Will of James Johnston

 

 

In the name of God, Amen.

 

I, James Johnston, of Sumter District and State ofSouth Carolina being weak of body, but of sound and disposing mindmemory and understanding, taking into consideration the uncertaintyof life do make constitute and ordain this my last will and testament[revoking all others]. In the manner and form following.

 

First, I commit my Soul to God who gave it, andmy body to the Earth to be buried in a Christian like manner at thediscretion of my Executors hereafter named. And as to my worldlygoods which it hath pleased God to bless me, I dispose of in thefollowing manner [viz]

 

After my lawful debts to first paid, I give andbequeath to my loving wife, Francis Johnston, half of my hogs to betaken by gangs and eight head of black cattle such as she may chooseto her and her heirs forever, in lieu of dower.

 

Item I give and bequeath to my loving wife abovenamed the use of that part of my Plantation whereon I now live. Nowhereafter to disposed of by this will four Negroes [viz]

Old Lucy with her future increase and her son,Carolina, and Young Lucy with her future increase, also, Old Brass. Her choice of all my horses or mares, all my household and kitchenfurniture, one shinning wheel, two plows and sets of gears, one handmill and one grind stone, during the time she remains my widow andafter her marriage or decease to be disposed of in the followingmanner, viz: Old Lucy, I give her choice to live with any of mychildren she thinks proper; Carolina, to my son, John, during hislife and his decease to his lawful issue; Young Lucy to mygranddaughter. Sarah Susannah, daughter of my son Haley, during herlife and at her decease to her lawful issue. Said Young Lucy is to behired out to the highest bidder until my said granddaughter becomesof age and said hire given to her at that time. But should she dieleaving no issue, then to be equally divided between my children ortheir lawful issue. After the death of my wife, Frances Johnston, Igive and bequeath one bed and furniture to my son, Haley, and one bedand furniture to my son, James, them and their lawful issue.

 

I give and bequeath to my son, James, threeNegroes [viz] June, Nan and Sarah with their future increase duringhis life and at his decease to be equally divided between his lawfulissue.

 

Item I give and bequeath to my son, Haley, twoNegroes [viz] Isaac and Nann with their future increase during hislife, and at his decease to be equally divided between his lawfulissue.

 

I give and bequeath to my son, Ransom, one Negronamed Mary with her issue at his death to be equally divided betweenhis lawful issue.

 

I give and bequeath to my daughter, FrancesLowder, two Negroes [viz] Derry and Sue with their future increaseduring her life and at her death to be equally divided between herlawful issue.

 

Item I give and bequeath to my son, John, oneNegro [viz] Milly with her future increase during his life and athis death to be equally divided between his lawful issue.

 

I give and bequeath to my son, James, all thattract of land purchased from Samuel E. Nelson except one hundredacres at the upper end during his life at his decease to be equallydivided between his lawful issue.

 

Item I give and bequeath to my daughter, LovyRidgeway, all that part of the Plantation whereon I now reside. Lying to the East of branch running out of the Big Cypress into DentsSwamp up to a pond near the Northeast corner of my field from therealong the flat, towards the Big Cypress, till a line can be runparallel with the Eastern boundary, so as to measure for her onehundred and fifty acres during her life. At her death to be equallydivided between her lawful issue.

 

Item I give and bequeath to my son, Ransom, allthat part of a tract of land whereon I now reside lying West of theRun of Dent Swamp during his life and at his death to be equallydivided among his lawful issue.

 

I give and bequeath to my son, John, after themarriage or decease of my wife, all that part of the Plantationwhereon I now live not heretofore disposed of by this will, duringhis life. At his death to be equally divided between his lawfulissue.

 

Item all my stock and plantation tools notheretofore disposed of by this will, I wish them to be sold and themoney equally divided among my heirs. Except one bed and furniture,I give and bequeath to my granddaughter, Sarah Susannah, daughter ofHaley Johnston.

 

Item I wish my plantation to remain as it is untilthe crop is housed, after which all will be disposed of as this willdirects.

 

Item it is my will and desire all that tract ofland in Charleston District which is not heretofore disposed of besold by my Executors and money arising be equally divided among bylawful heirs.

 

And lastly, I do hereby constitute and appoint mysons, James Johnston, John Johnston, and my friend, William Heton,Executors to my last will and testament. Ratifying and confirmingthis and revoking all others and I do hereby authorize and empower myExecutors above named to prevent any of the above legacies from beingsold for the debts of those to whom it is given. Also, to preventthe removal of any part of my Estate out of the State of SouthCarolina. In presence of witnesses whereof, I have hereunto set myhand and seal this seventh day of April in year of our Lord onethousand eight hundred and thirty two, signed sealed and acknowledgein the presence of

 

 

James X Johnston Sr. [Seal]

[his mark]

 

Witness

 

A C McDonald

C F Lessesne

William X Cspson

[his mark]

 

 

[Recorded in Will Book D-1, page 281]

Recorded October 10th 1821]

William Potts Ordy S. D.

Bundle 52, Package 4