Jack, I am not operating under any misconception, Jack. Check the law and I am sure you will find GA law before 1867 was exactly as I stated. Now, this would be moot if the husband had died and the wife had inherited the property from him. Then, she would be the legal owner of the property and all rights in it were vested in her, unless his will specified, otherwise. After 1867 in GA, a wife could own property in her own name and anything she inherited from her parents or others was hers to do with as she saw fit but not before 1867..... What I do not understand is why some continue to push this Nathaniel HUDSON marriage on Rhoda DANIEL when there is no other evidence except for a deed in Pitt County, NC that supports it. I cannot imagine for a second a deed my wife might execute that would not contain my name, either as a party to the deed or at the very least, a witness. Not, unless I was dead at the time she executed the deed. As for the deed in Pitt County, NC, her husband's name could have easily been mistaken by the attorney who drafted it. That kind of stuff happened all the time. They say that John DURDIN of Morgan County, GA was the first person to push for such protection when he was in the GA House before the CW but he was unsuccessful in getting it passed by the legislature. It is said, the outrage created by the later squandering away of a young ladies total inheritance and home in Madison by a new husband, during a weekend of drinking and gambling, was the primary reason this act was reintroduced in the GA legislature, passed and was signed into law by the governor. I can give you the names of the sponsoring legislators if you want them but they were from Morgan County, GA. John R. Clarke Thomasville, GA ----- Original Message ----- From: "Jack V Butler" <JackVButler@comcast.net> To: <DANIEL-L@rootsweb.com> Sent: Thursday, December 11, 2003 8:55 PM Subject: Re: [DANIEL-L] Rhoda DANIEL-HUDSON > 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. > > > > > ==== 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. >