Will Book 23, Pages 569-571
In the name of God Amen, I Charles H.Ogburn being of sound mind and disposing memory, do make this my last will and testament, hereby revoking all other wills heretofore by me made.
Item 1st. I loan to my wife Jane M. Ogburn my Mansion house and Three hundred acres of land adjacent thereto for and during her natural life or widowhood, I also give her in fee simple her wardrobe, wash stand, bed stead, bed and furniture that she now uses, and, carriage & harness, and with this provision I hope she will be satisfied.
Item 2nd. As I have given to my son John F. Ogburn land and other property, and do give him all debts due me by him, which in my judgment amounts to as much or more than I am able to give my other children, I hope he will be satisfied.
Item 3rd. As I have given to my son Benj.W.Ogburn money and other property amounting to thirty three hundred dollars, and do hereby give him the balance of an Execution now of record in my county, which balance shall be ascertained by taking from said Execution the sum of Three Hundred dollars as hereinafter disposed of, and said balance of said Execution shall not be subject to any debt which he the said Benj W. Ogburn now, or hereafter owe, or invested in land by me or himself, with this I hope he will be satisfied.
Item 4th. As I have given my son Charles W. Ogburn three hundred and eight acres of land and some other property, and do hereby give him Ten acres of land lying south of his house, line to run from my line on the west to John Piercy's line on the East, and also give him Ten acres of land lying north of his house, line to run from his gate near Spring Straight with his line to Crowdin line North, and do also give him one hundred dollars it being a part an Execution in my favor obtained against Benj W. Ogburn, as made mention of in Item 3 with this I hope will be satisfied.
Item 5th. As I have given to my daughter Sarah Hite money and other property not recollected as to amount, and do hereby give her the sum of One hundred dollars, it being a part of an Execution obtained in my favor against Benj W. Ogburn, as made mention of in Item 3. And do also give her the said Sarah Hite the amount of all debts due me by her husband if any. And with this I hope she will be satisfied.
Item 6th. As I have given to my son in law J. W. Palmer Three hundred and seventy five acres of land, and do hereby give him fifteen acres of land adjoining his tract, line to run from my old line as the road runs to E. A. Drumwrights line, or one hundred dollars instead thereof as my three youngest sons may prefer, I do also hereby give my daughter Fannie Palmer wife of JC W. Palmer the sum of One hundred dollars it being part of an execution in my favor against B. W. Ogburn as made mention of in Item 3. And with this I hope they will be satisfied.
Item 7th. I give to my three E. C. Ogburn, A. C. Ogburn & Rich E. Ogburn the balance of my land not disposed of (save one acre to be reserved and set apart as a place of interment for my family) to wit to E. C. Ogburn the place he now occupys (known as my former residence) to A. C. Ogburn the place he now occupys adjoining the lands of John Piercy dec'd & C. W. Ogburn, and to Rich'd E. Ogburn the place he now occupys known as Pine Creek & a part of Daly's old tract, these lands to be equally divided between the three parties named in this Item as near as can be as to valuation. But should either of them erect any buildings upon the land which either of them now occupy at his own expense such building shall not be included in the valuation of said lands when divided between the parties aforesaid, I also give to my three sons E. C. Ogburn, A. C. Ogburn & Rich'd E. Ogburn at the death or marriage of my wife Jane M. Ogburn the mansion house and Three hundred acres of land loaned my said wife during her natural life or widowhood.
Item, 8th.a The residue of my Estate I desire to be equally divided between my four children, to wit Fannie Palmer, Edwin~1 C. Ogburn, Alpheus C. Ogburn and Rich'd E. Ogburn.
Item 9th. I hereby constitute and appoint my three sons Benj Ogburn Edwin C. Ogburn and Alpheus Ogburn Executors to this my last Will & Testament and desire that they shall not be required to give bond with security as to their sufficiency.
In testimony whereof I have set my hand and seal this 11th day July (l874) Eighteen Hundred and Seventy four in presence of
Chs H. Ogburn (Seal)
John J. Warren
Mecklenburg County Court July 16th 1877.
The last Will and Testament of Chs H. Ogburn late of this County deceased was this day presented to the Court and fully proved by the oath of Samuel Dortch and E. M. Pallitto two of the subscribing witnesses thereto and was thereupon ordered to be recorded, and on the motion of Benjamin W. Ogburn, Edwin C. Ogburn and Alpheus Ogburn the Executors named in the said Will,1 who made oath hereto as the law directs and entered into a bond in the penalty of $3,000,00 conditioned according to law, but without security, the will requiring none of them, and which said bond being acknowledged by the obligors therein is ordered to be recorded.
Certificate is granted the said Benjamin W. Ogburn, Edwin C. Ogburn and Alpheus Ogburn for obtaining a probat of the said will in due form.
Teste R. P. Hughes Clerk
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