Will of Lewis Hammack & Associated Affidavits
Will LEWIS HAMMACK
I Lewis Hammack of the County of Carrol and State of Tennessee do make and publish this my last will and testament hereby revoking and making void all former wills by me any time heretofore made. And first I commend my soul to god who gave it and direct my body to be decently buried, and as to such worldly estate as it has pleased god to intrust me with, I dispose as follows. First, I direct that all my just debts be paid out of the first money that comes into the hands of my executors. Secondly, I give and bequeath to my wife Mary all the properties that is now in my possession that she owned before I married her except the cotton gin which I direct to be sold and the proceeds to go to my children against money that I paid for her that she owed when I married her. And if the gin should bring any more money than I paid for her my will is that she should have all that is over. Thirdly, I give and bequeath to my daughter Ann and my daughter Peggy each one good bed and furniture and also each one good cow and calf. Fourthly, I give to my son Jesse one good horse and saddle. And lastly I direct that all the balance of my estate shall be equally divided amongst all my children. I do hereby make, ordain and appoint my esteemed neighbor and friend John Killough Esquire and my beloved son John executors of this my last will and testament.
In testimony whereof I Lewis Hammack the said testator have to this my last will written on one sheet of paper, set my hand and seal, this 29th July, in the year of our Lord one thousand eight hundred and thirty four.
LEWIS HAMMACK
Signed, sealed and published in the presence of us who have subscribed in the presence of the testator and of each other.
ISAAC ELSBERRY A. N. HOPKINS
UNITED STATES OF AMERICA }
TERRITORY OF ARKANSAS } SS
COUNTY OF WASHINGTON }
To the Judge of any court of law or Justice of the Peace or Mayor or Saml. Ingram, JP Chief Justice of the State of Tennessee, whereas the last will and testament of Lewis Hammack deceased was this day presented to me in my office for probate by John Hammack one of the executors therein named, and it appearing to my satisfaction that the subscribing witnesses thereto are residents of the County of Carrol in the State of Tennessee. Now, therefore, by virtue of the statute in such cases made and provided you are hereby empowered and directed to take the testimony of Isaac Elsberry and Andrew Hopkins the two subscribing witnesses to said will hereunto annexed and to certify to the judge of our County Court the attestation of said witnesses in writing under your hand and seal and ____ you have executed the commission without delay. In testimony whereof I have hereunto set my hand and affixed the seal of my office at Fayetteville this 19th March in the year of our Lord one thousand eight hundred and thirty-six and of the independence of the United States the 60th year.
B. H. SMITHSON, CLERK
STATE OF TENNESSEE }
CAROL COUNTY }
In pursuance of the foregoing commission as above directed I Samuel Ingram, chairman of the County of pleas and Quarter Sessions in and for the County of Carrol and State of Tennessee agreeable to the order of the clerk of the County Court of Washington County in the Territory of Arkansas. I have caused to come before me at the Courthouse in the town of Huntington in the County of Carrol and State of Tennessee Isaac Elsberry and Andrew N. Hopkins the two subscribing witnesses to the last will and testament of Lewis Hammack deceased, formerly of this county and after being duly sworn with respect to said will, saith as follows. That they were both called upon and requested by the said Lewis Hammack to become witnesses to and assign the attestation clause of said will as subscribing witnesses to the said will and every part thereof and that they as subscribing witnesses did int he presence and view of the Testator witness the said last will and testament which is herewith inclosed and that they became the witnesses thereto and as such signed the same and that the testator was at the time of executing the same of sound and disposing mind.
TEST ISAAC ELSBERRY
SAML INGRAM (SEAL) A. N. HOPKINS
The foregoing testimony of the said subscribing witnesses sworn to and their names subscribed thereto in my presence this 16th day of April in the year of our Lord 1836.
SAML INGRAM (JP)
STATE OF TENNESSEE
CARROL COUNTY
I, Joel R. Smith Clerk of the Court of Pleas and Quarter Sessions in and for the County of Carrol and State of Tennessee do hereby certify that Saml Ingram whose name is subscribed to the foregoing depositions of Isaac Elsberry and Andrew N. Hopkins is and was at the time of the taking of the said depositions before him an acting Justice of the peace in and for Carrol County and chairman of the county court and as such that all his official acts are entitled to full faith and credit. In testimony whereof I have hereunto set my hand and affixed my seal of office at office in Huntingdon this 16th day of April 1836.
JOEL R. SMITH, CLERK
STATE OF TENNESSEE
CARROL COUNTY
I, Saml. Ingram, chairman of the court of Please and Quarter Sessions in and for the County of Carrol and State of Tennessee do hereby certify that Joel R. Smith whose certificate appears to this paper as above set forth was at the time of executing the same the acting clerk in and for the County Court of Carrol County and State of Tennessee and that as such his acts are entitled to full faith and credit, and that his certificate is in due form of law. In witness whereof I have hereunto set my hand and seal this 16th day of April 1836.
SAML INGRAM, CHM.
OF CARROL COUNTY COURT
THE UNITED STATES OF AMERICA }
TERRITORY OF ARKANSAS }
COUNTY OF WASHINGTON }
I, B. H. Smithson, Clerk of the County Court in and for the County of Washington aforesaid and register for the probate of wills and granting letters of Administration in and for the County aforesaid do make known unto all men that on the day of the date hereof before me was proved, approved and insinuated the last will and testament of Lewis Hammack, late of the County of Washington and Territory of Arkansas Yeoman deceased (a true copy whereof is to these present annexed) having whilst he lived and at the time of his death divers goods, chattels, rights and credits within the said Territory. By reason whereof the approbation and insinuation of the last will and testament and the committing the administration of all and singular the goods, chattels, rights and credits which were of the said deceased and also the auditing the accounts, calculations and reckoning of said administration, and a final dismission from the same to me are manifestly known to belong and that administration of all and singular the good, chattels, rights and credits of the said deceased any way concerning his last will and testament was committed to John Killough and John Hammack in the said testament named they having first been duly sworn will and truly to administer to goods, chattels, rights and credits of said deceased and make a true and perfect inventory thereof and exhibit the same into the clerks office of the county court of the county aforesaid on or before the second day of September next and to render a true and just calculation and reckoning of said ad-ministration when thereunto lawfully required. In testimony whereof I have hereunto set my hand and affixed the seal of my office this 2nd day of July 1836.
B. H. SMITHSON, CLERK
Recorded the 2nd day of July 1836
Recorded in first probate record page 74.
View Lewis Hammack's Probate Proceeding
