PROSSER CEMETERY, Hwy 231
east side, Chestnut Ridge, MOORE COUNTY TENNESSEE
Will of J. D. Prosser
Filed March 21st 1898, Probated in Office Court March 21st 1898, In Page 281 of Minute Book No. 5 & Records in Will Book W, Pages 91 � 92 � 93 � 94 W. J. Morris Clerk
I John Duke Prosser being now sound in mind and memory knowing the uncertainty of life and the certainty of death and desiring to direct the disposition and division of all my property after my death as I honestly believe to be right and to suit my own inclinations. I do make and publish this as my last will and testament hereby revoking and making void all others written as nuncupative at anytime by me made
(1) I direct that my executor shall take charge of my entire property that I may die possessed of immediately after my death and disperse in the same as I herein direct
(2) As soon as practical after my death I will and direct that my funeral expences (sic) be paid by my executor as herein directed, and that all my just debts be paid, and that thes (sic) ______ _______ be paid out of any money that I may die possessed of as may first come into the hands of my executor
(3) I direct that all money that shall come into the hands of my executor after expending and paying out as I herein direct; shall be divided among my Brothers and sisters that are a living and the living children of my Brothers and sisters as I herein direct. I direct that the division shall be made as follows, (B Wit.) I direct that my brother Jonathan be charged with an advance of five Hundred and fifteen dollars, That is to say that amount ($515.00) and lawful interest from now until the time of settlement shall be deducted from his distributive share, and that my Brother Berry�s children be charged with an advance of three hundred dollars that is to say that they shall have the amount of ($300.00) together with lawful interest from this date until time of settlement deducted from their distributive shares and I direct that the said amounts agrigahing (sic) (note from translator may be aggregating meaning taken all together) Eight hundred and fifteen dollars together with the interest so as to include the entire amount deducted from said two shares shall be divided equal between my living sisters Jane and Priscilla and Hepsey each now dead. The living children of Jane receiving her share and the living children of Priscilla shal (sic) receive her share and the living child of Hepsey receiving her share so as to divide said amount into six equal parts, which will as a special bequest to my sisters now living and the children of them that are dead. And I direct that after these deductions have been made and the amount set apart as in this clause directed. I will that � Brothers Jonathan and Jesse and William and Mark and the living children of my Brother Berry and my sister Eliza and Mary and Frances and the living children of my sisters Jane and Priscilla and Hepsey shall share equal in the division of my property each one receiving an amount equal with the other of what amount that shall receive in the hands of my executor. Provided that the children of Berry shall together receive one equal share and the children of Jane shall receive together one share and the children of Priscilla shall receive one share and child of Hepsey shall receive her one share, so as to divide the remainder of the entire proceeds of my property into eleven equal shares except as above set out as in Jonathan and Berry�s children. My brother Marion having received in his lifetime an amount greater share any of my other heirs shall receive. I for this reason decline to make any bequest for his children except good will.
(4) I will and direct that my executor shall as soon as practical after my death advertise and sell my personal property and that he sell it on a credit of twelve months with good security acquired except very small sums which he may sell for cash, and I direct that my land shall also be sold as soon as practical after my death and sold in such lots and divisions as may be deemed best so as to sell for the best price. I direct that my land be sold on a credit of one and two and three years so as to divide in three equal payments. And that my executor make said sale at public outcry after giving the required notice. And that he is hereby empowered to make all necessary deeds of conveyance to purchaisers (sic). I direct that notes with approved security be required and a loan retained until all purchase money is paid.
(5) I further direct that my executor set apart a sum sufficient to pay my funeral expenses as follows. I direct that my body after death shall be clothed in a respectful burial suit of close (sic) and shall be buried in a good respectable oak casket of good finish.
(6) I will that should my beloved wife Permealy who is now in very feeble health survive my death that she shall remain for and duering (sic) her natural life in the full enjoyment of our home � including household and kitchen goods and my entire farm and all except any personal property � which my executor shall sell as above directed except 2 horses and two milk cows and other line stock in same propartian ? and feed for all � which shall remain with my beloved wife Permealy until her death to have all together with the increase and proceeds thereof . And I direct that my executor shall assist her in the care and the management of the same and that he take care of the farm and pay tax and other necessary expense out of the proceeds of the farm. And after the death of my wife should it occur after that of myself. I direct that my executor shall furnish my wife a burial equal in every respect to that I directed for myself and pay the necessary expense of the same out of my funds in his hands. Then my executor shall proceed to sell my land and the remaining personal property as first directed.
(7) After the final deceas (sic) of myself and my wife and before a final settlement and distribution is made by executor which he shall make in reasonable time - I direct that my executor have properly erected at our graves a marble monument to cast one hundred and fifty dollars � that is I direct that we be laid side by side and the ________ be erected between our heads in the usual way of constructing such things. And that he shall have our graves enclosed with a strong substantial iron fence, and pay for all out of funds in his hands.
(8) I will and bequest to John C. Barnes? Two hundred dollars. And I direct that my executor shall pay said amount to him before making final distribution to my designated heirs.
(9) I have made no bequest to my brother Green, because he has no family except himself and his wife like myself and he has plenty of property to ampily (sic, amply) support himself and wife for and during their natural lifetime. And for this reason I decline to will him any of my property or estate.
(1) Lastly I do hereby nominate and appoint my executor
W. A. Gowan and W. A. Prosser (Note W. A. Prosser has been marked out)
This the day of March 25 A.D. 1896
Signed and published in our presence and
we have subscribed our names hereunto in the presence of the Testator on this
the day of March 25th 1896
J. D.
Prosser
Witness � David Wagster
Witness � Wm Richardson
Summary of 13 siblings mentioned above (aka children of James & Permelia
Prosser.
Brothers: Jonathan , Jesse, William, Mark, Berry (deceased), (Andrew) Marion
(deceased), (Perry) Green.
Sisters: Eliza, Mary, Frances, Jane (deceased), Priscilla (deceased), Hepsey
(deceased).
Note from Bobby Prosser: This will was written March 25th, 1896. John D. Prosser died on 16 March 1898. In this will he mentions the care for his wife Permellia. Permellia died on the date 21 June 1896. In the meantime John D. remarries Sallie whom researchers believe to be Sallie Rainey. This document is prepared, John D. mentions himself, Permellia and his thirteen other siblings. Not knowing at the time this estate will be in court for many years and is not settled until around 27 August 1935 with all the siblings being deceased and it being passed on to their children and grandchildren that are named in another document.
Transcribed by Bobby Prosser; in this document J. D. (John Duke) mentions all thirteen of his siblings. This helps Prosser researchers affirm the children of James and Frances Richardson Prosser). Added to Chestnut Ridge Cousins Facebook Web site by Bobby Prosser.