____________________________________________________________________________
State of Arkansas,
County of Pike,
I, Henry Brewer, of the County of Pike and State of Arkansas, being sound in
mind, but admonished by my age, that I am physically infirm, being now
nearly seventy five years of age, do make, publish and declare this my Last
Will and Testament, hereby revoking any and all former wills by me made at
any time heretofore made.
First. I give and bequeath to my beloved son Henry T. Brewer, the following
lands: The East Half of the Southwest Quarter of Section Six (6); The East
Half of the Northwest Quarter of Section Seven (7); The Fractional part of
the Southwest Quarter of Section Six, and the Northwest Quarter of Section
7, lying North and East of the Little Missouri River, and the West Half of
the Northwest Quarter of Section Seven, all in Township Eight South, in
Range Twenty-five West, and containing Three Hundred and Thirty-two acres
and twenty-two hundredths of an acre. To have and to hold the same to him
and his heirs, with all the rights, privileges, testaments and appurtenances
thereunto belong forever.
Second. I give and bequeath to my beloved daughter, Rosana Owens, widow of
John S. Owens, deceased, the following lands on which she is now living: The
East Half of the Southwest Quarter of Section Seven; and the West fractional
half of the Southwest fractional quarter (less ten acres and fifty
hundredths, now owned by Wesley Hoover) of Section Seven, all in Township
Eight South, of Range Twenty-five West containing Three hundred and seventy
acres and fifty-nine hundredths. To have and to hold the same to her and her
heirs, with all the rights, privileges, tenements and appurtenances
thereunto belonging, forever.
Third. I give and bequeath to my infant grandson, Henry Brewer, who is the
son and child of my beloved son, William R. Brewer, deceased, the following
lands: That part of the Southwest fractional quarter of Section Twelve,
South and East of the Little Missouri River, and the West Half of the
Southeast Quarter of Section Twelve, all in Township Eight South in Range
Twenty-six West, containing one hundred and sixty acres and eight-five
hundredths of an acre. To have and to hold the same unto the said Henry
Brewer, his heirs and assigns with all the rights, privileges, tenements and
appurtenances thereunto belonging, forever; - subject to this limitation,
that his mother, Martha Brewer shall have the right to use, occupy and enjoy
the same so long as she remains the widow of the said William R. Brewer, or
until the said Henry becomes twenty-one years of age.
Fourth. I give and bequeath to my grandchildren, John H. Evans, Janey
Conway, Lizzie Stafford, William Evans, and James Evans, children of my
deceased daughter, Cynthia Evans, the following lands: The East half of the
Northeast Quarter of Section Seven, and the West half of the Northwest
Quarter of Section Seven, and the West half of the Northwest Quarter of
Section Eight in Township Eight South, in Range Twenty-five West, containing
one hundred and sixty acres. To have and to hold the same, share and share
alike, to them, their heirs and assigns, with all the rights, privileges,
tenements and appurtenances thereunto belonging forever.
Fifth. It is my wish and I so direct, that the money that I may have at the
time of my death, and all notes, cases in action, evidences of debt and all
other personal property of every name, nature and description, may be
equally divided among my said children and grandchildren, share and share
alike - that is to say - the said Henry T. Brewer, one share, the said
Rosana Owens, one share, the said Henry Brewer, son of William R. Brewer,
deceased, one share, and the children of said Cynthia Evans deceased, one
share, to be equally divided between them, the children of the said Cynthia,
deceased. And if the said parties cannot make a satisfactory division of
said personal property among themselves, it is my wish that my executor
shall call three neighbors who shall appraise said property and divide it
unto four equal shares, when the said several parties shall draw lots for
said shares and each shall take and hold the share drawn, to his or her
separate use forever.
Sixth. I do hereby appoint my daughter-in-law, Martha Brewer, as trustee and
guardian for her infant son, the said Henry Brewer, so long as she continues
the widow of William R. Brewer, to receive his share and interest of my
estate and control and manage the same, but in the event of her marriage or
death, I wish my son Henry T. Brewer to take said trust and manage the
estate of the said Henry until he shall become twenty-one years of age,
without having to give bond or security therefor, either the said Martha or
the said Henry T.
Seventh. I nominate and appoint my well beloved son, Henry T. Brewer, as the
executor of this my Last will and testament, and as I own but little money
now, and shall own probably less at my death, I want my estate wound up and
settled without an inventory, appraisement, sale or other formality of law,
and with as little expense as possible, and it is my wish that no bond or
security shall be required of my said executor, but immediately upon my
decease, that he pay any debts that I may be owing without probation; and
that as speedily as possible he cause the division of personal property
herein before provided for to be made; and that the exchange of receipts
between the legatees hereunder shall be all the formality required in the
settlement of said division among themselves; and I hereby appoint and name
my friend, A. B. Williams, of Hempstead County as the Attorney to aid my
said executor in winding up and settling the business of my estate, and I
hereby recommend my said children and grandchildren to accept his counsel
and advice and avoid all misunderstandings between themselves, as I feel
well assured that he will honestly endeavor to see that justice is done by
each one according to my wish and intentions.
Eighth. And now having disposed of my estate, real and personal, as I
believe with exact justice among my children, and having lived beyond the
usual period allotted to man, I give my spirit to the Great God who gave
it, and my body to the earth from whence it came.
Done, signed and sealed as my Last Will and Testament this 26th day of May
A.D. 1875.
Henry Brewer
Witnesses: W.J. White, Samuel Kelley
____________________________________________________________________________
State of Arkansas,
Pike County,
We, William J. White and Samuel Kelley, citizens of the County of Pike and
State of Arkansas, have this day signed our names as subscribing witnesses
to the Will of Henry Brewer, which forms part of this paper, at the request
of the said Henry Brewer, in his presence and in the presence of each other,
and the said Henry Brewer signed the same in our presence and at the same
time declared that said paper writing, contained, and was, his Last Will and
Testament, that at the time of signing, the same said Henry Brewer was of
sound mind and disposing memory and more than twenty-one years of age.
Done and signed by us, this the 26th day of May, A.D. 1875.
W.J. White
Samuel Kelley
____________________________________________________________________________
State of Arkansas,
County of Pike,
I, M.W. Hill, Clerk and Ex-Officio Recorder within and for the said County
of Pike and State aforesaid, do hereby certify that the annexed and
foregoing instrument of writing was filed in my office for record on the
6th day of June, A.D. 1876, at 3 o'clock p.m., and the same, together with
the Certificate of Acknowledgement thereto is now duly recorded in Record
Book A. Pages 91, 92, 93 & 94.
In testimony whereof, I hereunto set my hand and affixed the seal of said
Court, at my office in Murfreesboro, this 21st day of Sept., A.D. 1876.
Maurice W. Hill
Clerk and Recorder
____________________________________________________________________________
Certificate of Record
State of Arkansas,
County of Pike,
I, R.N. Alford, Clerk of the Circuit Court and Ex-Officio Recorder for the
County aforesaid do hereby certify that the annexed and foregoing instrument
of writing was filed for record in my office, on the 24th day of February,
A.D. 1911, at 3 o'clock p.m. and the same is now duly recorded, with the
acknowledgements and certificates thereon, in Record Book Vol. A. Pages 91,
92, 93, 94, 95, 96 & 97.
In testimony whereof, I have hereunto set my hand and affixed the seal of
said Court, the 28th day of February A.D. 1911.
R.N. Alford, Clerk
By D.F. Arnold, Deputy Clark
____________________________________________________________________________
HTML file and design by David Kelley, 1997. All rights reserved.