Philip Johnston Will Transcription

Date: 23 Mar 1852 to Jan 1853
Location: Union, Kentucky, United States
Surnames/tags: Johnston Branham

In the name of God Amen I Philip Johnston of the County of Union and state of Kentucky being in ___dle health and of sound mind and disposing memory and calling to my mind the uncertainty of life and the certainty of death, do make institute and ordain this my last will and testament.
Item first. I wish and direct that all my just debts be paid and I direct that my Executor hereafter named sell at public Auction or privately as they my think best all my estate both real and personal except so much as may be hereafter bequeathed for the purpose of ??? ??? to pay my debts with the several legacies which shall be hereafter granted in this will.
Third, I give to my son James Rowland Johnston in ??t for the use and benefit of my son Thomas Johnston and his heirs forever one hundred and fifty acres of land adjoining the farm on which I live and the same on which my Thomas Johnston lives at this time, the same having been surveyed above and as follows Beginning at a small sassafras and a small black oak standing near the foot of the hill and one of ??? corner thence 58½W 23 poles to a white oak and hickory to be one of Phillip’s corners standing on the bank of the Slough thence S1E 190 poles to a stake bl??g two trees thence N39½E 56 poles to the box elder and Coffee nut tree thence N27E 216 poles to a stake in the diagonal line, thence with said line N31W 28 poles to a stake corner to Philip Johnston and Stephenson, thence with Stevenson line S59°W 218 poles to Hackberry Mulberry and ash thence N32°W 55 poles to the beginning, should there have been a mistake in that having ???d Phillips corner in the first line my desire and wish is to go to it and run with it the length up the second line as given above.
Fourth. Should my son James Rowland Johnston ??? for my son Thomas Johnston at any time hereafter think it ??? be for the intent and benefit of his brother Thomas Johnston with the advice and consent of his said brother Thomas Johnston to the said trustee is hereby granted the p??ge of selling the above named ??? land and one hundred and fifty acres in any part thereof and the money ??? from such sale may be laid out in such other property as my son Thomas Johnston may ??? ??? the property so purchased the ??? thereof shall be vested in my said son James Rowland Johnston trustee as ??? or ???? or any other person when my Son Thomas Johnston may chose.
Fifth I give to my daughter Betsey Taylor Branham for her own & special use three hundred dollars also to my said daughter Betsey Taylor Branham and my son in law Joseph H Branham the further sum of nine hundred dollars which is to be paid out of the proceeds of the sale of my estate I also give to my daughter Betsey Taylor Branham a negro woman now in her possession & her infant boy the negro girl Mary Ann also in her possession daughter of Malinda, I acknowledge was purchased of me and paid for by my son in law Joseph H Branham and for which no bill has been heretofore given.
Sixth I give to my son James Rowland Johnston ten thousand dollars out of money arising from the sale of my estate and a negro boy now in his possession by the name of Henry, also my gold watch, my silver spoons and sugar tongs.
Seventh After my debts shall have been fully paid, also the several legacies in this will bequeathed paid on should there be a residual sum appropriated I wish said residual together with any residue of estate equally divided between my three children Thomas Johnston Betsey Taylor Branham and James Rowland Johnston.
Eighth It lately having appeared that my wife Mary Y Johnston will be amply provided for by an interest in property in Cincinnati and Carrington together with her dower right in Illinois & there being a marriage contract between us re??? ?? all claims as such others property I feel myself released from making any provision for her.
Lastly I appoint my son in law Joseph H Branham and my son James Rowland Johnston Executors of this my last will revoking all other heretofore made and it is my wish and direction that the Court do not require security of the named Executors.
In testimony whereof I have hereforto set my hand and affixed my seal this 23rd day of March 1852. Philip Johnston.

Union County Court, January Term 1853
The forgoing writing purporting to be the last will and testament of Philip Johnston decd was this day produced in open Court and found by the oaths of W. G. Hughes A. Gill Thompson and Jeff Brown to be wholly in the hand writing of said Philip Johnston decd as his last will and testament and ordered to be recorded, which is done accordingly. Attest Jeff Brown clk Union county Court

Sources

• 1852 Philip Johnston Will. Kentucky, Union County, County Court, Wills, Vol. C, pp. 168-169, 23 March 1852, digital images 369-370 of 570, FamilySearch.org ([1]: accessed 13 April 2023)