Last Will and Testament of Benjamin E. Orgain
Will Book P, Pg. 709 Montgomery Co. TN Archives
May Term 1865
I, Benjamin E. Orgain, do make and publish this as my last Will and testament. First I desire that my funeral expenses and all of my just debts be paid as soon after my death as possible out of any money I may die possessed of or may first come to the hands of my executor by be debts due me or the sale of property of which I may die possessed or which may arise from the fund & property conveyed in trust to Sam'l Edmondson by Benjamin Orgain in his last will for my benefit all of which I direct shall be appropriated if necessary for the above purpose.
Secondly, I give and bequeath to Minerva Orgain Orgain (last name repeated), Benjamin (middle initial could be a "D" a "B" or just a "squiggle") Orgain, Wm. H. Orgain, Malisa Orgain, children of my brother, Thos. Orgain, together with any child or children my brother, Thos. Orgain, may have living at the time of my death, all the ballances of my estate real, personal or mixed of which I may die seized and possessed. Also, any fund or interest that may be in the hands or possession of Sam'l Edmondson by virtue of the Will of my father, Benjamin Orgain, dec'd. To be equally divided among the children of my said brother, Thos. Orgain, then living at the time of my death and should either of said children die before they attain the age of twenty-one years then the share of that child to be equally divided among the survivor or survivors unless said child dying leaves issue in that case the child or children to have the share its or their parent.
Thirdly, because my brother Thomas will have the raising and educating of his s'd (said) children, it is my will and desire that he retain and keep possession of the property above given to his children and that he have the rents and proffits of the same for that purpose and should any person at any time attempt to take the the (repeated word or maybe "s'd") rents and proffits from being applied to the raising and educating said children then I direct that my executor, Wm. Edmondson, who I appoint trustee for said children, shall receive said rents and proffits and apply them to the use of s'd children as herein before denoted to wit for the raising and educating of said children.
Fourthly, It is my will and desire that as said children of my brother Thomas shall attain the age of twenty-one they shall receive their proportion of the property before given which portion shall be set apart to them by my executors herein after appointed and the balance of said property to remain with my brother, Thomas, as before directed.
Lastly, I appoint my brother, Thomas Orgain, and my cousin, Wm. Edmondson, my executors t this my Will and they shall not be required to give security for these performances of their duties as such, and I do hereby revoke all other wills by me at any time heretofore made. I witness where of I do to this my will set my hand and seal this 6th day of Nov. 1844 NB (?) the words (be paid) interlined before signed (this phrase "be paid" in section one was apparently inadvertently left out in the original copy but inserted above the line where it should have been placed, thus this clarification was written in the last section of the will. Today we would have just initialed the correction)
B. E. Orgain (seal)
Signed sealed and published in
Our presence and we have subscribed
Our names hereto in presence of testator
On the day and date before written
N. (?) H. Allen
Jas. D. Harrison
P. (?) T. Hinton
Tried to retain original spelling and wording but have added some punctuation and paragraph structure to aid in reading.
It is possible that I am reading a capital "N" that really is a capital
"A" (i.e. maybe AD vs NB and A. H. ALLEN vs. N. H. ALLEN)
Submitted by Russ James
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