David H. Emert Will
Last Will and Testament of David H. Emert
Will Book I - page 321
Sevier County, Tennessee
Transcribed by Randy Emert
I, David H. Emert, of the county of Sevier and the state of Tennessee do hereby and constitute this my last Will and Testament, making void all others that may have been made by me.
1 First: It is my will all my just accounts shall be paid.
2 Second: It is my will that all my funeral expenses shall be paid out of any monies that may be on hand or first come into the hand of my executor or administrative as the case may be.
3 Third: I do hereby will to my wife Sally A. Emert one house situated on Bruce Street and the appurtenances thereto belonging including all the household and kitchen furniture. Said lot bounded on the South Bruce Street, on the west by odd fellows, lot, North by P. Stafford, east by J. A. Snapp.
4 Fourth: also another house and lot known as Mottie Beak. property adjoining the town of Sevierville. On the north, the public road on the East, M. J. Emert on the south, J. H. McMahan on the west.
5 Fifth: is also my will that my wife Sally A. Emert have my buggy and harness and then she may dispose of the same at her own this creation.
6 Sixth: it is my will that after the death of my father, F. A. L. Emert and my stepmother Michelle Emert, but now occupies the house farm in Emert's Cove, shall have departed this loft, that might executor and administrator perceived to sale of said House farm and a private or public sale as he may deem best. Requiring the purchaser to pay as much as $1000 cash in hand which amount shall be put on interest, but if paid into the hands of the guardian after he shall qualify and give bond according to the law, said $1000 shall be kept on interest until my son Darryl Claude Emert reaches the age of twenty-one years. Now if my son Darryl Claude Emert should depart this life before reaching the ages 21 years, then the above named amount of $1000 shall be paid to my wife Sally A. Emert.
7 Seventh: When $500 money shall be collected on said farm, it shall be used in clothing and schooling my son Darryl Claude Emert, said $500 to be paid to my wife Sally A. Emert.
8 Eighth: It is my will that after the $1500 and the cost of administration shall be taken out of the price of said House farm, that the remainder be equally divided among our brothers and sisters. D. G. Emert and his heirs: N. W. Emert and his heirs: J. J. Emert and his heirs: P.P. Emert and his legal heirs: and sister Polly Alexander who married J.J. Alexander, Sarah J. Kernel who married Wade Kernel, Martha A. Shaw, Ellen Bradshaw, Nancy Sellers, and Malinda A Mazze.
9 Ninth: It is my will that all the proceeds which may be derived from all the mountain land that I may own outside the home farm be equally divided between above named brothers and sisters.
10 Tenth: It is my will that my wife Sally A. Emert shall select a guardian or serve as one herself if she deemed proper.
11 Eleventh: I do hereby constitute an appoint my brother D. G. Emert to act as my executor in carrying out the contexts of my last will and testament.
12 Twelfth: It is my will that if my executor need to any official help that J. R. Perland be employed.
13 Thirteen: It is my will that after my executor after he shall have been qualified and sworn in proceed to collect all my outstanding Notes and accounts, then he may be free. The estate of the D. H. Emert, with one exception. It is my request that Benjamin A Parton of Emert Cove on whom I hold the deed of trust, be granted one year longer to pay the same said proceeds shall be paid to my wife Sally A Emert and as the same may be collected after paying any legal debts that may come against me and have not been paid.
14 Fourteen: As to the office of the County Clerk, it is my will that every cent due the county, public schools, for poor and public highway, shall be settled up to the time of my successor shall take charge of said office.
Witness my hand this 5th day of October 1886.
D. H. Emert
W. W. Emert
W. G. Caton
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