Benjamin OSBORN-827

• Born: 17 Jun 1695 Baltimore Co.,MD[1]
• Died: ca Jan 1760 Baltimore Co.,MD[2]
• Father: William OSBORN-823
• Mother: Margaret-2443
• Refs: [Some Maryland Will and Estate Records]

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Marr: [1]

Sarah-838

Children[1]

1. Susanna OSBORN-839 ;Born: 6 Jun 1716 Baltimore Co.,MD[1]
   Marr: 26 Jan 1735 Baltimore Co.,MD[1] John WEST-850
2. Margaret OSBORN-840 ;Born: 10 Mar 1717 Baltimore Co.,MD[1] ;Died: 15 Oct 1719 Baltimore Co.,MD[1]
3. William OSBORN-841 ;Born: 17 Jul 1719 Baltimore Co.,MD[1]
   Marr: 18 Jun 1745 Baltimore Co.,MD[1] Margaret LYALL-1666
   [1790 SC Census]
4. Hannah OSBORN-842 ;Born: 14 Oct 1721 Baltimore Co.,MD[1]
   Marr: 24 Dec 1742 Baltimore Co.,MD[1] Thomas MITCHELL-851
5. Benjamin OSBORN-843 ;Born: 26 Jun 1726 Baltimore Co.,MD[1]
   Marr: [3] Rebecca HAWKINS-6555
6. Margaret OSBORN-844 ;Born: 15 Mar 1727 Baltimore Co.,MD[1]
   Marr: 27 Dec 1748 Baltimore Co.,MD[1] Joseph BAILEY-852
7. James OSBORN-845 ;Born: 25 Mar 1730 Baltimore Co.,MD[1]
8. Thomas OSBORN-846 ;Born: 10 Apr 1732 Baltimore Co.,MD[1] ;Died: aft 1803 Scott Co.,KY[4]
   Marr: 3 Aug 1751 Baltimore Co.,MD[1,5] Elizabeth SIMPSON-853
   [1800 SC Census], [1790 SC Census]
9. Sarah OSBORN-847 ;Born: 1 Aug 1734 Baltimore Co.,MD[1]
   Marr: 11 Jun 1751 Baltimore Co.,MD[1] William MITCHELL-855
10. Jacob OSBORN-848 ;Born: 3 Sep 1736 Baltimore Co.,MD[1]
    Marr: 24 Feb 1758 Baltimore Co.,MD[1] Sarah FOWLER-856
11. John OSBORN-849 ;Born: 15 Jul 1739 Baltimore Co.,MD[1] ;Died: ca 21 Jan 1777 Harford Co.,MD[7]
    Marr: [6] Ann-1680

Comments

Why did Barnes mis-attribute the will to Benjamin Osborn-827's son Benjamin Osborn-843? Well, there's a very curious statement in the will -- "I Give and bequeth to my well beloved Son, John Ozborn all my Real Estate in Lands to him & his heirs for ever Lawfully begotten of his body ye said John Ozborn my youngest Son being mentioned the Tracts Robinhood forrest fifty Acres betell reserve forty Acres and Drisdell fifty five the said John Ozborn is not to Inherit the said till after my decease without the said Benjamin Ozborn my father is willing ...".

This statement would indicate that person whose will it was had a father whose name was Benjamin -- and the only Benjamin Osborn around whose father was also named Benjamin is Benjamin Osborn-843.

The truth is that the will was written incorrectly. See the full text of the will. What you need to notice is that the word "said" is used in reference to "Benjamin Ozborn my father" -- which indicates a previous reference to the same person. Unfortunately, there is no previous reference in the will to any person who would be father of the testator. The only Benjamin previously mentioned is the Benjamin whose will it is, i.e. "I, Benjamin Ozborn of Baltimore County ...". So what is the meaning to that curious statement?

The solution is to determine who the "son John" is. If we know who the "son John" is, then we can determine who Benjamin the testator is. And the way to determine who "son John" is is to find out what happened to the land mentioned in the will. Well, the "Robinhood forrest" land shows up in the will of Amos Osborn-1683 (Harford Co., MD Will Book T.S.B. 5, page 211) who was born in 1766 and died in 1841. From the census of Harford Co., MD taken in 1776, we know that this Amos was the son of John Orsburn, age 36, who was enumerated in Susquehannah Hundred. This would be a John Osborn born about 1740. The only John Osborn born about 1740 in Baltimore Co., MD is John Osborn-849 born 15 Jul 1739 and the son of Benjamin Osborn-827.

OK, we have proved that the will belongs to Benjamin Osborn-827, but then ... Benjamin Osborn-827's father was a William Osborn, not a Benjamin Osborn. Huh? Well, remember that the "said Benjamin Ozborn my father" has to refer back to a person previously mentioned. The only Benjamin Ozborn previously mentioned is the testator, Benjamin Ozborn-827. It seems that the "said Benjamin Osborn" is correct -- what is incorrect is the "my father" part! The ultimate answer here is that the will was penned by one of Benjamin Osborn-827's children. Benjamin Osborn-827 signed the letter with the letter "B" as mark so clearly didn't write at all or didn't write well. It is unlikely a lawyer would have made that kind of mistake in writing the will. A child of Benjamin could make the mistake of slipping from the testator's point-of-view to his own point-of-view.

Well, I think that it is proven by following the land whose will this was. It is a theory of mine that the will was written by one of Benjamin Osborn-827's children. In fact I would guess son John Osborn-849. I do have a photocopy of the original will and hope sometime to find a sample of John Osborn-849's handwriting to verify the theory.

Notes:

1. St. George's Parish Register, Baltimore Co., MD
2. Will of Benjamin Osborn-827; Baltimore Co., MD Will Book 2/277
3. Letters by James Ozburn-6556
4. Elijah Hackleman Scrapbook
5. Elijah Hackleman Scrapbook gives wife's name as Mary and marriage in 1753
6. 1776 Harford Co., MD Census
7. "Heirs and Legatees of Harford Co., MD, 1774-1802", p7, Henry C. Peden