No, this isn't a law suit. It's an odd situation and one I hope will be an interesting item for discussion here. I must first preface this with a less withering assault on this source than either Beverley Fleet or John Dorman gave in their abstracts of transcribed Westmoreland County record books. The following both come from the transcribed copy of the now-lost original of Westmoreland County Deeds & Wills No. 3, 1701-1707. The transcript was made in 1852 and both Fleet and Dorman URGE the reader to be very cautious in using it. Here is the case. Joshua HUDSON died in Westmoreland County in 1704, testate. His will was dated 6 JUN 1704 and proved 26 JUL 1704. He names his wife Elizabeth [who was Elizabeth RUSH] and four sons: (1) John, the plantation he now lives on (2) Joshua, 100 acres "I now live on" adjacent Capt. Charles Ashton and William Rust (3) & (4) Caleb and Rush "the remainder part of my land lying between John and Joshua to be equally divided, Caleb having first choice" To wife Elizabeth "all the remainder part of my estate." Wife Elizabeth and son Joshua executors. Witnessed by Jno Lilley, Wm. Ramsey, Hannah Baker First note the language regarding the land does not leave any of the land to "him and his heirs forever" thus creating an entailed estate to (presumably) eldest son John and his heirs. John died in 1708 leaving two daughters Margaret and Mary Hudson. His will names no wife. BUT....that is just one part of it. The will does not name four of his daughters. We learn their identity in a deed of gift to them from one Chapman Dark dated 27 Jan 1704/5. The deed leaves specific personal property to"my loving friends" Sarah Hudson, Ann Hudson, Elizabeth Hudson and Margaret Hudson "daughters of Josh: Hudson late deceased" for love, good will and affection. The deeds specifies that for three of the daughters, the gift was to be theirs when they arrive to age 17. This was witnessed by Caleb Hudson and Cossom Bennett. I can only SURMISE that Chapman Dark was their Godfather but that is merely a guess on my part. I don't know of any familial relationship, at least at this point. If I understand colonial law correctly, the "remainder of my estate" (almost certainly all the personal property) mentioned in Joshua's will which was left to his wife would be divided at her death between all of her children, male and female. So, an interesting case study and does anyone know who Chapman Dark was? Craig

Would agree that personal property can be divided and is not subject to intestate laws of primogeniture. I would differ on whether an estate tail would be created. "I give my real estate to A" at common law gives A a life estate. The remainder would then pass to the heirs of A. probably intestate and thus winding up as you said in the eldest. A true estate in tail is: I give Blackacre to my son John and the heirs male of his body. Thus you have both words of purchase and words of limitation. In reading many of these wills one does wonder just how closely the common law was followed. Many wills simply leave land to X, and are treated from there on as a fee simple in X and his heirs. It obviously worked because in the bulk of the cases there was no challenge. I have noticed in Westmoreland Orders how few wills are challenged, though that may have occurred at a higher court level. Even under common law a court could seek the true intent of the testator, though that doctrine was not as strong as it is today. On Sun, Sep 25, 2011 at 11:56 PM, Craig Kilby <[email protected]> wrote: > No, this isn't a law suit. It's an odd situation and one I hope will be an > interesting item for discussion here. I must first preface this with a less > withering assault on this source than either Beverley Fleet or John Dorman > gave in their abstracts of transcribed Westmoreland County record books. The > following both come from the transcribed copy of the now-lost original of > Westmoreland County Deeds & Wills No. 3, 1701-1707. The transcript was made > in 1852 and both Fleet and Dorman URGE the reader to be very cautious in > using it. > > Here is the case. Joshua HUDSON died in Westmoreland County in 1704, > testate. His will was dated 6 JUN 1704 and proved 26 JUL 1704. He names his > wife Elizabeth [who was Elizabeth RUSH] and four sons: > > (1) John, the plantation he now lives on > (2) Joshua, 100 acres "I now live on" adjacent Capt. Charles Ashton and > William Rust > (3) & (4) Caleb and Rush "the remainder part of my land lying between John > and Joshua to be equally divided, Caleb having first choice" > > To wife Elizabeth "all the remainder part of my estate." > > Wife Elizabeth and son Joshua executors. > > Witnessed by Jno Lilley, Wm. Ramsey, Hannah Baker > > First note the language regarding the land does not leave any of the land > to "him and his heirs forever" thus creating an entailed estate to > (presumably) eldest son John and his heirs. John died in 1708 leaving two > daughters Margaret and Mary Hudson. His will names no wife. > > BUT....that is just one part of it. The will does not name four of his > daughters. > > We learn their identity in a deed of gift to them from one Chapman Dark > dated 27 Jan 1704/5. The deed leaves specific personal property to"my loving > friends" Sarah Hudson, Ann Hudson, Elizabeth Hudson and Margaret Hudson > "daughters of Josh: Hudson late deceased" for love, good will and affection. > The deeds specifies that for three of the daughters, the gift was to be > theirs when they arrive to age 17. This was witnessed by Caleb Hudson and > Cossom Bennett. > > I can only SURMISE that Chapman Dark was their Godfather but that is merely > a guess on my part. I don't know of any familial relationship, at least at > this point. > > If I understand colonial law correctly, the "remainder of my estate" > (almost certainly all the personal property) mentioned in Joshua's will > which was left to his wife would be divided at her death between all of her > children, male and female. > > So, an interesting case study and does anyone know who Chapman Dark was? > > Craig > > > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without > the quotes in the subject and the body of the message >