Monday, October 18, 2010

Amanuensis Monday: Eliza M. Johnston - Last Will & Testament


Amanuensis Monday – Eliza M. Johnston Last Will & Testament

Elizabeth Mariah London Johnston
Born:  9 Mar 1834 Luzerne Co, PA
Died:  8 Jun 1914 Clearfield Co, PA
Buried:  Rumbarger Cemetery Find-A-Gave
Father:  Truman Beaman London
Mother:  Sally Maria Slawson
*******
I, Eliza M. Johnston, of Du Bois, Pennsylvania, being of sound mind, memory and understanding, do make, publish an declare the following to be my last will testament, hereby revoking all former wills by me at any time heretofore made.

First, I direct that all my just debts and funeral expenses be paid and discharged as soon after my decease as may be.

Second, All of my estate, real, personal and mired, of whatsoever nature and wheresoever situate, I give, devise and bequeath, share and share alike, unto my ten children: Mary M. Winslow, Susan C. Weaver, James K. Johnston, David C. Johnston, George McClelland Johnston, William T. Johnston, John A. Johnston, Eva Eliza Lenkerd, Joseph S. Johnston, Charles L. Johnston, and the heirs of my daughter Nancy Johnston Taylor, to wit: - Grover J. Taylor, Bessie Kauffman and Freda Steinmetz, who shall together have one share thereof, or the one-eleventh part.

Third, I nominate and appoint my sons, Charles L. Johnston and Joseph S. Johnston, to be the executors of this my last will and testament, and direct that they shall sell my real estate within three years from the date of my death, at public or private sale and at such price or prices as t them shall seem just and right, and make good and sufficient deeds of conveyance therefor, and divide the proceeds thereof as specified in the second item hereof.

                In witness whereof I have hereunto set my hand and seal this 2nd day of July 1909. 

                                                                         Eliza M. Johnston (signature)(seal)

                Signed, sealed, published and declared by the above-named Eliza M. Johnston, as and for her last will and testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses thereto.

                                                                            Wm. G. Jones (witness)
                                                                            C. P. Hayward (witness
******

Eliza died in June of 1914, but the final accounting was not filed with the Court until April of 1921, nearly seven  (7) years later.  The sale of her real estate did not occur until January 1921 although her will directed it to be sold within three years of her death.  The debits to the estate including the sale of real estate were:
  1. Cash on hand - $90.00
  2. Cash in Deposit Nat. Bank of Du Bois, Pa - 732.00
  3. Notes & Int. of Chas. L. Johnston & Susan C. Beard & J.S.Winslow  - 1705.74
  4. Cash in First Nat. Bank of Reynoldsville, Pa -  732.32
  5. Cash rec'd from sale of properties as dir. by will - 3100.00
  6. Cash sale of stock Reynoldsville Water Co. - 40.60
  7. Cash, net rentals after deducting expenses  - 551.38
Total $6952.04
******

The estate expenses including payments to the undertaker ($201.50), tombstone ($115.00) county recorder, cemetery sexton, legal services, medical services and miscellaneous came to $447.50.
******

Payments to heirs on 15 Jan 1921:  Charles L and Joseph Johnston each received $740.52 as their one-tenth share of the estate plus commission as co-executor.  Siblings James, David, George, William and John Johnston, Susan Weaver Beard, and Mrs. J. O. (Eva Eliza) Lenkerd each received $558.48 as their one-tenth share.  Daughter Mary Johnston Winslow died in Jun of 1914 and her children, Bruce, James, William & Merton Winslow, Eva Van Why and Ella Yates each received $93.08.  The children of daughter Nancy Johnston Taylor, Bessie Taylor Hoffman, Grover Taylor and Freda Taylor Steinmetz each received $184.04.

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