Will of Josiah Hudson
North Carolina
Sampson County
I, Josiah Hudson, of the aforesaid County and State, being of sound mind, but considering the uncertanity of my earthly existence, do make and declare this my last will and testament.
FIRST: My Executors, hereinafter named, shall give my body a decent burial, suitable to the wishes of my friends and relatives, and pay all funeral expenses togeather with all my just debts, out of the first money which may come into his hands belonging to my estate.
SECOND: Herebefore I have given and delivered to all my children in fee-simple deeds to all lands that it is my desire for them to have, and they indivudally having had all personal property as their individual allowance.
THIRD: Now that my beloved daughter Anna Hudson, has resided with me from thime to time, looking after me during all my sickness, and being dutiful under all circumstances, I give and bequeth to her the custody of the following minor children Olen C. Hudson, and Casper B. Hudson, until they have reached their minority, it is my futher wish and decree that she shall have the full right to occupy of the lands of the hereinafter mentioned until the said Olen C. Hudson, and Casper B. Hudson, reaches their minority and then in that instance the lands hereinafter mentinoned and described shall go to the said Ollen C. Hudson and Casper B. Hudson, in fee-simple each sharing equally.
FOURTH: Now the lands above mentioned that I desire to pass to the following children Olen C. Hudson, and Casper B. Hudson, is all of the residue of the home place where I reside, except the lands situated on the east side of Smithfield and Fayetteville Road which has been sold to Mrs. Myrtle Jernigan, and considting of about thirty acres more or less.
FIFTH; I give and bequeath to Olen C. Hudson, and Casper B. Hudson, and Lillie May Hudson, a feather bed each, three bead spreads and one-pane to each of the following children Olen C Hudson, and Casper B. Hudson.
SIXTH: Wy will and desire is that after legacies has been allowed as above mentioned then if there is any residue of my estate the same shall be sold, and the debts owing to be collected, and if there if should be any surplus over and above the payments of the debts, expenses and legacies, that such surplus shall be equally divided and paid over to my two minor children Olen C. Hudson, and Casper B. Hudson, the same shall be used by them to assist them in obtaining their education end support.
SEVENTH: I hereby constitute and appoint my beloved daughter Anna Hudson, guardian for my said two minor children Olen C. Hudson, and Casper B. Hudson, to have and to hold the custody of their estate until the said minors shall arrive at the full age of Twenty One years.
EIGHTH: I hereby constitue and appoint my trusty friend Heywood Dixon, my lawful executor to all intent and purpose, to execute this my last will and testament, according to the true intent and meaning the same, and every part and clause thereof-hereby revoking and declaring utterly void all other wills and testaments by me herebefore made.
In witness whereof, I, the said Josiah Hudson, do hereunto set my hand and seal, this 1st. day of September 1926.
Josiah X (his mark) Hudson
Signed, sealed, and published and declared by the said Josiah Hudson, to be his last Will and Testament in the presence of us, who at his request and in his presences, and in the presences of each other do subscribe our names as witnesses thereto.
Jesse B. Lee, Jr.
Fred Jernigan.
Joel J. S. Draughorn, being duly sworn desposes and says that he is well acquainted with the handwriting of Fred Jernigan deceased, one of the subscribing witnesses to the paperwriting purporting to be the last will and testament of Josiah Hudson, deceased, which is hereto attached, dated the first day of September 1928, having often seen him write and that the name of Fred Jernigan, deceased, subscribed as a witness to the said will is the genuine hand writing of the said Fred 0. Jernigan.
Joel J. S. Draughorn.
Subscribed to and sworn before me, this
12th day of January, 1933.
Jno. B. Williams.
IN THE SUPERIOR COURT
North Carolina
Sampson County
IN THE MATTER OF THE WILL OF JOSIAH HUDSON, DECEASED
The paper-writing hereto attached and purporting to be the last will and testament of Josiah Hudson deceased, is exhibited before the undersigned clerk of the Superior Court of Sampson County North Carolina, by Haywood Dixon, the executor therein named, and thereupon the following proff thereof is taken by the oath and eximaniton of Jesse B. Lee, Jr. and the Subscribing witness, thereto as follows:
NORTH CAROLINA, SAMPSON COUNTY
Jesse B. Lee, Jr. being duly sworn, depose and say, and each for himself deposes and says, that he is a subscribing witness to the
paper-writing now shown purporting to be the last Will and Testament of Josiah Hudson and that he saw him execute this writing as his last will and testament, and that affiant attested it in the presence and at the request of said Josiah Hudson deceased; and that at the time of its execution said Josiah Hudson was, in affiants openion, of sound mind and desposing memory.
J.B. Lee, Jr.
Severally sworn and subscribed before me,
this 12th day of January, 1933.
Jno. B. Williams, Clerk of Superior Court of Sampson County.
And thereupon it is considered and adjudged by the Court that the said paper-writing and every part thereof is the last will and testament of Josiah Hudson deceased, and it is ordered that the same with the foregoing exminatiom and this certificate, be recorded and filed.
Jno. W. Williams.
Clerk of Superior Court of Sampson County
This the 12th day of Jan. 1933.
[Note: Although the above Will bequeaths land to Ollen and Casper, no records of such transactions --whether given, boughten, or sold-- have been found]