In the Name of God Amen. I Benjamin Orgain of the county of Montgomery being of sound mind and memory and calling to mind that it is appointed for all men once to die do make and ordain this my last Will and Testament hereby revoking all others heretofore made by me.
Item, My body I surrender to the dust from whence it came to (no "be")buried in a decent Christian like manner at the disontion (?direction or discretion) of my Executors and my soul to the God who gave it. And, as to the worldly good (not "goods") which it has pleased God to bless me with, I dispose of the same in manner and form following (to wit)
Item, I leave all my estate real and personal & mixed subject to the payment of all my just debts.
Item, After the payment of all my just debts my will and desire is that my beloved wife Susan in case she survives during her natural life or widowhood all my estate real, personal or mixed of every kind or quality whatever.
Item, On the death of my beloved wife or on her marriage my will and desire is that my estate be disposed of the manner following, to wit
Item, To my daughter Martha I give and devise one equal share of my estate with the rest of her brothers and sisters.
Item, To my son John I give and devise one equal share of my estate.
Item, To my son Tos. (I believe this was intended to be Thomas abreviated, i.e. Thos.) Orgain I give and devise one equal share of my estate.
Item, To my daughter Bainey (?) wife of Thos. Ramey I give and devise one equal share of my estate.
Item, To my son Upton I give and dvise (devise?) one equal share of my estate.
Item, To my son Wm. D. Orgain I give and devise one equal share of my estate.
Item, To my son Griffin I give and devise one equal share of my estate.
Item, To my son Benjamin I will and devise one equal share of my estate in trust however for the sole and separate use of my daughter Elizabeth wife of John B. Rice free from the control or claim of the said John B. Rice or his creditors and especially for the separate use and benefit of my said daughter Elizabeth that she may receive the benefit and use (can't read next word) of said share for her separate use during her natural life and at her death that the same be divided equally among her children (the preceding wording in italics was crossed through my the clerk in the Will Book and the word "Error" was written above each line. Then the will continues without correction) during her natural life my desire being that my son Benjamin shall so dispose of the share thus allotted to my said daughter Elizabeth that she may receive the benefit and use furst (?) of said share for her separate use during her natural life and at her death that the same be divided equally among her children as she my have living at the time of her death.
Item, To my friend (note: the word "son" was first used then crossed out with the word "friend" being inserted above the line) Sam Edmondson I bequeath and devise one share of my estate in trust however for the use and benefit of my son Benjamin according to the declaration of said trust herein set forth, that is to say.
My friend Sam Edmondson shall keep and hold the said share for my said son Benjamin's use so that he, my said son Benjamin, shall receive the profits of said share from year to year during his natural life and at his death the same to go and be divided among such child or children as my said son Benjamin may have living a the time of his death and, default of child or children, then to such person or persons as my said son Benjamin may direct by last Will and Testament and in default of my said son Benjamin making such last Will and Testament then the same to be equally divided among the brothers and sisters of the said Benjamin their child or children in case any of them be dead at the decease of my said son Benjamin.
Item, In case of the death of any of my said children in my lifetime, then the shares of my estate thereby alloted to them to go and be divided among their children as they may have living at the time of my death but if they who may die leave no child or children then the same to go to the survivor or survivors of my said children herein spoken of. The shares of my daughter Elizabeth & my son Benjamin to go in trust as is directed concerning the primary shares left them.
Item, I appoint my friend and relation Samuel Edmonson (as written) executor of this my last Will and Testament.
Benjamin Orgain (seal)
Signed, sealed & acknowledged
In the presence of us
Orval A. Allen
T A B t CiACe (I have no idea)
John R. Baimey (Probably Raimey)
Proved in open court
Oct. Term 1839
It appears that the witnesses actually signed the Will Book page because of the different handwriting of each signature.
Tried to retain original spelling and wording but have added some punctuation
and paragraph structure to aid in reading.
Submitted by Russ James
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