Will of Steven D. Johnston
Desoto County, MS, Will Book #1, p. 338-340
Transcribed by Nancy Denty Breidenthal
I Stephen D. Johnston of the State of Mississippi and the County of Desoto do this the 29th day of July A.D. 1858 make and publish the following as my last Will and Testament:
1st. I hereby give the possession of the whole of any Estate to my wife Rebecca E. Johnston so long as she remains my widow to control, manage or use in any way which in her judgement will best promote the joint interest and mutual happiness of her and our children, and to distribute among our children as they become of age or marry in such manner and in such amounts as she may think proper without being required to account to the Probate Court for her management of the same during the time she may have it in possession by virtue of my last Will and Testament. I wish her, however, to keep an account of all property with its proper and true value which she may give our children as they become of age or marry, and the account so kept by her I wish brought into and to form a part of the final division of any Estate as directed in the 3rd Section of this instrument.
2nd. Whenever a division of my Estate takes place according to the 3rd Section of my will, I wish my daughter Mary Amaranda Gray to account for the property which I gave her shortly after her marriage which I valued at Three Thousand Three Hundred and Twelve + 95/100 Dollars, $3312.95.
3rd. In the event my wife should marry I wish my Executors to have her legal portion of my Estate set apart and delivered to her and in the event of her marriage or death, I desire that our children who may be of age or married have their distributive and equal shares of my whole Estate set apart to them also and the balance of the children as they become of age or marry in like manner to receive their equal shares of the undivided balance of my Estate. That part of my Estate not set apart to the children of age or married, I wish to be considered as the undivided property of the children under age or unmarried and as they severally reach their majority or marry to receive their distribution of the same. If my Executors should think it best to sell any portion of my Estate except my slaves, for a division of the same, I wish them to sell without an order from the Court.
4th. I hereby nominate and appoint my brothers Samuel Johnston and Jesse Johnston my Executors whenever the trust conferred in my wife Rebecca E. Johnston by the 1st Section of this instrument shall have ceased by her marriage or death and having the highest confidence in said two brothers do not require any Security on the Bond that may be required of them by the Court.
In testimony whereof I hereunto set my hand and seal the day and year above written.
Stephen D. Johnston Seal
The State of Mississippi, Desoto County Probate Court, October Term, 1865
This day personally appeared in open court Robt S. Flinn, A.W. Stokes and D.W. Bristol who having first been duly sworn deposed and said that they were each personally acquainted with Stephen D. Johnston in his lifetime and that he departed this life in August 1863, that they were also well acquainted with the hand writing of the said Stephen D. Johnston having often seen him write and sign his name, and that these depossants [sic] verily believe that the instrument of writing hereto attached purporting to be the last Will and Testament of the said Stephen D. Johnston, late of said County, now deceased, is in the proper hand writing of him, the said Stephen D. Johnston, and that the same together with his signature thereto is genuine.
Sworn to & Subcribed before me in open court, October the 11th
Sworn to & Subscribed before me A.D. 1865
DeSoto County Coordinator: Tim Harrison
Copyright © 2005-2013 by Tim Harrison & MSGenWeb. All rights reserved. Copyright of submitted items belongs to those responsible for their authorship or creation unless otherwise assigned.