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Will of... ED BAKER

Will Book A, Pages 516, 517, 518, and 519

Transcribed by Tina Matthews...Thank You Tina!
Submitted by Judy Tate
August 17, 2002

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I, Ed Baker of the city of Weir, in Cherokee County, Kansas being of sound mind and memory and mindful of the uncertainty of human life, do make publish and declare this my last will and testament in manner following.

First, I hereby nominate and appoint as executor hereof my son-in-law Joseph Hanley and my son Thomas Baker and order that they enter upon the duties of this great trust without being required then or thereafter to execute a bond and I further order that each of them shall receive as compensation for their services in the discharge of their duties here in imposed upon them as executors hereof the sum of three dollars per day and all the legitimate expenses, for each day actually engaged in the performance of said duties, and I hereby authorize and empower them, the said Joseph Hanley and Thomas Baker, to settle any claim or demand which may be against or for my estate and to perform all other duties which may be imposed upon them, either by law or by the terms and provisions of this will.

Second, after the payment of my just debts, funeral expenses and expenses of my last sickness, I give devise and he bequeath to my daughter, Emily Hanley, wife of Joseph Hanley the following described Real Estate Situated in Cherokee County, Kansas towit:
Lots number one (1) two (2) three (3) four (4) five (5) six (6) in block number one (1) in Bakers Third addition to the City of Weir together with all my household and kitchen furniture and fixtures and all my household goods of every nature and kind whatsoever.

Third, I give and devise to my son Richard Baker, the following described Real Estate situated in Cherokee County, Kansas towit:
Lot number twelve (12) and thirteen (13) in Block number one (1) in Bakerton now a part of the city Weir.

Fourth, I give and devise to my son William Baker the following described Real Estate situated in Cherokee County, Kansas towit:
Lot number eleven (11) in block number only one (1) in Bakerton, now a part of the city Weir.

Fifth, I give and devise to my son Thomas Baker, the following described Real Estate described in Cherokee County, Kansas towit:
lot number ten (10) in block number one (1) in Bakerton, now a part of the city of Weir, also one fourth (1/4) interest in and to the following described Real Estate Situated in Newton County, Arkansas towit:
the southwest one fourth (1/4) in section number eighteen (18) in township number (16), In range number twenty-two (22), together with the appurtanances thereunto belonging.

Sixth, I give and devise to Thomas Clark of Pittsburgh, Kansas, the following described Real Estate Situated in Crawford County, Kansas towit:
lots number twenty three(23) twenty four (24) twenty five (25) and twenty six (26) in (Mcrbms) place a subdivision of Lot A, of the consolidated land company's first annex to the city of Pittsburgh.

Seventh, it my desire and I so order and direct my executors pay to (Mrs. Ellen Luke) each month during her widowhood a sum of money as to them may seem just and proper, for the purpose of paying her house rent.

Eighth, It is my further wish and desire and I hereby order and direct that the sum of fourteen dollars be expended annually in cleaning, decorating and repairing the family burial lot in Weir City Cemetery.

Ninth, it is my wish and I so order and direct the rest, residue and remainder of my estate of whatsoever and wheresoever nature or kind be sold, leased or otherwise disposed of by said executors, at such time, place and manner as may seem to them to be just, right and proper and that the proceeds thereof be equally divided among my children. Namely, Emma Hanley, William Baker, Richard Baker and Thomas Baker and their children share and share alike the child or children of a deceased child taking the share which his, her or their parent would have taken if living after the payment of all legal and just demands against my estate, including the several (?) provided for and stipulated in the seventh and eighth section of this instrument: provided however, that (?) to the (?) and roaming disposition of my son Richard Baker, my executors may use their own judgement and discression as to the (?) of money they shall pay to the said Richard Baker, from time to time, out of the proceeds (?) to him by the provisions of this will and provided further that in the event the said, Richard Baker, becomes steady in his habits and settled down in life, my said executors shall pay him the full amount of his share of the proceeds in the manner and at the time of the distribution of the shares of my other children.

In witness whereof, I have here unto set my hand and seal this First day of July, Nineteen hundred and five A.D. Ed Baker (L.S.) Signed, published and declared by the said testator to be his last will and testament in the presence of us who have signed our names at the request as witnessess in his presence and in the presence of each other (?) W. Stewart of the city of Weir. (L.P. Barney) of the city of Weir. (?) (?) of the city of Weir.
State of Kansas
Cherokee County

I, J.H. Ellis, Sale judge and (ex-office) clerk of the probate court in and forsaid county, hereby certify that I have compared the foregoing copy of the records of the will of Ed Baker (?) of said county deceased with, the original records there of none remaining in this office, and in my custody, and have found the same to be true transcript therefrom, and of the whole of such original records; and I further certify that said (?) would be received in evidence in all the courts of the state of Kansas.

In testimony whereof, I have here unto set my hand and affixed the seal of said probate court this 23rd day of November, 1907.

J.H. Ellis, Sale judge and (ex-office) clerk of the probate court.

State of Kansas
Cherokee County

I, J.H. Ellis, Sale judge of the Probate court of said county, do hereby certify that J.H. Ellis whose genuine signature is affixed to the foregoing certificate is under the laws of the state of Kansas by virtue of his office as sale judge of said court, also, the clerk of said court, and was such clerk at the time of making and subscribing the same that his (?) afore said is in due form of law and by the proper officer, and that the seal thereto affixed is the seal of the said probate court and I further certify that said last will and testament has been admitted to probate in said court in due form and duly recorded.

Witness my hand and seal, this 23rd day of November, 1907.
J.H. Ellis

Sale judge of the probate court of Cherokee County, Kansas

(?) and duly recorded this 9th day of MCH 1909
Will Moore, Clerk

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