OGDEN v. OGDEN.

1, that my nephew John Wesley Ogden of Benjamin, and
my niece Nancy Ogden of Stephen, will be married to each other
some time early this ensuing winter; therefore I give unto them
the said John Wesley Ogden and Nancy Ogden, as joint tenants
and to the survivor in fee simple, seven hundred acres of land in
the State of Kentucky, it being a part of a tract of land, that I
purchased from a certain Philip Phillips, out of his twenty-two
thousand one hundred and seventy, on the north side of Green
River, and to begin at the upper corner of said survey," &c. "I also
give to them the said John Wesley Ogden and Nancy Ogden, as joint
tenants and to the survivor in fee simple for ever, part of a tract of
land lying and being in Baltimore county, and known by Taylor's
Purchase, it being part of that part of Taylor's Purchase that I
bought of the real estate of William Lux, and was deeded to me
by Samuel Moale, Esqr. as trustee by order of the Honourable Chan-
cellor, and to be strictly included within the following metes and
bounds, courses and distances," &c. " But it is to be understood,
and so my will is, that the said John Wesley Ogden and Nancy
Ogden, shall not be entitled to the said part of Taylor's Purchase,
except they shall pay, or cause to be paid, such debts or balances
of such debts, and to such persons as I shall charge against her
the said Nancy Ogden, and only charged and credited on the pages
of this my will, and that in my own handwriting," &c. "And whereas
I have had many services from Amos Ogden and Nancy Ogden and
Sarah Burket, and to secure them in part for such services, I have
given to them my bond for the conveyance of all my personal
property as hereto annexed, and dated 1817," &c.

The marriage of John W. Ogden and Nancy Ogden was solem-
nized on the 25th of December, 1817, and they lived with their
uncle until his death, which happened on the 10th of February
following, without his having altered or revoked the will he had so
made and published. The original letter of the 22d of May was
received by Benjamin Ogden, to whom it was directed; and was
sent by him to John W. Ogden, but miscarried, and has been lost.
The copy now produced was seen in the hands of John W. Ogden
as early as the month of August previous to his marriage; but how
he obtained possession of it does not appear; it has been however
proved to be an exact copy, and altogether in the handwriting of
the late Amos Ogden.

The witnesses speak of the verbal declarations of the late Amos
Ogden of his affection for his niece Nancy; of his intention to give