Bibb County GaArchives Wills.....Johnston, William March 2 1837 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: LINDA MEADOWS t boyd tdbroots@yahoo.com Source: Will Book A, Pages 53- 56 Written: March 2 1837 Recorded: November 1838 Last Will and Testament of William Johnston In the name of God Amen, I William Johnston of the County of Bibb and State of Georgia, Planter, being of health of body and sound in mind and memory, do make and declare this my last will and Testament, revoking all other wills by me heretofore made. Item 1st: I wish all my just debts speedily and punctually paid. Item 2nd : I give and bequeath to my beloved wife Millison S. Johnston for the term of her natural life two lots of land lying and situated in the Fourth District of originally Houston now Bibb County and known in the plan of said District as lots number two hundred and thirty and two hundred and thirty one together with the houses and improvements thereon also Lots of Land number Three in square Twenty four in the City of Macon with the improvements thereon, also four negroes viz one girl named Rose and her increase a negro woman named Venus, and man named Robert, and a boy named Squire, also ten head of horses and fifteen head of sheep such as she may select out of the stock of cows, horses and sheep I may have on hand at the time of my death also all my stock of hogs, all my household and kitchen furniture of every description all my plantation tools, together with the corn and cotton crop that may be in my possession at the time of my death, all which at the time of the death of my wife shall be sold and equally divided amongst all my children, but whatever she shall make with said property during her life shall be absolutely hers and subject to be disposed of by her by will or otherwise. I also give my beloved wife Millison S. the free use of two lots of land viz number one hundred and eighty three in the fifth district of originally Houston now Bibb County until my son Luther R. Johnston is eighteen years of age and number Two Hundred and thirty two in the fourth district of originally Houston now Bibb County until my son Morgan P. Johnston is eighteen years of age. Item 3rd: I will to my son Gideon Johnston all my property that I have heretofore given him including the negro man Tony which he has received except a negro woman named Becca and her three children, which I have delivered over to him with the understanding that he shall divide them equally between himself and his three brothers. These negroes it is my will shall be divided between the said Gideon and his two brothers Caleb and Asa Johnston unless he has sold them and if he has sold them that he shall divide the proceeds equally between himself and his brothers and upon the making of the said division a Note of one thousand dollars which I hold on the said Gideon Johnston is to be given up to him and if the said division should not be made it is my will and desire that the said Gideon shall pay unto the hands of my Executor two thirds of the amount of said note to be by them immediately paid in equal proportions to the said Asa and Caleb Johnston and the balance of said note to be given up to the said Gideon. If however the said Gideon should have made or shall hereafter make any arrangements with the said Asa and Caleb in regard to their portion of said property it is then my will that the said note should be given up to him. Item 4th: I will to my son Caleb Johnston all the property I have heretofore given him including five hundred and fifty dollars handed him by me. Item 5th: I will to my daughter Mary Ann Turk all the property that I have heretofore given her (including the negro woman Amelia with her present and future increase) which she has received. Item 6th: I will to my daughter Rebecca Turk all the property that I have heretofore given her including the negro man Jim which she has received. Item 7th: I will to the wife and child of my deceased son Joel Mac Johnston all the property which I gave him and he carried off with him during his life time. Item 8th: I will to my son Asa Johnston all the property that I have heretofore given him including negro man Maj which he has received. Item 9th: I will to my son Lloyd Johnston all the property that I have heretofore given him including Frank which he has received. Item 10th: I will to my son Albert Johnston all the property that I have heretofore given him including five hundred and fifty dollars handed to him by me. Item 11th: I will to my son William B. Johnston a negro man named Sam, a girl named Sal with her increase, also the lands on which he now lives in Bibb County being the same conveyed to him by deed from Dr. Collins and now on record also one feather bed and bed furniture, three cows and calves and one yellow bay horse, saddle and bridle all of which he has received except the negro girl Sal. Item 12th: I will to my daughter Susan Clark three negroes viz Allen, Peggy, and Nancy with their increase including all the property I have heretofore given her which she has received. Item 13th: I will to my daughter Eliza Harrington three negroes to wit, Maria, Harriet and Caroline one horse saddle and bridle, one feather bed and bed furniture and three cows and calves all which she has received. Item 14th: I will to my daughter Vastille Johnston four negroes viz Fanny, Mourning, Viney and Orange and their increase one horse saddle and bridle one feather bed and bed furniture and three cows and calves with their increase. Item 15th: I will to my son Luther R. Johnston three negroes viz Spencer, Tom and Matilda with their increase one horse, saddle, and bridle, one feather bed and bed furniture and three cows and calves with their increase also one Lot of Land in the fifth district of originally Houston now Bibb County known as number one Hundred and Eighty three, the said Luther R. to go into possession of said Land or receive the rents, issues and profits from the time he arrives at the age of eighteen years. Item 16th: I will to my son Morgan P. Johnston four negroes Jack, Maria and her two children with their increase one horse, saddle and bridle, one feather bed and furniture and three cows and calves with their increase also from the time he arrives at the age of eighteen years, Lot of Land number two Hundred and thirty two in the fourth district of originally Houston now Bibb County. Item 17th: I will to my daughter Millison H. Johnston four negroes viz young Ben, Daniel and Mary and Jean with their increase, one horse, saddle and bridle one feather bed and bed furniture and three cows and calves with their increase. Item 18th: I will to my daughter Ann Miriam Johnston four negroes viz Wiley, Powell, Julius, and Sophia with their increase, one horse saddle and bridle one bed and bed furniture and three cows and calves with their increase. Item 19th: I will to my sons and daughters all and every species of property not mentioned heretofore to be sold and disposed of in the best possible manner and after being sold debts due me collected and all my just debts paid to be equally divided amongst all my children alive alike at the time of my death, but the portion to which my daughter Martha Holleman shall be entitled under this clause of my will as well as the seemed class of my will to be invested in some productive property and settled in trustee for her sole and separate use, not to be disposed of even with her consent, but for the purpose of being revested in other property to be settled on her in like manner and with like conditions. Item 19th: I desire that my negro fellows Harry and Chance be hired out and that the proceeds of their hire be appropriated to the maintenances and education of my youngest children until the youngest shall become of age or shall marry and at that time to be sold and the proceeds to be equally divided amongst all my children alive at the time of my decease. Item 20th: It is my will that my beloved wife shall retain in her hands all the property of my children which I had by her until they become of age or marry or she may deem them capable of taking charge of it except the other executors should have reason to believe that she was wasting the said property and what she makes of said property is to be absolutely hers, but she is to make no charge for the maintenance clothing, support or education of said children. Item 21st: I appoint my beloved wife Millison S. Johnston Executrix and Peter Stubbs and my son Gideon Johnston Executors of this my last will and testament, signed and sealed this 2nd March A.D. 1837. Signed and Sealed in presence of William Johnston LS Charles I. McDonald Alexr E. Patten Abner P. Powers Georgia Bibb County Bibb Court of Ordinary November Term 1838 Personally appeared in open court before Asa E. Ernest, Myron Barrtell and Frederick Sims Justices of the said Court Charles I. McDonald and Abner P. Powers two of the subscribing witnesses to the last will and testament of William Johnston late of said county and who being duly sworn depose and say that they saw William Johnston sign and seal and declare the said last will and testament and that deponents subscribed the same as witnesses in the presence of each other and in the presence of the Testator and that they saw Alexander E. Patten sign the same as a witness at the same time with deponents. Deponents further say that the said William Johnston was at the time of the execution of said last will and testament of sound disposing mind and memory. Sworn to and Subscribed before us the day and year aforesaid Myron Barrtell J.I.C. F. Sims J.I.C. Charles I. McDonald A.E. Ernest J.I.C. Abner P. Powers The last will and testament of William Johnston deceased having been proven in open Court and Millison S. Johnston, Peter Stubbs and Gideon Johnston the Executrix and Executors therein named having been duly qualified, it is ordered by the Court the will be admitted to record and that the clerk do issue letters testamentary to the Executrix and Executors aforesaid in terms of the law. Respectfully submitted by Linda Ward Meadows, 3rd great granddaughter of William and Millison S. Hogan Johnston and 2nd great granddaughter of William Blackstone Johnston and Eleanor Bullock Johnston *****Item 3 mentions in one place that Gideon had two brothers and in another that he had three. There are two Items 19th listed in the last will and testament of William Johnston. All spellings and punctuation have been maintained from the original document. File at: http://files.usgwarchives.net/ga/bibb/wills/wl475johnston.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 10.7 Kb