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Will of JOHN A. PERRY Probated Aug 22nd 1921 Minute Book 10 Page 502 KNOW ALL MEN That I, JOHN A. PERRY, a citizen and resident of Crockett County Tennessee, being of sound mind and disposing memory do make and publish this as my last Will and Testament hereby revoking and making void any and all other Wills at any time heretofore made by me. FIRST --- I direct my Executor hereinafter appointed to pay all of my just debts and funeral expenses as soon after my death as practicable out of my personal property which I may die seized and possessed of. SECOND --- I will, devise and bequeath unto my beloved wife, ROSA PERRY, all of my personal property of every kind left after the payment of my just debts and funeral expenses and cost of administration. I also devise and bequeath unto her thirty acres of land out of each of my three tracts of land which I now own, making ninety acres in all, which she is to have and I hereby give to her the right, power and privilege of selecting said land of thirty acres out of each tract at any place in said tracts which she may desire, and she may select the said thirty acres of land where the improvements are on each tract if she so desires, and lands to be held by her for and during her natural like, but she is to have no rights therin further than the right to cultivate and control the same for her support and maintenance during her natural life. If necessary for her comfort and support my Executor hereinafter names will rent out any or all of the balance of my other lands from year to year and pay over to her said rents as far as is necessary for her maintenance and support. THIRD --- I will, devise and bequeath to my daughter CORA GILLIAN my home place subject to the life estate of my said wife in the 30 acres which she may select out of said home place as her own under the terms of this will, for and during the natural life of my said daughter, CORA GILLIAN, and should her husband FRANK P. GILLIAN survive her, then he is to have the use of the same as long as he remains unmarried, but should he marry then the said land given above to my said daughter is to go to the children of my said daughter CORA GILLIAN, if she have any living at the time of her death, it being my purpose to give them, or the heirs of any of them, a vested remainder interest in said land at the time of the death of my said daughter CORA GILLIAN. This tract of land lies in the 10th Civil District of Crockett County Tenn. and is the same tract of land on which I now reside. FOURTH --- I will, devise and bequeath to my son CHESTER A. PERRY, the balance of the seventy acres tract out of which I have already given him five acres, subject to the life estate as right of my said wife in the 30 acres which she may select out of said tract. This land is willed to him for and during his life and if his wife survive him, then it is to go to her for and during her natural life, and at her death it is to go to the children of the said CHESTER A. PERRY, or the heirs of any who may be dead at the death of my said son or his wife, if she survive him, it being my purpose to give to the said children or the heirs of any who may be dead a vested remainder interest in said land to take effect at the death of my said son. FIFTH --- I hereby will, devise and bequeth to JAMES W. HAILE in trust, and his successors as active trustees, my tract of land consisting of seventy two acres known as my bottom place in the 10th Civil District of Crockett County Tenn. subject to the life right of my said wife in the thirty acres which she may select out of the same under the terms of this will. I direct the said Trustee and his successors to take charge of, manage, control and rent out said property and out of the rents and profits of the same he will first pay the taxes and all necessary improvements thereon, and the balance of the rents and profits he will use for the maintainance and support of my son CARL W. PERRY, expending such amounts of said rents, at such times and in such a way as in his discretion may be for the best interest, benefit and support of my said son, first deducting from said rents fifteen per cent. of the net for his compensation for looking after and managing said property. If it is not necessary to expend all of said rents for his comfort and benefit, then I direct that the amount not so spent will be paid over to my son CHESTER A. PERRY to be expended by him for the benefit, support and education of BUFORD WILSON PERRY the son of my said son CARL W. PERRY. I hereby authorize and direct of my said Trustee, or any successor which may be appointed as Trustee to succeed him, to make an absolute deed for life, to said property to my said CARL W. PERRY whenever in his discretion he deems it prudent, advisable and to the best interest of the said CARL W. PERRY to make said deed, and when the same is made all rights of the Trustee under his natural life and at his death the same will go to his children, or the heirs of any of his children who may be death at the time of his death. SIXTH --- At the death of my wife ROSA PERRY there will be 30 acres of land which she has selected out of each of the three tracts in which I have given my three children an interest herein above. At the death of my wife I want each particular thirty acre tract to go to that one of my children to whom I have given the tract, out of which the thirty acre was taken, said thirty acres each to be taken by them just like the other land is given to them by this will and under the same terms and limitations attaching to the respective tracts given to them, and said thirty acres to pass, under the terms of this Will to the same parties which the other lands given to them herin pass to, it being my purpose to have the said thirty acres to go under the terms of this Will, in the same way and manner that same would have gone to each of my said children or their heirs, had I not given to my wife the said thirty acres out of each tract. SEVENTH --- Should any of my children herein mentioned institute any proceedings in any Court to contest or break this my last will and testament, the interest in my estate given herein to said child or children shall therby be immediately forfeited by them and all such interest given to him or them so instituting said proceedings shall immediately vest in and become the property of my remaining children who do not take part in said proceedings to break or contest this my last will. EIGHTH --- Should the said JAMES W. HAILE decline to qualify as Trustee for my said Son CARL W. PERRY, or should he move away or become incapacitated for any reason to act as such trustee, then the County Court of Crockett County Tennessee is hereby authorized to appoint another trustee in his place and stead and do so as often as is necessary to carry out the purpose of this trust and such successor or successors shall have all of the rights, powers and privileges given herein to the said JAMES W. HAILE. NINTH --- I hereby nominate and appoint my son CHESTER A. PERRY, as the Executor of this my last will and testament and having confidence in his integrity and ability I excuse him from giving bond as such executor and request the Court to permit him to qualify without giving bond.
IN WITNESS WHEREOF, I have hereunto subscribed my name on this July---1920.
The foregoing was signed and acknowledged before us by JOHN A. PERRY as his last will and testament, signed by him in our presence and at his request we have signed the same as witnesses in his presence and in the presence of each other. |
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