TITLE LAST WILL AND TESTAMENT OF JULIUS YOUNGER JOHNSON, SR. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Submitted by: Susan Tidwell Wilburn Date: 05 MAY 2008 **************************************************************** USGENWEB DISCLAIMER: http://www.rootsweb.com/~usgenweb/copyright.htm **************************************************************** Julius Younger Johnson, Sr.b. December 30, 1846 Columbus, Hempstead County, Arkansas d. February 7, 1926 Columbus, Hempstead County, Arkansas Buried in Mound Cemetery on Johnson Family Plantation Columbus, Arkansas Son of James Ford Johnson and Henrietta Louisa Walker ***************************************************************** KNOW ALL MEN BY THESE PRESENTS: That, I, J. Y. Johnson, of Columbus, in Hempstead County, Arkansas, Being of sound and disposing mind and memory but in feeble health and realizing the uncertainty of life, do hereby make, publish and declare this to be my last will and testament, hereby revoking any and all wills by me at any time heretofore made. First. I hereby appoint my sons J. O. (James Otis) Johnson and H. L. (Henry Louie) Johnson, or the survivor, as the sole executors of this, my last will and testament, without bond, and I hereby direct that my said executors, or executor in the event either should die, to pay all my just debts and funeral expenses, including the expense of a suitable monument or marker at my grave, as soon after my death as may be convenient. Second. I give and bequeath and devise to my son Joe H. (Joseph Henry) Johnson, if he be living at the time of my death, the sum of Twenty-five and no/100 Dollars ($25.00) in cash, to be paid to him by my executors as soon after my death as may be convenient. I have already advanced to the said Joe H. Johnson the sum of Two Thousand and no/100 Dollars ($2000.00), and this will be his full part of my estate, and for this reason I only give him $25.00. Third. I also give and bequeath and devise to my son, Thomas L. (Thomas Lee) Johnson, if he survive me, to be his absolutely and forever, the extreme west twenty-six (26) acres of the East Half (E ½) of the West Half (W ½) of the Northeast Quarter (NE ¼) of Section Twenty-nine (29), in Township Eleven (11) South, Range Twenty-six (26) West, in Hempstead County, Arkansas, being a parcel of land one hundred forty-three (143) yards in width east and west and eight hundred eighty (880) yards in length north and south and upon which my old home is situated. If he should not survive me then I bequeath and devise the said home and twenty-six acres of land upon which the same is situated so his widow, Louise Johnson, and his surviving children, or the survivor or survivors of them, to be theirs absolutely and forever, share and share alike. Fourth. After the payment of my just debts and funeral expenses and the small legacy above mentioned to be paid to my son, Joe H. Johnson, I hereby give, bequeath and devise all the rest, residue and remainder of all property of any and every description whatever, whether real, personal or mixed, and wherever situated, which I may own or in which I may be in any manner interested at the time of my death (except my home and the twenty-six acres of land upon which the same is situated herein before bequeathed to my son, Thomas L. Johnson, if he shall survive me and to his widow and surviving children, or the survivors of them at the time of my death if he should not survive me) to my sons, Will Ford Johnson, J.O. (James Otis) Johnson, H. L. (Henry Louie) Johnson, and James W. (James Wilson) Johnson, and to the children of my deceased son, J. Y. (Julius Younger) Johnson, Jr., deceased, shall take one share only, to be equally divided among them, less, however, whatever sum or sums that I have already advanced or may hereafter advance to any of my said sons and grandchildren, By the terms of this provision I intend that each of my sons, Will Ford (William Ford) Johnson, J. O. (James Otis) Johnson, H. L. (Henry Louie) Johnson, and James W. (James Wilson) Johnson, shall receive, if living at the time of my death, an undivided one-fifth (1/5) interest in such residue and remainder of my estate and Virginia Johnson, Bradley (Bradley Edwin) Johnson, and Evelyn (Florence Evelyn) Johnson, children of my said son, J. Y. (Julius Younger) Johnson, Jr., deceased, shall together receive and undivided one-fifth (1/5) interest of such residue and remainder, such one-fifth interest to be divided equally amount them, or the survivors of these, my said grandchildren, share and share alike. Fifth. I have already advanced to my sons Will Ford (William Ford) Johnson, J. O. (James Otis) Johnson, H. L. (Henry Louis) Johnson, and James W. (James Wilson) Johnson, the sum of Two Hundred Fifty and no/100 Dollars ($250) each, and I have also advanced to the widow and children of my deceased son, J. Y. (Julius Younger) Johnson, Jr., the sum of Two Hundred Fifty and no/100 Dollars ($250.00) and these amounts need not be considered as advancements in making the division of my property, as aforesaid, for the reason that this is a like amount advanced against each share. I have also advanced the further sum of Six Hundred and no/100 Dollars ($600.00) to my son James W. (James Wilson) Johnson, and I have no note for this amount, and this $600.00 shall be charged against and deducted from his part of my estate. My son, J. O. (James Otis) Johnson owes me the sum of Seven Hundred and no/100 Dollars ($700.00) for which I hold his note, and my son H. L. (Henry Louie) Johnson also owes me the sum of One Thousand and no/100 Dollars ($1000.00) for which I hold his note, and these amounts, or such part of the same as have not been paid by said sons, shall be deducted from and charged against their parts of my estate, if they have not paid said notes prior to the time of my death. Sixth. I may, in the future, advance or loan other sums to one or more of my said children or beneficiaries hereunder, and if so, any such amount or amounts that may hereafter be advanced or loaned to any of them shall also be deducted from and charged against the portion of my estate going to any of them, as herein before provided. Seventh. No amount that I have already advanced to my son Thomas L. (Thomas Lee) Johnson shall be charged against him or the home and twenty-six acres which he is to receive, and he shall receive said home and twenty-six acres as above provided without any charge or lien or deduction against the same and no part of my debts and funeral expenses shall be charged against the same, but my debts and funeral expenses and expenses of administration shall be paid out of my other property. Eighth. I now hold a note dated February 1, 1921,and due and payable on or before January 25, 1924, for the sum of Nine Thousand and no/100 Dollars ($9000.00) and executed to J. O. (James Otis) and H. L. (Henry Louie) Johnson by Terry Field, trustee, bearing interest from date until paid at the rate of six percent (6%) per annum, interest payable annually, which is secured by vendor’s lien on seven hundred twenty acres of land in Nevada County, Arkansas, which note was transferred to me by the said J. O. (James Otis) and H. L. (Henry Louie) Johnson in connection with the sale of my farm to them, and Six Hundred Eighty and no/100 Dollars ($680.00) has been paid to my by the said trustee on said note. I am only to receive Five Thousand and no/100 Dollars ($5000.00) out of said note, with interest thereon from date until paid, less the $680.00 already paid, and the balance that may be realized on said note is to be paid to the said J. O. (James Otis) Johnson and H. L. (Henry Louie), and this to be independent of and in addition to their part of my estate as herein before provided, as they are entitled to the balance due on said note, over and above said $5000.00 and interest, but if I have not collected the said note before my death, then my estate shall only be entitled to $5000.00 and interest, as above stated, and the said J. O. (James Otis) and H. L. (Henry Louie) Johnson shall receive any and all amounts over and above this amount and interest that may be collected or realized from the lands, in the event of foreclosure. Ninth. If any of my sons should die unmarried and without issue, then the part or portion of my estate going to him under the provisions of this will shall be and become a part of my residuary estate, as provided in paragraph numbered FOUR of this will, and be divided among the survivors mentioned in and as provided in said paragraph. Tenth. If any of my said sons should die leaving a widow but no surviving children, then such widow shall receive one-half of the portion of my estate that would have gone to any such son under the provisions of this will and the other one-half that would have been received by any such son shall become a part of my residuary estate and be divided among the persons mentioned in paragraph numbered FOUR of this will or their survivors, and as provided therein. Eleventh. If any of my sons should die leaving a child or children surviving him at the time of my death then the part or portion of my estate that would have gone to any such son under the terms of this will shall go to any such child or children. Twelfth. The part or portion of my estate going to Virginia Johnson, Bradley (Bradley Edwin) Johnson, and Evelyn (Florence Evelyn) Johnson, children of my deceased son, J. Y. (Julius Younger) Johnson, Jr., shall go to the survivor or survivors of them, if either of any of said children should die prior to the time of my death, and if all or said children should die prior to the time of my death and their mother, Mrs. Aline (Ruth Aline Boyett) Johnson, should be living at the time of my death, then one-half of the part or portion of my estate that would have gone to such children or child shall go to her and the other one-half part shall become a part of my residuary estate and be divided as provided in paragraph numbered FOUR of this will. Thirteenth. If the amount of my residuary estate, as provided in paragraph numbered FOUR, shall be sufficient to pay more than Two Thousand and no/100 Dollars ($2000.00) to each of my surviving sons and Two Thousand and no/100 Dollars ($2000.00) to the children of any deceased son, then the surplus over and above such $2000.00 share shall be equally divided among all my surviving sons and children of any deceased son, so that the children of any deceased son shall take as a class and take together the part or portion that would have gone to their father, if living. FOURTEENTH. I have tried to be just and fair in making this division of my estate and I hope that all my children and grandchildren will be satisfied. FIFTEENTH. I hereby fully authorize and empower my said executors or executor as the case may be, to settle and compromise and all debts owing to or by me and to sell all real estate owned by me, except the home and twenty-six acres bequeathed to my son, Thomas L. (Thomas Lee) Johnson, and get all my estate into cash, or its equivalent, as soon after my death as may be convenient, in order to make a complete division and settlement of my estate in accordance with the terms of this will and all without any order or approval of any court, and I also authorize and empower my executors, or executor as the case may be, to execute all necessary deed and instruments of conveyance of any land that may be sold by them or that may have been sold by me in my lifetime, and any such deed or deeds shall convey the absolute fee simple title to said property as if conveyed by me in my lifetime. IN TESTIMONY whereof I hereunto set my hand and publish and declare this to be my last will and testament in the presence of the witnesses named below. On this 24th day of October, 1923. J. F. JOHNSON O. A. GRAVES CODICIL KNOW ALL MEN BY THESE PRESENTS: That, I, J. Y. (Julius Younger) Johnson, of Columbus, in Hempstead County, Arkansas, being of sound and disposing mind and memory, but in feeble health, do hereby make and publish this to be my first and only codicil to my last will and testament dated October 24, 1923, to which this codicil is attached. One. I hereby change Item Eight of my last will so that the said J. O. (James Otis) Johnson and H. L. (Henry Louie) Johnson shall only be entitled to receive the excess over and above $7000.00 that may be collected on the $9000.00 note mentioned therein, instead of the excess over and above $5000.00, as provided in Item Eight, and the said above said $7000.00 and interest that may be collected on said note in addition to their part of my estate, as provided in said Item and in said Will. Two. My will shall remain as written in all other respects and I make no change, whatever, except as above provided in this codicil. In Testimony whereof I hereunto set my hand and publish and declare this to be the first and only codicil to my last will and testament, as above provided, in the presence of the witnesses named below, on this the ____day of January, 1924. J. Y. Johnson Signed, published and declared by the said J. Y. (Julius Younger) Johnson, Sr., as and for the first and only codicil to his last will and testament in the presence of us, who in his presence and in the presence of each other and at his request have subscribed our names as witnesses hereto on this ___day of January, 1924. J. F. JOHNSON A. L. PROPPS.