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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 trew 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 wonce to die and do therefore put my last will and testament in wrightin therfore and first of all I give and recommend my Soul into the hand of the almity God that gave it and for my body I commend unto the Earth to be buried in a Christian like manner att the Discression of my Exetrs nothing doubting But att the general Resurrection I Shall Resive the Same -- and foust [first] of my Disier is that all my lawfull depts be paid and as touching of my worly estate I give as in maner and forme following: Imprimis
Item: I give and bequeth unto my eldest son Samuel MIDYETT one hundred Eakers of Land lying and being on the South Side of Albemarle Sound alway Call his one [own] to him his heirs and asigns for Ever and futhermor I give unto my son Samuel sail cloth anouf to furnish his canneua [canoe] with one Sute of sails to him and his heirs for Ever.
Item I give and bequeth unto my son John MIDYETT one grate pereoarger and and [sic] sails that belong to her and a Small Cornua [canoe] that towes after her to him and his heirs and asines for Ever and fouthermore I give my son John one hamack on this Iland that has always gon by the name of Johns hamack for a prilavage of a stock to him and his heirs and assines.
Item I give and bequeth unto my son Josepth MIDYETT that part of the Iland whereon he now lives to him and his heairs or asines for Ever and Like wise
andI give to my son Josepth one old connue called The Seaflower to him his heirs or asines.
Item I give and bequeth unto my Defters ann MIDYETT Cateran MIDYETT Judy MIDYETT, and Dinah MIDYETT Each and Every one of them a fether bed to them and their hears or asins for Ever.
Item I give and bequeth to my son,Samuel MIDYETT that part of the Iland whereon he now lives to him his heirs or asines for Ever and I give to my youngest Daufters Each of them the foust [first] two maire colts that is raised out of my stock to them and their heairs for Ever.
Item I give and bequeth to my sons Marthew MIDYETT and Thos MIDYETT this parte of Iland Wheron I now live from the Dugs Southely to them ther hears an their asines for Ever.
Item: I give my well beloved wife and my two Sons Marthew and Thomas and my younges Doafter Diner the priveleg of the Sea Side & Likwise my will and Desire is that my Son Marthew Shall not have the liberty of selling any part of the Land without he Should Com to his Sanses. Like wise I Give and bequeth to my well be Loved wife and my two Sons Marthew and Thomas and my Daufter Diner all the Rest of my movabel Estate in the house and the Rest of my Stock without to their youse and behoufe and hears for Ever and I Likwis my will and Disire is that all the Rest of my Land on the South Side of albemarle Sound may be Sold according as my Excutors see fitt and the money to be converted to the use of my well beloved wife and two sons Marthew and Thomas and my Dafter Dina to their use for Ever and Likwise my will and Desire is all my pork and pich tars Should fust be sold to purchase a negro and fouthermore I Give and bequeth to my two Sons Marthew and Thomas my two negros that I have already and that I leave to be purchased to them and their heirs and assigns for Ever. But my desire is that if my sons Marthew and Thomas Should Die without having heirs then this part of Dugs Sutherly to be Equely Devided amonkes my three Sons Samuell John and Josepth to them their heirs and assines for Ever and as to the personal Estate if they Should Die my disier is that my Sons and Deafters Should have it Equilily Divided amonkist them.
I Do hare apointe [rest of this line is torn] John, and Josepth to be my hole and lawfull exetrix and excuters and I do hare acknolege this to be my Last will and testament and do make void
alland Disanoul all others whersom Ever they Shall apear as witness my hand and seale.
/s/ Matthew MIDYETT
Test before us the Subscribers
Josepth [His JO marke] OLIVER
Mary [her x marke] HUNTER
No Carolina} at a Court held for said Precinct at the Court house the first day of July anno Dom 1735
Present His Majesties Justices
These may Certifie that Tulle WILLIAMS one of the Subscribing Evidences to the Within will appeared in Open Court and Made Oath on the holly Evengilists that he was present and Saw Mathew MIDGETT Sign Seal and Declare the within to be and Contain his Last will and Testament and that the Said Mathew MIDGETT was then and at that time of Sound and disposing Memory and that he also saw Joseph OLIVER and Mary HUNTER signe there names thereto at the the Same time. Then also appeared Judea MIDGETT and Joseph MIDGETT Exx and Exr in open Court and took the Exers Oath in due forme of Law. Ordered by the said Court that the honble Nathl RICE Esqr Secretary of this province have notice thereon and the within Exx and Exr takeing the Oath [two words unreadable] appointed for Exx and Exrs that Letters Testamentory Issue thereon as the Law directs.
Test James CRAVEN Clk Court
[On the back is written: Letters grantd Novemr 7th 1735]
[Source: North Carolina State Archives - MARS ID: 22.214.171.1244 (folder)]
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