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Note: John Waller Johnston was born in Spotsylvania Co., Virginia in 1762, died in Adair Co., KY. 1801. He went to Kentucky on a surveying tour, and was found dead in his bed. He died single and left a will, the original of which is in the hands of Miss Sarah A. Topscott of Golansville, Caroline Co., VA. The following is an exact copy of the will of John Waller Johnston who according to this instrument was born in 1762, and as the will was admitted to probate in 1801 April 15th, John Waller must have been about thirty eight years of age at the time of his death. The property mentioned in the will is now among the most valuable property in Ohio as the map will show. Exact Copy of Will At Henry Johnston's in Spotsylvania Co., Virginia, March 12, 1797. "Having often considered the accidents attending on this life, I at length resolved to dispose of the property of which I am now possessed, consisting of seven hundred acres of military land no. 2021 Bush Creek within the boundary set apart for the officers and soldiers of the late Virginia Continental line, between the rivers Scota and Little Miami, Northwest of the river Ohio. One thousand acres of Military lands, numbers 230 and 280 in two lots in the Grant of 149,000, called the Illinois Grant, given by the State of Virginia to General George Rogers Clark and his warriors for having and the country of the Kas Kas Kias, etc.etc. Nine negroes to wit, Charlotte, Bettie, Sophia, Richmond, Clary, Cholie, Daniel, Lean and Rachel. And one saddle horse, a small library of books, two stills, one fusel and equippage, one cutlass, etc. one British musket, my wearing apparel, some household furniture, etc. Having thus premised I dispose in the following manner of my estate, after the discharge of whatsoever debts of mine which shall appear of which however I have no knowledge, as I think I have cleared all debts which I ever contracted. I therefore name three testamentary executors, whom I pray to see this my last will executed viz, my brother, Thomas Buford Johnston, Mr. Waller Lewis, Jr., and Mr. Waller Bullock. The two former of this state and latter of the western country. And in case Mr. Bullock and Mr. Lewis will act, to the former I leave my large plate ring with the three initials of my name thereon in a cipher, and to the latter my large mocha stone, etc. with a natural sprig in it as a small testimony of the high esteem and respect which I now entertain of their honor and integrity. In the first place I give unto my mother, Mrs. Agnes Johnston, during her life all the above named negroes, and land and still, horse and saddle, and at her death I lend unto my unfortunate brother William Goodloe Johnston my tract of 700 acres of land No. 2021 Bush Creek on the Northwest side of the river Ohio, my negroes Daniel and Rachel during his life the property to be rested in trustee, purely for his support and maintenance and not subject to any debts as contracts of his whatsoever, and in case any law or laws, whatsoever, which does now or shall hereafter exist, may be in any way construed as to effect or defect the intention of this loan then the property to be subject to disposition by my executors. After the death of my mother, I give unto Thomas Buford Johnston, his heirs and assigns forever. My tract of land No. 280 and 500 acres of land in the Illinois grant called Lochmoben, also after the death of my brother William G. Johnston, my negroes Daniel and Rachel, after the death of my Mother I give unto my brother Henry Goodloe Johnston his heirs and assigns forever my tract of land No. 230 of 500 acres called Lockwood and my negro boy Richmond. After the death of my mother, I give unto my Sisters Ann Kay (Childress) Dorothy Pomfret Johnston and Sarah Dabney Johnston all the following negroes and their future increase to be divided among them in equal proportion and in case Dorothy P. Johnston and Sarah D. Johnston shall die without children their portion to be divided between Thomas B. Johnston and Henry G. Johnston viz:- Charlotte, Chollie, Lean and Clary and after the death of my brother William G. Johnston I give unto my aforesaid three Sisters my Annandale tract of 700 acres of land No. 2121 Bush Creek N. W. side of the river Ohio, under the same restrictions and revisions with the negroes, except that they shall actually reside bona fide, fix themselves thereon as their general place of residence, and in case of default in this requisite their pretentious to claim shall cease and become extinct. After the death of my mother I give unto Bettie the daughter of Charlotte and her heirs forever, their freedom from slavery and in case she should not be arrived at the age of (21) twenty one years, I desire she may be bound out to an industrious family until she arrives at this age. She was born Nov. 25, 1785. After my death I give to the Transylvania Seminary in the State of Kentucky, my medical library, including dictionaries of every description, together with every other book belonging to my library whose subject is scientific to be vested in the Trustees for the the use of such Seminary. And easily it is my wish that all my property not particularly Disposed of already except wearing apparel be sold to the highest bidder for ready money and after paying all unforesaid expenses, and paying for a decent gravestone, and expenses as attending burial etc. be divided equally amongst my surviving brethren. My wearing apparel of every description I give unto my brother William G. Johnston. My Father Henry Johnston having given me at the time of the derangement of his intellectual system one hundred and twenty one and three fourths acres of the land whereon he now resides, this if I have any good claim to from the above recited donation, I wish to be divided among my surviving brothers. It is my desire that my coffin should be plain, and after I am put in, that it may be filled with unslacked lime, that in a short time nothing may remain of me in this world but my memory among my friends. The foregoing and above autographic shows my real sentiments and wishes at this time. I therefore most earnestly wish my executors to see it faithfully executed without fraud or collusive evasion from any of the parties named, or concerned, provided they show a disposition to do so. Done at Henry Johnston's in Spotsylvania Co. aforesaid the 12th day of March 1797 in the 35th year of my age. Signed only by John Waller Johnston Fayette County April Court 1801 The late will and testament of John Waller Johnston deceased was produced in court and proved by the handwriting of the said John Waller Johnston, by the oaths of Waller Overton and Thomas Y. Bryant and ordered to be recorded and Thomas Buford Johnston and Waller Overton executors mentioned in the said will came into Court and made according to law, and entered into and acknowledged their bond in the penalty of $6000.00 with James Bullock their security conditionary as the law directs which is ordered to be recorded in testimony that the foregoing is a true copy, I hereby set my hand and affix the seal of my office this 15th day of April 1801, and of the Commonwealth of the 9th. Leo Todd, CCC (Clerk Co. Court) Fayette County Seal At a Court here for Spotsylvania Co. the 7th day of April 1801, on the motion of Thomas Minor, who made oath thereto, and together with Jeremiah Wilson and Thomas Waller, his securities entered into and acknowledged a bond in the penalty of $8000.00, conditional as the law directs, certificate is granted him for obtaining letters of administration ____________ on the estate of John Waller Johnston, deceased with his will annexed in due form. R. L. Stevenson, C.C. At the Court held for Spotsylvania Co. the 7th day of July, 1801. A true copy of the last will and testament of John Waller Johnston deceased, as recorded in the State of Kentucky and authenticated by Leo Todd Clerk of Fayette County in the said State under the seal of office on the motion of Thomas B. Johnston, who made oath thereto, and together with _________ Waller Johnston, his security entered into and acknowledged a bond in a penalty $2000.00 conditional as the law directs certificate in guaranteed him for obtaining a probate of said will in due form. R. L. Stevenson, C.C. A true copy F. C. Beverly, C.S.C.
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