable to act in the trusts hereby created then and in such case it shall be lawful for the acting trustee or trustees for the time being or the last acting trustee his executors or administrators to appoint one or more trustee or trustees in the room of the trustee or trustees so dying or declining or becoming incapable to act and thereupon the said Trust Estate money and premises shall be vested in the same trustee or trustees solely or jointly with the surviving or continuing trustee or trustees respectively as occasion shall require and that such new trustee or trustees shall have the same power and authority to all intents and purposes whatsoever as if he or they had been originally nominated a trustee or trustees of this my Will
Provided also that the trustees hereby appointed or to be appointed as hereinbefore is mentioned shall not be answerable the one for the other of them nor for signing receipts for the sake of continuity nor for any involuntary loss and that it shall be lawful for them to reimburse themselves their costs and expenses in discharging the trusts hereby created
And I hereby appoint my sons the said George Baker and Thomas Baker Executors in trust of this my Will
And I hereby revoke every and any other Will and Codicil by me heretofore made and declare this
writing only to be my last Will and Testament
In Witness whereof I the said Samuel Baker the testator have subscribed my name at the foot of the seven preceding sheets
and to this sheet and have affixed my Seal at the upper corner of the first preceding sheet where all the sheets of this
my will are tied together and have also affixed my seal to this sheet opposite my signature thereto this thirteenth day of
June in the year one thousand eight hundred and thirty three
Sam: Baker
Signed sealed published and declared by the said Samuel Baker the Testator as and for his last Will and
Testament in the presence of us who in his presence at his request and in the presence of each other have
subscribed our names as witnesses hereto
Jas. Simmons Solicitor, Rochester - Edward Birch - Edwd. Brooks his Clerks.
It is my particular desire that two thousand pounds of the six thousand last in this my Will unto my two grandchildren Sarah & Thos. Dick be funded and that their father Capt. Thos. Dick receive the interest thereof during his natural life in addition to the Annuity of 100 which he now receives for his life and at his demise the principal be divided between my two grandchildren Sarah & Thos. Dick or their heirs respectively
And it is further my desire that the sum of 500£ left by this my Will to my Sister Ann be revoked and instead thereof her Annuity be increased to one hundred & sixty pounds per annum instead of one hundred & twenty
It is also my desire that a Sum of fifty pounds each be paid to my servants viz. Ann Desborough & Will.
Marsh in addition to the wages that may be due to each of them at the time of decease as a token of my
acknowledgement of their good conduct during the period of their respective services to me
Boley Hill (Rochester) 10th Feby. 1836 Saml. Baker Witness: Edwd. Burton
This is a second Codicil to the last Will and Testament of me Samuel Baker of Boley Hill in the parish of Saint Nicholas in the City of Rochester in the County of Kent Esquire
Whereas in and by my said Will which bears date on or about the thirteenth day of June one thousand
eight hundred and thirty three I have amongst other things given and bequeathed unto my Sons George
Baker and Thomas Baker a certain sum of six thousand pounds sterling upon such trusts for the benefit
of my four grandchildren (the children of my late son Samuel Baker deceased) as therein more particularly mentioned
And Whereas I am desirous of making some provision thereout for Sarah the Widow of my said late son
Samuel Baker deceased the Mother of the said children and who is now the Wife of William Pitman of
Lewisham in the County of Kent Esquire a Captain in His Majestys Navy
Now I do hereby will and direct that my said sons the said George Baker and Thomas Baker shall stand possessed of the said Sum of six thousand pounds and of the stocks funds and securities upon which the same shall for the time being be invested and the dividends interest and annual proceeds thereof in trust in the first place thereout to pay a clear annuity or annual sum of one hundred pounds sterling unto the said Sarah Pitman for and during the term of her natural life by equal half yearly payments for her sole and separate use but so as that she shall not have power to assign or mortgage or otherwise dispose of the same by way of anticipation and free from the debts controul or engagements of her present or any future husband and that her receipt alone after and not before the same shall have become due notwithstanding coverture be a sufficient and the only sufficient discharge for the same and subject thereto
I do hereby declare that my said sons George Baker and Thomas Baker shall stand possessed of the said sum of six thousand pounds and the dividends interest and annual proceeds thereof upon such and the same for the benefit of my said four grandchildren in all respects as are in and by my said Will expressed and declared of and concerning the same
And whereas I have also and by my said Will amongst other things given and bequeathed unto my said
sons George Baker and Thomas Baker a certain other sum of six thousand pounds sterling upon such
trusts for the benefit of my two grandchildren (the children of my late daughter Sarah Dick deceased) as
the Will particularly mentioned
And whereas I am desirous of altering the provision thereby made for my said last mentioned
grandchildren in manner hereinafter mentioned Now I do hereby revoke the said last mentioned
bequest of six thousand pounds and in lieu thereof do give and bequeath unto the said George Baker
and Thomas Baker the sum of three thousand pounds sterling for the use and benefit of my grandson
Thomas Dick one of the children of my said daughter Sarah Dick deceased (subject to and charged with
the payment thereout of one clear annuity or yearly sum of fifty pounds to Thomas Dick the Elder of
Greenwich in the said County of Kent Esquire a post Captain in His Majestys Royal Navy for life to
whom I do give and bequeath the same accordingly
Upon such and the like trusts in all respects and with such and the like powers of investment and otherwise as are mentioned and declared in my said Will of and concerning the said sum of six thousand pounds thereby given in trust for both the children of the said Thomas Dick the elder provided nevertheless that in the event of the said Thomas Dick dying under the age of twenty one years then that the said last mentioned sum of three thousand pounds (subject and without prejudice to the payment of the said annuity of fifty pounds a year to the said Thomas Dick the Elder) shall be sink into and form part of my residuary Estate
And I do hereby further give and bequeath unto the said George Baker and Thomas Baker the like sum of three thousand pounds sterling Upon Trust that they or the survivor of them and the executors administrators and assigns of such survivor do and shall lay out and invest the same in the purchase of a competent share of the government stocks or funds of Great Britain in their or his name or names and stand possessed thereof and of the dividends interest and annual proceeds thereof in trust in the first place thereout to pay a further annuity or annual sum of fifty pounds unto the said Thomas Dick the Elder for and during the term of his natural life and subject thereto to pay and apply the dividends interest and annual proceed of the said last mentioned sum of three thousand pounds for the use and benefit of my granddaughter Sarah Georgiana Dick the other child of my said daughter Sarah Dick deceased for and during the term of her natural life for such purposes and in such manner in all respects as they the said George Baker and Thomas Baker or the survivor of them or the executors administrators and assigns of such survivor shall in their or his free discretion from time to time seems most expedient or advisable free from the debts controul or interference of any husband
And from and immediately after the decease of the said Sarah Georgiana Dick Upon Trust that they the said George Baker and Thomas Baker and the survivor of them and the executors administrators or assigns of such survivor do and shall stand possessed of the said sum of three thousand pounds and of the stocks funds and securities upon which the same may for the time being be invested and the dividends interest and annual proceeds thereof In Trust for all and every or such one or more of the child or children of the said Sarah Georgiana Dick lawfully begotten who being a son or sons shall live to attain the age of twenty one years or being a daughter or daughters shall live to that age or marry whichever shall first happen equally to be divided between and amongst them if more than one share and share alike and in case there shall be only one such child then the whole to be in trust for such one or only child
and in case there shall be no child of the said Sarah Georgiana Dick who under the limitations
aforesaid shall live to attain a vested interest in the said sum of three thousand pounds
Then Upon Trust that they the said George Baker and Thomas Baker and the survivor of them and the
executors or administrators of such survivor do and shall stand possessed of the said sum of three
thousand pounds and of the stocks funds or securities upon which the same may for the time being be
invested and the interest and dividends thereof in trust as to one undivided therein thereof for my said
grandson Thomas Dick his executors administrators and assigns and for his and their own absolute use
and benefit in case he shall have attained or shall live to attain the age of twenty one years
But in the event of his dying under that age then that the said one undivided third part shall sink into and form part of my residuary personal Estate and as to the remaining two third parts thereof Upon Trust for all and every my children who may be living at the time of my decease equally to be divided between them if more than one share and share alike and if there shall by only one such child then the whole to such one child his or her executors administrators and assigns
And I do hereby declare that the said two annuities of fifty pounds a year (making together the sum of one hundred pounds a year) so given in trust for the benefit of the said Thomas Dick the Elder as hereinbefore mentioned are meant and intended by me to be in lieu and substitution of the annuity of one hundred pounds a year given to the said Thomas Dick the Elder in and by a certain Codicil to my said Will bearing date the tenth day of February one thousand eight hundred and thirty six And I do hereby accordingly revoke and make void the said annuity bequeathed by the said Codicil to the said Thomas Dick the Elder as aforesaid
And lastly I do hereby ratify and confirm my said Will and my said Codicil bearing date the said tenth day of February one thousand eight hundred and thirty six in all other respects except so far as the same are hereinbefore altered or revoked
In Witness whereof I the said Samuel Baker have to this my second Codicil contained in four sheets of
paper set my hand and affixed my seal (that is to say) my hand to each of the said first three sheets and
my hand and seal to this last sheet this thirtieth day of August one thousand eight hundred and thirty six
Saml Baker
Signed sealed published and declared by the said Samuel Baker to be a second Codicil to his last Will
and Testament in the presence of us who in his presence at his request and in the presence of each other
have hereunto subscribed our names as witnesses thereto
Chas. May Simmonds Solicitor, Rochester - William Walk his Clerk - William Marsh Servant to Mr. Baker, Rochester
In the Prerogative Court of Canterbury In the Goods of Samuel Baker Esquire deceased 22nd November 1836
Appeared Personally George William Baker of Montague Place Russell Square in the County of
Middlesex Esquire and made Oath that he knew and was well acquainted with the said Samuel Baker
late of Darland in the parish of Gillingham in the County of Kent and of Boley Hill in the City of
Rochester Esquire deceased for some time before and down to the time of his death and that during hath
his knowledge of and acquaintance with him he has frequently cause and also write and subscribe his
name and has by such means become well acquainted with his manner and character of handwriting and
subscription and that having now carefully viewed and perused a certain paper writing hereto annexed
purporting to be and contain a Codicil to the last Will and Testament of the said deceased bearing date
the thirteenth day of June in the year one thousand eight hundred and thirty three the said Codicil
bearing date the tenth day of February in the year one thousand eight hundred and thirty six beginning thus
“It is my particular desire that two thousand pounds of the six thousand left in this my Will” and ending thus
“as a token of my acknowledgement of their good conduct during the period of their respective services to me” and
being thus subscribed Saml Baker
And having likewise carefully viewed and perused a certain interlineation appearing in the said Codicil
in the following words: “which he now receives” interlined between the sixth and seventh lines from the
top of the first side thereof and the name “Willm” inserted before the name Marsh appearing in the fifth
line from the top of the second side thereof
This appearer says that he verily and in his conscience believes that the whole body and contents of the
said Codicil with the words and name which he now receives and “Willm.” interlined and inserted
therein as aforesaid with the words and figures “Boley Hill 10th Feby 1836” at the foot or bottom thereof
and the name Saml Baker set and subscribed thereto were and are of the proper handwriting and
subscription of the said Samuel Baker Esquire deceased and of no other person or persons whomsoever
Geo. W. Baker Esquire
Same day the said George William Baker Esquire was duly sworn to the truth of this affidavit Before me William Robinson Surr. Pre. George Nicholson Notary Public
Proved at London with two Codicils the 29th November 1836 before the Worshipful William Robinson Doctor of Laws & Surrogate by the Oaths of George Baker Esquire & Thomas Baker Esquire the Sons the Executors to whom admon. was granted having been first sworn duly to administer
Notes:
Samuel Baker married Catherine Nicholson on 8th January 1787 at St. Nicholas, Rochester, Kent.
Wife Catherine Baker was buried at St. Mary Magdalen, Gillingham on 16th July 1830, aged 66.
Samuel Baker was buried on 2nd November 1836, also at St. Mary Magdalen, Gillingham, aged 75.
He requested to be buried in the same vault as his wife.
Samuel and Catherine Baker’s known children (all christened at St. Nicholas, Rochester):
28 Feb 1788 Samuel; 30 Jun 1789 Catharine; 25 May 1790 George; 30 Dec 1791 Sarah;
8 Jan 1794 Thomas; 13 Oct 1795 Ann; 13 Jun 1797 Robert (dies); 9 Aug 1798 William (dies);
13 Sep 1799 John (dies?); 16 Jun 1801 Elizabeth; 9 Aug 1802 Robert; 18 Nov 1803 William.
Memorial Inscription on the North Wall of the Nave of Rochester Cathedral:
To the Memory of SAMUEL BAKER, Esquire Many years a Magistrate of this City
This tablet is erected by his Friends and fellow Citizens in testimony of their Respect and Esteem
The whole course of his life was marked by talents and energy, which raised him to eminence in his profession
by Integrity and Kindness which endeared him to all who knew him,
and by true Christianity which was best evinced by his benevolent action, the improvements of this his native City
and the promotion of the welfare of it's inhabitants were objects which he ardently pursued,
zealous in whatever he undertook, yet prudent in the choice of means, his efforts were crowned with success
and his liberality diffused, what his industry had won, his fellow Citizens envied not the wealth
which was often the prop of humble merit and the resource of the unfortunate.
Died November 6th 1836 Aged 75 Years
Samuel Baker was born on 22nd December 1761 and christened 17th January 1762 at St. Andrew’s
Presbyterian church, Rochester, s. of Samuel and Ruth Baker.
Their other children (all Presbyterian christenings):
17 Dec 1760 Sarah; Born 27 Nov 1764, Chr.: 22 Apr 1764 Anne; 12 Jan 1766 Robert.
Samuel Baker (senior) married Ruth Alexander on 17th Jan 1760 at Strood (next Rochester).
Samuel Baker was Mayor of Rochester in 1797 and 1802.
* Sir Robert Smirke, R. A., was Architect of the British Museum.
Transcribed by Shelagh Mason 31st January 2020. All rights waived for personal use – BUT please quote source and reference.
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