John Bates Emert Will

Last Will and Testament of John B. Emert
Will Book I - page 297-9
Sevier County, Tennessee
Transcribed from microfilm roll #27 by Randy Emert

I, John B. Emert, a citizen of Sevierville, Sevier County, Tenn. of sound mind and memory but feeble health do make and publish this my last will and Testament.

     1st - All my just debts shall be paid.

     2nd - In order to afford my wife, Mrs.. Martha J. Emert, a comfortable and secure support during her life out of my estate, I hereby devise and bequeath to her for the term of her natural life all my property, real personal and mixed, to have, manage and use for her support during said time. At her death, said property shall be divided among my lawful heirs and distributed according to the laws of inheritance and distribution in Tennessee.

     3rd - To more effectually provide for my said wife, I hereby invest her with power to sell and convey any of said property for the use aforesaid. This power is given because some of said realty consists of mountain farms which may fail to sufficiently contribute to my wife's support. My realty in Sevierville my wife shall not sell unless, in her Judgment, her support absolutely requires the same. Any of my other realty my wife may sell if in her judgment she can then make said property more conducive to her support. In case of sale of any of said realty, the proceeds shall be loaned out with good security or reinvested, the interest or income to be applied to her support. The principal or property so purchased to belong to my estate. But if my wife's comfortable support should in her judgment demand an appropriation by her of part or all of said principal or property she is hereby vested with such power.

     4th - Only such of my personal property shall be sold by my Executors in administering my estate, as shall meet the approbation of my wife. She shall at once have the possession and all of the balance of any money after paying debts and expenses in administration for as to proceeds of realty.

     5th - That there may be no mistake I here again direct that at my wife's death, the realty unsold of my estate or in case my wife exercises the power of sale herein conferred the proceeds of such sale or sales on the property purchased thereby in case of reinvestments on the remainder of the principal, if any of the proceeds, in case the principal is diminished, shall belong to my estate, and shall be divided among my lawful heirs and distributees according to the laws of inheritance and distribution in Tennessee. My intention is to give my wife the use of my entire estate for her support during her life, or if the profits of my estate are in her Judgment insufficient then to give her the right to convert to her own use so much of my estate as will be sufficient for that purpose, but the balance if any to belong to my estate at her death, in whatever shape it may be found.

     6th - I hereby nominate and appoint my said wife Executrix and M. W. McCown Executor of this my last will and testament. I especially request said McCown to give his attention to the management of said realty outside of Sevierville, and to the protection of the same. After my debts have been paid, those due me collected and the administration of the personal completed and my said entire estate is ready to be turned over to the quiet enjoyment of my said wife, the said M. W. McCown may in his discretion resign & my wife thereafter exempted from settlements.