OGDEN v. OGDEN. 285

first of May, 1817, Amos Ogden bound himself, by a bond, to dis-
tribute most of his personal property among Amos Ogden of Stephen,
Nancy Ogden, and Sarah Burket. Under these circumstances, on
the 22d of May, 1817, he wrote a letter to his brother Benjamin
Ogden, the father of John W. Ogden, of which the following extract
is all that is material to this case:—
" DEAR BROTHER—

" With joy, on the 17th of April last, I received your favour by
your son Capt. John W. Ogden, together with my land papers on
Phillips, and have to regret, that I have been compelled in giving
you so much trouble in the arrangement of my business. But mean
to compensate, if giving the largest part of that land will compen-
sate, to your children. I shall deed to your daughter Mary T.
Harpenden, and your son Stephen T. Ogden, two hundred acres
each, and the remainder to your son John W. Ogden, and his
expected spouse Nancy Ogden of our dear brother Stephen, as joint
tenants, and to the survivor in fee simple for ever. I have got to
inform you, and my loving sister Nancy Ogden, your dear wife,
that my dear adopted daughter Nancy Ogden of Stephen, and your
son John W. Ogden, is expected to be married some time between
this and next spring, as will best suit his return to Maryland,
I can tell you, my dear brother, (though my heart bleeds at the
idea of her leaving me forlorn of any child to comfort me in my
advanced age of life,) I rejoice to think, that she is agoing to be
connected to so worthy a man as your son; and I have no doubt
but that the Lord will bless them in their affections. She has lived
with me nearly ten years, and has conducted herself in such an
amiable manner, that both at home and abroad she is beloved.
As to the things of this world, I shall bestow on her, at her parting
with me, about six thousand dollars worth of real and personal
property; and at my death, if blessed by Divine Providence, at
least as much more. You and I do not agree as to the real value
of the land in the Big-bend; I should be loth to convey that land
to a stranger for less than ten dollars per acre. You will recollect,
brother, that there is a great many people in Europe, and as soon
as opportunity will admit, will emigrate to America."

This letter was endorsed in the same handwriting, thus:—
a Copy sent Benj. Ogden."

Amos Ogden, on the 27th of May, 1817, a few days orfy aftet
he had written this letter to his brother, made his will which,
among other things, he says:— "And whereas it is agreed and