Monday, November 28, 2011

Amanuensis Monday - Irvin Johnston's Will

From the Huntingdon County, PA Will Book No. 9, 1878-1882,  page 33, located at Huntingdon Co. Court House, Huntingdon, PA -

Huntingdon County ss:
     Before me, Register for the probate of wills and granting Letters of Administrations in and for said county, personally appeared J. Wesley Johnston, who, being duly sworn, doth depose and say that Irvin Johnston, late of West Township died on or about the 25th day of November 1878 at 4:35 oclock a.m. to the best of his knowledge and belief.
Sworn and subscribed this 3rd day of March A.D. 1879 before J.D. Kuntzelman, Register. 

The abstract of Irvin Johnston's Last Will and Testament -
Irvin Johnston of the township of West in the county of Huntingdon… To my beloved wife Tiney Johnston, all my household furniture that is now in my house and in my possession, also my horse, carriage and carriage harness, two cows, three young cattle, six heads of hogs and three hundred dollars of money out of the sale of my personal property…Executors will lease my farm on which I now live for the sum of three years after my decease and then put it to sale.  My wife Tena Johnston to remain in the house until the expiration of the lease…bequeth to my wife Tenay Johnston five hundred dollars out of the sale of the farm to be invested in a homestead…I do hereby bequeath to my son Wesley Johnston three hundred dollars…the balance of my money…shall be equally divided between the following names heirs:  Alfred Johnston, Wesley Johnston, Franklin Johnston, Howard Johnston, and Molley Johnston, my five children and I do further bequeath to Teney Johnston my wife all the firewood she may need during the term of the lease on the farm… appoint my son Wesley Johnston of Fulton County, Pennsylvania, Executor of this my will.  In witness whereof, I the said testator Irvin Johnston have to this my last will and testament set my hand and Seal the 14th day of November A.D. 1878.
Signed Irvin Johnston by his mark
Witnesses:  Ephraim Fisher and Henry Davis, Jr.

The Huntingdon Journal
Huntingdon, Pennsylvania
Friday, October 8, 1880
[Source:  Newspaper Archive]
Orphans’ Court Sale of Valuable Real Estate (Estate of Irvin Johnston, Deceased.)
     By virtue of an order of the Orphans’ Court of Huntingdon county, Penn’s, the undersigned will expense to sale, on the premises, in West township at one o’clock, p.m., on Tuesday, October 26, 1880, the following described valuable real estate, vis:  A tract of land situate in West township, Huntingdon county, Pa., adjoining land of Henry Davis, Jr., Richard Cunningham’s heirs, John Cunningham, John Gregory, and others, containing 117 ACRES, all cleared and tillable limestone land.  It is in the Shaver’s Creek Valley, about three miles from Petersburg, and has thereon erected a GOOD BRICK HOUSE, BANK BARN, NEW WAGON-SHED AND CORN-CRIB, SPRING HOUSE, GOOD FRAME HOG PEN, and other outbuildings.  There is a never-failing spring at buildings, running water in barnyard and in six of the fields.  A good apple orchard of nursery fruit, belle pears, cherries, etc., with church, schools, mill and stores all convenient.  Possession given April 1st, 1881.
TERMS OF SALE:  One-third of purchase money at confirmation of sale, balance in two equal annual payments with Interest, to be secured by judgement notes or bonds or mortgage of the purchaser.
J.W. Johnston, Admr.of Wells Tannery, Pa.

Final Account of J. Wesley Johnston, Executor of Irvin Johnston, Late of West Twp.  Book 5, 1881 No. 205, page 412 - The complete Executor’s report is recorded.
Irvin Johnston’s five children, as listed, W. A. Johnston, T. F. Johnston, Howard Johnston, J. Wesley Johnston, and Mary M. Baumgardner, received distributions of  1/5 of 2/3 of his estate, in the amount of  $313.93 each. 
Signed by William A. Johnston for himself and as Grantee of Interest of T.F. Johnston and Howard Johnston; J. Wesley Johnston; and Mary M. Baumgardner.
[Source: Huntingdon Co. Court House, Huntingdon, Pennsylvania]

Notes of interest:
Irvin's will mentions each son by their middle name.  In the Final Account, three of the sons are referred to my their first and middle name initials with W.A. signing as William A. Johnston.  Howard is Henry Howard Johnston.

In the time between the will and the final account, Molley Johnston became Mary M. Baumgardner.

Why did William A. Johnston sign the Final Accounting for himself and two of his brothers?  I found all three brothers and their families living in El Paso, Woodford Co, Illinois in the 1880 U. S. Federal Census.

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