WILL OF - THOMAS JOHNS, LEON COUNTY, FLORIDA File contributed for use in the USGenWeb Archives by: Robert D. Smith, (66smith99@comcast.net) USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or publication by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ******************************************************************************* Will of Thomas Johns From microfilm copy of Leon County, Florida Public Records at State of Florida Archives, Tallahassee, Florida--MF# L30 Leon County Will Books) Leon County Will Book A, Pages 108-111 In the name of God Amen. I, Thos. Johns of the County of Leon & State of Florida being of sound mind do ordain this to be my last Will & Testament, this the 20th day of February in the year of our Lord, One Thousand Eight hundred and forty-seven I give unto my beloved wife during her natural life, the tract of land on which I now reside containing Two Hundred acres more or less, and the following named slaves to wit: Johnson, Dessey, Lister, Jerry, Betty, Sam, Jack, Charles and old Jenny and her "decease" to be equally divided between my three children to viz: William, Daniel Samuel, and Sarah Jane, and should either or any two of said children die without leaving issue, then to the survivors or survivor of the above said children. Item Second. I give unto my wife all my household & kitchen furniture, poultry, stock of every kind, farming utensils & tools of every kind, Gear, wagons, carts and carriages, horses and mules, corn & fodder, Bacon, pork & lard, that I may seized & possessed of at the time of my death. Item 3rd. I give & bequeath unto my daughter Elizabeth Isler the West 1/2 of the North East 1/4 secn 33, Township 2, Range N&E and the following slaves to viz: Sarah, Pleasant, & Jack the last named being the one I purchased of her husband Green Isler, the bed & furniture, the mule & horse now in their possession. It is my desire that none of the above named property herein given to my daughter Elizabeth be subject either to the debts or contracts of her husband Green Isler, but remain in their possession and inure to the benefit of any issue she may have at her decease. Item 4. I give and bequeath to my beloved daughter Esther Smith the South 1/2 of the East 1/2 of the North West quarter sec 20, Township 2, Range 2, N&E containing forty acres more or less and the following slaves, Sylvia and Nancy. Item 5. I give unto my son Wm Johns the following slaves to viz: Chancy, Hettie and Rebecca. Item 6. I give unto my son Daniel Samuel Johns the following slaves to viz: Ann, Louisa, Henry and George. Item 7. I give unto my daughter Sarah Jane Johns the following named slaves to viz: Rhody, Amos and Hannah. Item 9. The money notes & Acts I may have on hand at the time of my decease, I give unto my wife for the use and benefit of William, Daniel Samuel, Sarah Jane to be expended in their education according to her own will and pleasure. Furthermore it is my desire that if William, Daniel Samuel, or Sarah Jane Johns should die without leaving issue, his her or their portion or parts of whatsoever kind heretofore given shall result to the survivor or survivors of the three, as the case may be. It is also my desire that if either of my said daughters Elizabeth Isler, Mary Ann Simpson or Esther Smith should die without leaving issue, then what has been heretofore given to her or them shall go to the survivor or survivors as the case may be. It is my desire that the slaves given to my sons Wm and Daniel Samuel and daughter Sarah Jane shall remain in possession of my wife, to be worked on the plantation for their support and maintenance until they shall marry or arrive at the age of 21 years, and successively to be put in possession of their gifts. Lastly. I desire so soon as practicable, that this instrument be duly recorded and that no other expenses be gone into as regards letters Testamentary unless the requirements absolutely demand the same. I nominate my wife, and son William when he becomes of age, as Executrix and Executor of this my last Will and testament and she alone until he arrives at the age required above. Signed and sealed date above Thomas Johns (seal) Written in the presence of Jacob Elliot William Lee John W. Townsend ******************************************************************************* State of Florida, County of Leon Before me James E. Broome, Judge of Probate, personally appeared Jacob Elliot, one of the subscribing witnesses to the foregoing paper writing to being duly sworn deposith and saith that he was present and saw Thomas Johns the testator sign, seal, and publish the said paper writing as and for his last will & Testament and that Wm. Lee and John W. Townsend were also present who in presence of the testator and in the presence of the deponent and each other and at the instance and request of the said testator signed the same as subscribing witnesses thereto. Jacob Elliot ******************************************************************************* State of Florida, County of Leon. The foregoing paper writing having been proven before me, by the oath of Jacob Elliot one of the subscribing witnesses, to the last will and Testament of Thomas Johns, it is ordered that it to be admitted to probate and record. Feby 27th 1847. James E. Broome Judge of Probate. ******************************************************************************* State of Florida, County of Leon. Before me James E. Broome, Judge of Probate in and for the County aforesaid personally appeared Desdy Johns widow of Thomas Johns late of Leon County deceased. Who being duly sworn saith, that she verily believes the paper writing exhibited as the last will & Testament of Thomas Johns, in which she is named as executrix is the true last will and testament, will pay all the just debts as far as his assets will extend and the law directs, that she will make a true & correct inventory of the estate, and render a true account of her administration when thereto required. Sworn to subscribed or me this 12th day of March AD, 1847. Desdy (her mark) Johns James P. Broome, Judge of Probate Desdy Johns having taken before me the oath prescribed by the statutes. It is ordered that letters Testamentary on the Estate of Thomas Johns deceased be committed to her. March 12th, 1847. Recorded March 15th 1847. James E. Broome, Judge of Probate. ******************************************************************************* State of Florida. County of Leon. I Wm. P. Bird, County Judge in and for the County aforesaid do hereby certify that the above and foregoing is a true and perfect copy of the record of the last will and Testament of Thomas Johns deceased and of the Proof Orders and relative thereto as the same appearing of record in my office, and the records of the County Court, for the year AD, 1847. Pages 79 and 80. Witness my hand and seal this 16th day of August AD, 1881. William P. Byrd County Judge