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In the name of God amen. I, Solomon Hess, of the State of Arkansas's Independence County, do make and declare this my last will and testament, in manner and form following. I resign my soul into the hands of Almighty God, hoping and believing in a remission of my sins, by the merits and mediation of Jesus Christ: and my body I commit to the earth to be buried at the discretion of my executors or executrix hereinafter named; and my worldly estate I give and devise as follows,
I give to my oldest son, William, what land he now has within his inclosure, supposed to be about ten acres, also the improvement that he now lives on, also one mare and two cows and calves, which he now has in possession, also thirty dollars in cash, which he got from me, which I consider to be his full share of my estate.
I give to my second son, Joseph, one mare and one yoke of steers, which he now has in possession, supposed to be worth eighty dollars.
I give all the residue of my estate, both real and personal to my wife Nancy, during her natural life. It is also my will that she pay all my just debts that may be due at my death out of my estate so left to her, also to raise my children until they are twenty-one years old or until they leave her, at which time she is to give to each of them one horse worth forty dollars. It is also my will that she give to each of them, as they may become married, as much of my estate willed to her as she may judge to be proper, to be valued at ___ valuation that they all may share equal in the residue of my property; and after the death of my wife Nancy, it is my will that all the property should be sold and the money equally divided between them with the exception of my son William, who has already received his full share and my son Joseph, having received forty dollars more than my other children, he is to be accountable to them in the division after the death of their mother, Nancy. And I do hereby constitute and appoint my said wife Nancy sole executrix of this my last will and testament.
In witness whereof I have here unto set my hand and seal this twenty-first day of October in the year of our Lord eighteen hundred and thirty-nine.
Solomon (his X mark) Hess
The above instrument consisting
of one sheet was shone subscribed by Solomon Hess, the
testator in the presence of each of us; and was at the same time
declared by him to be his last will and testament; and we at his
request signed our names hereto as attesting witnesses.
Charles Cavender
H____ Simpson
(Record contributed by Pauline Mitchell Pierce)