Probate Record - Lewis Hammack

John Hammack Complainant

vs In Chancery

James Maxwell & Ann his wife,

John Maxwell & Martha his wife,

Jesse Hammack, William Hammack,

Sarah Jones & Amaziah Jones,

Hamar Culver & Betsy his wife,

Samuel Culver & Mary his wife,

Joseph Baxter & Nancy his wife,

John Bailey & Winney his wife,

Margaret Williams & David Williams,

and Thomas Hammack

And now on this day this cause came on to be heard before the honorable J. M. Hoge sitting and exercising the power of chancellor and it here being made manifestly to appear from the bill answer and exhibits that Lewis Hammack departed this life having made his last will and testament and thereby amongst other things devised that after specific legacies and debts were paid the residue of his estate should be equally divided among his children that the residue of said estate consisted of two slaves Kitty and Isaac who were on the decline of life and should not be divided in kind and it appears that the defendants and the complainant are the only children and legal representatives of the said Lewis Hammack and the defendants James Maxwell and Ann his wife, John Maxwell and Martha his wife, David Williams and Margaret his wife, Jesse Hammack and William Hammack having filed their answer here in which they admit all the county of the Bill and join the complainant in the pray of his Bill and regular publication having been made giving notice to the Defendants to appear here and defend on the allegations therein would be taken in true and they have failed to make any appearance here the matters and things then set forth are taken as true. It is therefore ordered, adjudged and decreed that the slaves Isaac and Ritty be sold at public sale at the courthouse door in the town of Bentonville in the county of Benton to the highest bidder for cash in hand but before said sale it shall be the duty of Gideon Pace who is made commissioner for the purpose of making this sale to give public notice by written advertisements set up at least six of the most public places in the County of Benton and at the town of Fayetteville at least fifteen days before the day of sale. It is further agreed that the proceeds of said sale be paid to the order of John Hammack the executor of the estate who is required to pay each of said without interest which may be coming to him or them in kind proceeds of the sale of said slaves and it is further ordered that the costs of this suit be paid by the complainant out of the sale of said slaves and that he have credit before settlement for the same.

View Lewis Hammack's Will and Associated Affidavits