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Dare County Wills



John P. Midgett
Aug. 28, 1902 - Aug. 5, 1904
Will Book 1; pg. 123

In the name of God amen. I, John P. Midgett, of the County of Dare, State of North Carolina, being weak in body and of sound mind memory and understanding praise be to God for the same, Do make this my last Will and Testament in manor and form following. I give devise and bequeath unto my beloved wife Sarah G. Midgett all my Property, Real Personal and mixed of whatsoever nature or Kind and wheresoever the same shall be at the time of my death and it is my desire that all of my property that my wife, Sarah G. Midgett owns at her death both real, personal and mixed of what nature or Kind soever the same shall be at the time of her death shall go and belong to my five sons, Peleg S. Midgett, Alexander W. Midgett, Oscar S. Midgett, John D. Midgett, Jr. and Vincent G. Midgett, that each of them that may be living at the time of her death shall share alike in said property and I do nominate constitute and appoint my said wife Sole Executrix of this my last Will and Testament hereby revoking and making void all and every other Will or Wills at any time heretofore made by me and do declare this to be my last will and testament.

In witness whereof I the said John P. Midgett have hereunto set my hand this 28th day of August 1902.
    /s/ John P. Midgett

Signed, declared and published by the above named John P. Midgett as and for his last Will and Testament in the presents of us who at his request and in his presence have subscribed our names as witnesses thereto.
    Witness: George E. Gard
    Witness: James M. Midgett

State of North Carolina}    SS: In the Superior Court
         Dare County       }
    A paper writing purporting to be the last Will and Testament of John P. Midgett, deceased, is exhibited before me the undersigned Clerk of the Superior Court for said County by Sarah G. Midgett the executrix therein mentioned, and the due execution thereof by the said Sarah G. Midgett, by the oath and examination of George E. Gard and James M. Midgett, 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 John P. Midgett, that the said John P. Midgett did in the presents of these deponents subscribe his name at the end of said paper writing which is now shown as aforesaid and which bears date of the 28th day of August 1902.
    And the deponent further saith That the Said John P. 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 their names at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator.
    And this deponent further saith that at the same time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponents subscribing their names as an attesting witness thereto, as aforesaid, the said John P. 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/ George E. Gard
        James M. Midgett

Severally Sworn to and subscribed this 5th day of Aug. 1904 before me.
    /s/ Thos S. Meekins, Clerk Superior Court

North Carolina}    SS: In the Superior Court
  Dare County }
    It is therefore considered and adjudged by the Court that the said paper writing and every part thereof is the last Will and Testament of John P. Midgett deceased.  Let the said Will together with the probate be recorded and filed.  This 5th day of Aug. 1905.
    /s/ Thos S. Meekins, Clerk Superior Court

NOTE:  John Pugh Midgett, son of Little Nichodemus Midgett & Efrica Meekins, was born in Chicamacomico (present-day Rodanthe) on July 27, 1854 and died in Manns Harbor on September 2, 1903.  He married Bethany O'Neal on Dec. 25, 1872 and they had one son, Thomas O'Neal Midgett who was born in 1878 [He officially changed his name to Thomas O'Neal in 1926.].  Bethany died before the taking of the 1880 census and on July 2, 1882 John P. Midgett married Sarah Galveston Mann and they had 9 children: Pelege Spencer, Alexander Wilson, Eleanor W., Oscar Seldon, John Dammon, Vincent Guyton, Bertie E., Louvinia, and Little Nichodemus (who did not live to adulthood).  John P. Midgett's death notice appeared in The Economist Weekly on Friday, September 11, 1903 which stated: Mr. John P. Midgett of Manns Harbor died at his home last Wednesday.

This will was transcribed 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.

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