Wednesday, March 22, 2017

Charles Clement Johnston: Last Will and Testament, 1827 and 1832

[Charles Clement Johnston: Last Will and Testament, February 2, 1827 and exhibited in court, August 27, 1832. From a copy provided by Sue Davis from will books, Washington County Court House, Abingdon, Virginia, pages 263-264.]

I Charles C. Johnston do make and ordain this to be my last Will and Testament.


Imprimus.


I direct the land I purchased of Vance Acklin, to be sold, all my personal property, not retained by my wife to be also sold, and the proceeds derived therefrom, as well as from the collection of all debts due me, to be applied as soon as practicable to the payment of all my just debts.


I direct the land I purchased from the Trustees of the Abingdon Academy to be also sold, in such a way as is possible to discharge the purchase money thereof.


I devise my House & Lotts I purchased of Henry St. John Dixon, with all their appurtenances together with the lotts purchased, of Willoughby to Wife as long as she chooses to reside thereon. When she removes permanently elsewhere I direct them to be sold, the one third of the purchase money remaining after the payment of my debts, if it should be necessary to apply any of it to that purpose, to my wife, the remaining two thirds to be equally divided among my children.


I also devise to my wife such of my personal property as she chooses to retain, without her being required to account therefor.


As I presume she will not continue to keep house where we live, I earnestly recommend her, to reside with my father, to whose protection she is confidently committed, where she would not only have a safe abode, but would contribute greatly to render his home comfortable to him. In that event I would advise a sale of all the household furniture.


I  give to my nephew John W. Johnston the rifle gun and its accoutrements which his father gave me.


I give to my brother Beverly R. Johnston my patent Server [Silver?] watch, he paying therefor to my estate forty dollars. The conditions of my family will be such as not to allow me to make it more liberally that is the only reason, and I am sure it will be a sufficient one, that I do not remember my other friends.


I hereby invest my Executors hereafter named with full and unlimited power and discretion, to sell the above described real and personal property, at any time, and in any manner, whether privately or publickly, for cash, or on credit, which they might think most conducive to the interest of my estate, hereby investing the, to make deeds with general warranty, if the same should be required, for the conveyance of such real estate, so as to bind my heirs.


I hearby appoint my kind and trusty friend John H. Fulton and my brother Beverly R. Johnston excrs of this my Last Will and Testament.


In Testimony whereof, I hereunto set my hand and seal this 2nd day of February 1827.


signed as the Last Will and Testament              Chs. C. Johnston SS 

of Chs. C. Johnston, in the presence of us.
Jeremiah Bronaugh
B. R. Johnston

At a Court held for Washington County the 27th day of August 1832.


The last Will and Testament of Charles C. Johnston deceased was exhibited in court and proved by the oath of Jeremiah Bronaugh a subscribing witness thereto and ordered to be recorded. And on the motion of John H. Fulton and Beverly R. Johnston the executors therein named who took the oath of an executor prescribed by law and entered into and acknowledged their bond in the sum of Ten thousand dollars with James White, John S. Preston, John M. Preston, John D. Mitchell and William K. Trigg their securities conditioned as the law directs. A Certificate is therefore granted them for the probate of the said Will in due form.


                                     Teste

                                     Jacob Lynch, D. C.  

[Eliza Madison Preston Johnston (1803-November 27, 1828) married Charles Clement Johnston (1795-1832), at Greenfield, on December 29, 1822. 
John Preston Johnston (1824-1847) was born on February 1, 1824. Eliza Mary Johnston (1825-1909) was born on July 3, 1825. 

Her sister Susan Louise (or Louisa) Johnston was born in December 1826 and died on September 23, 1827. 
Vance Acklin = James Vance Acklin (born 1780). The Acklin family owned a tavern in Abingdon, still standing. There is a picture of it here.
Henry St. John Dixon (1773-1846)John Warfield Johnston (1818-1889)
My father = Peter Johnston, Jr. (1763-1831)

His father = Dr. John Warfield Johnston (1790-1818)
Beverly Randolph Johnston (1803-1876)
John H. Fulton = John Hall Fulton (1792-1836), brother of Andrew Steele Fulton (1800-1884).
Jeremiah Bronaugh (born 1802)
James White (1770-1838). Family papers, including some additional Johnston information, here.
John S. Preston = John Smith Preston (1809-1881)
John M. Preston = John Montgomery Preston (1788-1861)
John D. Mitchell = John Davis Mitchell (1799-1859)
William K. Trigg = William King Trigg (1807-1877)
Jacob Lynch (1798-1862), Clerk of Court since 1830. 
No specific mention is made of enslaved servants Dolly Claibourn, Franky or any other people who were classified as part of Charles' "personal property."]

[Many thanks to Sue Davis, William Myers, Mary Davy and Sally Young for their ongoing research collaboration.]

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