Independence County, Arkansas
Deed Book G, pages 495, 496, 497 & 498

Solomon Hess's heirs
Agreement

This indenture witnesseth that whereas Solomon Hess, late of Independence County, State of Arkansas, departed this life leaving a last will and testament and Nancy Hess his widow, and who was by said will appointed executrix thereof and William Hess, Joseph Hess, Martin M. Hess, Hiram Hess, Thomas R. Hess, Mary B. Hess and Elvy Jane Hess, his sons and daughters him surviving. And whereas by the said last will and testament of the said Solomon Hess, deceased, he bequeathed unto his said son William Hess his full portion of his said estate, real and personal, which full share the said William Hess has received his full share of said estate. And by said will the said Solomon bequeathed to the said Joseph Hess in property to the value of eighty dollars and that upon the final division of the residue of his property the said Joseph should account for the sum or value of forty dollars; and by the said will the said Solomon bequeathed to his said wife, Nancy Hess, all the residue of his estate both real and personal during her natural life and that she should pay all his just debts, and to raise his children until they are twenty-one years old or until they left her, at which time she was to give to each of them one horse worth forty dollars, and to each of them as they became married as much of his estate willed to her as she might judge to be proper to be valued at a fair valuation that they all might share equally the residue of his property and that after the death of his said wife Nancy Hess, all his property should be sold and the money divided equally between his said children with the exception of William who had got his full share and Joseph who had received forty dollars of his share: and whereas the said Nancy Hess was by said will appointed executrix thereof and she took upon herself the burden of said will, and has paid all the debts which the said Solomon Hess owed at the time of his death, and has paid to each of said children a horse worth forty dollars according to the direction of said will, and has raised and educated said children, and fully executed said will as far as it was or is in her power to do, according to the terms of said will and the true intent and spirit thereof. And whereas the said Joseph Hess has removed to the Territory of Oregon and with the intention never to return to this country again. And whereas the said Martin M., Hiram, Thomas R. and Mary B. each have married, and each of whom are now of lawful age, and the said Elvy Jane has had at her own instance and request her brother, William Hess, appointed by the Probate Court of Independence County, State of Arkansas, her lawful guardian. And whereas the said Martin M., Hiram, Thomas R., Mary B. and Elvy Jane are anxious to settle themselves in the world and to make partition of the real estate of which the said Solomon died seized or possessed and whereas the said Nancy Hess, for the purpose of enabling them to do so is willing and desirous to relinquish and release to each of them her interest or life estate in and to said lands, and whereas the said Martin M., Hiram, Thomas R., James T. Bone and Mary B. his wife, and the said Elvy Jane by her said guardian William Hess, have made partition of the real estate of which the said Solomon died seized and possessed amongst themselves:

By which partition they have set apart the said Martin M. Hess to hold in severally and his own absolute property in fee simple to him and his heirs forever, the following described tract or parcel of land situated in the county of Independence aforesaid to wit: The south-west fractional quarter south of White River, of section no. 5, in township no. thirteen north, of range no. eight west, containing 94 36/100 acres more or less with all the improvements and appearances to the same in any wise belonging:

(page 496:)
And by which partition they have set apart to the said Hiram Hess, to hold absolutely in severally in fee simple to him and his heirs forever the following described tract of land situated in the county of Independence aforesaid (to wit): The north-west fractional quarter of the south-west fractional quarter of section number six, in township no. thirteen north, of range no. six west, containing 40 32/100 acres more or less. Also the north-east quarter of the south-east quarter of section one, in township no. thirteen north, of range no. nine west, containing forty acres more or less together with all the improvements and appurtenances to the said tracts of land or either of them in any wise belonging. And by which partition they have set apart to the said James T. Bone and Mary B. his wife in right of his said wife, Mary B., to be held by them absolutely in severally in fee simple to them and their heirs forever, the following described tract or parcel of land situated in the county of Independence aforesaid (to wit): One hundred acres more or less, or so much of the south-east _____ ____ of section sixteen, in township thirteen north, of tract up to the creek including all of said tract of land situated and being between said spring branch and said creek, together with all the improvements and appurtenances to the same ____ any wise belonging: And by which partition they have set apart to the said Thomas R. Hess to be held by him in severally absolutely in fee simple by him and his heirs forever the following described tract or parcel of land situated in the county of Independence aforesaid to wit: All that part of the south-east fractional quarter of section sixteen, in township no. thirteen north, of range no. eight west, lying south-east of the spring branch which runs through said tract of land which part of said tract so set apart to the said Thomas R. is estimated to contain one hundred acres more or less; together with all the improvements and appurtenances to the same in any wise belonging to the said Thomas R. and his heirs forever: And by which partition they set apart to Elvy Jane Hess to be held by her in severalty absolutely in fee simple to her and her heirs forever the following described tract or parcel of land situated in the county of Independence aforesaid to wit: All that part of the south-east quarter of section sixteen, in township thirteen north,of range no. eight west, lying north-west of the creek which runs through said tract of land together with all the improvements and appurtenances to the same in any wise belonging to her and her heirs forever; Which lands so set apart to the said heirs of the said Solomon Hess, deceased, is all the lands of which he did possess: And I, the said Nancy Hess, widow of the said Solomon Hess, deceased, do hereby release and quit claim all my right, estate, title, interest and claim in said lands to each of the parties to whom the same is set apart and their heirs forever in consideration of my love and affection for each of them and in consideration of the premise herein before stated.

And we, Hiram Hess and Sarah Hess his wife, Thomas R. Hess and Harriett his wife, James T. Bone and Mary B. his wife and Elvy Jane Hess do hereby release and quit claim unto the said Martin M. Hess and his heirs forever all our interest, estate, right and title to the tracts of land above described as being set apart to the said Martin M. Hess.

And we, Martin M. Hess and Jane his wife, Thomas R. Hess and Harriett his wife, James T. Bone and Mary B. his wife and Elvy Jane Hess do hereby in consideration of the premises release, relinquish and quit claim unto the said Hiram Hess and his heirs forever all our right, title, estate, interest and claim in and to the tracts of land so set apart as afore described to the said Hiram Hess and his heirs forever.

And we the said Martin M. Hess and Jane his wife, Hiram Hess and Sarah his wife, James T. Bone and Mary B. his wife and Elvy Jane Hess in consideration of the premises do hereby, grant, bargain, sell, release, relinquish and quit claim unto the said Thomas R. Hess and his heirs forever all our right, estate, interest and claim in and to the tracts of land above described as being set apart to the said Thomas R. Hess and his heirs forever.

And we the said Martin M. Hess and Jane his wife, Hiram Hess and Sarah his wife and Elva Jane Hess do hereby in consideration of the premises grant, bargain, sell, release, relinquish and quit claim unto the said James T. Bone and Mary B. his wife and their heirs forever all our right title, estate, interest and claim to the tract of land set apart as above described to the said Bone and wife and their heirs forever.

 And we the said Martin M. Hess and Jane his wife, Hiram Hess and Sarah his wife, Thomas R. Hess and Harriett his wife, James T. Bone and Mary B. his wife do hereby in consideration of the premises grant, bargain, sell, release, relinquish and quit claim unto the said Elva Jane Hess and her heirs forever, all our right, title, estate interest and claim to the tract so set apart as herein above described to the said Elvy Jane Hess and to her heirs forever.

 And we the said James T. Bone and Mary B. his wife for and in consideration of one hundred and sixty dollars to us in hand paid by Thomas R. Hess have granted, bargained and sold and by these presents do give, grant, bargain and sell unto the said Thomas R. Hess and his heirs forever all that tract of land which was set apart to us in the above described partition, together with all the improvements and appurtenances to the same in any wise belonging. To have and to hold the same to the said Thomas R. Hess and his heirs forever. And it is expressly understood by the parties to this deed of conveyance that the said Thomas R. Hess is now the lawful and true owner of the above described tracts of land so set apart to him as well as the tact of land set apart to the said James T. Bone and Mary B. his wife, which he has purchased of the said Bone and wife. And it is distinctly understood that each of the parties to whom lands have been set apart do receive the same as his or her portion in full of the real estate of the said Solomon, deceased: and hereby fully release the said Nancy Hess as executrix of the last will and testament of the said Solomon Hess, deceased from all liability whatever as to said lands, and our several portions of said estate. And we severally bind ourselves that in case Joseph Hess should return to this country or he or his heirs or legal representatives call for his portion of said estate that we will each contribute the said Solomon deceased.

And in confirmation of the above described partition we the above described Nancy Hess, Martin M. Hess and Jane his wife, Hiram Hess and Sarah his wife, Thomas R. Hess and Harriett his wife, James T. Bone and Mary B. his wife and Elvy Jane Hess, by her guardian, William Hess, have hereunto set our hands and seals this 30th day of June AD 1849.

Executed in the presence of:
Nancy Hess
Martin M. Hess
Jane Hess
Hiram Hess
Sarah Hess
Thomas R. Hess
Harriett Hess
James T. Bone
Mary B. Bone
Elvy Jane Hess

Attest:
R. W. Hanimett (?)
L. B. Criswell

(page 498)
Be it remembered that on this 30th day of July AD 1849, personally appeared before me, John Monday, an acting and ____ commissioned and qualified Justice of the Peace within and for the County of Independence aforesaid, Nancy Hess, Martin M. Hess and Jane Hess, Hiram Hess and Sarah Hess, Thomas R. Hess and Harriett Hess, James T. Bone and Mary B. Bone and Elvy Jane Hess by her guardian William Hess, the makers of the foregoing deed of conveyance and each of whom are personally well known to me and to be the makers of the said deed of conveyance and severally stated and acknowledged before me that they had severally executed the foregoing deed of conveyance for the ________ uses and purposes therein mentioned and set forth.

And the said Jane Hess wife of the said Martin M. Hess, and Sarah Hess wife of said Hiram Hess, and Harriett Hess wife of Thomas R. Hess, and Mary B. Bone wife of said James T. Bone, on the day above named, each voluntarily appeared before me in the absence of each of their said husbands and each of whom declared before me as such Justice of the Peace that they had severally of their own free will executed the above and forgoing deed for the purposes therein contained and set forth without compulsion or undue influence of their said husbands and each of whom desired me to certify the same.

Given under my hand the day and year above written.

John Monday, J. P.