Orange County NcArchives Wills.....Johnson, Joshua June 23, 1840 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 68-72 Written: June 23, 1840 Recorded: Aug 1840 Testator: Joshua Johnson I Joshua Johnson of the County of Orange and State of N.Carolina Being of Sound Mind and Memory, but considering the uncertainty of my earthly existence, do make and ordain this my last Will and Testament in Manner and form following; that is to say, first that my Executor (herein after named) Shall provide For my body a decent buriel[sic] suitable to the wishes of my relatives & friends and pay all funeral expense, Also all my just debts however and to whomsoever Oweing[sic] Out of the Monies which may come into their hands arriseing[sic] from my Estate Item I give and devise to my beloved Wife Sarah all my Lands whereon I Now reside lying on the No.West Side of the publick road so as to include my Mansion house and all Out houses and other improvements thereunto be- longing, With the exception of the Tannery, Store house Sad[d]ler shop and other buildings connected with and belonging to that establishment; which together with all my adjoining Lands to the Homestead lying on the So.East side of the before Mentioned Road I hereby allot to and connect with the Tannery with a view to increasing its facilities and advantages likewise ample room and priviledge round about the Tan Yard to afford Conveniences for carrying on the process of Tan[n]ing. I also bequeath unto my Wife three head of horse Out of my stock such as my Executors may think most Suitable For her to have also three head of Cattle of her Own choosing, also a waggon and suitable Gears and other Ne[ce]ssary Farming Utensils to enable her to carry on the Farm likewise All my household and Kitchen furniture and Utensils all of which property both real and personal with Every[?] of their improvements advantages & conveniences, to have and to hold to her the sd. Sarah dureing the whole Term she may remain my Chaste Widow, But in case she should Marry the whole of the above mentioned pro- -perty hereby set apart for her comfort and convenience dureing her natural life provided she remained my Chaste Widow to return to my Estate for the benefit of my Children to be distributed as a latter part of this Testament Will direct [page 2] direct, With the exception of One horse bridle & Sad[d]le and one hundred & fifty dollars worth of household furniture Selected by herself and valued by two judicious dis interested Men, which is hereby secured to her absolutely to be finally by her disposed of according to her Own Will Item. It is my Will that the above Named Tannery should be continued as heretofore in Successful Operation, by the imployment of a Capital Not exceeding Two thousand dollars under the direction of my Executors, as in their judgment may appear the most judicious and advantageous, Either by takeing in a Partner in the business or Otherwise as they may deem Most adviseable Untill my Youngest son Hiram shall arrive at the age of Twenty-One Year dureing the sd. term of his minority I desire him to devote his time and labour in and to the various branches of sd. Tannery in order that he may become Master of the Trade, For which Services (if performed) I direct my Executors to pay him Seventy-five dollars pr. Annum and that he be furnished with Sufficient Clotheing diet Lodging and Washing at the expence of my Estate. Immediately on his arrive- -ing to the age of twenty-one years it will be the duty of my Executors to Sell the whole of the stock (Exclusive of the Land and improvements) in any way connected with sd. Tannery in whatsoever it may consist and Equally divide the proceeds Amongst all my Children. From that period I hereby Will and devise to my son Hiram and my daughter Anna All this afore mentioned tract or tracts of Land whereon I now live lying on both sides of the road supposed to contain between 400 & 500 Acres More or less, Except the life Estate for my Wife in a part of it devised in a former Item in this my Will. To have and to hold to them and their heirs or assigns in Fee Simple forever Including the Tan Yard and all other improvements Whatever thereunto belonging Which I estimate & value to them in part of their distributive shares of my Estate at One thousand Dollars. Item I give and bequeath unto my Daughter Mary (Wife of Joseph Haskins) my tract of Land on Deep River in Guilford County Whereon my Sister Now Resides ad- joining the Lands of Hugh Little & other Containing 109 Acres More or less with the exception of the Right and priviledge that my said Sister Now holds and enjoys in the premises It is my Will shall be continued to her dureing her Natural life of as long as she may desire it, But on her blinquishment[sic] by death or otherwise to have [page 3] have and to hold to my sd. Daughter Mary her heirs and assigns in fee Simple forever, which I value to her at 240 dollars. Item My stock in the Cain Creek Cotton Factor I distribute amongst all my Children Namely Anna, Mary, Susanna, Calvin, Lydia, & Hiram. To the first five named I give each Eight Shares. To my youngest son the last named I give ten shares Each to receive the profits arriseing from their respective shares from the time of my death, but not authorized to Sell or dispose of in any way any portion of the stock hereby bequeathed untill Hiram attains to the age of Twenty-One Years Item It is my Will and I hereby instruct my Executor to Sell and dispose of my Interest in the Tannery in Chatham County now Owned by William Allbright & myself in the Accomplishment of which I advise them first to divide the stock and then sell it and also all my right to the Land and premises, and divide its proceeds together with those arriseing from other sources, when the amount vested in the Home Tannery can be reallised amongst all my Children equally after deducting the amt. of the Special Legacies from the part of those to whom the[y] are devised, Remembering and bearing in mind that it is the Object of the Testator to make his Children Equal in his donations, Except in the Factory Stock devised in a foregoing Item he gives to his son Hiram two shares the most. Item It is my Will that all my Mills in Guilford County and other Machinery, Lands, Plantations and buildings and improvements of all descriptions thereunto connected and adjoining shall be Kept in repair and full Operation; from the proceeds arriseing from the same Under the directions of my Executors for the Term of 15 years after my death then to be equally divided amongst all my Children herein named their heirs or assigns in any Way they may agree upon Item my will and desire is that all the residue of my Estate (if any) after takeing out the devisees[sic] and Legacies above Mentioned shall be sold and the debts Oweing to me all collected and if there should be any Surplus over and above the payment of the debts expences and Legacies shall be Equally divided and paid over to all my Children in Equal proportion share & share alike in every thing (except the Factory Stock as before observed) to them and each and every of them, their Executors Administrators [page 4] Administrators and assigns absolutely forever Lastly I do hereby constitute and appoint my trusty friends Joseph Haskins Calvin Johnson & Anna Johnson my Lawfull[sic] Executors & Executrix to all intents and purposes to Execute this my last Will and Testament, according to the true intent and meaning of the same In Witness whereof I the said Joshua Johnson do hereunto set my hand and seal [the] 23rd day of June A.D. 1840 Signed Sealed published } Joshua Johnson (seal) and declared by the said } Testator Joshua Johnson } to be his last Will and testament } in the presence of us who at his } request in his presence and in the } presence of each other we } subscribe our names as Witnesses thereto } Jno. Long Jesse Hargrove Codicil to this foregoing Will, I hereby direct that Joseph Haskin's distributive share be diminished the sum of Two hundred and forty dollars I having paid him that amt. Independant[sic] of the Land devised to him by this Will I therefore direct that he be charged the Sum of $240 in making a final distribution June 23 1840 Joshua Johnson (Witness) Jno. Long Jurat Jesse Hargrove Recorded Exrs qualified Exx. qualified P.S. the words, Share, my, Executrix, were interlined, before signed. [Will Book Volume F, page 68] I Joshua Johnson of the County of Orange and State of North Carolina Being of Sound Mind and Memory but Considering the uncertainty of my earthly existence do make and ordain this my last Will and Testament in Manner and form following that is to Say first that my Executor (herein after named) Shall provide For my body a decent buriel[sic] suitable to [the] wishes of my relatives & friends and pay all funeral expen= =se Also all my Just debts however and to whomsoever Owing Out of the Monies which may come into their hands ariseing[sic] from my Estate ~~ Item I give and devise to my beloved Wife Sarah all my Lands whereon I now reside lying on the No.West Side of the public Road so as to include my Mansion House and all Out houses and other improvements thereunto belonging With the exception of the Tannery Store house Sad[d]ler Shop and other buildings connected With and belonging to that establishment which together with all my adjoining Lands to the Homestead lying on the So.East side of the before Mentioned Road I hereby allot to and connect with the Tannery With a view to increasing its facilities and advantages likewise ample room and privilege round about the Tan Yard to afford Conveniences for carrying on the process of Tanning I also bequeath unto my Wife three head of horse Out of my Stock Such as my Executors may think most Suitable for her to have Also three head of Cattle of her Own Choosing also a waggon and suitable Gears and other Necessary farming utensials to enable [Will Book Volume F, page 69] her to carry on the farm likewise all my household and Kitchen furniture and utensils All of which property both real and personal With every of their improvements advantages & Conveniences, to have and to hold to her the sd. Sarah during the whole Term She may remain my Chaste Widow But in case She Should marry the Whole of the above mentioned property hereby set apart for her Comfort and convenience during her natural life provided She remained my Chaste Widow to return to my Estate for the benefit of my Children to be distributed as a latter part of this Testament Will direct With the exception of One horse bridle & Saddle and one Hundred & fifty Dollars worth of household furniture Selected by herself and Valued by two Judicious disinterested Men which is hereby secured to her absolutely to be finally by her dis- =posed of according to her Own Will Item It is my Will that the above named Tannery should be continued as heretofore in Successful Operation by the imployment of a Capital not exceeding Two thousand Dollars under the direction of my Executors as in their Judgment may appear the most Judicious and advantageous Either by takeing in a Partner in the business or otherwise as they may deem most advisable Untill my Youngest son Hiram shall arrive at the age of Twenty One Year during the sd. term of his minority I desire him to devote his time and labour in and to the various branches of sd. Tannery in order that he may become Master of the Trade For which Services (if performed) I direct my Executors to pay him Seventy five Dollars pr Annum and that he be furnished with Sufficient Clothing diet Lodging and Washing at the expence of my Estate Immediately on his arriveing to the age of twenty one Years it will be the duty of my Executors to Sell the whole of the Stock (Exclusive of the Land and improvements) in any Way connected with sd. Tannery in whatsoever it may consist and Equally divide the proceeds Amongst all my Children. From that period I hereby Will and devise to my son Hiram and my Daughter Anna All this afore mentioned Tract or tracts of Land whereon I now live lying on both sides of the road supposed to contain between 400 & 500 Acres More or less Except the life Estate for my Wife in a part of it devised in a former Item in this my Will To have and to hold to them and their heirs or assigns in fee Simple forever Including the Tan Yard and all other improvements whatever there unto belonging which I estimate & Value to them in part of their distributive shares of my Estate at One thousand Dollars ~~~~ [Will Book Volume F, page 70] Item I give and bequeath unto my Daughter Mary (Wife of Joseph Haskins) my Tract of Land on Deep river in Guilford County whereon my Sister now resides adjoining the Lands of Hugh Little & other Containing 109 Acres More or less With the exception of the right and privilege that my said Sister now holds and enjoys in the premises It is my Will Shall be continued to her during her natural life of as long as she may desire it But on her Relinquishment by death or otherwise to have and to hold to my sd. Daughter Mary her Heirs and Assigns in fee Simple forever Which I Value to her at 240 Dollars Item my Stock in the Cain Creek Cotton Factor I distribute Amongst all my Children namely Anna, Mary, Susanna, Calvin, Lydia, & Hiram to the first five named I give each Eight Shares. To my youngest son the last named I give ten shares Each to receive the profits arriseing from their respective shares from the time of my death but not authorised to Sell or dispose of in any way any portion of the stock Hereby bequeathed untill Hiram Attains to the age of Twenty One Years Item It is my Will and I hereby instruct my Executor to Sell and dispose of my Interest in the Tannery in Chatham County now Own[ed] by William Allbright & my self in the Accomplishment of which I advise them first to divide the Stock and then Sell it and also all my right to the Land and premises and divide its proceeds together with those arriseing from other sources when the amount vested in the Home Tannery can be realised amongst all my Children equally after deducting the amt. of the Special Legacies from the part of those to whom the[y] are ["divided" x-out]devised Remembering and bearing in mind that it is the Object of the Testator to make his Children Equal in his donations Except in the Factory Stock devised in a foregoing Item he gives to his son Hiram two shares the most. Item It is my Will that all my Mills in Guilford County and other Machinery, Lands, Plantations and buildings and improvements of all descriptions thereunto Connected and adjoining shall be Kept in repair and full Operation; from the proceeds arriseing from the Same Under the directions of my Executors for the Term of 15 years after my death then to be Equally divided amongst all my Children herein named their heirs or assigns in any Way they may agree upon Item my Will and desire is that all the residue of my Estate (if any) after takeing out the devises and Legacies above Mentioned shall be [Will Book Volume F, page 71] sold and the debts owing to me all collected and if there should be any Surplus over and above the payment of the debts expences and Legacies shall be Equally divided and paid over to all my Children in Equal proportion share & share alike in every thing (except the Factory Stock as before observed) to them and each and every of them their Executors Administrators and assigns absolut =ely forever ~~ Lastly I do hereby constitute and appoint my trusty friends Joseph Haskins Calvin Johnson & Anna Johnson my Lawful Executors & Executrix to all intents and purposes to Execute this my last Will and Testament according to the true intent and meaning of the Same In Witness whereof I the said Joshua Johnson do hereunto set my hand and seal [the] 23 day of June AD 1840 Joshua Johnson (seal) Signed sealed published } and declared by the said } Testator Joshua Johnson } to be his last Will & Testament } in the presence of us who at his } request in his presence and in the } presence of each other We } subscribed our names as Witnesses thereto } Jno. Long Jesse Hargrove Codicil To this foregoing Will I hereby direct that Joseph Haskins distributive share be diminished the sum of Two hundred and forty Dollars [I] having paid him that amt. Independent of the Land devised to him by this Will I therefore direct that he be charged the Sum of $240 in makeing a final distribution June 23 1840 Joshua Johnson (Witness) Jno. Long Jesse Hargrove Orange County August Term 1840 The Execution of the foregoing last Will and Testament of Joshua Johnson ded. ["was duly" x-out] With the Codicil annexed thereto was duly proved in open Court by the Oath of John Long one of the Subscribing Witnesses thereto and ordered to be recorded ~~~~~ [Will Book Volume F, page 72] At the Same time Joseph Haskens & Calvin Johnson Executors & Anna Johnson Executrix there in named Appeared and qualified Accordingly Test Additional Comments: Will Book Volume F, pages 68-72 Recorded Aug 1840 No estate papers found.