Monday, January 9, 2017

Andrew Johnston (1767-1811): Last Will and Testament

[From a copy of a typed transcript made accessible by Sue Davis.]

27th May 1811.

In the name of God, Amen. I, Andrew Johnston possessing at present common soundness of mind and recollection do constitute appoint and ordain this my last Will and Testament hereby revoking all others by me heretofore made in manner and form following, to-wit.

1st. That all my Just debts be fairly and honestly paid, that the whole of my property personal and real be sold in any manner which my Executors hereafter to be named shall think most to the benefit of my Heirs and the moneys arising from such sales after paying my just debts to be lodged in some secure hands as Friends and the interest arising from it be drawn at the discretion of my Executors one third of said interest for the benefit of my wife and the other two thirds for the benefit and education of my children.

My will and desire with respect to my sons are, that if they are fond of learning and are likely to make proficiency in it, and should be desirous of following learned professions that they have all possible encouragement, otherwise that they be put to any mechanical business which they are disposed to follow.

I further direct that my Executors purchase a small tract of land for the convenient accommodation of my wife and family, and that Bob, Ciller and Berry be reserved for their use during the widowhood of my wife and then sold for the common benefit as above directed. My interest in the Appomattox Company (which is one share) and a tract of land adjoining Samuel Locket the right of which is contested and a suit now pending in the court of Hustins [Hustings] Richmond, or Henrico Court which, when recovered is directed to be sold and applied as above directed.

I do hereby appoint the following gentlemen as Executors to this my will, James Morton, Samuel Carter and Henry E. Watkins.

Signe[d], sealed in presence of                             Andrew Johnston
Larkin Anderson
James I. Anderson
Jno. A. Overstreet
Jno. Brightwell

In addition to the within will my desire is that the beds and furniture &c., one chest of drawers one folding table setting Chares [chairs] one small table and all other convenience of furniture which may be convenient to furnish my little family be reserved as the Excutors shall think proper.

Signed, seale[d] in presence of                               Andrew Johnston
John Brightwell     Larkin Anderson
James I. Anderson     Jno. A. Overstreet

At a Court held for Prince Edward County, June the 17th, 1811.

The last will and testament of Andrew Johnston, Dec'd, was presented in Court and proved by the oaths of Larkin Anderson, James I. Anderson and John Brightwell three of the witnesses thereto ordered that the same be recorded. At another Court held for said County Sept. 16th, 1811. On the motion of Charles Johnston, Admr., with the will annexed is granted him there upon he with Walthall Holcombe, Thomas F. Scott and Abner Nash his securities entered into and acknowledge their bond for that purpose in the penalty of Thirty Thousand Dollars conditioned according to law and took the oaths required by law. Certificate for obtaining Letters of Administration with the will annexed in due form is granted him.

B. J. Worhsam, D.C. 

[Andrew Johnston (1767-1811), married to Ann Owen Nash Johnston (1775-1851);
their children included: John Nash Johnston (1799-1850), Peter Butler Johnston (1804-1886), Edward Johnston (1807-1853) and Elizabeth Fisher Johnston (1809-1883).
James Morton (1756-1847)
Samuel Carter (1754-1830) or Samuel Carter (1773-1836)
Henry E. Watkins (1782-1856), sister of Selina Ann Watkins (1789-1864), who was married to Samuel Locke Lockett (circa 1782-1850s).
Larkin Anderson (1769-1815)
James I. Anderson (?)
John A. Overstreet (?)
John Brightwell (?)
Charles Johnston (1769-1833), Administrator; Andrew's brother.
Walthall Holcombe (1761-1822)
Thomas F. Scott (?)
Abner Nash (1775-1823) = probably related to Abner Nash (1716-1786), Governor of North Carolina, who was born in Prince Edward County; brother of Ann Owen Nash Johnston (1775-1851), who was married to Andrew Johnston as above.
B. J. Worsham = Branch Jones Worsham, Sr. (1790-1873), Clerk of the Prince Edward County Court.

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

1 comment:

  1. Per SD: "Abner Nash (1754-1798) that was Ann Owen Nash Johnston's brother was not the governor on NC. Gov Abner Nash was her uncle (1740-1786), son of John Nash(1700-abt 1776). There were quite a few in that large family named Abner Nash. To confuse it more Ann (1775-1851)& her brother Abner's father was also John Nash, son of John Nash

    So you have
    John Nash, from Wales (abt 1700-abt 1776) marries Ann Owen (Wales - Virginia)
    Abner Nash (1740-1786) 2nd NC Governor
    John Nash (1732-1801)
    Ann Owen Nash Johnston (1775-1851)
    Abner Nash (1754-1798)
    John Nash (1760-?)
    I've omitted other children in both generations."