August 11, 1823, Highland County, Ohio
I James Johnson Senn of Leesburg Highland County and State of Ohio, Being
weak in body but sound mind and memory do make and ordain this my last Will and
Testament in manner and form as followeth, viz,
To my eldest son Moorman Johnson I give one dollar to him and his heirs forever,
having already given him a childs part.
2ly If rights are ever obtained by me or my heirs for the Lands I purchased of
Nathaniel Pope and Walter Dun on which Lands I laid out the Town of Leesburg my
will and desire is that my son Christopher Johnson have two out Lots in said
Town of Leesburg NO38039 to him and his heirs for ever.
3ly I give to my son John Johnson one dollar to him and his heirs forever having
done for him as for my two first sons.
4ly I give and bequeath to my son Joseph Johnson and his heirs four hundred
dollars, to be raised out of the sails of the Lots in the Town of Leesburg if
rights are obtained for the same as above, Provided, he pay his equal expense
with my other children in a lawsuit I have now pending and undetermined in the
Supreme Court of Highland against Nathaniel Pope and others, and if not his
expenses to be taken out of the four hundred dollars.
5ly I give to my other three sons namely James A Johnson, Jesse Johnson, and
Anthony Johnson, one hundred acres of Land cash where on they now live as each
ones bounds marked off, it being part of the above purchase that I made of POPE
if rights are obtained to them and their heirs forever.
6thly I give to my daughters Rachel Lupton wife of Allen Lupton one in Lot in
the Town of Leesburg No to her and her heirs forever.
7thly I give my daughter Penelope Burgess wife of Joseph Burgess one in Lot in
said Town No to her and her heirs for ever with the above proviso.
8thly I give to my James A Johnson and my single daughters namely Elizabeth,
Sarah, Judith, and Agnes Johnsons, my mill seat on Leesburg adjoining the land
of David Lupton, together with fourteen acres and 25 paler of Land, the
boundaries of which land are marked to them and their heirs forever.
9thly I lend to my above named single daughters all my tract of Land lying and
being North of the North alley of the Town of Leesburg and adjoining said Town
including the manjion house and farm where I now live, supposed to be about
seventy acres, together with all my personal property that I may not otherwise
dispose of.
I say I leave the above property to my above named single daughters, for their
support use and accommodations as long as they may live single. As soon as
either of them marry I give them one feather bed and furniture one cow and calf
and other house hold articles to the amount of one hundred dollars worth. They
then relinquish their right and claim to said premises, during the lives of
those of my daughters who may live Single, and of the marriage or death of all
my single daughters, it is my will that the said land together with the personal
property that I lend them be equally divided amongst my existing daughters that
have married or may marry or their heirs by said or otherwise provided rights
are obtained as above.
10thly And provided no rights can be obtained to the Lands, I give and lend to
my Children my will is: That after all of my debts and other expenses are paid
that my estate be equally divided amongst my children after making those that I
have give nothing to equal with them that I have given all but my three Eldest
sons Moorman Christopher and John as I have given them their full part.
11thly If the above suit against Pope and others is not determined in my life
time My will is that my Executors hereafter named may prudently and effectually
prosecute the same as circumstances may require, and the expenses accruing on
the same that I should of had to of paid, to pay out of my estate before any
division of said Estate provided no rights are obtained for my lands and if
rights are obtained then each one pay their equal proportion of said expenses
out of the property I give and lend them or otherwise.
12thly And further if rights are obtained that my Executors be vested with power
to sell all the unsold Lots in the Town of Leesburg excepting those that I have
given to my children and convey rights to the same also convey rights and ___ to
all the Lot that I have sold in said Town and that my Executors be personally
compensated for all then troubles.
And lastly I hereby const___ and appoint my son James A Johnson and Samuel
Terrell Executors of this my last Will and Testament hereby revoking all others
and former Wills and Testaments herefore by me made in testimony of which I have
hereunto set my hand and seal the 11th of the eighth month in of Lord AD one
thousand eight and twenty three.
Witnessed present
JOHN BURGESS
____ BARRTLEY JUNIOR
BENNETT ________
signed JAMES JOHNSON seal
Common Pleas Court of Highland County, Ohio 1805-1860 pg.113
David Terrell vs Nathaniel Pope, James Johnson, both of Highland County,
Soloman, Jonathan, Allen, Isaac, William, Davis, and Mahlon Lupton, Elizabeth
McPherson formerly Lupton, Grace Pope formerly Lupton, Mary Lupton, Isaac and
Mahlon Lupton, being heirs under the age of twenty-one years: James, Thomas and
Mildred Barlow, Frankey Shepard formerly Barlow, Betsey W West late barlow.
Sindy Sutton late Barlow, Nancy, Mariah, Henry A, Odency and America L Barlow;
Thomas, Henry, John, William and James Land, Mildred Rentfro formerly Land,
Judith Rentfro formerly Land, Nancy and Elizabeth Land. (Filed June 13, 1816).
Plaintiff alleges that on December 5, 1805 he purchased from William Lupton,
Nathaniel Pope, and James Johnson 528 1/2 acres on the waters of Lee's Creek.
Previous to their contract, Lupton, Pope and Johnson had contracted to buy from
William Barlow 1000 acres, of which the 528 1/2 was a part. Barlow died
intestate on August 24, 1807, without making a conveyance of the 1000 acres,
leaving James and Thomas Barlow, Frankey, formerly Barlow, now wife of Samuel
Shepard, Betsey W, formerly Barlow, now wife of Benoni West, Sindy, formerly
Barlow, now wife of William Sutton, Nancy, Henry A, Odency and America L Barlow,
Thomas, Henry, John, William and James Land. Mildred Rentfro, formerly Land, now
wife of Joseph Rentfro, Judith, formerly Land, now wife of Hector Rentfro
Junior, Nancy and Elizabeth Land. The said William Land has died leaving one
child by the name of William. The said James Barlow is a resident of Louisiana,
and all the other heirs of William Barlow are residents of Kentucky. Nancy,
mariah, Henry A, Odency and America L Barlow and Elizabeth and William Land are
minors under 21 years of age. William Lupton died intestate without making any
provisions for the conveyance of said land, leaving the following heirs: Soloman,
Jonathan, Allen, Issac, William, Davis and Mahlon Lupton, Elizabeth, formerly
Lupton, now wife of Isaac McPherson, Lydia, formerly Lupton, now wife of
Jonathan Sanders, Grace, formerly Lupton, wife of William Pope, and Mary Lupton.
Isaac and Mahlon Lupton, are minors under 21 years of age (record B page 192)
