Matthew Midyett Will
Dec. 21, 1734
In The Name Of God Amen: Ye 21st day of December Anno 1734.
I, Marthew Midyett, of Body Island, that is, county of Albemarle, being very sick and weak of body but of true and perfect mind and memory, thanks be to the almighty god for it: and calling to mind the mortality of my body that it is appointed for all men once to die and do therefore put my last will and testament in writing: therefore and first of all, i give and recommend my soul into the hand of the almighty god that gave it: and for my body, I commend unto the earth to be buried in a christianlike manner at the discretion of my executors, nothing doubting but at the general resurrection I shall receive the same again, and first of my desires is that all my lawful debts be paid and as touching of my wordly estate. I give as in manner and form following:
Imprimis: Item: I give and bequeath unto my eldest son Samuel Midyett, one hundred acres of land lying and being on the south side of Albemarle Sound, always called his own, to him and his heirs and assigns forever. And futhermore, I give unto my son Samuel, sail cloth, enough to furnish his canoe with one suit of sails, to him and his heirs forever.
Item: I give and bequeath unto my son, John Midyett, one great pereoarger and sails that belong to her and a small canoe that tows after her, to him and his heirs and assigns forever. And furthermore, I give my son John, one hammock on this island that has always gone by the name of "John's Hammock", for a prilavage of a stock, to him and his heirs and assigns.
Item: I give and bequeath unto my son, Joseph Midyett, that part of the island whereon he now lives, to him and his heirs or assigns forever. And likewise, I give to my son, Joseph, one old canoe called "The Seaflower", to him and his heirs or assigns.
Item: I give and bequeath unto my daughters, Ann Midyett, Catherine Midyett,Judy Midyett, And Dinah Midyett, each and everyone of them, a feather bed, to them and their heirs or assigns forever.
Item: I give and bequeath to my son, Samuel Midyett, that part of the island whereon he now lives, to him and his heirs or assigns forever, and I give to my youngest daughters, each of them, the first two mare colts that is raised out of my stock, to them and their heirs forever.
Item: I give and bequeath to my sons, Matthew Midyett and Thomas Midyett, this part of the island whereon I now live, from the Dugs Southerly, to them and their heirs or their assigns forever.
Item: I give unto my well beloved wife and my two sons, Matthew And Thomas, and my youngest daughter, Dinah, the priviledge of the seaside, likewise my will and desire is that my son, Matthew, shall not have the liberty of selling any part of the land without he should come to his senses, likewise, I give and bequeath unto my well beloved wife and my two sons, Matthew and Thomas and my daughter, Dinah, all the rest of my movable estate in the house and the rest of my stock without, to their use and behalf, to their heirs forever, and I likewise, my will and desire is that all the rest of my land on the south side of Albemarle Sound may be sold according as my executors see fit and the money to be converted to the use of my well beloved wife and two sons, Matthew and Thomas, and my daughter, Dinah, to their use forever, and likewise, my will and desire is all my pork and pitch tars should first be sold to purchase a negro, and futhermore I give and bequeath to my two sons, Matthew and Thomas, my two negros that I have already and that I leave to be purchased, to them and their heirs and assigns forever. But my desire is that if my sons, Matthew and Thomas, should die without heirs then this part of Dugs Southerly to be equally divided amongst my three sons, Samuel, John, and Joseph, to them and their heirs and assigns forever and as to the personal estate, if they should die, my desire is that my sons and daughters should have it equally divided amongst them. I do here appoint my well beloved wife, Judea Midyett, and my three eldest sons, Samuel, John, and Joseph, to be my sole and lawful executrix and executors.
And I do here acknowledge this to be my last will and testament and do make void and disannul all others wheresomever they shall appear, as witness my hand and seal.
Test Before Us The Subscribers Matthew Midyett
Joseph [His Mark] J. Oliver
Mary [Her X Mark Hunter
Letters Issued 7th Day of Nov 1738 to Judith Midyett & Joseph Midyett, Exrs.
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© 2009 by Marla Beasley