Peter Johnston: Last Will and Testament (1786)

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

PETER JOHNSTON'S WILL

In the name of God, Amen.

I. Peter Johnston, of St. Patrick's parish, in the County of Prince Edward, being in perfect health and strength of memory at the time of writing this, calling to mind the frailty of human nature and how uncertain our time is, do make and ordain this, my last will and testament, in memory and form following.

First. I recommend my Soul to the protection of Almighty God, steadfast[ly] hoping that through the merits and meditation [mediation?] of Jesus Christ, I shall have all my sins pardoned and inherit eternal life. As to my body, let it be returned to Mother Earth without the ceremony of funeral sermon or sables wore.

As to my possessions in this life, I give and devise them in manner following:

I ordain that all my debts justly due from me be fully satisfied and paid.

During the natural life of my wife, it is my desire that she have the sole use of the plantation whereon I now live, with the following negroes, viz. Janie, Ned, Sam, Africa, Edinburgh, Davie, Harry, Hannah and Sally Grey, Old Lydia, Penelope, Rose and Peggy, together with the use of all my household furniture, stocks of cattle, horses, sheep and hogs on the aforesaid plantation, and after her death to the purpose hereafter mentioned.

I give and bequeath to my son Peter, and his heirs forever, all the land purchased of Thomas Nash, also my large Bible, Gold Seal, Freemason medal, the ring I now ware [wear]; also twenty-five volumes of the London Magazine, beginning with the year 1732 and so on successfully [successively].

I give and bequeath to my son Andrew and his heirs forever, all the land remaining at my death of the Court House tract, be the quantity what it will; also two other tracts lying on the branches. Creeks in this county: the one counting four hundred acres, the other two hundred forty-six acres; also Hume's History of England, Mills' Treatise on Husbandry (5 volumes), and the silver tankard, and nine volumes of the London Magazine, beginning with the year 1757 and so on.

I give and bequeath to my sons, Charles and Edward, each of them, one half of the land I purchased in Hanover County (formerly the property of Philip Aylet), also one lot or half more of land at low point in Surry County, and one lot or half more in the town of Edinburgh in Prince George County, to be held by them and their heirs forever.

I give to my sons [son] Charles and his heirs forever, the silver cann [can] and waiter, four silver salts and their spoons, six muscatines [muscadines?], Cunningham's Laws of Exchange, beginning with the year 1766 and so on.

I give and bequeath to my son Edward and his heirs forever, the silver soup spoon and all the table spoons, tea tongs, and punch spoons, all of silver, also my books which I have not already given away.

Whereas it is my intention and I do truly so will and decree that all my estate of what kind so ever which I am now possessed of or have in expectation, remainder or reversion, and have not already disposed of, shall be divided in just proportion among my sons, Peter, Andrew, Charles, and Edward, and in the case of death of either of them without lawful issue everything given to such deceased by writing, this will go out to the survivor or survivors of them, but as it will tend to the advantage of my family that the estate be kept together for their mutual support till my son Andrew comes of age, I do therefore order and decree that there will be no division till then, and let it be understood that the negroes and all other things lent my wife are to be taken in proportionately to each of my sons in the division, but they have no use of them till her death, unless by her consent.

I also will and decree that no part of my negroes or anything else be sold or any otherways disposed of, save in the support of my family, and that there be no appraisement, but an inventory hereby taken.

Whereas I did by deed make over in the month of March, 1784, to my son Peter a certain tract of land containing two hundred forty six acres, my will is that he make his brother Andrew a title in fee simple to that land or pay him sixty pounds in lieu thereof, and also pay Andrew one hundred pounds as his land is superior to that of Andrew. 

I appoint my son Charles as guardian of his brother Edward, and I ordain and appoint my wife and my sons, Peter, Andrew, Charles, and Edward, executors of this my last Will and Testament, and do hereby revoke and annul all wills by me heretofore made; in witness whereof I have hereunto set my hand and seal this twenty-sixth day of February, Anno Domino one thousand seven hundred and eighty-six.

PETER JOHNSTON (seal)

Signed, Sealed, and Published
in Presence of

Thomas Scott
Rec'd December 18, 1786

[Peter Johnston (1710-1786)
My wife = Martha Butler (1732-1799)
Peter Johnston, Jr. (1763-1831)
Charles Johnston (1769-1833)
Edward Johnston (1774-1836)
Andrew Johnston (1767-1811) - dates may be wrong, given the contents of the will. 
Thomas Nash (1730-1769)
Philip Aylet = either Phlip Aylet (1710-1754) or Philip Aylet (1767-1831)
Thomas Scott (1727-1804), Magistrate of Prince Edward County as of 1785 and also a trustee of Hampden-Sydney]

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