Samuel Bennion's Will
[Below is a transcription of Samuel's will, which is registered in the Salt Lake County Recorder's Office. No will for John Bennion is found there. Thanks to Helen Madsen, as usual, for providing this interesting piece of heritage.]
"In the Name of Jesus Christ - Amen! Be it known by these present that I, Samuel Bennion - of North Jordan in the County of Salt Lake and Territory of Utah, being of lawful age, to wit, Seventy years of Age, and of Sound Mind and Memory, though feeble in body and realizing the uncertainty of human life, and desiring to dispose of my Estate according to my own pleasure and best Judgment, do by these present, make, publish and declare this instrument in writing by me subscribed to be my last Will and Testament and:
"1. First: I direct that the expenses of my last sickness and funeral and then all my just debts and liabilities be paid and discharged out of my personal estate.
"2. Second: I give and bequeath to my beloved wife, Rhoda Jones Bennion, in liew of Dower right for er sole use and benefit, a life interest in my Homestead and Farm except as hereinafter provided, with the rents, issues and profits arising therefrom. Also the dividents and profits arrising from the following specified shares of stocks, to wit: Twelve shares of the Capital Stock of the Deseret P[illegible] of Salt Lake City: Forty Shares of the Capital Stock of the Home Fire Insurance Company: and Ten Shares of the Capital Stock of Zions Co-operative Mercantile Institution for and during the term of her natural life. Also, absolutely and without condition All Household and Kitchen furniture, beds and beding and all poultry and hogs of which may be possessed at the time of my demise. Also a wagon, Two buggies and a sett of harnesses.
"3. Third I gie and bequeath to my son, Wilford Bennion out of my farm Thirty-acres of land situated in the South West corner of my farm and bounded on the South by land owned by George M. Spencer and on the East and West sides by County Roads and on the North by land heretofore de [illegible] and to my son, Joseph Bennion
"Fourth: I give and bequeath to my son Arthur Bennion the sum of One Thousand Dollars. These last two begests being made to bring the dowrey to an equality with my other children to whom advancements have been already made.
"Fifth: I give and bequeath to John Jones a son of my said wife [Rhoda Jones by her first marriage], the sum of One Hundred Dollars, to be paid within Ten days after my decease
"Sixth: I have sold to John A. Sharp and his wife, Rebecca Ann Bennion Sharp, who is my Daughter, about One hundred and Twenty Acres of Land for the consideration of Four Thousand Dollars, but for which at the signing of the instrument in writing and Deed of convayance has been executed and delivered, for which the said Sharp is to pay me Two Thousand Dollars in money. The remaining Two Thousand Dollars I give and bequeath to my said Daughter - Rebecca Ann as follows: One Thousand dollars as an advancement, and the other One Thousand as a part of the bequest hereinafter made to her as one of the [illegible] under this will.
"Seventh: The names of my children are as follows: John R. Bennion, Hyrum Bennion, Joseph Bennion, deceased, Emma Bennion Lindsey, Samuel Heber Bennion, Rebecca Ann Bennion Sharp, Alice Jane Bennion, Wilford Bennion and Arthur Bennion to whom I give and bequeath all and singular the residence and remainder of my estate, share and share alike. The children of those who are dead to take the share of the parent by right of representation. Should any of my said children die without issue before final distribution such deceased share to be divided equally between the surviver and the children of those who are dead. I hereby nominate and appoint Samuel Bringhurst, Archibald Frame and William Panter or the survivors of them Executors of My Estate and of this my Last Will and testament without bonds. As witness my hand this twenty-eighth (28th) day of August Eighteen Hundred and Eighty Nine A.D. 1889
"Be it known that the undersigned have herewith set our hands as witnessess to the signing of the foregoing instrument in writing and certify that the said Samuel Bennion signed said instrument in our presence and that we signed the same in his presence and at his request as witness thereto and signed the same in the presence of each other and that at the signing of said instrument in writing he, the said Samuel Bennion declared and published said instrument in writing as and being his last will and Testament in our presence and to us. As Witness our hands the date of said instrument a set forth. An"