PUTNAM COUNTY, TN - OBITUARIES - Potter Monroe Greenwood - July 19, 1916 ----¤¤¤---- Last Will & Testament of Potter Monroe Greenwood: Will Written: July 19, 1916, Page 375, Recorded Date: August 23, 1926, Microfilm Putnam, Roll #5, Probate Records (County or Chancery Court) Wills, Volume 6, August 1876-December 1933. I, P. M. Greenwood, being in my right mind and disposing memory and realizing the uncertainty of life and the certainty of death, make this my last will and testament, revoking all other wills and codicils here- to-fore made by me. First I direct my executor to pay all of my just debts, including doctor's bills, burial expenses & e., as soon as practicable after my death. Second I will and bequeath to my daughter Eliza Talbot a life estate in the following described tract or parcel of land, to wit; Lying in the 15th Civil District of Putnam County, Tenn., and bounded as follows: On the North by Mill creek; On the South by Tel Terry Fletcher Williams and P. M. Greenwood's 15 acre tract; On the East by Clint Masters; and On the West by Mill Creek and B. W. Talbot, containing about 115 acres more or less, and known as the Corel (?) West farm. Third The right to the use and occupation of said land is bequeathed by these presents to the said Eliza Talbot free from the debts and obligations of her husband. The remainder interest in said tract of land is to vest in any child or children that the said Eliza Talbot may have living at the time of her death. But in case she has non living at her death, then the title to the remaining interest is reserved and will be disposed of in another paragraph of this Will. Fourth I will and bequeath to my three sons; Bynam Greenwood, Robt. M. Greenwood and Walter Greenwood, the remainder of my property real, personal or mixed, in whatever form it may be at my death, to be divided equally between them. My real estate shall be divided into three parts by my Sons each agreeing as to the part that he shall take.If on account of death or any other cause this division can not be made and two of my sons mutually agree on a division of the same in the three parts their agreement is to be adopted stand as the division. In case the division is not made in either of the ways above named then in that event I want my executor to divide all my real estate into three parts and to allow my youngest son the first choice and the other second choice and the one making the divide will take the last choice. Then when the division of the three parts has been made the title of said property is by these presence vested in each of my three sons or their lawful heirs according to the division made, and no order or decree of any court will be necessary to divest and vest said titles unto the three. Fifth If the seocnd paragraph of this will I reserved the remainder interest in the tract bequeathed to my daughter Eliza Talbot, in case she should die without child or children of her own body, and in that event, after her death, I want my executor to advertise the same for sale at public auction by printed posters, in the usual way (newspaper advertisement being waived) and sell the same at public auction to the highest bidder on such time and terms as he may think best, and after paying the expenses of said sale he will divide the proceeds equally between my three sons, if all living, or if any or all are dead then to their heirs representing their deceased father's share, according to the laws of decent and distribution as then now exist. Sixth Having now directed how I want my property to be divided, after my death, I hereby further will and direct my executor to exclude any of the legatees, who may disregard my requests by bringing suit to change them or any portion of them. I further request that should a suit be brought for said purpose in any court that the court will exclude any and all who participate in bringing such a suit from benefits derived by this will, and I further request than on a production, in said court of a duly certified copy of this will, that the suit or suits will be dismissed at the cost of the Plaintiff or complaining party, and that a judgement be rendered showing that the Plaintiff or complaining party or parties has forfeited all his, her or their rights to participate in the bequeaths under this will. Seventh I further will and direct that should any legatee or other party claiming an interest under this will bring any suit as aforesaid that in addition to their forfeiture of their rights that their prorate part of said property be by said executor distributed among the other heirs according to the laws of decent and distribution. Eighth The intention of this will is to let the property flow in the natural channel that I have directed, without any litigation and to exclude the rights, privileges and benefits that any legatee may have, who so far disregards my wishes as to bring suit to change this will in any respect or degree. Ninth I nominate and appoint my son Robt. M. Greenwood as my executor of this will. If for any reason he should fail to qualify, then in that event, I appoint my son Bynam Greenwood, in lieu of Robt. M. Greenwood, and in case both of them fail to qualify, I appoint my son Walter Greenwood as my executor. The appointment and qualification by the court shall be made in the order named. P. M. Greenwood This 19 day of July 1916. Attest: We undersigned witnesses, being personally acquainted with P. M. Greenwood subscribe our names at his special request, as witnesses to the signature of the said P. M. Greenwood, he having signed in our presence and we having signed in his presence and in the presence of each other. O. E. Cameron E. H. Boyd D.C. Wilhite State of Tennessee, Putnam County: I, Algood Moore, Clerk of the County Court for Putnam County, Tennessee, do hereby certify that the within and foregoing is full, true and perfect copy of the last will and testament of P. M. Greenwood, deceased, as appears from the original Will which is now on file in my Office. Witness my hand at office in Cookeville, on this the 23rd day of August 1926. Algood Moore (Signed), Clerk" Transcribed by Bobby and Elma Greenwood, Cookeville, TN, 10/20/2003. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Elma Greenwood ___________________________________________________________________