BAKER, HILERY

State of North Carolina
Tyrrell County
Book 1, page 163
Dated 19 May 1787

In the name of God amen: I Hilery Baker being weak of body but of perfect mind do ordain this my last Will and Testament in the manner and form as followeth Viz. After all my just debts being paid, I give and bequeath my land unto my beloved wife Ann on conditions she should not be with child by me but if she should bare a child by me then my land to be the childs if it lives to arrive unto the age of twenty one years but if should mot be with child, or if the child should not arrive to age. Then I give all my land unto my afsd. wife to her and her heirs and assigns forever and all the rest of my Estate and I do ordain and appoint my wife Ann my whole and sole Executrix unto this my last Will and Testament H B. the Savannah land which I took up I desire to be sold and my wife to make a deed for the same in order to discharge my debts.

May 19th day 1787 Sealed Sign'd and Publish'd in presence of us.

Hilre Baker (Seal)

John Poole
Bartlet Jones


Tyrrell County Jany Term 1790
Personally appeared John Poole Esqr. and made oath on the Holy Evangelist of Almighty God that he saw and heard Hillary Baker above named, sign, seal, publish, pronounce & declare the above instrument of writing to be his last will & testament and at that time he was of sound disposing mind and memory and at the same time he saw Bartlet Jones a subscribing witness sign his name thereto and further saith not.
Test Mackey Clk.


North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.05), Box 5
Baker, Hilre, 1814


Receipt signed by Dread Baker on 4 Jan 1814 acknowledging receipt of twenty pounds from Harry W. Baker as his part in full of the estate of Hilre Baker deceased with Richard Baker witness.

Two receipts on the same sheet of paper, both dated 10 Jan 1814. One by Liday Baker acknowledging receipt of twenty pounds from Harry W. Baker as her part in full of the estate of Hilre Baker deceased with John Parker witness. The other by Silvia Parker acknowledging receipt of twenty pounds from Harry W. Baker as her part in full of the estate of Hilre Baker deceased with John Parker witness.

Receipt signed by Selah Hill on 25 Apr 1814 acknowledging receipt of twenty dollars from Harry W. Baker as her part of the estate of Hilre Baker deceased with Isiah Smith witness.

Receipt signed by Elizabeth Smith on 6 May 1815 acknowledging receipt of ten pounds from Harry W. Baker as her part of the estate of Hilre Baker deceased with Leaven Sawyer witness.


Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Hilery Baker to Ann Ewen on 4 Jul 1786, John Poole security; also Dred Baker to Cassandra Brinn on 28 Apr 1792, John Poole security; also Benjamin Baker to Mary Fox on 8 Jul 1789, Robt. McAlister security; also Benjamin Baker to Sarah Cook on 24 Jan 1792, John Poole security; also Benjamin Baker to Edee Irdell on 23 Apr 1793, John Clayton security; also Henry Baker to Penelopy Ralph on 15 Nov 1794. Peter Brickhouse security.
Tyrrell County Deed Book 11, page 29. State grant number 498 to Hillery Baker on 18 May 1789 for 500 acres on the west side of Great Alligator River joining Anthony Ward, John Pool, Clayton & Bartlett Jones. Registered 27 Apr 1792.
Tyrrell County Deed Book 10, page 428. Hillery Baker & Ann Baker his wife of Tyrrell County sell 500 acres to James Cahoon son of William for 50 pounds on 19 Dec 1789. Land is in the backwoods of Gum Neck settlement joining Benjamin Baker, Clayton, Bartlett Jones. Witnesses are John Poole, Benjamin Baker & William Neel. Proved Jan Ct 1790 by John Poole Esq. and registered 11 Mar 1790.
Tyrrell County Deed Book 11, page 332. Benjamin Baker Senr. of Tyrrell County sells 66 1/2 acres, which is 1/3 of the tract whereon Benjamin Baker Senr. now lives, to Benjamin Baker Junr. for 200 pounds. Land joins Dred Baker, Jones, Gibson & Clayton. Witnessed by John Clayton & Thomas Wood. Proved Jan Ct 1794 on oath of John Clayton and registered 27 Feb 1794.
Tyrrell County Deed Book 11, page 333. Obadiah Laurence & Rachel Laurence of Tyrrell County sell a tract of land to Benjamin Baker of Tyrrell County for 200 pounds on 19 Feb 1793. Tract lies on the south side of Albemarle Sound joining Willis Cooper, Seven Beaverdam Swamp, Thirty Tree Swamp and the sound. It was formerly owned by James Fox and inherited by Rachel Laurence. Witnesses are Thos. Hopkins & Jacobus Heath. Proved Jan Ct 1794 on oath of Thomas Hopkins. {Rachel (Fox) Laurence was a sister of Mary Fox, wife of Benjamin Baker Junr.}
Tyrrell County Deed Book 11, page 335. Benjamin Baker of Tyrrell County gives 66 2/3 acres to his son, Dread Baker, on 19 Sep 1792. Tract is one third of the land upon which Benjamin Baker now lives joining John Clayton. Witnesses are Thomas Wood & John Clayton. Proved Jan Ct 1794 on oath of John Clayton and registered 27 Feb 1794.
Tyrrell County Deed Book 11, page 336. Benjamin Baker Senr. gives 66 1/2 acres to his son, Henry Baker, on 25 Jan 1794. Land is 1/3 of a patent, is land upon which he now lives and he maintains a life estate. Witnesses are T. Wood & Benjamin Baker. Proved Jan Ct 1794 by Benjamin Baker Junr. and registered 27 Jan 1794.
Since Hillary Baker died not long after his marriage and apparently without issue according to his will, his siblings would inherit his estate. From the above deeds it is apparent that his father was Benjamin Baker Senr. and his male siblings were Dred Baker & Henry Baker. The receipts show Dred Baker's full share, a known sibling, as 20 pounds, so Liday Baker and Silvia Parker should also be siblings. Since Selah Hill and Elizabeth Smith got half shares, they are probably the children of another sibling, possibly of Benjamin Baker Junr. or Henry Baker. Keep in mind that all of the receipts may no longer exist, so there may be others who received shares of the estate of Hillary Baker.


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Updated June 11, 2020
Jean H. Pennell