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William Johnson Last Will The State of Alabama
I William Johnson of the County of Shelby in said State, being in feeble bodily health but of sound Mind and disposing Memory Considering the uncertainty of life and the Certainty of death and wishing [?] in life to give [?] directions as to the disposed of the property that I now have or may be singed and possessed of at my death do now ordain and make this my last Will and testament hereby working all others by my formaly made. First it is my will and desire that my debts be paid and to Enable my Executors to pay the same I do hereby will and desire that they so soon after my death as they may think proper shall proceed to sell at public or private sale as they may think best a cirtain trait of land now owned by me in Cahaba Vally the numbers of which not now recollected. but known as the [Hut--] that being the Same purchaised of [?] Hutchison Containing one hundred and twenty three acres more or less for cash or on time as they my Executors here after named may deem proper and the proceeds shall apply to the payment of my debts, second should the proceeds of the sale of said trait of land not be sufficient to pay my debts it is my Will that my Executors apply the proceeds of my crop to the payment of the same or should they think proper may sell at public or private sale such of my personal Estate as they may deem of [leart] servce or use in keeping up the farm and raising and supporting my family, so that my just debts and funeral Expences be all paid with as little delay and Expence as well comport with the interest of my Estate
Third -- It is my will and desire that the [?] of my Estate after paying my debts and funeral Expences be kept from sale or division
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until my youngest child becomes of age that my family used on the plan when I now wide and that my beloved Wife retain the possession and [Co--] of the said property and farm the cultivation of the farm and labor of the hands support and Educate those of my Children that may Continue to live with her Without Cost or Charge for the same -- Fourth it is my will and desire that when my youngest child becomes of age that my Estate with its increase seal and personal be sold by my Executors and Equally divided among and with my wife if living and my Children and Grand Children Say Grand Child or Children taking the part that the parent my son or daughter would be Entitled to if living Fifth It is my will and desire that after the Probate or this my last Will and testament that my Executors be not required to make annual reports or settlements but after reporting Inventory and appraise bill of my Estate and payment of my debts and funera; Expences that they be not required to make further report until my youngest child becomes of age when a division is to e made but that my wife be pirmitted to use and Enjoy in raising and Educating my youngest children and in support of himself and them and such of my children as may used with his the whole of the residue of the my [Ja--] Estate until my youngest Child becomes of age without taking account of proceeds of crops that may be made or [Exp--] that may be
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and desire that as my children now unmarried shall marry or become of age my Executors give to each on his or her marrying or becoming of age the same amount of property as near as may be that I gave to each of my Children now married eighth and lastly I do hereby nominate (?) & app amt to my beloved wife Margaret and my trusty friend Samuel Brasher my Excutrix and Executor of this my last will and testament In witness ? all of which I William Johnson has to set my hand and seal this 22 day of October AD 1849. Wm Johnson (seal) signed sealed delivered and publised by William Johnson as his last will and testament in our presence who subscribe ourselves as witness hereto in his presence would use the presence of and as other and at his request. E.C. Bowdon TW Johnson AA Sterrett
Notice Orphans Court in vactaion Shelby Co 21 June 1850. This day came Samuel Brasher and Margaret Johnscon and presented to this court a paper purporting to be the last will and testament of William Johnson late died in which they are the names Executris and Executor and prayed that the same be admistted in probate in due form and it appearing to the Court that Else Brasher wife of Jepthia H Brasher Prscilla Johnson who are of age Margaret John W. Julia a Anne Martin Frances Andres J and Virginia C Johnson minors are the surviving children of said William Johnson died and it further appearing that Mary Jane Brasher an infance is an heir in right of their deceased mother Mary Thomas and that as eglla William Mary and Joseph Peters who are minors wh are also heirs in light of their deceased mother Jane Peters and it also appearing that said Margaret is the widow and select of said William Johnson. It is ordered bu the Court that this 2nd
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Monday in August next be set to hear and determine if said last Will shall be probated and admitted to record. It is furthered ordered that William J. Peters be and he is hereby appointed Guardian ad litem for said minor children of said William Johnson dec and also for the said minor children of said Mrs James Peters dec and also for the said Mary Jane Brasham and it is also ordered that Isaac and Thomas be and he is hereby appointed Guardian ad litem for the said minor children of said Ms Mary Thomas dec. It is also ordered that due and legal notice be given here of and that notices put in due posession to the said kids of said Wne Johnson dec, of said application. John M McClanan Judge of Probate We acknowdge due and legal notice hereof 22 June 1850 Wm (?) J Peres J H Brasher Till Thomas P L Johnson
{Bond} The State of Alabama Shelby County known all (?) by these present that we Margaret Johnson Samuel Brasher and Thomas H Brasher are held and firmly bound unto Judge McClanan Judge of the Probate Court of Shelby County State of Alabama and his successors in office as the final sum of ten thousand dollars to which payment will and truly to be made We said each of us do bind ourselves our heirs (?) firmly by these 12 day of August 1850. Now the consideration of the above obligation is such that whereas the above bound Margaret Johnson & Samuel Brasher have been duly appointed Executrux and Executor of the Estate of Williamson Johnson now of said Executor & Executrux Shall well and truly perform all the duties which are or may be by Law required of them as Such then the above obligation to be void else remain in full force and virtue
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