I've had several requests for a copy of this will. Unfortunately my copy is on the dark side, so I transcribed it. Let's see if it all fits on one post J WILL - James Johnston of Orange Co., N.C. 1785 [page 1] William Johnston of the County of Orange and province of North Carolina, Merchant, only Son and Heir of Robert Johnston late of Harthwood in the Parish of Lochmaben, and shire of Annandale in Scotland, deceased, by Isabell his then wife: do make and ordain this my Testament and last Will as followeth, to wit. I will that all my just debts may be paid, as speedily as may be, by my Executor here in afternamed [sic]. I give and bequeath unto my much respected Mother Isabell Johnston widow and Relic of my said Father Robert Johnston, one hundred pounds sterling to be paid to her within six months after my decease: I likewise give and bequeath to her, an annuity of twenty pounds like money for and during her natural life, to be duly and regularly paid every year without abatement or deduction, and to the payment of thereof I subject all my Estate both real and personal. I give to the children of Catharine Gardner deceased, late wife of Mr. Edward Gardner of the City of Lincoln in the Kingdom of Great Britain, and in case of the death of any of the, to the representatives of such as may be dead, Ten shillings Sterling, to be equally divided amongst them share and share alike. [page 2] I give to my Cousin Mary Robson, wife of Henry Robson now or late of the County of Cumberland, near Carlisle in the Kingdom of Great Britain, (Sister to the said Catharine Gardner) and her Heirs the sum of five shillings Sterling. I give to Mary Harrison, widow and Relict of James Harrison deceased, near the Town of Louth in the shire of Lincoln in Great Britain, Fifty pounds Sterling, and to her Heirs if she should not survive me. I give and bequeath to Elizabeth Robinson, widow and Relict of John Robinson late of the City of Lincoln aforesaid Esquire deceased, and her Heirs the sum of Two hundred pounds Sterling. I give to Robert Read now or late of the City of Lincoln aforesaid, the sum of Fifty pounds Sterling. I give to John Dickson of Lochmaben in the shire of Annandale aforesaid Esquire, the sum of Fifty pounds Sterling. I give to James Hogg, Thomas Hart, John Kinchin and Richard Bennehan, all of the County of Orange and province of North Carolina aforesaid Esquires, each the sum of Fifty pounds current money of the said Province of North Carolina. I will and desire, that my said Executors pay one hundred pounds current money aforesaid, for the use of the first good Academy or Seminary of learning, that shall be in the opinion of my said Executors, or the Survivors [page 3] of them, within Ten years after my decease duly established in the County of Orange aforesaid. I Will and desire, that my said Executors may purchase and Erect, a plain but decent Monument to the memory of my late beloved wife and children, who are Interred at the burying place on my plantation at Littleriver [sic], in the County of Orange and Province aforesaid and if I should depart this life in America, I wish to be there interred. And if at any time after my decease, the said plantation should be disposed of by my succeeding Heirs, my Will is that the said burying place and one acre of Land, with a sufficient road to and from the same, be incepted and reserved out of such Sale, and that it be and remain the family burying ground forever. I give, devise & bequeath to Edward Stabler of the town of Petersburg in the Colony of Virginia Esquire, Samuel Johnston of the Town of Edenton in the Province aforesaid, Esquire with the above named Gentlemen, to wit, James Hogg, Thomas Hart, John Kinchin and Richard Bennehan, Trustees to and for the use and behoof of my beloved Daughter and only child Amelia Johnston and her Heirs forever all the rest and residue of my Estate real and personal of every kind whatever, where so ever it shall be, and every claim, Interest or demand that I have, or hereafter may have, or of right should be entitled to, either in Law or Equity; to hold to them the said Edward Stabler, Samuel Johnston, James Hogg, Thomas Hart, John Kinchin and Richard Bennehan, for the express use, benefit & behoof of my said Daughter Amelia Johnston her Heirs and Assignees [page 4] and to no other use intent or purpose what so ever. And I so appoint the before named Edward Stabler, Samuel Johnston, James Hogg, Thomas Hart, John Kinchin and Richard Bennehan, Guardians of my said Daughter until she shall arrive at the age of twenty one years, ardently requesting their particular and friendly attention to her Education and conduct in every respect, as on the hopes of her good behavior and happiness, my felicity chiefly depends; and I strictly request, that she pay due attention to what for her good shall be by them recommended. Provide never the less that if it so happen, that my said Daughter should not marry, or shall not live to a sufficient age, for her legally to dispose of the aforesaid bequests; then and in either of these cases, I will and devise, all and singular the devises and Legacies mentioned as aforesaid for her, to the persons and in manner following after her decease, to wit. I give and bequeath the yearly profits of my Estate, to be paid to my said Mother annually for and during her natural life; and further, I give to her five hundred pounds Sterling, out of which sum I desire may be paid all just demands against my Fathers Estate, (if any such demands the as soon as they can be properly ascertained, and the remaining part thereof, to be disposed of by my said Mothers Will, to be paid to such person or persons, or to such purpose, or purposes, as she by such Will shall appoint. Provided likewise, that if my said Daughter should survive my said Mother, and yet not arrive at the age of twenty one years [page 5] in that case, I bequeath to Robert Burnet of the Parish of Mooshall [sic - read Mouswald], and County of Nithsdale in Scotland, Brother to my said Mother, and to his Heirs the sum of Two hundred pounds Sterling. And I also give to Mrs. Jane Craik, wife of William Craik, of the Parish of Mooshall [sic - read Mouswald] aforesaid, and Sister to my said Mother, and to her Heirs the sum of Two hundred pounds Sterling. And in such case, I request the favour of my Friend James Gibson of Kelton in the Shire of Gallaway [sic - read Galloway], in Scotland aforesaid, late of Suffolk in the Colony of Virginia, Esquire; to receive from my Executors the said Legacies & bequests to my said Mother, or to the said Robert Burnet and James Craik, and pay the same to them respectively: and further, that he would attend as much as he conveniently can, to their disposition thereof. Provided further that if my said Daughter should die under the age of twenty one years, I give & bequest the sum of Two hundred pounds Sterling to the above named Mary Harrison and her surviving Children, to be equally divided amongst them. Provided also that if my said Daughter should not live to the age of twenty one years, I give and bequeath to the above named John Dickson, the sum of two hundred pounds Sterling, and to his Heirs if he should not survive me. Provided likewise that if my said Daughter should not arrive at the age of twenty one years, I give and bequeath to the above named Robert Read, the sum of one hundred pounds sterling. And in case my said Daughter should depart this life before the age of twenty one years, I give an bequeath to Mrs. Ann Hamilton now or late of the said City of Lincoln, widow and Relict of [page 6] Hamilton Esquire, deceased, late of the Town of Kingston upon Hull, in the Shire of York and Kingdom of Great Britain, Daughter of Mr. Alderman Fowler late of Lincoln aforesaid, and to her Heirs the sum of Two hundred pound Sterling. Provided always, that if my aforesaid Daughter should not live to the age of twenty one years, in that case, I give and devise all the rest and residue of my Estate, of what nature or kind so ever, and where so ever it may be, to Mrs. Mildred Fenton wife of Thomas Fenton, near the Town of Leeds, in the Shire of York aforesaid, Esquire; (Daughter of the above mentioned John and Elizabeth Robinson) and to her Heirs, if she should not survive them. But if my Daughter Amelia Johnston aforesaid, should live to the age of twenty one years, then all the preceeding [sic] Devises and bequests here in mentioned, since the bequests and Devises to her as aforesaid, shall be void and of non effect. Nevertheless, if my said Daughter should arrive at the age of twenty one years, and fail to dispose of her said Estate, by her last will or, instrument in writing purporting to be her last Will, or to make such Will or appointment, then I bequeath and devise, that the before mentioned Legacies and bequests to the persons therein named, shall take effect and be applied in the same manner, and for the use and purposes in every respect, as if my said Daughter had died under the age of twenty one years. Provided further, that if my said Daughter should survive [page 7] at the age of twenty one years, and dispose of her Estates aforesaid, I will and desire if any debts are then due from my said Fathers Estate, that they be paid by her as aforesaid. I give to my Negroe Servant woman now living with me, distinguished by the name of big Ester, her freedom if she is living at my decease. I nominate and appoint my friends James Hogg, Thomas Hart, John Kinchin, and Richard Bennehan aforesaid, Executors of this my Testament and last Will; and I do hereby revoke and disannul, all and every former Will by me heretofore made. In Witness whereof, I have hereunto set my hand and Seal this twenty eighth day of June, in the year of our Lord Christ one thousand seven hundred and eighty five. Signed Wm. Johnston