Posted By:Candace Smothers
Subject:Mathew Ozburn I 's Will ( Matthew Osborn, Osborne, Osbourn, Osbourne, Ozborn)
Post Date:February 11, 2006 at 13:20:01
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Forum:Sussex County, DE Genealogy Forum
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Mathew Ozburn I 's Will ( Matthew Osborn, Osborne, Osbourn, Osbourne, Ozborn)
Posted by: Candace Smothers (ID *****6791) Date: February 11, 2006 at 12:39:37
of 3294

Calendar of Sussex County Delaware Probate Records
1680-1800 compiled by Leon deValinger, Jr. State Archivist
Published by the Public Archives Commission State of Delaware Dover, 1964
Pages 44 & 45
Ozburn, Mathew. Yeoman. Will (copy). Made Dec. 10, 1733.
Heirs: wife Mary Ozburn; sons Mathew, Thomas and Henry Ozburn; dau. Mary Hand; grandsons Jonathan Ozburn, Samuel Ozburn (son of son Mathew); granddau. Mary Ozburn. Exec'rs, sons Thomas and Henry Ozburn. Wits., John Brice, Benjamin May, Frances Dunnarant. Prob. April 2, 1738. Arch. vol. A92, page 32. Reg. of Wills, Liber A, folios 295-297.

The Last Will and Testament of Mathew Ozbun I

In the name of God Amen. This tenth day of December in the year of our Lord God 17~3, I, Mathew Ozbun, Sr., of the County of Sussex upon Delaware. Yeoman, being by the mercy of God arrived at old age calling to mind the mortality and knowing that it is appointed for all men once to die and being now by the goodness of God in perfect health and memory, blessed be God therefore, do make and ordain this my last will and testament, that is to say principally and first of all, I give and bequeath my soul into the hands of God that gave it and for my body I commend it to the earth to be buried in a Christian-like and decent manner at the discretion of my Executors, nothing doubting but at the General Resurrection I shall receive the same again by the mighty Power of God and as touching such worldly Estate wherewith it hath pleased God to bless me in this life, I give, devise and dispose of the same in the following manner and form:

1st. I give onto my well-beloved wife Mary, a comfortable and decent living during her natural life out of my Estate, to be allowed her by my two sons Thomas and Henry Ozbun.

2nd. I give unto my son Mathew Ozbun that part of my land where he now dwells, to begin at the deep valley, near the going over the branch called the Round Pole Branch, and so upon a square into the main County road where it now goeth and along that same road until it cometh to the branch again and then bounded by the branch upon the first valley before mentioned, which I give to him during his natural life and to his son, Samuel Ozbun after his decease.

3rd.. I give to my sons Thomas and Henry Ozbun, Two Hundred Acres of land where my house now stands and my Plantation, to be equally divided between them as they can agree between themselves and I likewise constitute, make, and ordain my two sons, Thomas and Henry, to be my only and sole Executors of this my last Will and Testament.

4th. I give unto my daughter, Mary Hand, one half of my land lying above the County road to have that part next the Round Pole Branch where the timber now lieth, which I give to her with liberty to sell or dispose of it as she shall think fitting only that if she shall have a mind to sell the same, she shall give her brothers the first refusal of it if they or any of them will give as much as another for it.

5th. I give unto my grandson, Jonathan Ozbun, the other half of my land lying above the County Road joining upon the Mill Branch, but if he die before he cometh to the age of twenty-one years, then that land to pass to his sister, Mary Ozbun, and I do hereby utterly disallow, revoke and disannull all and every other former testament, wills and legacies, bequests and Executors, made by me anyways before this time named will and bequeathed, ratifying and confirming this and no other, to be my last Will and Testament. In witness whereof I have see my hand and seal the day and year written above.
Signed, Sealed, Published.

Mathew Ozbun


Pronounced and declared by the said Mathew Ozbun as his last will and testament in the presence of us, subscribers,

John Brice

Benjamin Mory

Frances O. Dunavant

Sussex Memoranda - On this 5th day of April, 1738, the above John Brice and Benjamin Mory, two of the witnesses to the above will subscribing, appeared before me, Jacob Kollock, Dep. Register, appointed for the Probate of Wills and granting letters of Administration for the County of Sussex aforesaid, and Benjamin Mory, being one of the people called Quakers who for conscience sake cannot take an oath, on his Solemn Affirmation according to law, and the said John Brice, being sworn of the Holy Evangelists of Almighty Cod, did severally say upon respective oath and solemn affirmation that in their sight, presence and hearing, the Testator, Mathew Ozbun, Sign Seal , Publish, Pronounce and Declare, the above written to be his last Will and Testament and at the doing thereof the said Testator was of a sound and perfect disposing Mind, Memory and Judgment, and also that they saw Frances Dunavant sign with them as evidence to the same.
Test., Jacob Killock, Dep. Register.
Sussex County State of Delaware

I do certify the within to be a copy of the original last Will and Probate of Mathew Ozbun, late of Sussex County, deceased, remaining of record in the registers office for the County aforesaid, in Testimony whereof I have hereunto set my hand and affixed my seal of office at Georgetown in the County aforesaid, this Seventeenth day of May, in the year of our Lord One Thousand Seven Hundred Ninety-nine, (1799).
George Hazzard, Register

A Certified Copy of the last Will and Probate of Mathew Ozbun.

Copying and C 1 Vants
Stamp Paper 50 Postage 40

{Candy's note:
the following should be noted as the source of the Will
Arch. vol. A92, page 32. Reg. of Wills, Liber A, folios 295-297}
[The Baily's note
Adapted from "Mathew Osborn and His Family" by Frederic Verne Osborn]

{Candy Smothers Adapted from:} The Baily's Roots
by Nathan Osborn Maxwell Baily and Gloryann O'Callaghan Harrington Baily

[The Baily's notes on the introduction page of their web site
The Osborns descend from Mathew Osborn (Ozbun) I who arrived in Sussex County, Delaware, in 1682 as a stowaway - very interesting and endearing story!]
{Candy's note: they must not have the information on Matthew Osborn I living in Accomack Co. Va before going to Delaware. He was declared age 11 on Feb 7, 1672/72 by the court, for the purpose of determining how long he would have to serve as an endentured servant. Capt. Daniel Jennifer was a local Militia Captain, he presented Mathew Osburn to the court. It was the coustom in Virginia for servants to serve till the age of 24; therefore it was necessary to know the age of a person to determine how many years they would serve. To my knowledge no one has found reference to Matthew being brought over by Capt. Daniel Jennifer or any one else. Althought Capt. Jennifer as well as other land owners in the area did bring over settlers and were rewarded with land for doing so, as I understand.
The information on Matthew in Virginia was given to me in a book called Mathew The Early Years by Richard Osborn. I lost Richard's e-mail address when my computer crashed if anyone knows it please ask him to contact me. My e-mail & address have changed since we corresponded.
Enjoy the information!

God Bless You
Candy Smothers