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In Memory of Peggy Brown Chapman Personal site:
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Originally given to me by
Lois Haile of Albany, OR and full text
later transcribed and sent to me by Cindy Conser On 4th June 1829 James Baker, brother of Richard Baker, brought suit in circuit court. Bill of complaint. "....your orator James Baker would show .... Richard Baker
departed this life without issue that he left at his death the
following persons who were his brothers & sisters and
the children of those brothers & sisters who are dead to wit
your orator, Elijah Baker_ James Baker Samuel Baker
and Elizabeth Baker who are the children & heirs of
Samuel Baker decd who was the brother of
Richard Baker. Richard Baker had died possessed of considerable property and James Baker, orator, claimed his will was fraudulent and made under the influence of Felix McBride. McBride was the nephew of Elizabeth Baker. 5 Jun 1829. Answer of Elizabeth Baker. "She denied that Felix McBride influenced her deceased husband or got him drunk and know that it was her dec'd husband's fixed resolve that his slaves should never serve any other person or persons except himself & this defendant and that after this defendant's death they should be free." William Tear, executor of Richard Baker's will, stated he was Richard Baker's brother-in-law and that he had heard him declare frequently that he intended to set his slaves free at the death of his wife, if she should outlive him. He denied that Felix McBride had any undue influence on the testator or caused him to become intoxicated. Said it was true that the clerk re-wrote the will because it was too informal. He added that the testator lived for some time after making the will and never altered or replaced it, and had said several times that he was perfectly satisfied with it. Depositions were taken between 12 Aug 1829 and Cindy
Conser's December 1993 Abstracts
From JAMES BAKER V. RICHARD BAKER'S HEIRS, & the revived case: JAMES BAKER ADMINISTRATORS, ETC. V. RICHARD BAKER'S DEVISEES ETC. 1. No date: "Papers." Cover piece. 2. 26 Dec 1825: "Last Will & Testament of Richard Baker" recorded May 1826 and filed in this case by William Tear, executor, 31 August 1829. Will which was witnessed by Sam Woodson and Elijah Grace, leaves property to wife Elizabeth. After her decease, slaves to be freed and landed estate to go to nephew James Baker (son of Elijah Baker) and remaining estate to go to nephew Richard [T.] Baker (son of James Baker). 3. 04 Jun 1829 (filed): "Bill of Complaint" by James Baker [brother of Richard Baker], charging that the will being probated is fraudulent. He asked that Elizabeth Baker (wife and heir of Richard Baker), Richard T. Baker (son of James, the complainant, and heir and nephew of Richard Baker), James Baker (son of Elijah and nephew of the complainant James Baker, and heir and nephew of Richard Baker), and William Tear (executor of Richard's will and brother of Elizabeth Baker) be named as defendants. He also named the persons who he considered to be the rightful heirs, but they apparently were not parties to this suit. [NOTE: THE HOPKINS CO. CLERK'S OFFICE MISSED THE FIRST PAGE OF THIS BILL AND GENERALLY MIXED UP THE COPYING OF IT. FOR A BETTER COPY, SEE THE ONE RECEIVED EARLIER FROM LOIS HAILE. CC] 4. 05 Jun 1829: "Answer" of Elizabeth Baker, "widow and one of the devisees of Richard Baker, deceased,to the Bill of James Baker filed & exhibited against her & others in the Hopkins Circuit Court." Said Richard Baker, her deceased husband, died 27 April 1828. "She admits that it ,is probable if the sd. decedent had departed this life intestate the persons set out in the Bill as being his heirs at law would really have been so. She also admits that he did die possessed of some estate in lands, the negroes mentioned in the Bin & some personal property. But she charges the fact to be that previous to his death, he did make, sign, seal acknowledge & publish his last Will & testament at a time when he was of entire legal capacity to do so. That the said Will hath been legally proven & recorded in the Office of the Hopkins County Court..." She denied that Felix McBride influenced her deceased husband or got him drunk and knew that it was her dec'd. husband's fixed resolve that his slaves should never serve any other person or persons except himself & this deft. and that after his & this deft. death they should be free. She stated that John B. Laffoon, a friend & neighbor of her deceased husband had drawn a will in accordance with his wishes. Baker took the will to the county clerk, who read it and found some defect in its legal operations and Baker asked the clerk to draw another will for him, which the clerk did. She flatly denied that the said Richard Baker was induced to make his will by fraud & circumvention. "What could have induced the complt. to believe that the deft. would remove the said slaves out of the jurisdiction of this court before this suit could be heard in chancery, if he does believe it, the deft. can't tell. But this she can tell that although she firmly believes that while she lives they are all hers & she would have right to take them where she might choose, yet she solemnly declares that she has no such thought as that of taking them from where they now are. 5. 05 Jun 1829 (filed): "Answer" of William Tear, executor of the last will and testament of Richard Baker deceased, to the Bill of Complaint against him and others ... by James Baker, who calls himself one of the heirs at law of the said Richard Baker. Tear said he was Richard Baker's brother-in-law and that he had heard him declare frequently that he intended to set his slaves free at the death of his wife, if she should outlive him. He said that after the death of Baker, Tear produced the will to the Hopkins County Court, which granted him letters testamentary, and that the will was true and genuine. He denied that Felix McBride had any undue influence on the testator or caused him to become intoxicated. Said it was true that the clerk re-wrote the will because it was too informal. He added that the testator lived for some time after making the will and never altered or replaced it, and had said several times that he was perfectly satisfied with it. 6. 12 Aug 1829 (filed) *Deposition of Mahala Thomasson" taken by E.? Robertson, J.P. *Deposition of Mahala Thomasson taken at the house of William Thomasson 11 August 1829. She was at Richard Baker's house when the will was being written. He was intoxicated, she said. Felix McBride pulled money out of his pocket and offered to send for more whiskey, she said, but she didn't know whether he actually bought some. Baker was easily influenced by others when he was drinking, she said. McBride took especial interest in the making of the will and was active in having the will made. She was also at Richard Baker's when Baker & McBride & others started to Madisonville about sunset to have the will recorded. She said Baker was drunk or greatly intoxicated. She said she thought McBride hurried Baker off to town to record the will before he became sober. She said that she had heard Baker say that Richard [Baker, her brother] should be his heir. The weather was very cold when they went to Town. She said both Richard Baker and Elijah Grace were so intoxicated they were incapable of doing business. Thomasson said the only will she knew of was the one written by John B. Laffoon that day. She said she believed the will was written as it was more out of spite for the "Old Man's connections" than for McBride's benefit. She said the will was written on Christmas day the year before Baker's death. She signed the deposition Mahala J. Thomasson. 7. 13 Aug 1829 (filed): *Sundry Depositions" taken by E. Robertson, J.P. * Deposition of William Thomasson taken 12 August 1829 at the tavern house of Toraviz N. Hill in Madisonville. He had known Richard Baker 12-15 years. Said Baker was a man of very weak mind and "I could take a bottle of whiskey [and] get him to do or say anything I wanted him do or say." Said Baker's habit of intoxication got worse during the latter part of his life. Said Felix McBride had influence over him. Thomasson said Baker told him he "expected the family connection would all be mad? with him for malting his will as he did but he could not help it." Thomasson said Felix McBride told him afterwards he "expected you will all be damned mad at me for the way the old man has made his will." Thomasson said the will that was spoken of was the will of record rather than a previous will * Deposition of Travers N. Hill taken at the same time & place. Said he knew Baker and had dealings with him. * Deposition of Samuel Thomasson taken at the same time and place. Said he met Richard Baker in company with Elijah Grace on their way to Madisonville to see Woodson (the clerk) on the 25th or 26th of December either 3 or 4 years next Christmas. Said they all appeared to be "lively" (drunk). Thomasson was on his way to Baker's at the time and when he got there found out that the men were on their way to have the will recorded. Said Baker always managed his own affairs and stayed clear of debt as far as he knew. * Deposition of Elijah Timmons taken at the same time and place. Said he was at Baker's house on Christmas day or the day after when the will was made. Said none of the company that set out for town was sober. Said Elijah Grace went to town barebacked and they galloped their horses and seemed in a hurry. Timmons said he lived near Baker and considered him clear of debt, careful and saving. Said he also considered him weak minded and childish. * Deposition of Samuel Woodson taken at the same time and place. Said he wrote a will for Richard Baker and did not believe Baker to be intoxicated or drunk at the time. "Mr. Baker called on me to write his will in the night at my own house. It contains I believe substantially the provisions of a will he produced on the occasion with some slight variations Mr. Baker stated that the object of his call was to get me to record the will he brought with him. I informed him it was not customary to record wills in the lifetime of the Testator. I believe sd. will was written by John B. Laffoon, esq." Woodson said he thought Baker was under the influence but couldn't tell whether it impaired his judgment. * Deposition of Joseph Robertson taken at the same time and place. "Some years since while McBride lived in this county he told me that James Baker nor his children should never have the negroes of Richard Baker Deceased if he could help it and he intended to use his influence to make Richard Baker deceased set his negroes free. He told me he could influence Richard Baker to cut them [the Bakers] out." [Apparently, this deposition was not admitted.] * Deposition of John B. Laffoon taken at the same time & place. Said he wrote a will for Richard Baker, but couldn't state the exact year. Said Felix McBride came for him.Present when the will was written: Mahala Thomasson, Felix McBride, E. Grace, McBride's wife and Richard Baker Deceased and wife. Said Baker was drinking but he didn't think him incapable of doing his business. Laffoon didn't think Baker was very bright but he wasn't a fool either. Said Elijah Grace was sober, but McBride was "very groggy." Laffoon said he didn't remember if McBride watched over his shoulder while he wrote the will. 8. 15 Aug 1829: * Depositions" taken by ? * Notice dated 11 August 1829 to James Baker from William Tear that depositions win be taken 15 August 1829 at the school house of Richard Legans Sr. from George Clark and wife, Joseph Davis and wife, and others; also on 17 August 1829 at the courthouse in Madisonville from Samuel Woodson. * Deposition of Toliver McGary taken at Richard Ligon's schoolhouse 15 August 1829. Lived near Richard Baker a short while. Heard Baker say that after the death of himself & wife he did not intend that his black people should serve any other person. Had seen Baker "groggy." * Deposition of Elizabeth Herrin taken at the same time and place. Said she had heard Richard Baker say (after he wrote his will) that after his & his wife's death he intended his slaves to be free and that they should not serve his or his wife's relations. Had seen Baker "lively" but not overly intoxicated. Appeared to have as much sense as other men. Deponent was 66 on January 2, 1829. * Deposition of Catharine Mitchell taken at the same time and place. Said she had heard Richard Baker before he made his will that he "intended to set his negroes free; that he had been advised to sell one but that he would not; that it would be hard for one of the same family to be a slave and the rest to be free." She said she heard him say "very shortly before he made his will that he had been uneasy and wanted to make his will and after he got some money which he talked about he would make it and have it recorded." She was not present when he made his will. * Deposition of John Herrintaken at the same time & place. Said he had heard Baker say sometimes when he had been drinking that he intended to free his negroes. * Deposition of Lucinda Davis taken at the some time and place. Said "But a short time before his last illness he came to my house and told me that he had made his will I replied are you sure you have done it right? He answered that John B. Laffoon had wrote one for him & that on carrying it to the clerk of the court (Woodson) who said a hole might be picked in it, and he requested him (the clerk) to write one that men nor Devils can't break." Said he was sober when he told her this and appeared well satisfied with his will. 9. 29 Aug 1829: * Depositions" taken by James Edmis* Deposition of Redick O'Bryan taken at Richard Ligon's schoolhouse 29 August 1829. Said he lived by Richard Baker 7-8 years and Baker seemed to manage his affairs. He was at Baker's house on the day John B. Laffoon wrote a will for him. Baker told him "his will was wrote by the above Gent., that he was well pleased with it, that by it his negroes after the death of himself & wife were to be free & I think he was as capable at that time as he usually was." O'Bryan knew that the will written by Laffoon was not the will now being contested. Said he thought the extent of McBride's influence over Baker was to encourage him to get his will written that day so his wishes regarding his slaves would be carried out. Said McBride called for one of the slaves to run and get more whiskey and he was ready to pay for it. * Deposition of Allen O'Bryan taken at the same time & place. Question: 'Did you or did you not in the life time of Richard Baker deceased propose an exchange of negroes with him; if so state his reply.' Answer: "On his return from Preaching he called at my house & stayed all night and I proposed to buy a negro woman of his, a man of mine having her for his wife. He said he never intended to part with any of his negroes; that after the death of his wife and himself he intended to free them and he was perfectly sober then." * Deposition of Joseph Davis taken at the same time and place. Davis, a neighbor of Baker's, said he managed his affairs well and had heard him say that he meant to set his negroes free after the deaths of himself and his wife. Davis met Baker coming back from Town the night he had made his will and Baker had been drinking. Davis said Baker once proposed to him that if Davis would let him have one of his sons to raise that the son should have all his negroes. * Deposition of Eunice Clark taken at the same time and place. Baker told her "at my house that his negroes had been with his Brother James Baker and that they were treated so bad he took them away and that he was determined they should have none of them; that he (Richard Baker) intended after the death of himself and wife his negroes should be free." Said he was sober when he said this. * Deposition of Nathan Hibbs taken at the same time and place. Had lived near neighbors to him three years and the fourth year a little farther off. Heard Baker say both when drinking and sober that he intended to set his slaves free. * Deposition of Samuel Downey taken at the same time and place. "I was acquainted with him about 13 or 14 [years] before his death and heard him speak of the subject only once that I recollect. Then he was at my house and when my wife's remarking that he had relations that he could give his estate to if he had no children he turned to me and said that he would as soon give his negroes to the children of this deponent as to his relations. He did not intend them (his relations) to own any of his negroes, but expected he would give Elijah Baker's children and Richard Baker (understood him to mean the son of James Baker)." * Deposition of Robert Downey taken at the same time & place. [Parts illegible.] Said he was not aware that Richard Baker drank too much or was a childish man. Said he thought his negro man had a good deal of the management [of Baker's home affairs], the old man Baker counselled with him - 'I have heard him do it." Said he never heard Baker say he intended to leave his slaves to his brother's children. Said he was present when Baker was drunk at Larkin Martin's house and Mrs. Catharine Mitchell was present * Deposition of Hugh Kirkwood Sr. taken at the same time and place. Said he had heard Baker say he intended to free his negroes after the deaths of himself & wife. 'I heard I&. Baker say once that if he left any of his property to his relations he had a Brother in Illinois who should enjoy part of it." [Elijah?] 9A. 01 Sep 1829 (filed): *Deposition of E. Grace" taken by Geo. H. Gordon, J.P. * Deposition of Elijah Grace taken at the house of John Teir in Trigg Co., KY, 24 August 1829. Acquainted with Richard Baker about 12 years before he wrote his will. "A few weeks before his death I had a conversation with him in which he told me he was well pleased in the manner he had made his will Was a witness to Baker's will and thought he was of sound disposing mind even though he had been drinking. Was with Baker when he went to Mr. Woodson's office. Thought Baker would have made the will even if Felix McBride had not been present. On the way to town, McBride gave Grace the will and told him he would pay him for his trouble, then McBride turned back. 10. 30 Dec 1829 (filed): "Depositions of E. Grace & others" taken by Hugh Kirkwood, J.P. Motion by the defendant for the court to instruct the jury on several points concerning the meaning of fraudulent interference. Deposition of Elkanah Grace taken at the house of Hugh Kirkwood, Esq., in Hopkins County, KY, 7 October 1829. Said he had known Richard Baker for 14 years and always thought him capable of doing what he wanted when in good health. Said he had heard Richard Baker say he intended to free his negroes and did not remember Baker saying what he intended to do with his other property, but thought he intended to leave Richard Baker and John Baker something. Grace said Felix McBride had told him that Richard Baker had made his will and had gone to town to record it. McBride said he had pushed him off and swore also that they were all mad at him, but he (McBride) didn't care because he would show them all that he had a bill of sale for all the negroes. Grace said he thought McBride was so drunk when making these statements that he didn't know what he was saying. Grace said Baker and McBride bad a difference of opinion when drinking and that McBride had "whipped" Baker. Deposition of Mary Grace taken at the same time and place. Said she had known Richard Baker for about 14 years before he died and that she had heard him say often that his slaves would be freed after he and his wife's lifetimes. She said Baker had told her when he was sober that he had made his will so that "they" could not get "holt" of them and that he was glad of it. She said she heard Felix McBride, the nephew of Baker, say that he had a 4- year-old bill of sale for Baker's negroes, but he was so drunk she did not pay attention. Deposition of Isaac Beeson taken at the same time and place. Said he had known Richard Baker 15-16 years before he died. He said he thought Baker was a fickle man who could be easily turned from his purpose by anyone who would persuade him. Had seen him drunk but not staggering. Deposition of Larkin Martin taken at the same time and place. Said he was well acquainted with Richard Baker and didn't believe him capable of doing business, especially when drinking. Said he was easily persuaded to anything by anyone who would take pains to do so. Said he thought Felix McBride had influence over him. Also said Baker was in the habit of getting drunk. However, he said Baker was industrious and lived as independently as his neighbors. Had heard him say while drinking that he meant to set his negroes free. Question: "Did or did not Baker tell you that Abner Martin was to have his negroes?" Answer: "As well as I recollect I heard him tell my father he should have his property, and I have heard him tell others they should have his property but don't now recollect who.' Martin said he had heard Baker say he intended to dispose of his property in a manner entirely different from the way it is in the will. Said Baker was not in the habit of trading much. Question: "Are or are you not one of heirs of James Baker, who is one of the complainants in this suit?' Answer: "I am but have no interest in the suit neither directly nor indirectly.' Deposition of Thirza Martin taken at the same time and place. Said Baker was in the habit of getting drunk and easily persuaded. Said he was drunk at her house sometime before his death and they were in the company of Mrs. Catherine Mitchell She said she thought Baker a very weak minded man. She said she had not interest in the suit and did not expect to gain or lose by it. She said she believed that Felix McBride and Richard Baker's wife were the cause of the will being made. She said Felix McBride was the nephew of Mrs. Baker. She said Baker lived independently. She said she was one of the [heirs, daughters?] of James Baker the compit. She signed her name Thirza N. or P. Martin. 11. 06 Mar 1830: 'Bill of Revivor" filed by Calhoun & Watkins [attny?] on behalf of "your orator William Thomasson administrator of James Baker, and your orator Richard T. Baker, Dixon Baker, Mahala Thomasson wife of sd. William 'Thomasson, Larkin Martin & Thirza his wife late 'Thirza Baker, Harriet Baker, Bartholomew Baker, Elijah Baker, William Baker, John Baker, Elizabeth Baker, Mary Ann Baker, the last seven of whom are infants under 21 years of age by Richard T. Baker their next friend would state your honor that their ancestor James Baker commenced in his lifetime a suit in chancery in your Honorable court against (Elijah Baker, James Baker) (Samuel Baker and Elizabeth Baker, James Baker) (Reuben Baker, Nancy Baker, Jane Baker & Pitty Baker) (Robert Legate, James Legate, Baker Legate, Allen Legate,) (Abner Martin Lucy Martin, Linsey Martin, Caleb Martin, James Martin, Larkin Martin, Molly Martin, Elizabeth,) (Sally Martin Charles Martin, Molly Martin, Benjamin Martin, Clarissa Martin and Susanna Martin)& William Teer." [NOTE: I BELIEVE THIS IS ERRONEOUS. THINK THE ORIGINAL SUIT ONLY NAMED THESE PEOPLE AS THE "RIGHTFUL HEIRS" IN CASE THE WILL WAS FOUND TO BE FRAUDULENT. DON'T BELIEVE THEY WERE EVER PARTIES TO THE ORIGINAL SUIT. CC] 'That since the filing of the said Bill the said James Baker has departed this life intestate and administration upon his Estate has been granted to your orator William Thomasson... your orators pray that his said suit be revived in their names against the said Deft...." 12. 22 Mar 1830: "Copy? Order" to notify Elizabeth Baker that the lawsuit had been revived by the heirs of James Baker, decd. 13. 31 May 1830: "Notice" from the defendants, William Tear and Elizabeth Baker, to the complainants that depositions will be taken from Samuel H. McGary and others on 5 June 1830 at the courthouse. 14. 31 May 1830 (filed): *Sundry Depositions" taken by Absalom Ashby, J.P. * Deposition of William Noel, taken at tavern house of William Noel in Madisonville, KY, 29 May 1830. Noel, who had known Richard Baker about 20 years, said Baker was frequently intoxicated and was intoxicated when he stopped at Noel's tavern in 1825 on the way to Samuel Woodson's to record his will. Also said he had frequently heard Richard Baker say that he intended to set his slaves free after the deaths of himself and his wife. Noel said Richard Baker lived about eight miles from town (Madisonville). * Deposition of Richard Pluyle?, taken at the same time & place. Had known Richard Bakerfor 10 years and had frequently seen him intoxicated. Thought Baker was 50 years old or older when he died. [At first, Pluyle? said he thought Felix McBride had great influence over the conduct of Richard Baker, including the disposition of his property in his will but seemed to retract this later in the deposition.] Pluyle? said he had heard Richard Baker say he intended that none of his possessions should be the [?] of his property except Elijah Baker and his children. Pluyle? also said Richard Baker's widow was the aunt of Felix McBride. * Deposition of John Downey taken at the same time And place. Downey said he knew Richard Baker from the spring of 1812 until his death. Said Richard Baker drank until he "got lively" but not so much that he could not walk. Downey also said he believed Felix McBride had influence over Baker, including how Baker made his will. Said Baker was weak minded, but never knew him to make a bad trade. * Deposition of Ambrose G. Gordon, taken 31 May 1830 at the same place. Gordon knew Baker for about 10 years or more before his death and had often seen him intoxicated. Baker frequently told Gordon that he would leave his property to Gordon when he died. Gordon also heard Baker tell others the same. Gordon had also heard Baker say that his negroes should never serve any man after his death and that he would set them free. * Deposition of William Gordon taken at the same time and place. Said he had known Richard Baker for 25-30 years. Gordon said Baker was in the habit of getting drunk, particularly in his latter days. Gordon didn't think Baker was capable of doing business. Richard Baker had told Gordon that he had made his will and that is was in and through the persuasions of McBride, but that the will was not in the state or county. Gordon had heard Richard Baker say frequently that he intended to free his negroes and that they should serve nobody after his death. 15. 08 Jun 1830 (filed): "Answer' of Elijah Baker, & James Baker Samuel Baker children & heirs of SamuelBaker decd., James Baker Reuben Baker Nancy Baker Jane Baker & Pitty Baker children of Robert Baker, Robert Legate James Legate Baker Legate & Allen Legate, Abner Martin, Lucy Martin, James Martin, Molly Martin, Elizabeth Martin, Charles Martin, Molly Martin, Benjamin Martin, Clarissa Martin & Susannah Martin to a Bill of Complaint exhibited against them and others ... by James Baker who is since dead & the suit revived in the name of his legal heirs. "These respondents now & at an times here after saving etc. reserving etc. for answer to said Bill or so much thereof as they conceive material answereth and saith they admit the allegations of complt's Bill & believe the Testator was not capable of making a will..." They side with the complainant in asking that the will be set aside and annulled. They also ask to be dismissed. Signed Elijah Baker etc. 16. 08 Jun 1830 (filed): *Depositions of S. G. McGary Etc." taken by E.F.R.? Woolfolk, J.P. * Deposition of Samuel G. H. McGary taken at the courthouse in Madisonville 5 May 1830. Acquainted with Richard Baker 4-5 years before his death and thought he had common sense and was able to manage his own business. Was at William Noel's tavern on the night Baker stopped there on his way to having his will recorded at Samuel Woodson's. Didn't believe Baker was intoxicated enough to disqualify him from doing business. Said he heard Baker say he intended that his negroes should be set free at his death. Said he always understood William 'Thomasson's wife was the daughter of James Baker. * Deposition of John Ray taken at the same time & place. Was acquainted with Richard Baker several years before his death and considered him of sound mind. Ray was Baker's physician during his last illness. Said he always understood that William Thomasson's wife was the daughter of James Baker. Said he had frequently seen Richard Baker intoxicated. * Deposition of Barnabas Sisk taken at the same time & place. Was acquainted with Richard Baker about 24 years and knew him as a man who managed his business well Heard him say before he made his will that he intended to set his negroes free after his & his wife's death. * Deposition of Arthur Babb taken at the same time and place. Acquainted with Richard Baker about 7 years. Said he knew that William Thomasson was married to the daughter of James Baker deceased and that Larkin Martin married another daughter of James Baker and she is his present wife. * Deposition of Asa Sisk taken at the same time and place. Acquainted with Richard Baker 10-12 years and never saw him incapable of attending to business. 17. 05 Jul 1830: *Summons' directed to the Sheriff of Trigg Co., KY, for Elijah Grace to appear in the Hopkins Co. circuit court 3 Sep 1830. 18. 05 Jul 1830: "Summons" directed to the Sheriff of Caldwell Co., KY, for William Tier to appear in the Hopkins Co. circuit court 3 Sep 1830. 19. 27 Aug 1830: "Summons" directed to the Sheriff of Hopkins Co., KY, for Thomas Gaunt to appear in court 3 September 1830. 20. 08 Sep 1830: "Bond" for $1000 from William Thomasson, admin. of James Baker dec'd., James H.Gaunt, Hardin H. Thomasson and Richard (or D.?) Baker to Elizabeth Baker, devisee of Richard Baker dec'd. to cover damages she might sustain because of an order of the court that the Sheriff of Hopkins Co. take custody of her slaves during the pending lawsuit. (She was given the option of posting a $3000 bond promising not to remove them from the county.) 21. 05 Feb 1831: "Summons" directed to the Sheriff of Hopkins Co., KY, for Allen O'Bryan, Reddick O'Bryan Barnabas Sisk, Asa Sisk Arthur Babbs, Samuel Downey, Joseph Davis & Lucindahis wife, George Clark & Unice his wife & Howard Findley to appear in court 1 March 1831. 22. 26 Feb 1831: "Summons" directed to the Sheriff of Hopkins Co., KY, for Hugh Kirkwood Jr. & Thomas Williams to appear in court 1 March 1831. 23. 08 Mar 1831: "Summons' directed to the Sheriff of Hopkins Co., KY, for Arthur Babb to appear in court 3 March 1831. 24. 08 Mar 1831: "Summons" directed to the Sheriff of Hopkins Co., KY, for James Nesbit Jr. & Alvin Berry to appear in court 2 March 1831. 25. 16 May 1831: "Summons' directed to any Constable of Trigg Co., KY, for Elijah Grace, John Tear, Elizabeth Grace, Sally Tear, Frederic Meraday, Susan Meraday and Silas Franklin to appear before the undersigned, Geo. H. Gordon, J.P. 26. 23 May 1831 (rec.): "Notice' from John Laffoon, agent for Elizabeth Baker, of depositions to be taken from William Gordon and others at the law office of Iredell Hart in Madisonville on 30 May 1831. 27. 27 May 1831 (filed: *Deposition of Wm. Tear (Rejected)" taken by Meredith Myers, J.P. * Notice from John B. Laffoon agent for Elizabeth Baker to William Thomasson that depositions would be taken at the home of Sarah Muser 24 May 1831 from William Tear and others. * Deposition of William Tear taken at the home of Sarah Munser, widow of Jonas Munser, in Hopkins Co., KY, 24 May 1831. [NOTE: THIS DEPOSITION NOT COPIED IN CORRECT PAGE ORDER. CC] Had known Richard Baker about 21 years. Said Baker lived with Ws wife 14-15 years before Ws death. "I always heard him say that after his and his wife's death that his negroes should be free and as respecting his other property he told me that he wanted to give his land and one bed to his Brother Elijah's son James and the rest of his property to his Brother James's son Richard if he behaved himself." Said Felix McBride left the country three or four years before Baker made his will and he didn't think Baker had seenMcBride in the meantime. "I left Wm (McBride) in the State of Illinois 75 miles on the other side of Salene lick and I came on home on one night and he came to my house the next night and then he stayed with me three days afterwards... and one week and on to Mr. Baker's together." The party that went to Baker's house from Tear's included Tear's daughter Nancy, McBride and son, and Tear. Tear and his daughter were with Baker when Laffoon wrote his will. On the day of writing the will, Baker 'drank 2 drams in the morning and when afterwards asked to drink he positively refused saying he intended to have his will wrote that day and that he intended to keep sober." Tear said he also was present when Woodson wrote the will after finding some deficiency in the one written by I-Laffoon. Said Baker was of sound mind at that time also. Said he was the brother of Elizabeth Baker, widow of Richard Baker. [PARTS ARE DIFFICULT TO READ. THINK HE WAS ASKED IF ELIZABETH BAKER WAS PLANNING TO MOVE TO FELIX MCBRIDE'S IN ILLINOIS AND TEEAR DENIED IT. CC] Said Felix McBride is his nephew and Elizabeth Baker's nephew. Said they went to town so late that night to get the win recorded because Baker wanted Teear to go with him to see the clerk and Teear said he had to go home in the morning. 'When the will was written [by I-Laffoon] and folded up, [McBride] took it and called his son William and told him he must take it to town and get it recorded and Mr. Baker told him he should not do it, he intended to see to that business himself and McBride turned back after going about half a mile with us for what case I cannot tell." Teear said that after the will was read that Laffoon had written [while still at Baker's house], McBride turned to his son and said get your bridle for by God this is no place for us and sd. Baker replied Felix is mad and I don't care if he is." 28. 27 May 1831 (filed): "Depositions of G. Kesterson, Letticia Tear and Nancy A. Tear (Letticia Tear's Depo'n. rejected)" taken by William Snelling, J.P. Notice to William 'Thomasson from John B. Laffoon (agent for Eliz. Baker) of depositions to be taken during May 1831 in CaldwelL Trigg and Hopkins counties. Deposition of George Kesterson taken at the house of William Tear in Caldwell Co., KY, 13 May 1831. Knew Richard Baker about 10 years and kept a stud horse at his house and believed Baker to be capable of managing his business. Baker had told him the story of how he had made his will and was not intoxicated at the time. Had known William & Letticia Tear for 25 years and Nancy Tear since she was a child and believes them to be honest people. Deposition of Letticia Tear taken at the same time and place. Had known Richard Baker 19-20 years and believed him to manage his affairs capably. "I heard him say that he intended to set his negroes free, that they never should serve any other person after his and Betsey's death. He said his brother had treated him so mean that he would be damned if he ever should have any of them. He said he had a tract of land he intended to leave to his brother's son." Said Richard and Betsey were married 10-12 years before his death. She lived about 20 miles from Baker during his lifetime. Admitted she is the lawful wife of William Tear, defendant. Deposition of Nancy A. Tear taken at the same time and place. Remembered well that she went with her father William Tear, Felix McBride and his son to Richard Baker's on the day before Baker had his will written. She was present when the will was written by I-Laffoon on the next day (the day after Christmas, she said later) and when it was signed and witnessed, although she left the house two or three times a few minutes at a time. "When sitting at breakfast [Baker] said something to aunt Elizabeth Baker about some money he got from Mr. O'Bryan to pay for his will and Felix McBride offered to lend him money if he needed it. And Uncle did not seem to like it and told McBride he had money a-plenty of his own." Said she heard Baker say that since everyone had come to see him that he would send for somebody to write his will which he had wanted to do for some time. Then Felix McBride offered to go after anyone that Baker wished to write the will and he was sent to get Laffoon. Said that after McBride went to fetch Laffoon, Baker was offered liquor several times but refused it saying he wanted to stay sober so that the will would be done right. Said Felix McBride did not try to influence the writing of the will. After Laffoon wrote it and it was read to the people in the house, she said Felix McBride told his son to get his bridle for he would be damned if that was any place for them. Uncle Baker turned around to Mr. Laffoon and observed that Felix was mad but he'd be damned if he cared. People in the house when the will was read: herself, her father, Aunt Betsey Baker, Richard Baker, Felix McBride, William McBride, Elijah Grace, Mr. Laffoon. "Father and Uncle Richard started to town the same evening and when they talked of starting Father said he did not want to go if Felix McBride went and Uncle Richard turned round to Father and said he would be damned if he would go one step if Father did not go with him and Father, Uncle and Felix McBride started at or near the same time. They started very late in the evening at or near sunset" She said the reason her father and Elijah Grace and Richard Baker started to town so late was because her Uncle Richard wanted her father with him and her father said he was obliged to leave in the morning. She and her father left the Bakers the next day and her father carried with him Richard Baker's will which he kept until Baker died. When Baker handed her father the will she said he told her father "to keep it till his death and as quick as he heard the breath was out of his body to come and have it recorded if my father was the longest liver." Asked about Baker's treatment of his negro children, she said "I always thought he had the same care over them that parents have over their children and seemed to have more than some I have seen." She said her father William Tear is a brother of Richard Baker's widow. She also said Felix McBride is her Aunt Betsey Baker's nephew. 29. 27 May 1831 (filed): 'Depositions of Elizabeth Grace, Elijah Grace, Sarah Tear and Sarah Meredith" taken by Geo. H. Gordon, J.P. Deposition of Elizabeth Grace taken at the house of Elijah Grace in Trigg Co., KY, 16 May 1831. Knew Richard Baker about 8 years before his death and believed him capable of disposing of his property any way he saw fit "I heard him say he had made his will and that he was perfectly satisfied with the way that he had made it, and that his Brother James Baker and Abner Martin had always been beating and abusing him about his negroes, but he would be damned if they should have them." Said Baker was sober when he said this. Deposition of Elijah Grace taken at the same time & place. Said he was present when Laffoon wrote the first will and was a subscribing witness. Said he saw Baker sign the will and believed him to be of sound mind at the time. Had heard Baker earlier decline to drink two or three times. Said he didn't believe Felix McBride influenced the writing of the will and related the story of how McBride was mad after the will was read. Heard Baker tell McBride that if he did not or could not behave himself better to leave his house. Grace said he went with Baker and William Tear to town that evening to get the will recorded. Said they left so late because Baker didn't intend to have the will recorded unless Mr. Tear went with him and Tear said he must return home the next morning. "I rode about three quarters of a mile bareback and the cause was that I got my saddle burnt up a few weeks before and had to ride that distance to borrow one.... I believe the whiskey was out before we left said decedent's and I believe that neither said decedent nor Tear were intoxicated when we started, and we took no whiskey with us, but got one half pint after we got to town and no more, and then went on to Mr. Woodson's." Grace also was present when Woodson wrote the second will and saw Baker sign the will. "I have heard [Baker] say in his lifetime that he intended at his and his wife's death to set his negroes free, and that he intended to give his land and one bed to his Brother Elijah's son James and the balance of his property to his brother James's son Richard. Said he was acquainted with Baker about 12 years before his death and had often heard him say he intended to free his negroes. Grace said on the way to town, McBride gave the will to Grace and told him to go on and have it recorded and McBride would see that Grace was paid for it. * Deposition of Sarah Tear taken at the same time and place. Acquainted with Richard Baker about 8 years before his death and believed him capable of managing his affairs. "I have heard him say that he intended to set his negroes free at his and his wife's death and that Richard Baker, son of James Baker, and James Baker, son of Elijah Baker, was to have the balance of his property, to the best of my belief." * Deposition of Susan Meredith taken at the same time and place. Acquainted with Richard Baker about 8 years before his death and believed him capable of managing his affairs. Thought he seemed well satisfied with the making of his win. 30. 27 May 1831 (filed): *Depositions of C. Darnaby, H. Kirkwood, Js. Nesbit, S. Woodson' taken by Absalom Ashby, J.P. Deposition of Cornelious Darnaby taken at the tavern house of William Wilson in Madisonville on 27 May 1831. Said it had been about six years since he became acquainted with Baker (knew him for 4-5 months before his death). Said he heard Baker say his negroes should not serve any person after the death of himself and wife and the rest of his property he should give to his connections. Baker told him he had made his will and appeared pleased. Said he was not in his company enough to know whether he was often intoxicated. Deposition of Hugh Kirkwood Sr. taken at the same time and place. Knew Richard Baker for 12-13 years before his death. Said he had a reasonable mind and appeared to be able to dispose of his property by will or otherwise. "I have heard him say that his negroes should be free at the death of himself and wife and that he had a relation in Illinois [who] should [have] a part of his property but did not mention negroes as I recollect.... I always thought that the old Gentleman was very tender with his negroes." Said he had known Elijah Grace 10-11 years and believed him to be honest. Said he had known Samuel Woodson about 20 years and believed him to be honest 11 I know that McBride had been from the country some time previous to Baker's death. McBride was at my house all night but do no recollect whether it was before or after Baker's death. Thought Baker lived with his wife 10 years or so. Said Richard Baker sometimes drank too much, but didn't know if he was incapable of making a valid will. * Deposition of James Nesbitt Sr. taken at the same time and place. Said he had known Richard Baker at least 20 years. He had heard Baker say several times he intended to set his slaves free at the death of himself and wife. Said he had known Samuel Woodson more than 20 years and believed him to be honest. * Deposition of Samuel Woodson taken at the same time and place. Said he knew Mr. Baker several years previous to his death. Said he wrote the will of Richard Baker and had seen a previous will written by John B. Laffoon. "He asked my opinion of it [the will written by Laffoon], I read it and informed him I thought it was defective. He then requested me to write him one that should be good. I then wrote the will in contest." Said he did not know Baker well enough to judge the soundness of his mind. Said Elijah Grace was present and witnessed the will. "It was in the night before bedtime when he came and I wrote the will immediately afterwards." Said William Tear was with Baker. Exclusive of the slaves, Baker's estates was appraised to $466.75. 31. 27 May 1831 (filed): *Depositions of N. Fox, H. Finley, N. Hibbs, U. Clark, G. Clark, T. Davis Sr., Jere. Fox" taken by Hugh Kirkwood, J.P. Deposition of Noah Fox taken at the house of Howard Finley in Hopkins Co., 20 May 1831. Said he had known Richard Baker at least 20 years and knew him to be capable of managing his affairs. Fox said Baker told him he planned to free his slaves and that he said this before his marriage. Deposition of Howard Finley taken at the same time & place. Had known Richard Baker 18-19 years and he believed him capable of managing his affairs. Heard him say after his marriage that he intended to set his slaves free after the death of himself & wife. 'I heard him joking with my son George and said he would make him his heir if he would come and live with him then he turned and replied he was only a-joking that he never intended that they should serve any person but himself and wife." Deposition of Nathan Hibbs taken at the same time & place. Knew Richard Baker 7-8 years prior to his death and thought him capable of disposing of his property. Had heard him say frequently that he intended to free his slaves. Said he was remarkably tender and fond of his slaves. Said he knew the following persons to be honest: Elijah Grace and Elizabeth Grace his wife, Sarah Tear and Susan Meredeth. Had seen Richard Baker intoxicated, but not so much he was unable to manage his affairs. * Deposition of Eunice Clark taken at the same time & place. Said she was acquainted with Richard Baker 17-18 years. Said Baker lived with his wife 16-17 years. Said he managed his affairs well and said he would free his slaves upon the deaths of himself & wife. Said she had known the following 12-13 years and believed them to be honest: Elijah Grace and Elizabeth Grace, Sarah Tear and Susan Meredeth. Said she lived a couple of miles from Richard Baker's residence. Said she never saw him drunk in his life. Deposition of George Clark taken at the same time and place. Acquainted with Richard Baker 18 years and thought he managed his affairs capably. Believed the following to be honest people: Elijah Grace, Elizabeth Grace his wife, Sarah Tear, Susan Meredith and William Tear. Said he had heard that Felix McBride once beat Richard Baker very severely. Deposition of Thomas Davis Sr. taken at the same time and place. Knew Richard Baker about 15 years and believed him capable of managing his affairs. "Since his marriage he has told that his negroes should be free after-his and his wife's death that he had labored hard for them and he had come by them honestly and that he was determined they should not serve any of his connections after his and his wife's decease.' Said he thought Richard Baker was 'a man of common sense among illiterate men." Deposition of Jeremiah Fox taken at the same time and place. Acquainted with Richard Baker about 20 years. Heard him say frequently he intended to set his negroes free at the death of himself and his wife "and if any other person ever got any of his other property it should be his brother Elijah's son." Said it had been 15-16 years since the decedent's marriage 32. 30 May 1831 (filed): "Depositions of C. Hall, R. Downey, Tho. Gaunt, F.M. Noel" taken by Absalom Ashby, J.P. Deposition of Caleb Hall taken at the law office of Iredell Hart, Madisonville, Hopkins Co., KY. Said he had known Richard Baker about 25 years. Never thought he had a strong mind; Baker was subject to intoxication. Said he thought Baker was influenced by his wife and Felix McBride could influence him in the disposition of his property. Said Baker was friendly with McBride. Deposition of Robert Downey taken at the same time and place. Knew Richard Baker about 15-16 six years previous to his death and was a neighbor for the last six years. Said he was weak minded and in the habit of becoming intoxicated. Said he heard Baker say his wife was continually at him to free his negroes. Also said he heard Baker say that his wife would not give a damn if the negroes were free or not if Felix and her relatives could get them rather than his relatives. Said he had heard Baker say his negroes should serve nobody after his and his wife's death. Downey said that Richard Baker had told him he had made his will and further said: 'he reckoned that they would all be as mad with him as the Devil he also stated to me that he had got John B. Laffoon to write his will for him and that he brought the will to town and asked Mr. Woodson to look at it and say whether or not it was a good will and if it was not a good will that he would bum it and that he wanted Woodson to write him one that the Devil could not break." Downey said Baker was very tender and fond of his negroes. Deposition of Thomas Gaunt taken at the same time & place. Said he knew Richard Baker 15-16 years. Gaunt also said he believed McBride influenced the making of Baker's will. 'McBride stated to me that he had got old Uncle Dick to make his will and that it did not cost him more than two or two and a half gallons of whiskey." [This statement was later strickenfrom record.] Deposition of Franklin M. Noel taken at the same time & place. Said he knew Richard Baker 10-12 years. [Franklin M. Noel apparently was the son of tavem-keeper William Noel and was present when Baker, Elijah Grace and William Tear stopped there on their way to Woodson's.] Said the men bought a couple of half pints while there, but did not drink all. 33. 04 Jun 1831 (filed): "Depositions of P. H. Gaunt Wm. Gordon, P. Lynn, James Lynn, Am. G. Gordon" by Absalom Ashby, J.P. Deposition of James H. Gaunt taken at the law office of Iredell Hart in Madisonville, KY, 3 June 1831. Knew Richard Baker 6-7 years before his death. Said he heard Baker say that he had been persuaded and influenced by Felix McBride to make his will He said Baker also intended to alter or revoke the will Deposition of William Gordon taken at the same time and place. Said Richard Baker was addicted to intoxication. Thought he was not capable of disposing of his property by will or otherwise rationally when under the influence. Said Baker "rode up by my side and asked me if I had heard he had made his will. I told I had, he then went on to tell me that it was through the persuasions of McBride that he had done so, and that the will was either out of the state or out of the county I am not certain what, and that he did not expect to see it any more." Said that some time after Baker's death he heard that Elizabeth Baker was making preparations to move, and to take the negroes named in said will to Illinois to where Felix McBride lived. "I called to see her and told her she must not go as I was bound as security for some of the property. She told me that she would not go." Said he had known Richard Baker about 33 years before his death. Said he had heard Baker say he intended to free his negroes and that they should serve nobody after his death. "When I first knew him he had no negroes. I think about 1804 or 1805 he came in to what is now Hopkins County and had three negroes (a boy and two girls) and went to live with a nephew of his as he was not married and then said that he was going to give his negroes to the children of his nephew that he was living with. While he was living there he married and after his marriage I frequently heard him say that he intended to free his negroes." Said Baker lived with wife 10-12 years or perhaps longer. Also said he frequently heard Baker say he intended to give his negroes to one of his relations, and then to another -- sometimes on the same day. * Deposition of James Lynn taken at the same time and place. He said he knew Richard Baker for several years and that he was given to intoxication. 'I asked Mr. Baker how he came to [make his will the way he did]. I asked him if he had no children nor brothers and sisters. He told me he had a brother. I asked him if he did not think he had done wrong. He said he did not doubt that he said he could get no rest till he did do so. He said he was persuaded to do so by McBride. And as I came from his [?] I saw McBride and asked him how it had happened that Mr. Baker had all his negroes. Says he by God I was the cause of it. [This statement was rejected by the court, apparently.] Lynn said that when he talked to Baker about freeing his negroes, Baker said Lynn, you know when liquor is in wit is out. * Deposition of Pitts Lynn taken at the same time & place. Said he was acquainted with Baker for some time previous to his death and that he generally saw him drinking in Madisonville. * Deposition of Ambrose G. Gordon at the same place on 4 June 1831. Said Richard Baker was addicted to intoxication and that he was unable to act rationally when under the influence. 'I have heard him say that his niece Thirza Baker (now Martin) should have his negroes after his death, at other times while under the influence of spirits I have heard him say other individuals should heir his Estate, and frequently that I should have his negroes." Said he never heard Baker mention the disposal of his property when sober. 34. No date: Note from Calhoun & Watkins [attny?] for theComplainants: "The Complt. says that the paper mentioned in the bill marked "A" is not the last will and testament of Richard Baker decd. and this [?] are ready to verify...' Not labelled or dated. 35. No date: Note from Thompson Etc. [attny?) for the Defendants: 'This Defendant comes into court and says that the writing in the Complainant's Bill & this Defendant answer named and referred to purporting to be the last will & testament of Richard Baker Decd. is in fact the last will & testament of said Baker decd. & this she is ready to verify etc." Not labelled or dated. 36. 08 Jun 1831: "Exceptions" filed by B. Shackelford. Said jury candidate Thos. Carr was dismissed because he was born in Ireland and had not been naturalized. 37. No date: Jury instructions? Not labeled or dated. 38. No date: Motion by the Complt. for the court to instruct the jury regarding points to consider when determining whether the will was valid. Not labelled or dated. 39. No date: Motion by the complt. for the court to instruct the jury.... Not labelled or dated. 40. No date: 'Decree." 'This day came the parties by their counsel and thereupon this cause came on to be heard upon the bill, amended bill bill of revivor, answers, depositions and exhibits filed & the verdict of the jury returned on yesterday and the court being sufficiently advised of and concerning the premises, adjudge, order and decree that the complts. bill be and the same is hereby dismissed and the restraining order and injunction be discharged and it is further decreed and ordered that the complts. pay to defts. Wm. Tear and Elizabeth Baker their costs herein expended, the said adminr. of James Baker out of the assets in his hands to be administered if so much there be, if not then that the complts. pay out of their own property." 41. ?? Sept 1833: "Bill of Costs' showing court costs for the case. sunimaze@earthlink.net
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