| 4. | John Riley Pack was born on 6 Apr 1871 in Indian Creek, Tazewell County, Virginia (son of Fleming "Flem" Pack and Rebecca Jane Burress); died on 7 Jul 1944 in Cedar Bluff, Tazewell County, Virginia. Other Events:
- Census: 1870, Knob, Tazewell, Virginia; Either John's birth date is wrong, or there was another son named John and possibly died an infant/toddler.
- Census 1880: 1880, Maiden Springs District, Tazewell, Virginia
- Court: Dec 1909, Tazewell County, Virginia; William Pack (Complainant) VS. Decree. John R. Pack and others (Defendant)
This cause came on again to be heard on this _____ day of December, 1909 upon the papers and proceedings in the case heretofore noted, and it appearing to the court from the statement of counsel for complainant and defendants that there is nothing further to be done in this cause, it is ordered that same is dismissed and stricken from the docket. Page 161
- Deed: 5 July 1913, Tazewell County, Virginia; Between J.R. Pack and Rosie Pack and William Whitaker
- Will: 1944, Tazewell County, Virginia
Notes:
Birth:
"Virginia Births and Christenings, 1853-1917, P83 L121" John Pack 18 Sep 1869 Sinking Waters, Tazewell, Virginia (birth date different?) Parents Flem and Rebecca J. Pack
Deed:
Tazewell County Deed Book, Deed Book 75, Page 164, 5 July 1913.
This Deed, made this 5th day of July in the year of 1913 between J.R. Pack and Rosie Pack his wife of the first part, and William Whitaker of the second part. Witnesseth: That in consideration of two hundred and eight dollars cash in hand paid the receipt whereof is here by acknowledged, the said parties of the first part do grant unto the said parties of the second part, all that certain tract, piece or parcel of land, lying in Tazewell County, Va. and bounded as follows. To Wit: Beginning at a bunch of Lynn sprouts on the top of a ridge a corner to William Whitaker thense leaving ridge S. 20 - 10 E 528 feet to a stake on end of spur at a wire fence in a line of W.B. Steel and with his line N 61' 30 W 640 5/10 ft to a locust post on said ridge a corner to WB Steel and William Whitaker and with several of Whitakers line and with top of Ridge N. 44' 30 E. 132 9/10 ft. N 37' 30 E. 146 5/10 ft. to a stake 4 ft. north of a marked locust N. 52' 30 E. 145 ft. N 49 E 146 ft to the beginning containing 4 16/100 acres more or less the said Whitaker and the said parties of the first part do covenant that they will warrant generally the property hereby conveyed; that they have the right to convey the said land to the said William Whitaker and the said William Whitaker shall have quiet possession of the said land free from encumbrances; that they will execute such further assurance of the said land as may be requisite; and that they have done no act to encumber the said lands. Witness the following signatures and seals: J.R. Pack Rosa Pack State of Virginia County of Tazewell to Wit: I, J.H. Beavers, a Justice of the Peace for the County of Tazewell aforesaid, in the state of Virginia, do certify that J.R. Pack and Rosa, his wife, whose names are signed to the within deed bearing date on the 5th day of July 1913 have acknowledged the same before me in my County aforesaid. Given under my hand this the 26th day of July, 1913 J.H. Beavers, JP Virginia: In the Clerks Office of Tazewell Circuit Court, Oct. 18, 1913. This deed was presented and upon the annexed certification of acknowledgement, admitted to record.
Will:
Last Will and Testament of John Riley Pack
I, John R. Pack of Tazewell County, Virginia, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my last will and testament, hereby revoking all wills by me at any time heretofore made.First, I do give and bequeath all my money and a One Thousand Dollar Government Bond equally to my four children, namely: Brooks F. Pack, Ellie Whitaker, Thelma Christian, and Helen McCann.Second, I do give and bequeath all other personal property found upon my farm at my decease equally to my four children above named. It is my desire that they divide the property in kind if they can come upon an agreement as to how it should be divided, and if they cannot do this, it is to be sold by my executor and the proceeds divided equally.Third, I do give, devise and bequeath my two daughters, Ellie Whitaker and Thelma Christian, the lower part of my farm joining Bill Whitaker and starting below the house at a locust post on the edge of the public highway; thence from this post a straight line to the main branch and from there running with the fence as far as it goes, then dividing the spur a straight line to where my land joins the Gillespie heirs. The said devise is in fee simple.Fourth, I do give, devise and bequeath to my daughter, Helen McCann, that portion of my farm where the home stands, starting at a small locust thence a straight line to a stake near the center of a point; thence a straight line to a stake in the short crook in the line between my land and the Gillespie heirs. The said devise is in fee simple with the exception of the cemetery. The said cemetery is to be excepted and reserved from any conveyance that might be made of the said land by the said Helen McCann, her heirs, assigns, or personal representative.Fifth, I do give, devise and bequeath to my son, Brooks F. Pack, the balance of my farm up to the Duncan Line. The said devise is in fee simple.Sixth, I give, devise and bequeath to all of my four children herein before named, a right to use the spring located near my home place with a right of ingress and egress to the said spring.Seventh, Although the portions herein before set out and devised to each of my children is a fee simple, none of them shall sell his or her portion to any person other than a brother or sister within a period of five years. After the said period of five years each one of them may sell or transfer to any person they desire.Eighth, I do give, devise and bequeath to each of my four children herein before named and mentioned a right of way over the portions granted to all of them. This is, each and every child shall have a right to pass over the portions granted to the others. Ninth, I do appoint my son, Brooks F. Pack, as the executor of this my last will and testament; and I do direct that no security be required of the said Brooks F. Pack as executor hereof upon his qualification.In witness whereof, I hereunto subscribe my name and affix my seal to this, my last will and testament, which is written without any interrelations of erasures on one side only of two sheets of paper, this the 20th day of May 1944.
John R. Pack
The above signature of the testator was made and the foregoing will was acknowledged to be his last will and testament by the said testator, in the presence of us, three competent witnesses, present at the same time; and we, the said witnesses, do hereunto subscribe the said will on the date last above written, in the presence of the said testator and of each other, at the request of the said testator, who was then of sound mind and over the age of twenty one years.
J.K. McFarlene John W. Buchanan Mrs. Ida Buchanan
Virginia: In the Clerks Office of the Circuit Court of the County of Tazewell, the 15th day of July 1944
In Re: Last Will and Testament of John R. Pack, deceased.A writing dated the 20th day of May, 1944, purporting to be the last will and testament of John R. Pack was this day produced in said Clerk's Office and offered for probate. It appearing from the evidence introduced that the said John R. Pack died on the 7th day of July, 1944; that at the time of his death he was a resident of Tazewell County, Virginia, and owned personal property and real estate therein.Thereupon came John W. Buchanan and Mrs. Ida Buchanan, two of the subscribing witnesses to said writing, who, after being duly sworn, stated that the said writing dated the 20th day of May, 1944, was signed and acknowledged by the said John R. Pack in their presence, and in the presence of J.K. McFarlene, the other subscribing witness thereto, and that they, the said John W. Buchanan, Mrs. Ida Buchanan and J.K. McFarlane, signed their names thereto as subscribing witnesses at the request of the said John R. Pack and in his presence and in the presence of each other, all four being present together at the same time, and that, in their opinion, the said John R. Pack was of sound mind and memory at the time thereof. It therefore appearing that the said writing was properly executed as a will is required to be executed by law, and that the same has been legally proven the said writing is hereby admitted to probate and ordered to be recorded as and for the last will and testament of John R. Pack, deceased.Thereupon came Brooks F. Pack, who is named in said writing as Executor thereof, and qualified as such Executor by taking and subscribing the oath required by law, and by entering into bond in the penalty of Thirty-five Hundred ($3,500.00) Dollars, without security as set out in said writing.
Given under my hand this 15th day of July, 1944
Malve G. Hurt, Deputy Clerk.
Virginia - Circuit Court of the County of Tazewell
Estate of John R. Pack, deceased.I, the undersigned, who this day qualified before the Clerk of the Circuit Court of the County of Tazewell, Virginia, on my oath do say that I have diligently made inquiry and that I believe that following to be a true and correct list together with the ages and addresses of the heirs of my decedent, John R. Pack, or of those who would have been his heirs had he died intestate.
I do further declare on oath that my name is Brooks F. Pack and my post office address is Cedar Bluff, Virginia.
List of Heirs
Ella P. Whittaker 52 Daughter Cedar Bluff Virginia
Brooks F. Pack 50 Son Cedar Bluff Virginia
Thelma Christian 42 Daughter Bluefield West Virginia Helen P. McCann 30 Daughter Cedar Bluff Virginia
Given under my hand this 14th day of July 1944 Brooks F. Pack, Executor Subscribed and sworn to before me this 14th day of July, 1944
John married Mollie Rosa Beavers on 03 Jul 1889 in McDowell County, West Virginia, USA. Mollie (daughter of Henry Harrison and Phoebe J. Beavers) was born on 24 Aug 1877 in Virginia, United States; died on 31 Jan 1923 in Tazewell County, Virginia. [Group Sheet] [Family Chart]
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1919 - 1984 (65 years)
