Orange County NcArchives Wills.....Johnston, James December 28, 1841
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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
Written: December 28, 1841
Testator: James Johnston

In the name of God Amen, I James Johnston
of the County of Orange and State aforesaid
do on the 28th day of December in the year of our
Lord one thousand eight hundred & forty one
Make, publish and declare this to be my last will
and testament in manner & form as follows
namely, whereas I have heretofore distributed
all of my real estate among my sons
and daughters, namely David Johnston, Jas Johnston
William Johnston, heirs of George Johnston, Elenor
Paton, Mary Davis[Parris?], Catherine Turner, Isabel Clendening
Nancy Kirkpatrick, and having kept one black
girl Maria to wait on me during my life
It is my will and desire that my Negro
Girl ["shall" x-out] Maria shall go [to] the use of my
daughter Margaret Johnston during her natural life
to be under the controle[sic] of my executors whether
to attend upon her, or hire the girl out as they may
seem best it is my will that at my daughter
Margarets decease that Maria shall be sold at
the highest bidder amongst my heirs, and whoever
shall have taken care of Margaret shall make
a reasonable charge to be paid out of Marias worth
by my executors and if any thing remains to be
equally divided amongst all my heirs.

It it further my will and desire the Elizabeth
Johnston my Grand daughter shall have my Bureau
Table, Bedstead and Bed, and all other of my

[page 2]
property shall be sold to the highest bidder
and after my debts and funeral expenses are
paid, the balance to be equally devided[sic] amongst
all my heirs -- I do appoint my son James Johnston
executor to this my last will and testament

Signed sealed published    }
and delivered by the said  }     James Johnston (seal)
James Johnston as his last }
will and Testament in the  }
presence of us who have    }
become his subscribing     }
witnesses thereto at his   }
request                    }

John Johnston
Will Russell  Jurat
                   James Johnston Exr qualified

[page 4]
[Note: There is a second, handwritten copy of the will on file, which includes the following]

Orange County Court                        Term 184___
A paper writing purporting to be the last Will
and Testament of James Johnston deceased is
exhibited for probate in open Court by James
Johnston the executor therein named and the due exec
tion thereof by the said James Johnson is proved
by the oaths and examination of John Johnston
and William Russell the subscribing witnesses
thereto it is therefore consider by the court that the
last Will and testament of the said James
Johnson and the same is ordered to be recorded
and filed - and thereupon the James Johnston
executor as aforesaid duly Qu[a]lified as such
by taking the oath required by law
                             Test

[Note: the wording of this is unusual, wordy and awkward.  It appears that this will was not recorded, so perhaps this was written by a new clerk or one not accustomed to dealing with probate?]

Additional Comments:
Although "Executor qualified" is written at the bottom of the will, did not find a version of this in the will books.

Estate Papers comprise four pages and are found in a folder labeled "Johnston, James (1847)".  No family history found.  Inventory from estate sale recorded May 1847