Warren County Georgia Will Eason Darrington Hudson File contributed for use in USGenWeb Archives by Pamela D. Hudson" Table of Contents page: http://www.usgwarchives.net/ga/warren.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm Last Will & Testament of EASON DARRINGTON HUDSON, Warren County, GA Wills Book, Pages 62-66 A little about EASON DARRINGTON HUDSON: He was the son of: ELIJAH HUDSON (1769 d. 1843 Jefferson Co, GA) and 1st m. UNITY EASON (b. 1775; d. 1820 Jefferson Co, GA). He married SOPHIA W. PALMER (b. March 10, 1819 Wilkes Co, GA; d. January 24, 1862 Warren Co, GA) on 24 Apr 1848 Warren Co, GA. They and most of their family are buried at Resthaven Cemetery, Whitehall Street (Hwy 44), Washington, Wilkes County, GA. NOTE: This Will rambles and the grammer is very poor. Some of the handwriting was barely legible, I believe that Eason wrote it himself and apparently in declining health. Perhaps he knew he was dieing. I have placed these documents in the exact order they are found in the Wills Book in Warrenton, Warren County, Georgia. The codicil just ends suddenly (my copy has no signature). Mrs. Pamela D. Hudson Website: http://www.geocities.com/pameladhudson/hudson.html State of Georgia, Warren County I, EASON D. HUDSON, of said county, being of sound and disposing mind and memory, hereby revoking all other wills heretofore do make and ordain the following to be my Last Will and Testament. Item 1st: I desire all my just debts to be paid. Item 2nd: To my wife, SOPHIA W. HUDSON, I give and bequeath during her life or widowhood all my property, real and personal, for the support and maintainance of herself and our children, born or to be born. Subject to the payments to each child as he or she comes of age or marries of such sum not exceeding two-thirds part in value of what would come to a child at a division as may seem suitable and proper to be paid and of my estate with the provisions that each child shall waive the same in value as that set apart to the first and that the share so set apart be taken out of my estate with reference to both the interest of the child and the interest of the estate, so as to promote both as far as practicable. Item 3rd: If my wife should marry, I wish a division to take place at which she is to receive a childs part and each child as the representative of child or children deceased to receive one part. Item 4th: If my wife should survive the period as which all our children come of age or marry, I wish a division to take place at which after setting aside my house and such and household, and household and kitchen furniture to her for life she shall share equally with the children, she having her choice as to the property which shall constitute her share the life estate at her death to be divided amongst our children and the representatives of children deceased. Item 5th: When the final division occurs at whatever period the children who have been advanced are to have the appraised value at date of advance considered and taken as part of their shares. All the property hereby bequeathed to my daughters is to be in trust for the sale and seperate use of my said daughters subject to sale and reimbursement. Allways(sic) suitable to same trust by the consent of GEORGE W. PALMER, JAMES A. SHIVERS, and GEORGE F. HUDSON or either of them. If neither is living at the time, then by consent of the Ordinary at that time. Item 6th: I desire my wife to have the right of disposal by will of any share in my estate. Item 7th: I constitute and appoint my beloved wife, SOPHIA W. HUDSON, the sole Executrix of this my Last Will and Testament, with full confidance in her earnest desire to manage my estate for the interest of all concerned. I desire her to consult my friends, GEORGE W. PALMER, GEORGE F. HUDSON, and JAMES A. SHIVERS in evaluations of management of business. I do hereby confer authority on my wife by and with the consent of either of said friends to invest the money coming to my estate or belonging to it after payment of debts, either in stock, bonds, or other property, such as they believe safe and productive. It is further my will that the income of my estate be never transcended by any years expenses except by the unanimous consent of my wife and said friends as such of them as may be living at the time. September 25th, 1857 /s/ E. D. HUDSON (plus initials) Signed, Sealed and Delivered and published as the Last Will and Testament of EASON D. HUDSON in (the) presence of the undersigned who signed the same in (the) presence of said Testator at his request as witnesses and in (the) presence of each other. This September 25th, 1857 /s/ ADAM JONES, JR. JOSEPH WASDEN E. V. CULVER --- State of Georgia, Warren County Court of Ordinary April 6th, 1858 I, ADAM JONES, JR., personally appeared in open court. JOSEPH WASDEN, who being legally sworn says an oath that EASON D. HUDSON, late of said County, deceased, Signed, Sealed and Acknowledged the written Testament of writing as his Last Will and Testament in their presence and in the presence of E. V. CULVER on the day therein mentioned that he the said E. D. HUDSON, was then of sound mind and memory and capable of disposing of his property, that their dependance together with the said E. V. CULVER, then subscriber to said Will and witnessed in the presence and at the request of the said Testator and in the presence of each other. Sworn to and subscribed in open court, April 6th, 1858. /s/ JOSEPH WASDEN - ADAM JONES, JR. --- State of Georgia, Warren County Court of Ordinary April 6th, 1858 The written Will of EASON D. HUDSON, deceased, late of said County, having been legally proven in common form in open court by the oaths of JOSEPH WASDEN and ADAM JONES, two of the subscribing witnesses to the said Will, and she the Executrix named SOPHIA W. HUDSON and no objection being made, it is ordered by the court that the same be recorded together wit hthe codicil thereto which was also legally and personally proven. /s/ W. R. CODY, Ordinary --- (This is the codicil) State of Georgia, Warren County Whereas, I, EASON D. HUDSON, of the County and State aforesaid did on the twenty-fifth day of September, Eighteen Hundred and Fifty-Seven, seal and declare and publish my Last Will and Testament in the presence of ADAM JONES, JR., JOSEPH WASDEN, and E. V. CULVER, who signed said Will as witnesses and whereas I am desirous of changing and revoking said Will in its effects and of revoking same of the items therein. Item 1st: I hereby revoke second, third, fourth and fifth Items of said Will above referred to so far as it relates to or has any effect upon my oldest daughter, MARY VIRGINIA POTTLE, now wife of EDWARD H. POTTLE. It being my will and desire that my said daughter MARY VIRGINIA POTTLE shall have no share of my property nor any interest in or to any portion or share to any of my estate or property of my kind whatever. It being my will and desire that my daughter MARY VIRGINIA POTTLE nor her husband E. H. POTTLE nor any of their representatives shall ever inherit any portion of my property or estate of any kind whatever. --END-- ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. The submitter has given permission to the USGenWeb Archives to store the file permanently for FREE access. ==============