Old Wills

1817 Will of David Johnson – Franklin County

I am in the process of typing the wills from Will Book 1 of Franklin County, Kentucky. When finished it will be published for those having ancestors from this county. The wills are varied. Some are lengthy, with many bequests. Some are highly detailed, others very succinct. Some of the wills were written when the testator lived in another county or state.

David Johnson’s will is of average length, leaving his land and possessions to his wife, Mary, to raise his children. You will notice the clerk, Daniel Weisiger, spelled the name Johnson at the beginning of the will, and Johnston at the end.

Will Book 1, Page 84 – 86

Will of David Johnson

I, David Johnson, of the County of Franklin, knowing the uncertainty of human life, have thought fit to make this my last Will and Testament in manner and form following, that is to say.

Item.  I will and desire to my wife Mary Johnson, during her natural life, the following property – the tract of land on which I live in this county.  The Negro men Bartlet and Bill, the Negro women, Hannah and Mary (and who was first called Sophia), a Negro girl, daughter of Hannah, called Maria, and a Negro boy called Bob.  My wagon and four horses that generally go in it and her riding horse.

Item.  It is my will that the residue of my Negroes remain in the hands of my wife and that they be distributed equally and justly between my children as they become of age or married, by my wife, with the advice of my Executor, always keeping in view the value of the Negro which I gave my daughter Sophia at the time of its delivery.

Item.  I confirm my gift to my daughter Sophia, of the Negro girl Mahaly.

Item.  It is my will that all my property, both real and personal, left in the first item to my wife, be at her death equally divided between all my children, share and share alike and in case any of my children should die after having got any part of my estate and not having bodily heirs, it is my wish that the share of such child be cast in with the general stock or each child, share and share alike.

Item.  It is my will that my land in Breckinridge County be sold by my Executor when in their opinion it can be sold for a fair price.

Item.  It is my will that my household and kitchen furniture and plantation tools be left as they now stand in the hands of my wife to aid and assent her in raising and educating her young children and which she is to retain during her natural life.

Item.  It is my will that the residue of my property be sold by my Executor and the money put out at interest, if my children do not want it, but if any of them should wish to take any part of the money, the Executors are at liberty to let them have what, in their opinion, may be equal to their share.

Item.  It is my will that the money coming from my father’s estate be collected by my

Executor and applied as above directed, that it to say where the children are not of age, put the money out at interest in as safe a way as they think right and pay to the children above age in equal proportion their share of it.

Item.  It is my will that my friends Charles Julian and Benjamin B. Johnson, my son, be my Executors.  In testimony whereof I have set my hand and seal this 16th of September 1817. 

David Johnson

Signed, Sealed and delivered in the present of M. Clark, Thomas Boyd

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