Newberry County, South Carolina Genealogy Trails

 Last Will and Testament of John Johnston
contributed by Randy Butler 

In the name of God Amen, I John Johnston of the State of South Carolina in Ninety Six District Newberry County planter & Distiller. Being in a toterable state of health of body and of perfect mind and memory thanks by unto God for his mercies to me so undeserving; and calling unto mind the mortality of my body and knowing that it is appointed for all men once to die to make and ordain this my last will and testament: that is to say principally and first of all, I give and recommend my Soul into the hands of almighty God who gave it and my body I recommend to the Earth to be buried in decent Christian burial at the discretion of my executors: nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God, and as touching such worldly estate where with it hath pleased God to bless me in this life.

I give devise and dispose of the same in the following manner & form—that is to say after my funeral charges and all my just debts is paid and my sons Robert, Samuel, William & James & my daughter Rebekah has six months schooling apiece the expenses of which is to come out of my moveable state then when my daughter Rebekah is sixteen years of age she must have one good feather bed and furniture and one good new hunting saddle, one new spinning flax wheel, two new suits of clothes out of the store the grounds Callego the other things suitable to them also one cow & calf, one sow and pigs, one Ewe one five gallon pot, one horse Creature valued to eight pounds stirling these things she must have if my movable estate should be so reduced that it is not for her there my five sons amongft whome I shall leave my lands must pay her what is lacking so that if she lives she must have these things—

and if my movaable estate at that time will hold out to do it my sons, William and James must have a new suit of clothes out of the store food & of good credit one for each of them & each of them a good every day suit of clothes and each of them a new saddle and each of them a horse Creature with eight pounds stirlling:

my son Robert is to have the Blasé fafd Colt that he now rides:

as my son John & my daughter Elizabeth had Cretures given to them before:

and my five sons if living must have one matrick, one ax, one hoe, one barshear plow apiece new or as good as new:

and as part of my son Samuels land was sold for smith tools that I now have he must have the whole of them and as my son William place was the last choice I give him my little still and worm tub & four veffels:

and as part of my son James land sold & good part of the reft is nearly wore out I give to him my biggest still of seventy one gallons worm tub and all the remainder of the still veffels troves and conveniencies belonging to stilling—all this before and devifion is made & if me or my heirs pay of what I was security for brother William for he will owe the estate not less than one hundred and fifty pounds stirling and after what is above mentioned is accomplished & a new still of forty gallons bought and given to my son William in stead of the old one above mentioned then all the reft of my movable estate is to be equally divided amongst my seven children if living a that time –

until as for what land I am yet puffed of lying round about where I now live & also the place where I now live I diffofe of in the form & manner following that is all that I have not sold & first I give & bequeath to my eldest son John that plantation or tract of land containing two hundred & forty acres being part of tow tracts of land one of them was granted to Johanous Ragnous containing 200 acres the grant signed by his excellency the honorable William Bull Efquire Lieutenant Governor the 23 day of August annodmi 1774 in the 14 year of our Reigh the grant says, a memorial hereof entered in the auditor Generals office in Book M.N. 13, page 302 the 10, dau of February 1775, the other was granted to the above said John Johnston: sener a tract of land containing 150 acres & witnessed also by the above said Governor Willliam Bull on the 18 dau of January anno: dom: 1765 in the fifth year of our reign it is said, recorded in grant book Y Y page 200 surveed by Edward Mufgrove the shape form & marks of the above said 240 acres will more fully appear by a palt made by Jocob Roberts Brown then Judge of Newberry Court it was made at my request & signed the 28 day of October 1794 –

Next I give & bequeath unto my son Robert 106 acres land at my request plotted by the above said Judge Brown I also give and bequeath to my son Robert all that parcel of land that I bought of Benjamin Butler sen it & the above 106 acres. Being only part of 100 acres of land granted to me by hi Excellency Lord Charles Granville Montagu at that time governor and Commander in Chief in and over this state the 12 day of January anno: dom. 1769 in the ninth year of our reign it is said; Secretarys office recorded in book D.D. D. page 49 and examined by George Murray & in the auditors office in book I.R. g page 286; the 24th of April 1769 and surveyed by John Caldwell D.P.

Went I give and bequeath to my son Samuel a plantation or tract of land containing 244 one hundred and forty four acres mefured & plotted at my request by the above s.d. Judge Brown for the boundaries I refer whom it may concern to the plat made by said Brown the s.d. 144 acres is part of two surveys and was granted to the above said Ragnouse by the above said William Bull & at that time lieutenant governor in this state being part of the same 200 acres above mentioned the other is 150 granted to my selfe by the same above said governor Bull and is the 150 acres above mentioned –

Next I give and bequeath to my son William Johnston one hundred and eighty acres of land at my request mefured & plotted by the above said Judge Brown the 5 day of November 1794 for the shap form marks & boundarys I refer whome it may concern to the plot made by said Brown D: P. Surver –

Next I give and bequeath to my son James Johnston all that plantation or tract of land where I now live containing 175 acres or including all that is felt our by the above said four plots belonging or now willed to my above mentioned four sons John Johnston, Robert Johnston, Samuel Johnston , & William Johnston and is part of the land contained in the three grants above mentioned one of Ragnous & 2 of my own or got out in my own name & I give to my son James Johnston all the profits that shall or may arise from the said land & premisies from the time of my deceafe my son William Johnston is to take the full poffion of his lan & premifes at the age of 18 years. But none of them to have power to sell their lands before they are full 21 years of age, and as my son William Johnston is but weakly & his land but poor I alow or will that the old still will to him above be sold and a good new still to hold 40 gallons besides the cap be cought & given to him out of my movable estate before and division be made

I also will that my aged mother enjoy peasible poffion of the house that she now lives her life time or as long as she pleases to stay in it and that my children use her kindly and that they ask her for no pay for any thing that I have done not direct her at all on that account yet if Brother William who had the right to maintain her was able or if she was able her self left enough behind her I should think it right to have or that mine should have some thing for what trouble me & mine has had with her this 7 or 8 years above what the rest of her children had I will also that my executors make bargains for my young sons William & James in renting their places for them at leaft till they are 18 years of age and advise then after wards;

I will also that if any of my five sons amongst whome I have given my land should dye with out a proper heir that their lands that dye be they more or lefs shall be equally divided amongst my sons that are yet at that time living –

and for the true and faithful accomplishment of this my last will and testament I do constitute make an do ordain my three sons John Johnston, Robert Johnston, and Samuel Johnston to be my lawful executors and I do herby utterly disallow revoke and disannul all & every other former testament wills legacies bequeaths and executors by me in nay ways before named willed and bequeathed—

Ratifying & confirming this and no other to be my last will and testament in witness whereof I have hereunto set my hand and seal this 19 day of June in the year of our lord one thousand seven hundred & ninety five.

Singed sealed published and pronounced and declared by the said John Johnston; sent. As his least will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names:

N.B. the words –seven hundred enterlined before the signing & sealing of the above will—