SEVIER COUNTY, TN - WILLS - John B. Emert, 30 Jan 1884
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Last Will and Testament of John B. Emert - Will Book I - page 297-9
Sevier County, Tn. - Transcribed from microfilm roll #27

Will of John B. 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 consist 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 Judgement, 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 
judgement 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 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 Judgement 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.
In testimony of which I hereto subscribe my name.
			This January 30th 1884
				John B. Emert

Witnesses:
P. Stafford
Jerome Templeton

Attest:  4 April 1884
W.R. Turner 
J.P. Wynn

Admitted to probate May 5th 1884                              D.H. Emert, Clerk