Orange County NcArchives Wills.....Johnston, William June 28, 1780
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Ben Franklin ben.franklin.ffru@gmail.com May 2024

Source: Loose Will, NC Archives CR 073.801, Will Book Volume A, pages 333-336
Written: June 28, 1780
Recorded: May 1785
Testator: William Johnston

                                              (1)
        I William Johnston of the County of
    Orange and province of North Carolina, Merchant,
    only Son and Heir of Robert Johnston late of Harth=
    =wood in the Parish of Lochmaben, and Shire of
    Annandale in Scotland, deceased, by Isabell his
    then wife: do make and ordain this my Testament
    and last Will as followeth, towit.

    I Will that all my just debts may be paid, as
speedily as may be, by my Executors here in after named.

I give and bequeath unto my much respected Mother
Isabell Johnston widow and Relict of my said Father
Robert Johnston, One hundred pounds Sterling to be
paid to her within six months after my decease: I like=
=wise give and bequeath to her, an annuity of twenty
pounds like money for and during her natural life, to
be duly and regularly paid every year without abatement
or deduction, and to the payment thereof I subject all
my Estate both real and personal

    I give to the Children of Catherine Gardner deceased,
late wife of Mr. Edward Gardner of the City of
Lincoln in the Kingdom of Great Britain, and in case
of the death of any of them, to the representatives of such
as may be dead, Ten shillings Sterling, to be equally
divided amongst them share and share alike
                                                I

[page 2]
(2)
I give to my Cousin Mary Robson, wife of Henry
Robson now or late of the County of Cumberland, near
Carlisle in the Kingdom of Great Britain, (Sister to the
said Catherine Gardner) and her Heirs the sum of
five shillings Sterling. --

I Give to Mary Harrison, widow and Relict of
James Harrison deceased, near the Town of Louth
in the Shire of Lincoln in Great Britain, Fifty pounds
Sterling, and to her Heirs if she should not survive me.

I Give and bequeath to Elizabeth Robinson, widow
and Relict of John Robinson late of the City of Lincoln
aforesaid Esquire deceased, and her Heirs the sum of Two
hundred pounds Sterling.

I Give to Robert Read now or late of the City of
Lincoln aforesaid, the sum of Fifty pounds Sterling.

I give to John Dickson of Lochmaben in the shire
of Annandale aforesaid Esquire, the sum of Fifty pounds
Sterling. --

I give to James Hogg, Thomas Hart, John Kinchin
and Richard Bennehan, all of the County of Orange
and province of North Carolina aforesaid Esquires,
each the sum of Fifty pounds current money of the
said Province of North Carolina.

    I will and desire, that my said Executors pay one
hundred pounds current money aforesaid, for the use of
the first good Academy or Seminary of learning, that
shall be in the opinion of my said Executors, or the Survivor

[page 3]
                                                       (3)
    or Survivors of them, within Ten years after my decease
duly established in the County of Orange aforesaid. ---

I Will and desire, that my said Executors may purchase
and Erect, a plain but decent Monument to the memory
of my late beloved wife and children, who are Interred
at the burying place on my plantation at Little River
in the County of Orange and Province aforesaid: And if
I should depart this life in America, I wish to be there
interred.  And if at any time after my decease, the said
plantation should be disposed off by my succeeding Heirs,
my Will is, that the said burying place and one acre of
Land, with a sufficient road to and from the same, be
excepted and reserved out of such sale, and that it be
and remain the family burying ground for ever.

I give, devise & bequeath to Edward Stabler of the Town
of Petersburg in the Colony of Virginia Esquire, Samuel
Johnston of the Town of Edenton in the Province aforesaid Esquire with the
above named Gentlemen, to wit, James Hogg, Thomas =
=Hart, John Kinchin and Richard Bennehan, Trustees
to and for the use and behoof of my beloved Daughter
and only Child Amelia Johnston and her Heirs forever
all the rest and residue of my Estate real and personal
of every kind whatever, wheresoever it shall be, and every
claim, Interest or demand that I have, or hereafter may
have, or of right should be intitled to, either in Law or
Equity; to hold to them the said Edward Stabler,
Samuel Johnston, James Hogg, Thomas Hart, John Kinchin and Richard
Bennehan, for the express use, benefit & behoof of my
said Daughter Amelia Johnston her Heirs and Assigns [forever?]

[page 4]
(4)

    and to no other use intent or purpose whatsoever, And I
do appoint the before named Edward Stabler, Samuel Johnston,
James Hogg, Thomas Hart, John Kinchin and Richard
Bennehan, Guardians of my said Daughter until she
shall arrive at the age twenty one years, ardently re=
=questing their particular and friendly attention to her Edu=
=cation and Conduct in every respect as on the hopes of
her good behaviour and happiness, my felicity chiefly
depends; and I strictly request, that she pay due attention
to what for her good shall be by them recommended. Provided
nevertheless that if it so happen, that my said Daughter -
should not Marry, or shall not live to a sufficient age, for her
legally to dispose of the aforesaid bequests; then and in either
of these cases, I will and devise, all and singular the devises
and Legacies mentioned as aforesaid for her to the persons
and in manner following after her decease, to wit.

I give and bequeath the yearly profit of my Estate, to be
paid to my said Mother annually for and during her
natural life; and further, I give to her five hundred pounds
sterling, out of which sum I desire may be paid all just
demands against my Fathers Estate, (if any such demand the?
as soon as they can be properly ascertained, and the remaining
part thereof, to be disposed off by my said Mothers Will
to be paid to such person or persons, or to such purpose, or
purposes, as she by such Will shall appoint,  Provided
likewise, that if my said Daughter should survive my
said Mother, and yet not arrive at the age of twenty one years
                                                             in

[page 5]
                                                         (5)

     in that case, I bequeath to Robert Burnet of the Parish of
Mooshall, and County of Nithsdale in Scotland, Brother
to my said Mother, and to his Heirs the sum of Two hundred
pounds Sterling.  And I also give to Mrs Jane Craik, wife
of William Craik, of the Parish of Mooshall aforesaid, and Sister
to my said Mother, and to her Heirs the sum of Two hundred
pounds Sterling,  And in such case, I request the favour
of my Friend James Gibson of Kelton in the Shire of Gallaway
in Scotland aforesaid late of Suffolk in the Colony of Virginia
Esquire; to receive from my Executors the said Legacies & bequests
to my said Mother, or to the said Robert Burnet and Jane
Craik, and pay the same to them respectively: and further
that he would attend as much as he conveniently can, to their
disposition thereof. Provided further that if my said Daughter
should die under the age of twenty one years, I give & bequeath
the sum of Two hundred pounds Sterling to the above named
Mary Harrison and her surviving Children, to be equally
divided amongst them.  Provided also that if my said
Daughter should not live to the age of twenty one years, I
give and bequeath to the above named John Dickson, the
sum of two hundred pounds Sterling, and to his Heirs if he
should not survive me.  Provided likewise that if my
said Daughter should not arrive at the age of twenty one
years, I give and bequeath to the above named Robert Read
the sum of one hundred pounds sterling.  And in case
my said Daughter should depart this life before the age of
twenty one years, I give and bequeath to Mrs. Ann Hamilton
now or late of the said City of Lincoln, widow and Relict of
                                               ---- Hamilton

[page 6]
(6)
   ____ Hamilton Esquire deceased; late of the Town of Kingston
upon Hull, in the Shire of York and Kingdom of Great Britain,
daughter of Mr. Alderman Fowler late of Lincoln aforesaid,
and to her Heirs the sum of Two hundred pounds Sterling
Provided always, that if my aforesaid Daughter should
not live to the age of twenty one years, in that case, I give
and devise all the rest and residue of my Estate, of what
nature or kind soever, and wheresoever it may be, to Mrs.
Mildred Fenton wife of Thomas Fenton, near the Town
of Leeds, in the shire of York aforesaid, Esquire; (Daughter
of the above mentioned John and Elizabeth Robinson,) and
to her Heirs, if she should not survive them.  But if my
Daughter Amelia Johnston aforesaid should live to the
age of twenty one years, then all the preceeding[sic] devises and
bequests herein mentioned since the bequests and devises
to her as aforesaid shall be void and of non effect. Never=
=theless, if my said Daughter should arrive at the age
of twenty one years, and fail to dispose of her said Estate,
by her last will or instrument in writing purporting to
be her last will, or to make such will or appointment
then I bequeath and devise, that the before mentioned
Legacies and bequests to the persons therein named, shall
take effect and be applied in the same manner, and for
the use and purposes in every respect, as if my said
Daughter had died under the age of twenty one years.
Provided further, that if my said Daughter should arrive
                                                     at

[page 7]
                                          (7)
    at the age of twenty one years, and dispose of her Estate as
aforesaid, I will and desire if any debts are then due from
my said Fathers Estate, that they be paid by her as aforesaid

I give to my Negroe Servant woman now living with
me, distinguished by the name of Big Esther, her freedom
if she is living at my decease.

I nominate and appoint my friends James Hogg,
Thomas Hart, John Kinchin and Richard Bennehan
aforesaid, Executors of this my Testament and last Will;
and I do hereby revoke and disannul, all and every
former Will by me heretofore made. IN WITNESS
whereof I have hereunto set my hand and seal this
twenty eighth day of June, in the year of our Lord
Christ, one thousand seven hundred and eighty

[page 8]

State of North Carolina
                At a County Court of Pleas & Quarter
                Sessions begun and held for the County of Orange
                at the Court house in Hillsborough on the
                Fourth Monday in May Anno Domi. 1785
                and in the nineth year of our Independence

The last Will and Testament of William Johnston deceased
was proved ["by the Oath" x-out] agreeable to Law and ordered to be
Recorded, at the same time James Hogg and Richard
Bennehan two of the Executors therein named qualified ac=
=cordingly.

    These are therefore to empower you the said James
Hogg and Richard Bennehan to enter into and upon all &
singular the Goods & Chattels, Rights & Credits &c ["of the" x-out]
of the said deceased agreeable to the last Will and Testament
and the same into your possession to take
wheresover ["to be found in" x-out] this state to be found ["agreea" x-out]
["=ble to his last Will and Testament" x-out] and an Inventory
thereof on Oath to return into the proper Office
within ninety day from the date thereof and all the
Just debts & Legacies to pay so far as the said Estate
will extend or amount to.

               Test

[Will Book Volume A, page 333]
I William Johnston of the County of Orange & province of
No.Carolina, Merct. only son & heir of Robt. Johnston late of Harthwood
in the Parish of Lochmaben & Shire of Annandale in Scotland, deceased, by Isabell
his then Wife, do make & ordain this my Testament & last will as followeth, towit,
I will that all my just debts may be paid, as speedily as may be by
my Executors herein after named. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

I give & bequeath unto my much respected Mother Isabell Johnston widow
& relict of my sd. Father Robert Johnston one hundred pounds Sterling to be paid
to her within six months after my decease: I likewise give & bequeath unto her
unto her[sic] ,an annuity of twenty pounds like money for & during her natural
Life, to be duly and regularly paid every year without abatement or deduction
& to the payment thereof I subject all my Estate both real & personal. ~~ ~~ ~~

I Give to the Children of Catherine Gardner deceased late wife of Mr. Edward
Gardner of the City of Lincoln in the Kingdom of Great Britain, & in case of the
death of any of them, to the representatives of such as may be dead, ten shillings
Sterling, to be equally divided amongst them share and share alike. . . . . .

I Give to my Cousin Mary Robson, wife of Henry Robson now or late of the
County of Cumberland near Carlisle in the Kingdom of Great Britain, (Sister
to the said Catherine Gardner) & her Heirs the sum of five shillings Sterling. ~~~~

I give unto Mary Harrison, Widow & relict of James Harrison deceas'd near the
Town of Louth in the shire of Lincoln in Great Britain fifty pounds sterling
& to her Heirs if she should not survive me. ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~

I Give and bequeath to Elizth. Robinson widow & relict of Jno. Robinson late
of the City of Lincoln aforesd. Esqr. deceasd. & her heirs the sum of Two hundred pounds
sterling. I Give to Robert Read now or late of the City of Lincoln aforesd.
the sum of Fifty pounds Sterling. ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~

I Give to John Dixon of Lochmaben in the shire of Annandale aforesd.
Esquire, the sum of Fifty pounds Sterling.  ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~

I give to James Hogg, Thomas Hart, Jno. Kinchin & Richd. Bennehan, all of the
County of Orange & province of No.Carolina aforesd. Esquires, each the sum of fifty
pounds current money of the sd. Province of North Carolina. ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~

I will & desire, that my sd. Executors pay one hundred pounds current money
aforesd. for the use of the first good Academy or Seminary of Learning, that
shall be in the opinion of my sd. Executors, or the Survivor or Survivors
of them, within Ten years after my decease duly establish'd in the County
of Orange aforesaid. ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~

[Will Book Volume A, page 334]
I will & desire that my sd. Executors may purchase & erect, a plain but decent monu=
=ment to the memory of my late belovd. wife & Children, who are interrd at the burying place
on my plantation at Little river in the County of Orange and Province aforesd. And if I
should depart this Life in America, I wish to be there interrd. & if at any time
after my decease, the sd. plantation sho[u]ld be disposed of by my succeeding Heirs:
my Will is, that the sd. burying place & one acre of Land, with a sufficient road
to & from the same, be excepted & reserved out of such sale, & that it be & remain the
Family burying ground forever. ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~

I give, devise & bequeath to Edward Stabler of the Town of Petersburg in the Colony
of Virginia Esquire, Samuel Johnston of the Town of Edenton in the Province
aforesd. Esquire, with the above named Gentlemen, to wit; James Hogg, Thomas Hart,
Jno. Kinchin & Richd. Bennehan Trustees, to & For the use & behoof of my beloved daughter
& only Child Amelia Johnston & her Heirs forever, all the rest & residue of my Estate
real & personal of every kind whatsoever, wheresoever it shall be, & every claim, In=
terest or demand that I have, or hereafter may have, or of right sho'ld be intitled to
either in Law or Equity; to hold to them the sd. Edward Stabler, Samuel Johnston
James Hogg, Thomas Hart, John Kinchin & Richd. Bennehan for the express
use, benefit & behoof of my sd. daughter Amelia Johnston her heirs & Assigns for
ever, & to no other use intent or purpose whatsoever, And I do appoint the afore
nam'd Edward Stabler, Samuel Johnston, James Hogg, Thomas Hart, John
Kinchin & Richd Bennehan, Guardians of my said Daughter until she shall
arrive at the age twenty one years, ardently requesting their particular
& Friendly attention to her Education & conduct in every respect as on the hopes
of her good behaviour & happiness, my Felicity chiefly depends; & I strictly
request that she pay due attention to what for her good shall be by them
recommended. Provided nevertheless that if it so happen that if my sd.
Daughter should not marry or shall not live to a sufficient Age for her
legally to dispose of the aforesd. bequests, then & in either of these cases; I will
& devise that all and singular the devises & Legacies mentioned as aforesd. for her to the
persons & in manner Following after her decease, To Wit.  ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~

I give and bequeath the Yearly profit of my Estate to be paid to my said mo=
=ther annually For & during her natural Life, &  Further I give to her five
hundred pounds Sterling out of which sum I desire may be paid all just demands
against my Fathers Estate, (if any such demand therebe) as soon as they can be proper=
ly ascertain'd, & the remaining part thereof, to be disposed off by my said Mothers will
to be paid to such person or persons, or to such purpose or purposes, as she by such will
shall appoint. Provided likewise that if my said daughter should survive my ?[said?]
Mother & yet not arrive at the age of twenty one years, in that case, I bequeath
to Robert Burnet of the Parish of Mooshall, and County of Nithsdale in Scotland ~~
Brother to my said Mother, & to his Heirs, the Sum of two hundred pounds
                                                                  Sterling.

[Will Book Volume A, page 335]
Sterling. And I also give to Mrs Jane Craik, wife of William Craik, of the Parish
of Mooshall aforesaid, & sister to my sd. Mother, & to her heirs the Sum of two
hundred pounds Sterling, & in such case I request the Favour of my Friend James
Gibson of Kelton in the Shire of Gallaway in Scotland aforesd. late of Suffolk
in the Collony of Virginia Esqr. to receive from my Executors, the said lega=
=cies & bequests to my said Mother, or to the sd. Robt. Burnet & Jane Craik &
pay the same to them respectively, And Further that he wold attend as much
as he conveniently can to their disposition thereof. Provided further that if
my said Daughter should die under the age of twenty one years, I give &
bequeath the sum of two hundred pounds sterling to the above nam'd Mary
Harrison & her surviving Children, to be equally divided amongst them. ~~~~

Provided also that if my said Daughter shold not live to the age of twenty one
years, I give & bequeath to the above nam'd John Dickson the sum of two
hundred pounds sterling & to his geirs if he shold not survive me. ~~~~

Provided likewise that if my sd. Daughter should not arrive at the age of
twenty one years, I give & bequeath to the above nam'd Robert Reed the sum
of one hundred pounds Sterling. & in case my sd. Daughter shold depart this
Life before the Age of twenty one Years, I give & bequeath to Mrs. Ann Hamil-
=ton now or late of the sd. City of Lincoln, widow & Relict of Hamilton
Hamilton[sic] [Esquire] deceasd. late of the town of Kingston upon Hull, in the shire
of York & Kingdom of Great Britain, daughter of Mr. Alderman Fow-
ler late of Lincoln aforesd., & to her heirs the sum of two hundred pounds
Sterling. Provided always, that if my aforesd. Daughter should not live
to the age of twenty one Years, in that case, I give & devise all the rest & resi=
due of my Estate of what nature or kind soever & wheresoever it may be
to Mrs. Mildred Fenton wife of Thos. Fenton, near the Town of Leeds in the
the[sic] shire of York aforesaid, Esquire; (Daughter of the above mentioned Jno. &
Elizabeth Robinson) & to her hairs[sic], if she should not survive them. But if
my Daughter Amelia Johnston aforesd. should live to the age of twenty
one Years, then all the preceeding[sic] devises & bequests herein mentiond, since
the bequests, & devises whereas[to her as] aforesaid, shall be void & of non effect. Never=
=theless if my said Daughter should arrive at the Age of twenty one years, &
fail to dispose of the[her] sd. Estate, by her last Will or instrument in writing
purporting to be her last will, or to make such will or appointment
then I bequeath & devise, that the before mentioned Legacies & bequests to
to[sic] the persons therein named; shall take effect and be applyed, in the
the[sic] same manner, & For the use & purposes in every respect, as if my
sd. Daughter had died under the Age of twenty one years. ~~ ~~ ~~ ~~

[Will Book Volume A, page 336]
Provided further, that if my said Daughter should arrive at the age of twenty one
Years, & dispose of her Estate as aforesd. I will & desire if any debts are then due
from my sd. Fathers Estate, that they be paid by her as aforesaid.  ~~ ~~ ~~ ~~

I give to my Negro Servant woman now living with me, distinguished by the name of Big
Esther, her freedom if she is living at my decease.  ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~

I nominate & appoint my friends James Hogg, Thos. Hart, John Kinch=
=en & Richd. Bennehan aforesaid, Executors of this my Testament
& last Will & I do hereby revoke & disannul all & every Former Will by me heretofore
made. In Witness whereof I have hereunto set my hand & Seal this twenty
eighth day of June, in the year of our Lord Christ one thousand seven hundred
& eighty  ~~ ~~ ~~ ~~  ~~ ~~ ~~ ~~  ~~ ~~ ~~ ~~  ~~ ~~ ~~ ~~  ~~ ~~ ~~ ~~

Sign'd sealed, published & declared
by the said Wm. Johnston, The Testator                  Wm. Johnston (seal
as & for his Testament & last will
i the presence of us who have at his
request our names as witnesses & in the present of each other

[No witnesses listed]

Additional Comments:
Will Book Volume A, pages 333-336
Recorded May 1785

Estate papers comprise 10 pages and are found in a folder labeled "Johnston, William (1785)".  No family history found.