Will of Wash Pryor
[Will Book 1, pages 129-144 (transcribed by David Johnson)]


I Wash Pryor of Marion County Tennessee realizing the uncertainty of life and the certainty of death desiring to arrange my affairs as in my judgment is just and right whilst I am yet living hereby make and publish this my last will and testament. I desire that at my death all my just deabts [sic] be immediately paid and settled, including all necessary funeral expenses after which I desire and will that all my property be distributed and divided between my children and wife as hereafter set forth.

I will and bequeath to my beloved daughter Fanny Kate Pryor the upper division or part of my "river bottom" farm which division or part given my said daughter Fanny Kate Pryor is described by metes and bounds as follows:
Lying and situated in the fifth Civil district of Marion County Tennessee on Tennessee river Beginning at a rock corner on the North bank of said Tenn river above the dripping spring at what is known as the Narrows which is the corner between the Hall and Oats places with pointers. Said corner stone being 18 1/4 P. [Poles] N 27° East from where the letter W. P. are cut on the face of the bluff on the north side of the road fence running with the Hall line N 7 Poles crossing the wagon road to a rock in a steep bank with Pin Oak and Red Elder and Lynn and Walnut pointers: thence up the mountin [sic] N 23 1/2° E 16 2/8 Poles to a rock set up to a Pin Oak and Cedar pointers above bluff in the Haleys 5000 acres line fence [sic] with the line of the T. C. I and R. R. Co. S 5 1/2° W 65 3/8 P with Hickory and aspen pointers at an old dead Mulberry corner of the old Oats track. Thence with the line of the T. C. I. and R. R. Co. North 47 1/2° W 29 P up a hollow to a rock at a small bluff near the mouth of a branch with Ash Poplar and Chestnut Oak pointers. thence up the mountain N 81 1/2° W 8 P. Thence 43 1/2° W 18 P to a rock with Pointers. Thence N 87 1/2° W 120 P to a rock with pointers Thence N 15° W 80 P to a rock set in a Pine stump Thence N 37° W 84 P to a rock corner formerly a Black Oak thence down the mountain S 54° West crossing the wagon road 140 P to a rock on the South side of a branch with Cedar Elm and Pine Pointers. Thence North 47 3/4° W 124 P crossing the Cedar Ridge to a White oak marked H. with a rock set up at root between the branch and the Old road a corner of the T. C. I and R. R. Co. survey and also corner of a 300 acre survey in the name of A. M. Stone Thence with the center of the road N 76° W 10P.  N 63 3/4° W 12P.  S 87 1/2° W 11P.  S 78 1/2° W 14P.  S 50 1/2° W 10 1/2P.  S 83 1/27deg; W 11P.  N 82 1/27deg; W 8 1/4P.  N 63 1/4° W 4 1/2P.  N 79 1/2° W 12P.  N 66 3/4° W 11P.  S 86° W 12 P.  S 57 1/2° W 18P.  N 12 1/2° W 16P.  N 60° W 22P.  S 71 1/2° W 20P.  N 86° W 18 1/4P. to a rock set up in the middle of the main Valley Road 83P N 40° E from the N. E. corner of the Spring of the Cedar House at the foot or ridge it being the same in which Henry Peck now lives. With four Sweet gum pointers Thence up the middle of the road N 2 1/2° E 24p.  N 1° E 16P.  and 12 links to a rock in the middle of the road with Maple Black Gum and Sweet Gum pointers Thence leaving the road N 86 1/4° W 12 1/2P.  to a rock in Peck's line J. B. Hoge's N E corner Thence with Hoge's line South 3 1/4° W 66 1/4P.  to a rock Hickory and White Oak and Post Oak said Hoges S. E. corner in the line of the T. C. I. and R. R. thence with said Company line S 75° E 8P.  to center of road leading from Jasper to Inman with pointers thence with said road S 27 1/2° W 40P.  S 17°  W 17P.  to a stone corner 1 Pole West of road with Red Oak and Chestnut Pointers. Thence N 79° E 13 1/5 Poles  to a stone in a field The S. W. corner of a 30 acre tract the Bryant and Oats tract thence with line of same S 16 3/4° E 14 Poles to a rock with pointers the S. E. corner of said 30 acre tract. Thence with line of same N 51 1/4° E 54 3/4 P. to a rock set in the ground with pointers Thence S 29 1/2° E in part with Stone fence 365 1/2 P to a rock set in the ground at the waters edge of Tennessee River with two Maples and one Elm marked as pointers in the West boundary of the old Stone farm thence up the River with its meanderings [a senseless list of metes and bounds given- general direction was north and east up the river- none necessary- you either follow the water's edge to the beginning point, or you don't] To the Beginning containing Eight Hundred and five acres (805) I also give and bequeath to my said bloved [sic] daughter Fanny Kate Pryor interest to the amount of Five Thousand Dollars in Insurance Policies on the life of my wife Mary A. Pryor as follows No 1329-- in the Penn Mutual Life of Philadelphia Pa. paid up policy for $4000. Due April 25th 1907. No 168862 in Union Central Life Insurance Co of Cincinnati O. for $10,000 I also give and bequeath to my loved daughter Fanny Kate Pryor ($11000) in cash all said property both real and personal lot I will to my daughter Fanny Kate Pryor is for her sole benefit and separate use and free from any liability of her husband should she ever marry

I will and bequeath to my daughter Sarah G Bennett wife of Samuel Bennett for her own separate use and benefit free from any debts or liabilities of her husband Samuel Bennett or any future husband she may have the lower division of my Tennessee River farm situated in the 5th civil district of Marion County Tenn Described as follows:

Beginning at the S. W. corner of the middle division of said farm as surveyed by Carrey Kelly on a rock set in the ground near the waters edge of the Tenn river with two Sycamores marked as pointers: Running thence with the line of the said middle division of said farm which middle division is in this will bequeathed to my son A. W. Pryor and with a wire fence N 40 1/4° W 5 1/2 poles  N 52 1/2° W 133 1/5 poles   N 31 1/2° W 68 poles and 19 links Thence on with the wire N 8 1/2°  W 30 poles and seven links N 14 1/2° W 28 4/5 poles to a rock fence Thence N 9° E 4 poles  to a Cedar gate post at a double gate at the foot of a hill Thence N 35 3/4° W 2 poles to a Sweet Gum with Sweet Gum pointers at a small branch or a ravine Thence up said branch or hollow N 61 1/4° Wrest crossing Talley Road at about 60 poles in all 108P to a rock set in the ground with pointers on hill side Thence across the hill S 28 1/4° W 42 4/5 poles to a cedar stake driven in the center of public road with pointers about 23 poles above old shop Thence with the road N 64° 22 poles  S 70 3/4° W 19 2/3 poles  N 67° W 22 poles  S 71 3/4 W 22 poles  S 54° W 2 poles and 19 links to a rock Post Oak and other pointers thence on with the road S 25° W 25 1/5 poles  S 32 1/2° W 27 1/4 poles to a Cedar Post Oak and other pointers In J H Hoges line Thence with Hoge line S 85 1/2° E 63 1/3 poles   to a rock Post Oak Hickory and other pointers in a line of a 50 acre survey of my own It being Hoges N. E. corner 54 poles N 75 3/4° W from the Sulphur Spring in the S. W. of my house Thence with Hoges line S 3 3/4° West from the corner of the previous 50 acre tract at 55 1/2 poles and with line of 200 acre tract deeded by J H Hoge and J B Hoge to my self in all 256 poles to a rock in the gap of the ridge with pointers Thence S 86 1/2° E 12 1/8 passing a rock corner at 12 1/2 poles in all 143 poles to a rock in the top of the bluff with Cedar, Ash and Hickory pointers Thence with the bluff and rock fence [long list of metes and bounds, needless to transcribe all. It essentially is now turning south to the Tennessee River again and then along the River to the Beginning point, with no further mention of bounding neighbors.] ... to the beginning containing 700 acres.

I also will and bequeath to my bloved [sic] daughter Sarah Green Bennett another certain tract situated in the 5th civil district of Marion County known and called the Maxwell Place fully described in a deed from Wm Pryor and wife to me dated April 11, 1885 and registered in Registers office of Marion County Tennessee in Book O, page 292, all of which is referred to for definite description of said land. I also give and bequeath to my said daughter Sarah G Bennett another tract of land situated in Sequachee County Tennessee and known as the Wilson Place being the lands purchased by me from M E Deakins as Trustee of W. H. Wilson and described in Deed Executed by M E Deakins Trustee on Oct 1st 1894 and registered in the Registers Office of Sequachee County in Book 4 Page 367-368 all of which is referred to for Definite Description of the lands hereby bequeathed I hold a policy on the life of Samuel Bennett in the Penn Mutual life Insurance Co of Philadelphia Pa for $5000.00 No of policy 78915 also one policy of Insurance on the life of said Samuel Bennett husband of my daughter Sarah G Bennett in the Central Life Insurance Co of Cincinnati O. for $10000.00 Policy No 170789 If at the time of my death said two policies have been carried long enough to surrender for paid up Policies to the amount of $5000 together I desire that my bloved [sic] Sarah Green Bennett have said Policies on the benefit of the same in case of the death of the said Samuel Bennett her husband whose life is Insured said Policies being her properties by this will I stated before all and any of the bequests and gifts made to the said Sarah G Bennett or [sic] to be her separate property and free from the debts or liabilities of the said Samuel Bennett or any future husband she may have. I also will and bequeath to said daughter Sarah G Bennett another certain tract of land in Davidson County Tennessee near Nashville being all the land owned by me in Davidson County and full description is given in a deed executed to me by Nathaniel Baxter Jr. Clerk and Master of the Chancery Court of Davidson County on the 13th day of May 1874 in Book No 40 Page No 453 of said Office which are referred to for complete description

(Third)

I give and bequeath to my son Andrew Washington Pryor the following described property with the condition hereinafter set out in this will. I give the said Andrew W. Pryor the tract or parcel of land lying and situated in Sheltons gap containing about Two hundred acres in the 5th District of Marion County and fully described in a deed executed to me by Wm Pryor and wife on April 11th 1885 and registered in Registers Office of Marion County in Book O Page 293 & 294 and which is referred to for complete description of said lands bequeathed. I also give and bequeath my said son Andrew W Pryor one other tract of land in the 7th Civil District of Marion County Known as the Byrne Mill Place which was conveyed to me by deed dated January 1st 1897 by Wm Byrne and M. M Byrne his wife W R Hall Trustee and S. C. Byrne Trustee which deed was registered in the Registers Office of Marion County in Book CC Page 352 and 353 which is referred to for complete description. I also give and bequeath another small tract containing one acre adjoining the Byrne lands conveyed to me by J T Minter and wife September 30th 1897 and registered in the Registers Office of Marion County in Book DD Volume 2 page 89 which is referred to for description. I also give to the said Andrew W. Pryor one other tract or parcel of land Adjoining the said Byrne place and fully described in a deed from G W Killian and wife to me on September 1897 and registered in the Registers Office of Marion Co Tennessee Book DD Vol 2 Page 91 which is reffered to for description. I also give and bequeath to my said son Andrew W. Pryor one other tract or parcel of land in the 5th Civil District of Marion Co and described as the middle division of my River bottom farm as run off and divided by Carry Kelly which partition alloted and given to the said Andrew W Pryor is described as follows, beginning at rock set in ground at waters edge of Tennessee river with two Maple and Elm marked as pointers same being the S W corner of the upper division of said farm willed by this will to Fanny K Pryor; Running thence with the boundary of the upper division N 29 1/2° W 365 1/2 Poles to a rock with pointers in a line of a 30 acre tract from Bryant to Oats thence with a line of the same S 51 1/4° W 54 3/4 Poles to a rock with pointers Thence N 86 3/4° W 14P. to a rock set up in a field Thence S 79° W 13 1/5° [sic- should be poles, not degrees] to a rock one pole West of road with red oak and Chestnut pointers Thence N 87 3/4° W 51P. to a rock at the foot of a dead Sourwood with Sweet Gum pointers Near a branch Thence S 71 1/2° W 43 Poles to a small Black Oak with Black Oak on top of a ridge Thence S 39 1/2° W 62 2/3 P to a rock in a Sweet Gum stump about 28 feet west of the road leading from Pryor barn to the old mill Thence S 72 1/4° 65 1/4 Poles to a small Black Jack with Black Oak and Chestnut pointers Thence with the top of the ridge S 50 1/4° W 48 poles crossing a large hollow to Two Black Gums with pointers on the point of the ridge [Not transcribing all these metes and bounds. See the original image on this web site.] ..... to beginning containing 518 acres.

I also give and bequeath to my son Andrew insurance benefit which on my wife Mary A. Pryor in the Penn Mutual Life Insurance Co of Philadelphia and the Central Union Life Insurance Co. of Cincinnati Ohio to the amount of $5000
no
100


I desire and intend that the lands willed to my son Andrew which have been described as the middle division of the river farm and the Shelton gap lands to be held and controlled by my wife Mary A Pryor in trust for my said son and his children until he arrives at the age of 35 years if he should live that long when and which time to wit: When he arrives at the age of 35 years should his mother Mary A Pryor deem him worthy that is sober Frugal and capable of managing the property she shall give him entire control and possession of said property to use and dispose of as he shall desire. But should my said son Andrew not so conduct himself that in the judgement of his mother Mary A Pryor Trustee he should not have the disposition of the property then in that event she (his mother) shall continue the trust for the use and benefit of the said Andrew W. Pryor during his life and then to go to his children if he have any and should he have none then said property to go to his next of kin.

I also give and bequeath to my son Andrew W. Pryor the Roller Flour Mill situated on the hill near where I now live about 1 1/4 miles North of Jasper also the use of the house in which said mill machinery is now placed so long as he runs said mill in it but no longer and he shall have the use and occupation of the dwelling house situated across the road and opposite said mill so long as he may use occupy and run said mill but none of the land on which said mill is built and should he at any time cease to run said mill and occupy said house by abandoning same then said property is and shall become the property of my wife Mary A. Pryor to whom I herein give and bequeath the lands on which said house and mill is built

I also give to my son Andrew W. Pryor the use of the mill lot where said mill stands while he runs said mill on said lot and also he is to have the use of the carriage house and old barn lot while he continues the use of said mill.

I desire that the policies on my wife Mary A. Pryor and Samuel Bennetts lives be carried and paid up out of my personal Estate until said policies are worth and can be exchanged for paid up policies which altogether amount to the sums set apart in this will for my said children except one certain policy of the life of my wife Mary A Pryor No __ which is herein after mentioned and disposed of.

(Fourth)

I give and bequeath to my beloved wife Mary A Pryor our home place near Jasper Tennessee on the road leading from Jasper to Sequatchee together with all its belongings and easements it being the old Green H. Pryor place fully described in a Deed Executed to me on the 1st day of September 1876 and was received for registration in the Registers Office on September the 1st 1879 in Jasper Marion County Tennessee and registered in the Registers Office Book L Page 774-56 I intending to give my beloved wife Mary A Pryor all the lands I now own that belonged to or has been added to the Green H Pryor Place part of said land is also described in a deed executed to me by A L Spears on June 26th 1893 and registered in the Registers Office of Marion County Book Q Page 465 which is referred to for description

I also give to said Mary a. Pryor all the benefit and right and privalege [sic which was conveyed to me A L Spears by deed on November 25th 1893 and registered in the Registers Office of Marion County in Book Q Page 107

I also give to my said wife Mary A Pryor two other tracts or parcels of land in the 7th District of Marion County Tenn in which tracts are described by bounds in the deed executed to me by H O Ewing Clerk of the US Court of Chattanooga on March the 28 th 1894 and registered in the Registers Office of Marion County Tenn in Book AA Page 377 which is refered [sic] to for full description of said two tracts of land bequeathed

I also give to my said wife Mary A Pryor two other tracts or parcels of land lying in the 7th Civil District of Marion County deeded to me by H O Ewing Clerk of the United States Court at Chattanooga on March 12th 1894 and registered in the Registers Office of Marion County in Book AA Page 379 which is refered [sic] to for full description of the lands hereby bequeathed Also another small tract adjoining the last described land Known as the "Nance Rides Place" and deeded to me by A L Spears and others for description references made to Registers Book in Registers Office in Marion County this I bequeath to my said wife

I also bequeath to my said wife Mary A Pryor another parcel of land in the 7th Civil District of Marion County Tennessee deeded to me by Emma R. Rogers and B F Rogers and to F. Chandoin on March the 9th 1896 and registered in the Registers Office of Marion County in Book BB Page 274 which is refered [sic} to for description

I also give and bequeath to my wife Mary A Pryor another piece or parcel of land in Marion County being 1/2 interest and to a store house in lot in South Pittsburg Tennessee which was conveyed to me on Dec 29th 1897 by Roullie Beene and wife Lou M Beene and which is refered [sic] to Book DD Volume 2 Page 184 in Registers Office Marion County for description

I also give to my said wife Mary A. Pryor another tract of land in the 5th district Known and called the Cedar ridge tract bounded and described as follows: [Not copying all these metes and bounds- See image of this page on this web site.] [mentions Hoges corner, Lewis corner, and Mrs Mitchel's line, north bank of Tennessee River and Pryor's line (of 300 acres) (his own line). Corner of Kelly and Ball. Seems to adjoin the land he divided into thirds for his three children? The tract here given to Mary A Pryor was 342 acres]

I also give to my wife Mary A. Pryor a certain Life insurance policy which I hold on her life or the benefit of the same which is for $10000 in the Mutual Life Insurance Co of New York being No. 326432 I desire that said policy be paid up and my said wife have the benefit of the same. I also will and bequeath to my beloved wife Mary A. Pryor cash to the amount of $6000 I desire and intend that my wife Mary A Pryor have all the property herein willed to her for her own separate use and benefit to use and dispose of she may desire during her Natural life, but should my said wife die such and all of said propertty that had not been disposed of or used by her shall be equally divided between our three children Fanny Kate Pryor Andrew W Pryor and Sarah Green Bennett share and share alike and should any of said heirs die then in that event Children of said child will take part alloted [sic] to their parents. should any of my children die without issue, said childs part shall be divided between my surviving children. Should there be no issue of mine living then all of my property both real and personal in that event shall be divided equally between mine and my wife Mary A Pryor nearest of kin

I desire that my Executor or Executrix shall take into possession any and all other property both real and personal I may own at the time of my death not disposed of in this will and divide the same equally between my three children Fanny Kate Pryor Sarah G Bennett and Andrew W Pryor and my wife Mary A Pryor each to have one fourth of the same and if said property or any part of the same cannot be so divided then my executor sell such property and divide the proceeds as directed.

If there is not enough cash on hand to pay the $1000 to my daughter Fanny Kate and the $6000 cash to my wife Mary A. Pryor then my executor will sell enough of personal property not hereto fore disposed of and pay off the legacies: and should there not be sufficient personal property and cash to carry out fully the bequest then the said Fanny Kate and Mary A. Pryor shall be made equal with the other two out of that herein willed to them

I appoint my wife Mary A. Pryor executrix of this my will to fully carry out its terms and have the fullest confidence in her judgement and fitness. I desire that she may not be required to execute any bond as such executrix. Should she deem it necessary to employ legal advise I direct that she do so and pay for the same out of my effects.

Having duly and cainly [sic ?] considered the terms and conditions of this will and having distributed all my property as in my judgment [sic] is right and just and desiring that its terms shall be fully carried out and mantained [sic] I therefore will that should any of those interested in the bequests of the same become dissatisfied with the part or parts alloted [sic] to them, her or him, and should make any attempt to destroy or set aside said will or any of its terms then such party heir or legatee shall receive nothing of my estate, not even the portion given by this will.

This July 9th 1898

Wash Pryor

Signed and executed in our presence and witnessed by us at the request and in presence of the testator Wash Pryor and in the presence of each other This July 9th 1898

Byron Pope
J. S. Bennett

State of Tennessee
Marion County

Personally appeared before me J R Pryor Judge of the County Court of Marion County J. S. Bennett and Byron Pope two subscribing witnesses to the with[in] [sic] paper writing purporting to be the last will and testament of Wash Pryor and being duly sworn say that they witnessed the signature of Wash Pryor testator of the within will and that each of them signed said instrument as witnesses at the request of said Wash Pryor and in the presence of each other.

Sworn to and subscribed before me July 31, 1903

J. R. Pryor
Co Judge

J. S. Bennett
Byron Pope