Orange County NcArchives Wills.....Johnston, Charles W 1855 ************************************************ 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 G, pages 82-84 Written: 1855 Recorded: Feb 1855 Testator: Charles W Johnston In the Name of God Amen I Charles W Johnston being of sound and disposing mind and memory: do make and publish this to be my last Will and Testament revo- king all others. Item 1st I desire all my just debts to be paid Item 2nd I give to my beloved wife Lydia during her natural life time or widowhood my Homestead plantation including my Mill and that part of the Burnt Cabin Tract lying west of a line beginning at Mr. Duskin's South West corner and running South to Ilai Nunn's line and excluding about twenty five acres known as the Moccasin Meadow said homestead supposed to contain one thousand acres the following slaves viz: Primus and his wife Charity, Madison and his wife Mary and their child, David and his wife Phoebe and their child and Matthew - four mules her choice - ten head of cattle her choice My carriage & carriage horses - 50 head of sheep her choice - my best waggon and waggon gear - twenty five hogs her choice all such farming utensils as she may select as necessary to carry on her farm all my household and Kitchen furni -ture [page 2] Item 3rd I give to my son Charles W. Johnston on the death of his Mother all the property both real and personal which by Item 2nd I have will to my wife Lydia - - My Watch - a horse worth one hundred dollars and a good saddle and bridle Item 4th I give to my son John C. Johnston my road[?] plantation containing seven hundred acres and the Moccason Meadows about twenty five acres and the Blackwood tract containing about seventy five acres my horse Jim - My Saddle & bridle Item 5th I give to my son Thomas the tract of land I bought of Mr. Duskins and that part of the Burnt Cabin Tract lying East of a line beginning at Mr. Duskin's south west corner and running south to Ilai Nunn's line one horse worth one hundred dollars and a good saddle and bridle Item 6th I give to my sons John C Johnston and Thomas Johnston and my daughters Martha J Kerr Mariah P. Burt Dona C Jones and Margaret L Johnston all my slaves now living to be equally di- vided between them and as I have advanced to my married daughter some slaves it is my desire that all such slaves now living shall be considered a por [page 3] -tion of my estate and to be valued with the other slaves in the division but my said married daughters are to have the privi lege of holding the slaves now in their possession as a part of their distributive share in said slaves. Item 7th I desire my stock in the North Carolina Central Rail Road to be equally divided among my wife and children Item 8th I give my negro girl Rachel to my wife Lydia during her lifetime her and her increase if any to be equally divided among all my children at her death Item 9th I desire my personal estate not otherwise disposed of in this will to be sold my Executors and equally divided among all my children Item 10th I appoint David W. Kerr guardian for my sons Thomas & Charles I nominate and appoint my son John and my sons in law David W Kerr Pachal P. Burt and George W. Jones Execu- tors of this my last Will and testament upon the condition that they will settle the Estate without charge for their ser vices as Executors and if the refuse to act without compensation I nom [page 4] inate and appoint my friend John W Kirkland of Hillsboro' my Executor In testimony whereof I have hereunto set my hand and seal this 23rd January 1855 Signed & sealed in presence of Ed. Strudwick C W Johnston (seal) Wm Duskin Jurat The following interlineations[sic] made before signing "Said homestead supposed to contain one thousand acres" on the first page "them" on the second page - "be" and "divided" on the third page Ed. Strudwick Wm Duskin Jurat Codocil[sic] I Charles W Johnston do make and declare this to be a codocil to my last & Will and testament .to.wit. I give to my beloved wife Lydia a full and sufficient allowance for the support of her family and to carry on her farm for one year In testimony whereof I have hereunto set my hand and seal Jan 23rd A.D. 1855 signed & published in presence of his E J Strudwick Charles W (X) Johnston (seal) mark Wm Duskin Jurat [Will Book Volume G, page 82] In the name of God Amen I Charles W Johnson[sic] being of sound and disposing mind and memory do make and publish this to be my last will and Testament revoking all others Item 1st I desire all my Just debts to be paid Item 2nd I give to my beloved wife Lydia during her natural life time or widowhood my homestead plantation including my Mill and that part of the burnt Cabin Tract lying west of a line beginning at Mr. DusKins South west corner and running South to Ilai Nunns line and excluding about twenty five acres Known as the Moccasin Meadow said Homestead supposed to contain about one thousand Acres. The following slaves (viz.) Primus and his wife Charity Madison and his wife Mary and their child David & his wife Phebe and their child and Matthew - four mules her choice - ten head of Cattle her choice my Carriage & Carriage horses 50 head of sheep her choice my best Waggon and Waggon gear, twenty five hogs her choice all such farming utensils as she may select as necessary to carry on her farm all my household and Kitchen furniture Item 3rd I give to my son Charles W Johnson on the death of his mother all the property both real and personal which by [x-out] Item 2nd I have will to my wife Lydia My Watch a horse worth one hundred dollars and a good saddle & bridle Item 4th I give to my son John C. Johnson my road[?] plantation containing Seven hundred acres and the Moccason Meadows about twenty five acres and the Blackwood tract containing about Seventy five acres my horse Jim my Saddle & bridle Item 5th I give to my son Thomas the tract of land I bought of Mr. DusKins and that part of the Burnt Cabin Tract lying East of a line beginning at Mr. DusKins South West corner and running South to Ilai Nunns line, one horse worth one hundred dollars and a good Saddle and bridle Item 6th I give to my sons John C. Johnson and Thomas Johnson and my daughters Martha J Kerr Mariah [Will Book Volume G, page 83] P Burt, Dona C Jones and Margaret L Johnston all my Slaves now living to be equally divided between them and as I have advanced to my married daughter some Slaves it is my desire that all such Slaves now living shall be considered a portion of my estate and to be valued with the other Slaves in the division but my said married daughters are to have the privaledge[sic] of holding the Slaves now in their possession as a part of their distributive share in said Slaves Item 7th I desire my stock in the North Carolina Central Rail Road to be equally divided among my wife and children Item 8th I give my Negro Girl Rachael to my wife Lydia during her lifetime her and her increase if any to be equally divided among all my children at her death Item 9th I desire my personal Estate not otherwise disposed of in this Will to be sold my Executors and equally divided among all my children Item 10th I appoint David W Kerr guardian for my sons Thomas and Charles I nominate and appoint my Son John & my sons in Law David W Kerr Parchal P Burt & George W Jones Executors of this my last will and testament upon the condition that they will settle the estate without charge for their services as executors and if the refuse to act without compensation I nominate and appoint my friend John W KirKland of Hillsborough my Executor I[n] Testimony whereof I have hereunto set my hand and seal this 23rd January 1855 Signed & sealed } C W Johnston (seal) in presence of } Ed Strudwick } Wm Duskin } The following interlineations[sic] made before signing "Said homestead supposed to contain one thousand acres" on the first page "them" on the second page "be" and "divided" on the third page Ed Strudwick Wm DusKin Codicil I Charles W Johnson do make & declare [Will Book Volume G, page 84] this to be a codicil to my last will and testament (To wit) I give to my beloved wife Lydia a full [&] sufficient allowance for the support of her family and to carry on her farm for one year In Testimony whereof I have hereunto set my hand and seal Jan 23d 1855 Signed and published } his in presence of } Charles W (X) Johnston (seal) Ed Strudwick } mark Wm DusKin } Orange County Court February Term 1855 The Execution of the foregoing last will and testament and codicil annexed thereto of Charles W Johnson deceased was proved in open Court by the oath of Wm DusKin one of the subscribing Witnesses thereto and ordered to be recorded and filed as such Test Geo Laws CCC Additional Comments: Will Book Volume G, pages 82-84 Recorded Feb 1855 Estate papers comprise 99 pages and are found in a folder labeled "Johnston, Charles W (1855)". Testator died on 27 Jan 1855 [Estate Papers - Ex parte Petition Divide Slaves Feb 1855] State of North Carolina } County Court Orange County } February Term 1855 To the Worshipful the Justice of the Court of Pleas and Quarter Session for the County of Orange The Petition of John C. Johnston Thomas Johnston, David W. Kerr & Martha his wife Paschal P. Burt and Marriah his wife George W Jones and Dona his wife and Margaret L. Johnston a minor who sues by her Guardian said Jones Respectfully sheweth unto your Worships that Charles W. Johnson late of the County of Orange departed this life on the 27th day of January at his residence in said county having first made his last Will & Testament duly executed to pass both his real and personal estate which was duly proved at the present Term of Orange County Court and all the executors therein named having released their right to qualify as such Letters of administration were granted with the Will annexed to your Petitioner George W. Jones who has accepted the said Office: You Petitioners shew that the said Will among other dispositions therein contain left all his slaves with the exception of such as he had by the Will given for life to his wife to be equally divided among your Petitioners John C Johnston Thomas Johnston Martha married David W Kerr, Marriah married to Paschal P. Burt Dona married to George W. Jones and Margaret L Johnson and including such slaves also as he had previously put into possession of his married daughters they to retain such at valuation in the division if they chose to do so And your Petitioners shew that the said negroes are not necessary for the payment of the debts and expenses of the estate and the administrator has assented to the legacy of the same to your Petitioners, whereby they have become tenants in common of them; and to the end that they may be divided so that each one of the legatees may hold his or her share of the slave in severalty: May it please your Worships to appoint three Commissioners who shall divide the said slaves among then according to Law. J. W. Norwood Atto for Petitioners [page 2] This case coming on to be heard upon the Petition and the whole matter having been considered by the Court. it is ordered that Thomas Hogan James C. Turrentine and James N Patterson be appoint Commissioners to divide and allott the slaves mentioned and described in the Petition among the Petitioners after having first been duly sworn under the hand and Seal and Report to the next Term of this Court The said division to be made according the Will of said Charles W. Johnston as set for in this petition & the Clerk of the Court will issue to said Commission a copy of the Petition and also of the Will with this Commission: [handwritten copy of will included here] [Estate Papers - Division of Slaves 8 Mar 1855] State of North Carolina } Court of Pleas & Quarter Sessions Orange County } February Term 1855 ~~~ John C. Johnston & others } Ex parte } Petition to divide Slaves In pursuance to the annexed Commission appointing the undersigned commissioners at February Term 1855 to divide and allott the slaves mentioned and described in the petition among the petitioners according to the Will ["of the" x-out] of Charles W. Johnston decd. the undersigned after having been duly sworn according to law have proceeded to divide the Slaves as nearly coequally as possible and allott to each of the petitioners their share in severalty as follows. To.Wit. to Miss Margaret Johnston Lot no. 1 the slaves Emaline, Jack, Buck, Horace, Anthony & Anna, ~~ To Thomas W. Johnston Lot No. 2. the slaves Ferabe, Ellen, Martin, Bob, Virgil, Dinah, & Jane; ~~~ To John C. Johnston Lot No. 3. the slaves Abner, Patsey, Fanny, Jim, Dennis, Julia & Caroline; ~~~ To David W. Kerr Lot No. 4. the slaves Piety, Wilson, David, Nelson, Tabitha, & Lucy; ~~~ To Paschal B. Burt Lot No. 5 the slaves Mahala, Ben, Alexander, Simon, Hannah & child Lewis; ~~~ To George W. Jones Lot No. 6 the slaves Mariah and child Lizzy, Sam, Henry, Solomon & Sarah; and that Long No. 4 David W. Kerr pay to Lot No. 2 Thomas W. Johnston Twenty five Dollars ~~~ that Lot No. 5 Paschal B. Burt pay to Lot No. 2 Thomas W. Johnston Twenty five Dollars; ~~~ that Lot No. 6. George W. Jones pay to Lot No. 3 John C. Johnston Twenty five Dollars~~ [page 2] All of which is respectfully submitted Given under our hands and seals this eighth day of Mar A.D. 1855 Margaret L. Johnston Lot No. 1 Emaline valued at $600.~~ Jack " " 200.~~ Buck " " 1000.~~ Horace " " 550.~~ Anthony " " 800.~~ Anna " " 600.~~ _________ $3.750.~~ Thomas W. Johnston Lot No. 2 Ferabee valued at $450.~~ Ellen " " 500.~~ Martin " " 850.~~ Bob " " 550.~~ Virgil " " 600.~~ Dinah " " 300.~~ Jane " " 450.~~ _________ $3700.~~ John C. Johnston Lot No. 3 Abner valued at $400.~~ Patsey " " 350.~~ Fanny " " 800.~~ Jim " " 1000.~~ Dinnis " " 550.~~ Julia " " 300.~~ Caroline " " 325.~~ _________ $3725.~~ David W. Kerr Lot No 4 Piety valued at $800.~~ Wilson " " 900.~~ David " " 550.~~ Nelson " " 850.~~ Tabitha " " 375.~~ Lucy " " 300.~~ _________ $3775.~~ Paschal B. Burt Lot No. 5. ~~ Mahala valued at $850.~~ Ben " " 775.~~ Alexander " " 700.~~ Simon " " 950.~~ Hannah & Child Lewis 500.~~ _________ $3775.~~ George W. Jones Lot No. 6. Mariah & child Lizzy $900.~~ Sam value at 500.~~ Henry " " 950.~~ Solomon " " 925.~~ Sarah " " 500.~~ _________ $3775.~~