Return to Currituck Co.
Currituck County Wills
March 5, 1881 - March 3, 1885
In the name of God Amen. I, E.B. MIDGETT, being of sound and disposing mind and body do make this to be my last will and testament as follows, that is to say) I desire that my body may be burried according to the wishes of my family and executor hereinafter named, and I direct that all of my just debts may be paid out of my estate as soon after my decease as many be convenient, out of such of my estate as my executor may deem best.
Item first: I give and bequeath to my little daughter, Elizabeth MIDGETT, one dark filly known as Doll, and all of her increase to her and her heirs forever.
Item Second - I loan unto my dear wife E.M. MIDGETT, in testimony of my sincere regard and affection for her, all the balance of my estate real & personal consisting of lands - house hold & kitchen furniture, farming utensils, stock of all descriptions and every species of property that I may die possessed of, to have full control of the same, for her maintenance, benefit and comfort, during every year of her natural life, that she shall continue my widow - but no longer.
Item third - After the death of my said wife, I give and bequeath the property loaned in the second item to all of my children to be divided in equal shares between them, to them and their heirs forever. But in case my wife or widow, E.M. MIDGETT, should marry then in that case I give and bequeath to her out of the said property so loaned to her in the second item, a share equally with each of my children, that is to say, a child's part.
And I do hereby nominate and appoint my friend Josephus BAUM to be my executor of this my last will and testament.
And I do hereby revoke and make void all former wills by me made and do hereby declare these presents to be and contain my last will and testament.
In witness whereof I the said testator, E.B. MIDGETT, have to this my last will subscribed my name and affixed a seal thereto this the fifth day of March A.D. 1881.
/s/ E.B. MIDGETT Seal
Signed, sealed, published and declared by the testator E.B. MIDGETT as and for his last will and testament in the presence of us, who in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as witnesses.
Recorded & filed - See Will Book No. 5; pages 114 & 155
State of North Carolina} Before H.B. ANSELL, Clerk
Currituck County } Superior Court
A paper writing purporting to be the last will and testament of E.B. MIDGETT, Decd., is exhibited for probate before the undersigned Clerk of the Superior Court by Josephus BAUM the executor named therein and the execution thereof by the said E.B. MIDGETT, by the oath and examination of J.H. DOZIER & J.L. MORRISETT subscribing witnesses thereto. It is therefore adjudged by the Court that the said paper writing and every part thereof is the last will and testament of the said E.B. MIDGETT and the same is ordered recorded and filed.
And thereupon the said Josephus BAUM, executor aforesaid duly qualified as such by taking the oath prescribed by law. March 3d 1885
/s/ H.B. ANSELL, Clerk Superior Court
Recorded & filed March 9th 1885.
State of North Carolina} SS. In the Superior Court
Currituck County }
I, Josephus BAUM, do solemnly swear or (affirm) that I believe this writing to be and contain the last will and testament of E.B. MIDGETT deceased; and that I will well and truly execute the same by first paying his debts and then his legacies, as far as the said estate shall extend, or the law will charge me; and that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me, and according to law, so help me God.
/s/ Josephus BAUM
Sworn and subscribed before me, this 3d day of March 1885.
/s/ H.B. ANSELL C.S.C.
PROBATE OF WILL
State of North Carolina } SS. In the Superior Court
Currituck County }
A paper writing purporting to be the last will and testament of E.B. MIDGETT, deceased, is exhibited before me, the undersigned, Judge of Probate for said County, by Josephus BAUM the executor therein mentioned, and the due execution thereof by the said E.B. MIDGETT [is proved] by the oath and examination of Joseph L. MORRISETT and J.H. DOZIER the subscribing witnesses thereto; who, being duly sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of E.B. MIDGETT; that the said [blank] in the presence of this deponent, subscribed his name at the end of said paper-writing, which is now shown as aforesaid, and which bears date of the 5 day of March 1881.
And the deponent further saith, that the said E.B. MIDGETT the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by him and exhibited, to be his last will and testament, and this deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto, and at the request and in the presence of said testator. And this deponent further saith, that a the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said E.B. MIDGETT was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent: And further these deponents say not.
/s/ J.L. MORRISETT Seal
J.H. DOZIER Seal
Severally sworn and subscribed this 3d day of March 1885 before me.
/s/ H.B. ANSELL,
[Source: Microfilm G.030.1548672 - Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse]
[NOTE: My personal research of the Midgett family shows that E.B. Midgett was Edward Baum "Neddie" Midgett, son of John Mann Midgett and Nancy Baum. Edward was born Oct. 15, 1821 and died Feb. 4, 1885. His wife was Elizabeth Baum [listed as E.M. in will], daughter of Josephus Baum and Elizabeth Mercer. Elizabeth was born April 11, 1834 and died April 3, 1901. Edward and Elizabeth had 5 known children, Mary Elizabeth (1869-1934) being the youngest and named in the above will. The other 4 children not named in the will were: Riley B. Midgett (1855-1883 shot and killed on his honeymoon near Ballinger, Texas); Alma Baum Midgett (1857-1923); Ida L. Midgett (1861-1911); Ella B. Midgett (1864-1911). Josephus Baum, the executor named in this will, was Elizabeth's brother.] kms
This will was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2006 Kay Midgett Sheppard