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Page 975
The State of Mississippi :
Noxubee County :
The State of Mississippi
To John Hardaman (sic) Robert N. Wier, John S. Ratliff, Artur Slaughter,
& William J. Gammill....Greeting
Know ye that at a Term of the Probate Court of NOxubee County State
aforesaid begun & held at the court house in and for said county on the
first Monday in November AD 1850 you were appointed commissioners to divide
the real and personal estate of John Hudson late of said county deceased
among his legal heirs and you are by these prenests authorized and directed
to divide the said real and personal estate among the heirs at law of the
said decedent agreeably to the law of decents of this State to ascertain
each heirs share of said real estate by metes and bounds and to said
personal estate by lot; and to assign and set off to said heirs respectively
their share of said real and personal estate so ascertained & alloted.
And you are by these presents further directed to give five days notice of
the time and place of your meeting for the purpose of making said divission
(sic) to such of said heirs as are of age and within this State and to the
guardian of such as are minors and to make and return under oath a full
report of your proceedings under this commission certified under your hands
and seals at the next Term of this court.
Witness the Honourable Reuben Ruff Judge _?_ at the Courthouse
thereof of this county the first Monday of November AD 1851.
C.G. Bowen Clerk
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In the matter of the petition of William B. Hudson for divission (sic) of
the real and personal estate of John Hudson deceased.
On reading and filing the petition of William B. Hudson one of the heirs
and distributees of the estate of said deceased. It appearing to the
satisfaction of the court that he is such heir and distributee & that
he is now of lawful age to claim a divission (sic) of said estate and an
allotment & distrabution of his share thereof & it also appearing to
the satisfaction of the court that John H. Hudson, Oscar F. Hudson, &
Oias W. Hudson, also heirs at law of the said deceased are under age and
that said John Hudson deceased died leaving three other heirs at law to wit:
( not named....@ear) who have since died without leaving child or children
or decedents of them or either of them and unmarried & under the age of
twenty one years. It is therefore ordered by the court that John Haraman,
Robert N. Weir, John S. Ratlif, Arthur Slaughter, and William J. Gammill,
disinterested freeholders of this County be app9inted commissioners and as
such they are hereby ordered & directed to divide the real estate of
said John Hudson deceased to which said heirs are entitled agreeably to the
law of decents of this State and to aascertain each heir share thereof by
meets and bounds and to allot & set off to said Petitioner his share
thereof and also to divide the personal estate of said decedent agreeably
to said law of decents; and to alloot& set apart each heirs legal share
thereof to which he or she may be entitled, (the said allotment &
distrabution (sic) to be to and among said petitioner & the said three
others living heirs and distributees, and that Henry O. Beasley Administrator
of the goods, chattels, rights, & credits of said John Huson deceased
distribute among said four living heirs their respective shares of said
personal estate thus divided and alloted by said commissioners requiring
from said heirs or their legal representatives if he think proper bonds
conditioned that if said personal estate shall be found charged with an
outstanding debts of said John Hudson deceasd or charges legally incured
(sic) in settling his estate the said distributee or distributees will
refund his, her, or their __??__ proportion of the amount necessary for
the payment of said debts & charges. That the said commissioners give
five days notice of the time and place of assembling for the purpose of
making said divission (sic0 to the said heirs of age if any & within
this State and to the guardian or guardians of such as are under age and
that they make and return under oath a full report of their proceedings
under his order certified under their hands and seals at the next Term of
this court, thereafter.
A true copy from the minuets (sic) Book B 366 & 367.
We waive the five days notice required by law this 11th Nov 1850
Elizabeth Hudson
William B. Hudson
(I have a photocopy of the original citation where they
waived the notice....it was included in the papers of O.F. Hudson, and
forwarded to me by Mrs. Reeves, of Macon, Mississippi.....so we have a
photocopy of her signature...)
To the Honorable Reuben Ruff Judge of the Porbate Court of Noxubee County in
the State of Mississippi.
The undersigned commissioners appointed by this honorable court at
the last Term thereof and ordered and directed among other things to divide
the real and personal estate of John Hudson deceased among his legal heirs
and distributees agreeably to the law of desents to ascertain by metes and
bounds each heirs share of said real estate and to allot to William B. Hudson,
John H. Hudson, Oscar F. Hudson & Osias W. Hudson and to divide the
personal estate of said decedent among his legal heirs agreeably to the law
of desents and to allot to said heirs their respective shares thereof beg
leave respectively to report that pursuing the instructions contained in the
commission to them direct and the rule of the statute in this behalf after
giving five days notice to the said heirs which will fully appear from the
proofs herewith, they assembled for the purpose of making said divission at
the late residence of the said decedent in Noxubee County on the the (sic)
day of November AD 1850 and immedeately caused to be acurately (sic) surveyed
the lands directed to be divided and caused the same to be divided into four
equal parts (having regard to quantity & quality) defining and making
each of said parts by metes and bounds which said survery and divission will
fully appear by referance to the annexed plat and certified of the surveyor
employed marked exhibit (A) upon which your commissioners have caused said
parts of said divission to be marked and numbered respectively on two, three,
and four and that your commissioners then by lot assigned and set off to
said heirs their respective shares of said land as follows to wit:
Lot No.1 was allotted and set off to Oscar F. Hudson, Lot No.2 was allotted
and set off to John H. Hudson, Lot No.3 was allotted and set off to Oscar F.
Hudson,Lot No.4 was alloted & set off to William B. Hudson and your
commissioners further report that on the same day they caused to be assembled
and collected at the residence of said decedent all of his negro slaves
remaining subject to divission & distrabution among the said heirs and
divided the same into four equal shares according to value that they
designated said shares as Nos. 1,2,3,4, and by lot assigned and set off to
said heirs their respective shares as followed to wit:
Share No.1 was allotted & assigned to John H. Hudson
" " 2 was allotted & assigned to Osias W. Hudson
" " 3 was allotted & assigned to William B. Hudson
" " 4 was allotted & assigned to Oscar F. Hudson (sic)
as the same will fully appear to your Honor by reference to the annexed
schedule (sic) marked B.-in which said shares are severally detailed and
marked as aforesaid containing the names and value of said negro slaves
which schedule as well as exhibit (A) aforesaid is made a part of this
report.
And your commissioners further report that to equalize said shares
and to compensate the William B. Hudson for the deficit in the share
allotted to him as hare in said schedule B. they did and they do hereby
award that Elizabeth Hudson the widow pay to the William B. Hudson the sum
of $118.75 and that the said Oscar F. Hudson pay to the said William B.
Hudson the sum of $23.43 3/10 and that John H. Hudson pay to Osias W. Hudson
the sum of $57.81 1/4 and that Oscar F. Hudson pay to Osias W. Hudson the
sum of $34.37 thereby setting the value of each of said four shares of the
negro property at $ 2,742.18 3/4 and your commissioners further report that
the following lands purchased since the death of said John Hudson out of the
proceeds of the personal property of said estate was pointed out to them to
be divided according to the law of decents of personal property after one
eight had been allotted to Elizabeth Hudson the widow of said John Hudson
that portion having been allotted to said widow being designated on the
annexed plot and certificate of the surveyor employe marked exhibit (C) as
Lot No.5 to wit beginning 8.75 ch on the south line of Sec 28 from the S.W.
corner running parallel (sic) to the section line through the section
covering 5 ch width east and your commissioners having caused the remainder
of said half section to be divided into four equal parts having regard to
quantity & quality defining each of said parts by metes & bounds
which said survey and divission will fully appear by reference to the annexed
plot & certificate of the surveyor employed marked exhibit (C) upon which
your commissioners have caused said parts of said divission to be marked and
numbered respectively one two three & four and that your commissioners
then by lot assigned and set off to said heirs their respective shares of
said last mentioned lands as follows to wit:
Lot No.1 was allotted & set off to Oscar F. Hudson
Lot No.2 was allotted & set off to John H. Hudson
Lot No.3 was allotted & set off to Osias W. Hudson
Lot No.4 was allotted & set off to William B. Hudson
As the same will fully appear by reference to exhibit (C) which is made a
part of this report and your commissioners having now fully discharged the
duties enjoined upon them by said commission and having full reported their
proceedings under and by authority thereof beg leave to be discharged.
Given under our hands and seals this second day of December AD 1850.
F.T. Williams
W.J. Gammill
J.A. Campbell
Rt. N. Weir
Arthur Slaughter
The State of Mississippi :
Noxubee Coutny :
Personally appeared before me Geo. W. Campbell a Justice of
the peace in & for said county the foregoing named Arthur Slaughter, R.N.
Wier, Wm Gammill, J.A. Campbell and made oath that the foregoing report
contained an honest faithful and impartial divission (sic) of the real and
personal estate of John Hudson deceased and that they had performed the
duties trust and servis (sic) required of them in this behalf to the best
their skill & judgement (sic). Sworn to & subscribed before me this
2nd day of December 1859. Geor. W. Campbell, Justice of the Peace.
The schedule B. exhibiting the personal estate of John Hudson
deceased divided into four shares respectively allotted to William B. Hudson
by the undersigned commissioners as thereinafter and in the annexed report
expressed viz...
Share and Lot No.1 alloted to John Henry Hudson
Squire valued at $850
Vina " " 450
Tob " " 300
Lona " " 600
Randal " " 600
-------
$2,800.00
Lot 1 pays Lot 2 57.81 1/4
----------
$2,742.18 3/4
Share & Lot No.2 allotted to Ozias W. Hudson
Antony valued at $800
Mira & child " " 800
Mat " " 400
Vincent " " 650
-----------
$2,650.00
Due from Lot No.1 57.81 1/4
" " " " 4 34.37 1/2
--------------
$2,742.18 3/4
Share & Lot 3 allotted to William B. Hudson
Joe valued at $700
Dorrhy & child valued at 750
Jim " " 250
Richmond " " 200
Herrod " " 700
---------
$2,600.00
Due from Widow 118.75
" " Lot 4 23.43 3/4
-----------------
$2,742.18 3/4
Share & Lot No.4 allotted to Oscar F. Hudson
Isaac valued at $550
Perry " " 700
Bertha " " 550
Daniel " " 650
Nelson " " 350
----------
$2,800.00
Lot 4 pays Lot 2 $ 34.37 1/2
" " " " 3 23.43 3/4 57.81 1/4
Township No 13N Range No 17 E. Sec 21 Exhibit (A)
The State of Mississippi : The above plat represents the tract of
Noxubee County : land owned by John Hudson late of this county
dec'd being the west half of section 21 in Township 13, North, Range 17 East,
(excepting 20 acres in the south west corner of the tract which he sold to
Brooks) which said tract has been divided between the heirs of the said
Hudson in the following maner (sic) to wit : Lot No.1 beings at the S.E.
corner of the said tract runs north 40 ch to a stake then west 10 ch to the
N.E. corner of the widow's dower then s. 40 ch with the east line of said
downer to a stake on the section line then east 10 ch to the beginning
containing 40 acres.
Lot No.2 begins at the N.E. corner of Lot 1 runs north with east boundary of
said tract 40 ch to a stake being the N.E. corner of said tract then
W. 11.50 ch with the section line to a stake then south 40 ch to a stake on
the N. line of the Dower then with that line t the N. boundary of Lot 1 and
with that line East 11.50 ch to beginning containing 46 acres. Lot 3 begins
at a stake on the N line of said section being N.W. corner of Lot 2 runs
west with section line 14.25 ch to a stake then south 40 ch to the line of
the Dower and then East with said line to the S.W. corner of Lot 3, 10 ch ,
then N. with west line of Lot 2, 40 ch to beginning containing 57 acres.
Lot 4 begins at N.W. Corner of Lot 3, runs south with Section line 40 ch.
to N.W. corner of the Dower then East 14.ch to Lot 3 then N. 40 ch with west
line of Lot 3, to the beginning containing 57 acres this Nov 1850.
B.T. Williams, surveyor
Exhibit (C)
Township 13 Range 17 Section 28
The State of Mississippi :
Noxubee County : This plat shows the plan of divission (sic) as
made by the commissioners appointed for that purpose between the heirs of
John Hudson dec'd of the following discribed tract of land to wit: The west
half of section 28 in Township No.13 Range No.17 East which tract of land
was purchased to the estate after said Hudson's death.
Lot No. 4 begins at the S.W. corner of said section runs No. 80 ch
with the section to the N.W. corner then E. with the section line 8 ch 75
links to a stake when 5.80 ch to a stake on the south line of the section
then west 8 ch 75 links to the beinning containing 70 acres--
The Widows Lots (sic) begins at the South E. corner of Lot 4, runs north with
said said (sic) Lot 80 ch to the corner then east on the section line 5 ch to
a stake then south 80 ch to south line of Section then W. 5 ch to beginning
corner containing 40 acres--Lot No. 3 begins at the S.E. corner of the Widows
Lot runs N. 80 ch with said lot to the corner then east on the section line
7 ch 50 links to a stake then south 80 ch to south line of the section then
W. 7 ch 50 links to the begining containing 60 acres--Lot 2 begins at the
S.E. corner of Lot 3, runs with said lot No. 80 ch to the corner then East
on the section line 9.75 ch to a stake then south 80 ch to south line of the
section then west 9.75 ch to the begining containing 75 acres-- Lot 1 begins
at the S.E. corner of the section then south 80 ch to the N.E. corner of the
section then south 80 ch with the section line to the S.E corner then W. with
section to begining containing 75 acres. This _______ day of Nov. 1850.
B.T. Williams Surveyor
The foregoing Commissioners report of the real & personal estate of John
Hudson deceased amoung his heirs and widow as divided by them & filed at
the December Term AD 1850 was duly recorded the 20 day of May AD 1851.
C.G. Bowen ClerkPage 1008
The State of Mississippi : The State of Mississippi
Noxubee County S.S. : To the Sheriff of Noxubee County--Greeting
You are hereby commanded to summon five disinterested freeholders of
your County connected with the parties neither by consanguinity or affinity
and entirely disinterested as commissioners and them to qualify according to
law who when so qualified shall allot and set off by metes and bounds to
Elizabeth Hudson the widow of John Hudson late of said county now deceased
one third according to quantity and quality of the lands tenements and
hereditament described in the annexed decree as the Dower of the said widow
and also at the same time to allot and set off to the said Elizabeth one
eighth part of the personal estate of said deceased described at large in
the said decree as her legal share of the personal estate of said decedent
and that the said commissioners in said allotment of land, etc. comprehending
therein the dwelling house in which the said decedent in his lifetime next
before his death was most accustomed to dwell, together with the our houses
buildings and other improvements thereto appertaining, and you are hereby
further commanded that when the said lands tenements hereditament and
personal estate shall be allotted as aforesaid by said commissioners to put
the said Elizabeth in possession of the share and portion thereof set off
to her, the said one third part of sid lands etc. to be held possessed and
enjoyed by her during the term of her natural life and the said one eighth
part of said personal estate to be and enure (sic) to her her, her (sic)
heirs executors administrators and assigns forever and allotment together
with the manner in which you shall execute this writ to return and make
known to our said court at the next December Term thereof with this writ
enclosed.
Witness the Honourable (sic) Reuben Ruff, Judge etc. of said County
at the courthouse thereof this first Monday of November AD 1850.
Issued the 11 day of Nov. AD 1850
At Macon Miss.
C.G. Bowen, Clk
Page 1009 In the matter of the application of Elizabeth Hudson, the
widow of John Hudson deceased for Dower.
On reading and filing the petition of Elizabeth Hudson the widow of
John Hudson deceased for admeasurement and allotment of Dower our of the
lands tenements and hereditament of which the said John Hudson died seized
and possessed and for allotment of her legal share say one eighth of the
personal estate of said decedent. It appearing to the satisfaction of the
court that Henry O. Beasleyadministrator or the goods chattels rights and
credits which were of said decedent to the orders for Dower may be entered
at this term of the court and the court proceeding thereupon in the hearing
and determination of said petition being satisfied from the allegations of
said petitioner that the said John Hudson died leaving seven children and
that he also died intestate and that the said Elizabeth was the lawful wife
of said John Hudson and that she is entitled by law to one third of all the
lands tenements and hereditament of which the said John died seized and
possessed or had before conveyed whereof she the said Elizabeth had not
relinquished her right of Dower as provided for by law to vest in her during
the Term of her natural life and that she is also legally entitled as her
share of the personal estate of said intestate to one eighth part thereof to
be and in enure (sic) to her, her heirs, executors, administrators and
assigns forever, and it being represented to the court in said petition
that the said John Hudson died seized and possessed of all that certain
tract or parcel of land situate and lying in this county being as follows,
the west half of section twenty one less twenty acres off of the south west
corner of land being in Township 13, north of Range 17 East and the west of
section 28 all being in Township 13 N. of Range 17 East of which the said
intestate died seize (sic) and possessed and which for many years previous
to his death he cultivated in which said lands the said Elizabeth has never
relinquished her Right of Dower and also that the said intestate died seized
and possessed of a personal estate consisting of a number of negroes and
other personal property. It is therefore ordered adjudged and decreed and
his honor the Judge of Probates doth hereby order adjudge and decree that a
writ of Dower forthwith issue directed to the sheriff of this county
commanding him to summon five discreet freeholders as commissioners
connected with with (sic) the parties neither by consanguinity or affinity
and entirely disinterested which said commissioners after being sworn by said
sheriff shall allot and set off by mites and bounds to the said Elizabeth
one third of the lands tenements & heredetaments above described
according to quantity and quality comprehending the dwelling house and other
buildings if any belonging or appertaining and the said sheriff and
commissioners at the same time allot and set off to said Elizabeth one
eighth part of said personal estate her legal share thereof and that the
aid sheriff when said land and personal estate shall be allotted as aforesaid
put the said Elizabeth in possession thereof said land so allotted to vest
in her during the term of her natural life and said share of personal estate
to be and ennure (sic) to her heirs executors administrators & assigns
forever and that the said sheriff return this said writ together with the
report of said commissioners duly certified and attested at the next term
of this court.
Ordered adjudged and decreed this fourth day of November AD 1850,
pages 356 & 357 on Book B. of Minuets of the Probate court. Given under
my hand and official seal at Macon Miss. this the 11 day of November AD 1850.
C.G. Bowen, Clerk
I waive the five days notice required by law Nov 12 1850.
Elizabeth Hudson
Page 1011
By virtue of the within writ to me directed I have this day summoned as
commissioners Robert Weir, W.J. Gammill, J.A. Campbell, Arthur Slaughter &
B.T. Williams disinterested free holders of my county and connected with
the parties to this writ neither by consanquinety or affinity and notified
them to assemble at the late residence of John Hudson deceased on Tuesday
the 12th day of November for the purpose of executing their commission.
JR Cavett Shff of Noxubee County Miss Nov 12th 1850
The subsequent entries are by the Sheriff, stating that he assembled the
commissioners.......followed by the commissioners report that they met on
the prescribed day, at the prescribed place and carried out the courts
directive.Schedual A of the commissioners report contains a list of the
negroes allotted to Elizabeth with their respective values attached, that
to equalize said share with the shares of the heirs they do hereby award
that said Elizabeth Hudson pay to William B. Hudson, one of the heirs the
sum of $118.75 thereby settling her share of the personal property at
$1,581.25 ........
Schedule A. Exhibiting the personal estate of John Hudson deceased allotted
and set off to Elizabeth Hudson was her share of the personel estate of her
late husband John Hudson.
Share allotted to Elizabeth Hudson
Scott valued at $850
Mathew " " 350
Tabitha " " 600
----
$1,800
Allowed for support of negro Dabney 100
$1,700
Awarded to be paid by her to :
William B. Hudson : 118.75
------------
$1,581.25
The foregoing writ of Dower and commissioners report was filed at the
December Term AD 1850 and dully recorded the 26 day of May AD 1851
C.G. Bowen clerk
The State of Mississippi :
Noxubee County : Persuant to an order of the Probate Court
of Noxubee County and State aforesaid the commissioners met on the premises
and divided the real estate of John Hudson deceased in the following manner
to wit: (The exact wording and description as reported earlier....@ear)
[Another drawing appeared...one showing both sections together]
B.T. Williams, surveyor
------------------
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