August 28, 1908 – LAST WILL AND TESTAMENT OF JNO. S. APPERSON, OF MARION, SMYTH CO, VA. (Written on January 28, 1908)
Acknowledging as I do, with deepest gratitude the goodness and mercy of almighty God, in permitting the enjoyment of many undeserved blessings and the acquisition of a reasonable amount of property, for one whose opportunities have not been above the average falling to mankind, I desire to make a fair and just distribution among all my children of so much of what remains at my death, and also to provide for my wife, Lizzie A., should she survive me, sufficient for her support and comfort during her life time.
To both my first and my second wife, am I indebted for the greater part of my success, in every way attained by me in every undertaking engaged in during my life after the year 1868.
FIRST: As my children are all equal in my affection, I desire they shall all fare alike in the distribution of my limited estate.
SECOND: I desire that all my just debts be paid as soon after my death as practicable.
THIRD: I desire that all the debts due my estate be collected, or secured in such manner as will make them available as the proceeds may be needed to carry out the provisions of this will; and that this be done as soon as practicable after my death.
FOURTH: I desire that each of the surviving children of my first wife, to wit: Alfred Hull Apperson, Ellen Victoria Apperson, Sarah Denton Gibbons, Georgia Melinda Tynes, John Samuel Apperson and Nannie P. Dickinson, be paid the sum of two thousand dollars ($2,000.00), each, however, the amounts to be found charged to their respective accounts in my books; and in the case of Alfred Hull Apperson, in addition to the open account charged to him, he is due a note of March 1892, this must be deducted, but no interest shall be charged on said note. In addition to the above bequest for each of the above named children, I will and bequeath to of said children five shares of my stock in Staleys Creek Manganese and Iron Company, and twenty-five shares in Marion Foundry and Machine Works, Inc. In case of the death of either of the above named children before my death, the remaining named children of my first wife, shall inherit equally the proportion intended for the deceased child, provided, however, said deceased child or children leave no bodily heirs, if such are left, then said heir shall inherit the deceased parent’s part.
FIFTH: To my affectionate and devoted wife, Lizzie A., whose considerate care and attention and interest in the children of my first wife, have been a source of great comfort to me, provided she make no claim for the sum of seventeen hundred and fifty ($1,750.00), dollars, turned over to me and entered upon my books to her credit, or claims for any other amount she may have turned over to me, since our marriage, I will and bequeath to her and to the children born of her, to-wit: Harvey B. Apperson, Kent Apperson, Mary E. Apperson and Alexander Apperson, all the remainder of my property of every description to be used by her as in her judgment may be best for the interest of herself and the children born of her and named above, except such special bequests as I may find proper to make her.
SIXTH: Relying on my belief in the upright character of my son Alfred Hull Apperson, I hereby request that he qualify as one of the executors of my estate and request my wife, Lizzie A., to select another executor, and these two, acting as co-executors, wind up the affairs of my estate and distribute the proceeds as set above, and I particularly urge that this be done with as little delay as possible, and that no bond be required of my executors.
SEVENTH: I desire that my wife, Elizabeth A., act as guardian of all my minor children and that no bond required of her.
EIGHTH: Such special bequests as I may see proper to make will be attached to this paper and I especially enjoin my executors to see that they are distributed as directed and bequested.
GIVEN under my hand and seal this 28 day of January 1908.
Jno. S. Apperson, (SEAL)
SPECIAL BEQUESTS.
NO. 1- In the year 1905 I purchased of one Rivercomb, in Albemarle County, Virginia, a house and five acres of land at or near the village of Brownsville, this property is now occupied by my two sisters, Mary Tinsley and Susan B. Hopkins. It is my desire and will that they remain in this property so long as they may desire to do so, and without rent. My executors are hereby directed to pay all taxes on said property and to keep the dwelling insured and pay the insurance fees, and to have done such repairs to the property as from time to time be necessary. If my sisters, of their own accord, vacate the property, and have no further use for it as a home, or after their death, then the property must be disposed of or treated as any other property belonging to my estate. This 28th day of JANUARY 1908.
Jno. S. Apperson, (SEAL)
Virginia: In the clerk’s office of the Circuit Court of Smyth County, on the 12, day of August 1908:
A writing purporting to be the last will and testament of Jno. S. Apperson, deceased, was this day presented in the Clerk’s office of the Circuit Court of Smyth County, and there being no subjected witnesses thereto, B. F. Buchanan and Walter B. Jackson, were duly sworn and severally deposed that they were well acquainted with the Testator’s handwriting and they verily believe the said writings and the names of Jno. S. Apperson thereto signed, to have been wholly written by the said Jno. S. Apperson, whereupon it is ordered that the said writings, be, and the same in hereby established, probated and admitted to record as and for the true last will and testament of the said Jno. S. Apperson, deceased. And on motive Alfred Hull Apperson, the executor named therein, and Alexander Black, the executor selected by Mrs. Lizzie A. Apperson, a therein requested, who made an oath thereto, and entered into and acknowledged a bond without security, in the penalty of Forth Thousand dollars, conditioned according to law, certificate is granted them for obtaining a probate of the said will in due form.
Teste: S. W. Kent, Clerk
A COPY
TESTE: H. L. Kent DEPUTY CLERK
Recorded in will book No. 8, Page 297