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Dare County Wills

Little Banister Midgett, Sr.
Apr. 3, 1893 - June 3, 1895
Will Book 1; pgs. 96-98

In the name of God, Amen.

I, Little Banister Midgett, of the county of dare and state of North Carolina, being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament, in manner and form following, that is to say:

First: That my executors hereinafter named shall provide for my body a decent burial suitable to the wishes of my relatives and friends, and pay all funeral expenses, together with my just debts, howsoever and to whomsoever, owing out of the money that may first come into her hands as a part or parcel of my estate.

Item: I give and devise to my beloved wife the tract of land upon which I now live, together with my mansion house, all out houses and other improvements thereon and belonging thereto, to have and to hold, to her the said Doritha Midgett, for and during the term of her natural life.

Item: I give and devise to my son, John J.G. Midgett, all that tract of whereon I now live, except the life estate of my wife devised in a former item of this my will, to have and to hold, to him and his heirs, in fee simple forever.

I give and devise to my sons, Jesse E. Midgett and Edward L. Midgett, my schooner boat called the River Green at my death upon the express condition that they shall provide and furnish to my said wife all the wood and fuel necessary for her domestic use during her lifetime and pay to her one-fourth of the net earnings of the said schooner during her lifetime, to them and their heirs forever.

Item: I give and devise to my beloved wife all the residue of my personal property after paying my funeral expenses and just debts and taking out that devised in a former item, to be hers and at her disposal absolutely forever.

And lastly, I do hereby constitute and appoint my beloved wife, my lawful executor to all intents and purposes and be allowed to qualify as such executor without giving any bond to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.

In witness whereof I, the said Little Banister Midgett, Sr., do hereunto set my hand and seal this the 3rd day of April 1893.
/s/ L.B. Midgett

Signed, sealed and published and declared by the said Little Banister Midgett to be his last will and testament in the presence of us, who, at his request and in his presence, do subscribe our names as witnesses thereto.
/s/ D.M. Pugh
     R.S. Midgett, Sr.

State of North Carolina}
       Dare County         }    SS.  In the Sup. Court
    A paper writing purporting to be the last will and testament of L.B. Midgett Sr. Deceased is exhibited before me the undersigned Clerk of the Superior Court for said county by Jesse E. Midgett and the due execution thereof by the said L.B. Midgett Sr. is proved by the oath and examination of R.S. Midgett the subscribing witness thereto, who being duly sworn doth depose and say, and for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown purporting to be the last will and testament of L.B. Midgett Sr. in presence of this deponent subscribed his name at the end of said paper writing now shown as aforesaid and which bears date of the 3d day of April 1893.
    And the Deponent further saith.  That the said L.B. Midgett Sr., 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 attesting witness thereto, and at the request and in the presence of the said testator.  And this deponent further saith that at 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 L.B. Midgett Sr. 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 this deponent say not.
    /s/ R.S. Midgett

Severally sworn and subscribed before me this 3d day of June 1895 before me
    /s/ J.B. Jennett, Clerk Sup. Court

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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