Will of John Johnston, Senior
I John Johnston Senior of the County of Baldwin State of Alabama being of sound mind & memory do make this my last will and testament in manner and form following viz.
In the first place I commend my soul to God and consign my body to the earth from whence it was taken.
In the second place it is my will and desire that all my just debts be paid by my executors. In the third place I give and bequeath unto the children of DANIEL JOHNSTON (my eldest son who is now deceased) the four hundred and fifty Dollars which I lent to him previouse to his death to purchase a negro woman by the name of Rose & her child Isaac and all the interest on the said sum of money and also a note of hand to me by my son Daniel in his life time for the sum of $4 hundred and fifty Dollars dated the twenty sixth day of December in the year of our Lord one thousand eight hundred and sixteen together with the interest on the same the principal and the interest now amount to about Eight hundred Dollars and also that part of my property which I have heretofore suffered to remain in the possession of my said son Daniel in his lifetime and since his death in the possession of his children all of which I consider to be the full and equivalent share of my estate. In the fourth place I give and bequeath unto my Daughter ELIZABETH RAIN during her life and after her death to such of her children as are now living and their heirs forever one negro girl named Penny together with the negroes heretofore given her by a Deed of Gift recorded in Washington County viz Delia, Nancy, Cuffer & Joe together with their increase and also thirty acres of Land I conveyed to her by a Deed of Gift including her improvement where her house now stands. All of which to be considered her full share of my estate both real and personal. In the fifth place I relinquish to my Daughter HONOR SHAW during her lifetime all my right to the negro woman named Margaret and all her children except her eldest son named John which I hereby give and bequeath unto my Grandson JOHN JONES son of my daughter HONOR SHAW and his heirs forever and after the death of my said daughter HONOR SHAW I give and bequeath unto such of her children as may be living at the time of her death and to their heirs forever the said negro woman named Margaret and all of her children except the said negro given to John Jones exclusively and also sixty head of cattle which said negroes and cattle have been in possession of my said daughter HONOR SHAW for a considerable length of time... all of which I consider to be her full share of my estate. In the sixth place I relinquish to my son JOHN JOHNSTON all my right to the negro man named Peter thirty cows and calves two horses two hundred eight Dollars which I advanced him to pay for a stud horse called Gallitin six hundred and sixty eight Dollars which I advanced to him to pay for the land he now lives on ...also forty dollars advanced him in payment of a negro girl called Cloe. Also to the interest of said sums of money all of which he has received together with other property and money given him. I consider to be his full share of my estate both real and personal. In the seventh place I give and bequeath unto my son JAMES JOHNSTON and his heirs forever one negro man named Adam and thirty cows and calves and also four hundred Dollars which I advanced him to pay for his education together with the interest on the same which said negro man Adam and cows and calves have already received by my said son JAMES JOHNSTON. I also give and bequeath unto my son JAMES JOHNSTON and his heirs forever after the death of my dear wife JOYCE JOHNSTON the following negro slaves viz. A negro man named Bile one other negro boy named Monday one named Cain the negro girl named Catherine another negro boy named Monday sometimes called Baseni I purchased of Coamah(?). I also give and bequeath unto my said son JAMES JOHNSTON and his heirs forever one fourth part of all my cattle horses sheep hogs due and demand and one third part of all my farming utensils all of which he is to receive at the death of my wife JOYCE JOHNSTON and which together with the foregoing bequest and fifty acres of land lying upon McIntosh Bluff heretofore conveyed to my said son JAMES JOHNSTON I consider his full share of my estate. 8th I give and bequeath unto my son JOSEPH JOHNSTON and his heirs forever one negro man named Bobb one negro man named Pete thirty cows & calves all of which has heretofore been received by my said son JOSEPH JOHNSTON also three tracts land lying and being in the County of Baldwin State of Alabama towit: one on the east side of the Tombigbee River opposite to McIntosh Bluff containing six hundred and forty acres one on the west side of said River or other wise on McIntosh Bluff containing four hundred acres (Fifty acres of which I have conveyed to my son JAMES JOHNSTON also thirty acres conveyed to my daughter ELIZABETH RAIN which includes the place she now lives on also one quarter section of land lying two miles west of McIntosh Bluff containing one hundred and sixty acres of land known by the name of the Cowpen Spring House which said tract of land I have heretofore conveyed to said son JOSEPH JOHNSTON by a deed of Gift. I give and bequeath unto my son JOSEPH JOHNSTON after the death of my wife JOYCE JOHNSTON the following negro slaves viz. one negro man names Sam one negro boy named Daniel one boy named Baptist one negro girl named Grace also one fourth part of all my cattle horses hogs sheep due and demand and also one third part of my farming utensils all of which I consider his full share of my estate both real and personal............ I give and bequeath unto my son ISAAC JOHNSTON and his heirs forever the following negro slaves (towit) Robert Tom Judith Easter & her two children Mary & Joshua and seven hundred dollars in cash thirty cows & calves which said property has already been received by my son ISAAC JOHNSTON and his heirs forever. After the death of my wife JOYCE JOHNSTON I give and bequeath unto my son ISAAC JOHNSTON the following negro slaves viz. Perry Seala Milly Pollidon and Molly. Also one fourth part of all my stock of horses cattle hogs sheep due and demand and one third part of my farming utensils all of which I consider his full share of my estate both real and personal.......... 10th I give and bequeath unto my daughter SARAH LISTER during her life and after her death unto such children as she may have at the time of her death and their heirs forever the following negro slaves viz. Deana her child Emma Sophia Lydia and their future increase which are now in the possession of my said daughter SARAH LISTER and also thirty cows and calves which have been already received by her. I also give and bequeath unto my said daughter SARAH LISTER after the death of my wife during the life of my said daughter and to the children that she may have at the time of her death and their heirs forever the following negro slaves viz. Phillis Lou Margaret Clo Alexander commonly called Sleck Molly and Peter the last child of Clo and one fourth part of all my cattle horses hogs and sheep due and demand all of which I consider her full share of my estate both real and personal.......
11th I give and bequeath to my Dear wife JOYCE JOHNSTON all my household furniture and kitchen furniture Books & all the money which I may have at the time of my death in ready cash to dispose of as she may think proper. I also give and bequeath unto my dear wife JOYCE JOHNSTON during her life all the property which I possess of both real and personal and after her death to be disposed of as herein directed...........
12th I will and direct that my old negro slaves Tomy and Sarah his wife be mancipated (The said negroes Tomy and Sarah are at liberty immediately on my decease to choose anyone of my legatees to live with) and in case the emancipation of said negroes cannot be effected agreeable to the law within two years from my decease they are at liberty to live with any of my heirs so long as they like the treatment. It is my will that if any my executors or either of them shall refuse or neglect to make proper executors within the time prescribed viz. two years to cause the said negroes to be emancipated then and in that I will and direct that their share of property be forfeited to the heirs of my body........ 13th lastly I do hereby nominate constitute and appoint JOYCE JOHNSTON my wife Executrix and my sons JAMES JOHNSTON, JOSEPH JOHNSTON, and ISAAC JOHNSTON Executors of this my last will and testament and do hereby revoke and make void all former and other will and wills by me ....(?) time heretofore made, and do declare this to be my last will and testament. In witnesses where of (for this my will the whole whereof is contained in three sheets of paper and contains nine pages) subscribed my name and set my hand and seal this the thirteenth day off August in the year of our Lord one thousand eight hundred and twenty.
Signed Sealed Declared and
published by the above named JOHN JOHNSTON (seal)
JOHN JOHNSTON SENIOR the tester
as his last will & Testament
(the above of foregoing Intertiniatures(?)
and erasement therein being first made
namely the word (Dollars) intertwined the
words (Fourth part) erased in the presence
of us who at his request and his
presence have subscribed our names as witnesses
Ezekiel Rieves
John Smith
John Jones
Sarah Carson
John L Johnston
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