Ruth, Thanks for the offer of copying the pages on the Hudson's, but Joni and I have them. It is a Deed of Gift (Effingham Co.GA) from Rhoda Daniel to her 4 Hudson children. In the deed, she retains the ownership of her possessions......and only at her death are they to go to her children. (" I wish to keep the use of the said property unto my self and my use during my life") Whoever told John this is a will is mistaken and didn't read the whole deed, which is very long. Also she states in this deed that if she should die, before any of her children coming of age, she will nominate & appoint her trusty friend. Do you have a connection to these Daniel-Hudson's? If so, I would be interested in your line. Being new at the list, am not sure who's family is whose. I 've been trying to catch up, but with the holidays upon us.....not easily done. Judy ----- Original Message ----- From: "Ruth Newlan" <ruthann@saw.net> To: <DANIEL-L@rootsweb.com> Sent: Monday, December 08, 2003 10:57 PM Subject: Re: [DANIEL-L] Rhoda DANIEL-HUDSON > Hi All: > > I'd be glad to go back to the library & copy the pages that relate to the > Hudson's. I'm printing off the e-mails today that related to the Hudson's > to be able to study a little. If I understand Joni - she's saying that > Nathaniel Hudson is not part of the Elbert Co, GA group? I believe just > opposite - that they were from the same families - at least at this point > (it's still early in the game). > > In the book "Early Settlers of Alabama" - there were only a hand full of > Daniel's listed in the index. One of them was a William DANIEL listed on > page 420. > A Grand Jury was called in Wilkes Co, GA on 25 Aug 1779 in the matter of > Joshua Rials who was convicted of high treason along with eight others. > Amongst the witnesses against Rials was Samuel Lamar. > The Grand Jury consisted of the following men: > Esquires. > Stephen Heard, Foreman > George Walton (signer of Dec of Independ.) > David Burnett > Thomas Carter > Richard Aycock > Robert Day > John Gotham > Dionysius Oliver > Gentlemen. > Holman Freeman > Thomas Strand > Micajah Williamson (his dau. married Gen. John Clark (Gov) & son of Gen > Elijah Clark) > James McLean > Jacob Farrington > William Bailey > John Gloss > > Then the following petit jurors were sworn: > Holman Freeman(Col.Freeman's son Fleming Martha sister of Governors Bibb of > AL) > William Butler > John Burness > William Bonier > Henry Duke > James White > Matthew Moore > William DANIEL > Joseph Collins > Jacob McClendon, Jr > Mordecai Moore > Robert Hanna > John Scott Riden > > - Ruth in Portland, OR > ----- Original Message ----- > From: <JOANH954@aol.com> > To: <DANIEL-L@rootsweb.com> > Sent: Monday, December 08, 2003 9:09 PM > Subject: [DANIEL-L] Rhoda DANIEL-HUDSON > > > > John, > > I believe I sent this to the list, but - just in case - here's the deed > > identifying Nathaniel HUDSON as spouse of Rhoda DANIEL and Hamilton HUDSON > as their > > son: > > > > On 01 Dec 1797 William Daniel of Pitt County, NC "in consideration of the > > love good will and affection which I have and bear toward my loving Nephew > > Hamilton Hudson of the State of Georgia in the county of Screven unto > Nathaniel > > Hudson and Roda his wife my sister...for the sum of fifty pounds..one > Negro boy > > the age of twelve years of a yellow colour named Daniel." The deed was > proved > > on the oath of Enoch Daniel Feb 01 1798--Deed Book A, p 112. > > > > If this Rhoda DANIEL is not the daughter of Robert Lanier DANIEL and widow > of > > Robert HUDSON, Jr and sister of William DANIEL in Pitt Co NC what other > Rhoda > > DANIEL with a brother William in Pitt Co and md to a HUDSON in Screven Co > GA > > could she be? Note also that Enoch DANIEL proved the deed. > > Joni. > > > > > > ==== DANIEL Mailing List ==== > > DO NOT FORGET: This is a Genealogical Mailing List and the posting of > messages that do not relate to the DANIEL Family, its collateral families or > those of a historical nature relating to genealogical research -- are not > allowed on this list. > > > > > ==== DANIEL Mailing List ==== > Going on Vacation for longer than 5 days? Please unsubscribe > Click on the following link and your message is ready to send > Mail Mode: > mailto:DANIEL-L-request@rootsweb.com?subject=unsubscribe > or- > Digest Mode: > mailto:DANIEL-D-request@rootsweb.com?subject=unsubscribe >

Judy, Legally, Rhoda's 1791 instrument performs the same function as a LW&T. She states in this instrument she is disposing of all of her property to her four children by Robert HUDSON, Jr but retains for her use a life estate in that property. Legally, it performs same function as a LW&T because it is an irrevocable instrument. The legal owners of all of the property described in this instrument from the time this instrument was executed were her four children by Robert HUDSON, Jr. and no others. In the case of any real property listed in the instrument, she can continue to use it and derive income from it for the rest of her natural life but she could not sell it, encumber it or diminish its value by selling assets from it, like timber, transportable buildings, etc. without the consent of its owners. Unlike her, they could sell their interest in this property and encumber their interest in it before her death but the new owner cannot take possession of this property until after her death. You might say, she was a lady ahead of her time or she had good legal advice on how to protect the interests of her children. People, even today, often do this in their latter years to keep the children from fighting over their estate after their death. Many times, not even this works. <grin> In her case she may have done this to protect the interests of her four children because she was approaching diminished capacity, terminally ill or contemplating a second marriage. As for the marriage part, under GA law at the time, anything a female owned at the time of their marriage, became the legal property of the new husband. Regardless, if she had already married Nathaniel HUDSON, as some claim, she could not have executed this instrument because any property she owned before her marriage to Nathaniel became his legal property after the marriage. This part of the law was not changed until 1867 in GA. Also, if she had already married Nathaniel HUDSON by 1791, he would have been the legal owner of all of the real and tangible property listed in this instrument, except for her private personal possessions, and he who would have been the one required to sign any instrument transferring ownership of that property. However, as you will note, his name is no where to be found on this instrument which tells me, Nathaniel HUDSON was not her husband in 1791 when she signed it. Whether he was later, I do not know. As I stated to Joni, if Rhoda married Nathaniel HUDSON after 1791, she was probably too old to have children and any children that some have list for Nathaniel, were probably by his first wife and not Rhoda. My guess, regardless of what the Pitt County, NC deed says, she never married Nathaniel HUDSON but that is just my guess based on the wording of the instrument and the names of the parties to it. I have a question for you -- have you found any instrument signed and executed by Rhoda after this 1791 instrument covering the sale of any real or personal property? If not, this 1791 instrument is her "de facto" LW&T, as I stated, previously. John R. Clarke Thomasville, GA ----- Original Message ----- From: "Judy Garner" <jpast59@strato.net> To: <DANIEL-L@rootsweb.com> Sent: Thursday, December 11, 2003 4:43 PM Subject: Re: [DANIEL-L] Rhoda DANIEL-HUDSON > Ruth, Thanks for the offer of copying the pages on the Hudson's, but Joni > and I have them. It is a Deed of Gift (Effingham Co.GA) from Rhoda Daniel > to her 4 Hudson children. In the deed, she retains the ownership of her > possessions......and only at her death are they to go to her children. (" I > wish to keep the use of the said property unto my self and my use during my > life") Whoever told John this is a will is mistaken and didn't read the > whole deed, which is very long. Also she states in this deed that if she > should die, before any of her children coming of age, she will nominate & > appoint her trusty friend. > Do you have a connection to these Daniel-Hudson's? If so, I would be > interested in your line. Being new at the list, am not sure who's family is > whose. I 've been trying to catch up, but with the holidays upon us.....not > easily done. > Judy > > ----- Original Message ----- > From: "Ruth Newlan" <ruthann@saw.net> > To: <DANIEL-L@rootsweb.com> > Sent: Monday, December 08, 2003 10:57 PM > Subject: Re: [DANIEL-L] Rhoda DANIEL-HUDSON > > > > Hi All: > > > > I'd be glad to go back to the library & copy the pages that relate to the > > Hudson's. I'm printing off the e-mails today that related to the Hudson's > > to be able to study a little. If I understand Joni - she's saying that > > Nathaniel Hudson is not part of the Elbert Co, GA group? I believe just > > opposite - that they were from the same families - at least at this point > > (it's still early in the game). > > > > In the book "Early Settlers of Alabama" - there were only a hand full of > > Daniel's listed in the index. One of them was a William DANIEL listed on > > page 420. > > A Grand Jury was called in Wilkes Co, GA on 25 Aug 1779 in the matter of > > Joshua Rials who was convicted of high treason along with eight others. > > Amongst the witnesses against Rials was Samuel Lamar. > > The Grand Jury consisted of the following men: > > Esquires. > > Stephen Heard, Foreman > > George Walton (signer of Dec of Independ.) > > David Burnett > > Thomas Carter > > Richard Aycock > > Robert Day > > John Gotham > > Dionysius Oliver > > Gentlemen. > > Holman Freeman > > Thomas Strand > > Micajah Williamson (his dau. married Gen. John Clark (Gov) & son of Gen > > Elijah Clark) > > James McLean > > Jacob Farrington > > William Bailey > > John Gloss > > > > Then the following petit jurors were sworn: > > Holman Freeman(Col.Freeman's son Fleming Martha sister of Governors Bibb > of > > AL) > > William Butler > > John Burness > > William Bonier > > Henry Duke > > James White > > Matthew Moore > > William DANIEL > > Joseph Collins > > Jacob McClendon, Jr > > Mordecai Moore > > Robert Hanna > > John Scott Riden > > > > - Ruth in Portland, OR > > ----- Original Message ----- > > From: <JOANH954@aol.com> > > To: <DANIEL-L@rootsweb.com> > > Sent: Monday, December 08, 2003 9:09 PM > > Subject: [DANIEL-L] Rhoda DANIEL-HUDSON > > > > > > > John, > > > I believe I sent this to the list, but - just in case - here's the deed > > > identifying Nathaniel HUDSON as spouse of Rhoda DANIEL and Hamilton > HUDSON > > as their > > > son: > > > > > > On 01 Dec 1797 William Daniel of Pitt County, NC "in consideration of > the > > > love good will and affection which I have and bear toward my loving > Nephew > > > Hamilton Hudson of the State of Georgia in the county of Screven unto > > Nathaniel > > > Hudson and Roda his wife my sister...for the sum of fifty pounds..one > > Negro boy > > > the age of twelve years of a yellow colour named Daniel." The deed was > > proved > > > on the oath of Enoch Daniel Feb 01 1798--Deed Book A, p 112. > > > > > > If this Rhoda DANIEL is not the daughter of Robert Lanier DANIEL and > widow > > of > > > Robert HUDSON, Jr and sister of William DANIEL in Pitt Co NC what other > > Rhoda > > > DANIEL with a brother William in Pitt Co and md to a HUDSON in Screven > Co > > GA > > > could she be? Note also that Enoch DANIEL proved the deed. > > > Joni. > > > > > > > > > ==== DANIEL Mailing List ==== > > > DO NOT FORGET: This is a Genealogical Mailing List and the posting of > > messages that do not relate to the DANIEL Family, its collateral families > or > > those of a historical nature relating to genealogical research -- are not > > allowed on this list. > > > > > > > > > ==== DANIEL Mailing List ==== > > Going on Vacation for longer than 5 days? Please unsubscribe > > Click on the following link and your message is ready to send > > Mail Mode: > > mailto:DANIEL-L-request@rootsweb.com?subject=unsubscribe > > or- > > Digest Mode: > > mailto:DANIEL-D-request@rootsweb.com?subject=unsubscribe > > > > > > ==== DANIEL Mailing List ==== > Going on Vacation for longer than 5 days? Please unsubscribe > Click on the following link and your message is ready to send > Mail Mode: > mailto:DANIEL-L-request@rootsweb.com?subject=unsubscribe > or- > Digest Mode: > mailto:DANIEL-D-request@rootsweb.com?subject=unsubscribe > >

John, I will not swear to it, but I think that you are operating from a faulty premise with the idea that the woman could not own property in her own right. I have seen several wills where land was left to a daughter and the husband was specifically barred from owning or encumbering the property. Jack ----- Original Message ----- From: "John R. Clarke" <jclarke@rose.net> To: <DANIEL-L@rootsweb.com> Sent: Thursday, December 11, 2003 6:13 PM Subject: Re: [DANIEL-L] Rhoda DANIEL-HUDSON > Judy, > Legally, Rhoda's 1791 instrument performs the same function as a LW&T. > She states in this instrument she is disposing of all of her property to her > four children by Robert HUDSON, Jr but retains for her use a life estate in > that property. > Legally, it performs same function as a LW&T because it is an > irrevocable instrument. The legal owners of all of the property described > in this instrument from the time this instrument was executed were her four > children by Robert HUDSON, Jr. and no others. > In the case of any real property listed in the instrument, she can > continue to use it and derive income from it for the rest of her natural > life but she could not sell it, encumber it or diminish its value by selling > assets from it, like timber, transportable buildings, etc. without the > consent of its owners. Unlike her, they could sell their interest in this > property and encumber their interest in it before her death but the new > owner cannot take possession of this property until after her death. > You might say, she was a lady ahead of her time or she had good legal > advice on how to protect the interests of her children. People, even today, > often do this in their latter years to keep the children from fighting over > their estate after their death. Many times, not even this works. <grin> > In her case she may have done this to protect the interests of her four > children because she was approaching diminished capacity, terminally ill or > contemplating a second marriage. As for the marriage part, under GA law at > the time, anything a female owned at the time of their marriage, became the > legal property of the new husband. > Regardless, if she had already married Nathaniel HUDSON, as some claim, > she could not have executed this instrument because any property she owned > before her marriage to Nathaniel became his legal property after the > marriage. This part of the law was not changed until 1867 in GA. > Also, if she had already married Nathaniel HUDSON by 1791, he would have > been the legal owner of all of the real and tangible property listed in this > instrument, except for her private personal possessions, and he who would > have been the one required to sign any instrument transferring ownership of > that property. However, as you will note, his name is no where to be found > on this instrument which tells me, Nathaniel HUDSON was not her husband in > 1791 when she signed it. Whether he was later, I do not know. > As I stated to Joni, if Rhoda married Nathaniel HUDSON after 1791, she > was probably too old to have children and any children that some have list > for Nathaniel, were probably by his first wife and not Rhoda. My guess, > regardless of what the Pitt County, NC deed says, she never married > Nathaniel HUDSON but that is just my guess based on the wording of the > instrument and the names of the parties to it. > I have a question for you -- have you found any instrument signed and > executed by Rhoda after this 1791 instrument covering the sale of any real > or personal property? If not, this 1791 instrument is her "de facto" LW&T, > as I stated, previously. > > John R. Clarke > Thomasville, GA > > ----- Original Message ----- > From: "Judy Garner" <jpast59@strato.net> > To: <DANIEL-L@rootsweb.com> > Sent: Thursday, December 11, 2003 4:43 PM > Subject: Re: [DANIEL-L] Rhoda DANIEL-HUDSON > > > > Ruth, Thanks for the offer of copying the pages on the Hudson's, but Jo ni > > and I have them. It is a Deed of Gift (Effingham Co.GA) from Rhoda > Daniel > > to her 4 Hudson children. In the deed, she retains the ownership of her > > possessions......and only at her death are they to go to her children. (" > I > > wish to keep the use of the said property unto my self and my use during > my > > life") Whoever told John this is a will is mistaken and didn't read the > > whole deed, which is very long. Also she states in this deed that if she > > should die, before any of her children coming of age, she will nominate & > > appoint her trusty friend. > > Do you have a connection to these Daniel-Hudson's? If so, I would be > > interested in your line. Being new at the list, am not sure who's family > is > > whose. I 've been trying to catch up, but with the holidays upon > us.....not > > easily done. > > Judy > > > > ----- Original Message ----- > > From: "Ruth Newlan" <ruthann@saw.net> > > To: <DANIEL-L@rootsweb.com> > > Sent: Monday, December 08, 2003 10:57 PM > > Subject: Re: [DANIEL-L] Rhoda DANIEL-HUDSON > > > > > > > Hi All: > > > > > > I'd be glad to go back to the library & copy the pages that relate to > the > > > Hudson's. I'm printing off the e-mails today that related to the > Hudson's > > > to be able to study a little. If I understand Joni - she's saying that > > > Nathaniel Hudson is not part of the Elbert Co, GA group? I believe just > > > opposite - that they were from the same families - at least at this > point > > > (it's still early in the game). > > > > > > In the book "Early Settlers of Alabama" - there were only a hand full of > > > Daniel's listed in the index. One of them was a William DANIEL listed > on > > > page 420. > > > A Grand Jury was called in Wilkes Co, GA on 25 Aug 1779 in the matter of > > > Joshua Rials who was convicted of high treason along with eight others. > > > Amongst the witnesses against Rials was Samuel Lamar. > > > The Grand Jury consisted of the following men: > > > Esquires. > > > Stephen Heard, Foreman > > > George Walton (signer of Dec of Independ.) > > > David Burnett > > > Thomas Carter > > > Richard Aycock > > > Robert Day > > > John Gotham > > > Dionysius Oliver > > > Gentlemen. > > > Holman Freeman > > > Thomas Strand > > > Micajah Williamson (his dau. married Gen. John Clark (Gov) & son of Gen > > > Elijah Clark) > > > James McLean > > > Jacob Farrington > > > William Bailey > > > John Gloss > > > > > > Then the following petit jurors were sworn: > > > Holman Freeman(Col.Freeman's son Fleming Martha sister of Governors Bibb > > of > > > AL) > > > William Butler > > > John Burness > > > William Bonier > > > Henry Duke > > > James White > > > Matthew Moore > > > William DANIEL > > > Joseph Collins > > > Jacob McClendon, Jr > > > Mordecai Moore > > > Robert Hanna > > > John Scott Riden > > > > > > - Ruth in Portland, OR > > > ----- Original Message ----- > > > From: <JOANH954@aol.com> > > > To: <DANIEL-L@rootsweb.com> > > > Sent: Monday, December 08, 2003 9:09 PM > > > Subject: [DANIEL-L] Rhoda DANIEL-HUDSON > > > > > > > > > > John, > > > > I believe I sent this to the list, but - just in case - here's the > deed > > > > identifying Nathaniel HUDSON as spouse of Rhoda DANIEL and Hamilton > > HUDSON > > > as their > > > > son: > > > > > > > > On 01 Dec 1797 William Daniel of Pitt County, NC "in consideration of > > the > > > > love good will and affection which I have and bear toward my loving > > Nephew > > > > Hamilton Hudson of the State of Georgia in the county of Screven unto > > > Nathaniel > > > > Hudson and Roda his wife my sister...for the sum of fifty pounds..one > > > Negro boy > > > > the age of twelve years of a yellow colour named Daniel." The deed was > > > proved > > > > on the oath of Enoch Daniel Feb 01 1798--Deed Book A, p 112. > > > > > > > > If this Rhoda DANIEL is not the daughter of Robert Lanier DANIEL and > > widow > > > of > > > > Robert HUDSON, Jr and sister of William DANIEL in Pitt Co NC what > other > > > Rhoda > > > > DANIEL with a brother William in Pitt Co and md to a HUDSON in Screven > > Co > > > GA > > > > could she be? Note also that Enoch DANIEL proved the deed. > > > > Joni. > > > > > > > > > > > > ==== DANIEL Mailing List ==== > > > > DO NOT FORGET: This is a Genealogical Mailing List and the posting of > > > messages that do not relate to the DANIEL Family, its collateral > families > > or > > > those of a historical nature relating to genealogical research -- are > not > > > allowed on this list. > > > > > > > > > > > > > ==== DANIEL Mailing List ==== > > > Going on Vacation for longer than 5 days? Please unsubscribe > > > Click on the following link and your message is ready to send > > > Mail Mode: > > > mailto:DANIEL-L-request@rootsweb.com?subject=unsubscribe > > > or- > > > Digest Mode: > > > mailto:DANIEL-D-request@rootsweb.com?subject=unsubscribe > > > > > > > > > > > ==== DANIEL Mailing List ==== > > Going on Vacation for longer than 5 days? Please unsubscribe > > Click on the following link and your message is ready to send > > Mail Mode: > > mailto:DANIEL-L-request@rootsweb.com?subject=unsubscribe > > or- > > Digest Mode: > > mailto:DANIEL-D-request@rootsweb.com?subject=unsubscribe > > > > > > > > ==== DANIEL Mailing List ==== > DO NOT FORGET: This is a Genealogical Mailing List and the posting of messages that do not relate to the DANIEL Family, its collateral families or those of a historical nature relating to genealogical research -- are not allowed on this list. >