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L.N. [Louis Napoleon] Midgett
July 31, 1920 - Jan. 12, 1938
Will Book 1; pg. 306

North Carolina}
  Dare County }
I, L.N. Midgett, of Dare County, North Carolina, being of sound mind and memory, do hereby make, publish and declare this my last will and testament, hereby revoking all wills and testaments by me previously made.

First: It is my will and desire that my executors, hereinafter named, give my body a decent burial, suitable to the wishes of my surviving relatives, and shall pay the expense of the same, with all my just debts, outs of the first moneys of my estate that may come into their hands.

Second: I give and devise to my three sons the entire body or tract of land upon which I now live, as follows; to my son, Marcus L. Midgett, one-third in value of said tract to include that part upon which he now lives and the cleared land adjacent to his residence; to my son, Lionel E. Midgett, one-third in value of the said tract to include the part upon which he now lives and the land he has cleared adjacent thereto and to my son Robert P. Midgett, that part of said land upon which I now reside and the cleared land adjacent thereto, to have and to hold to my said three sons, in fee simple, subject to the following conditions: it is my will and desire that all of the said tract of land be divided into three shares equal in value without taking in consideration the value of any buildings or improvements upon said land or any part thereof, said division to include the field across the road from my residence and the respective shares be allotted and set apart to my three sons as above set forth, and in the event they shall be unable to agree among themselves as to such division by metes and bounds, the same shall be allotted and set apart by three disinterested persons, one of whom shall be selected by each of my said three sons, said three persons to allot and set apart to each of my said sons his share of said land, including the field, as above set forth. it is my will and desire that none of my said sons shall sell or in any manner dispose of his interest in said land until the same shall have been allotted and set apart to him as above designated, and it is also my will and desire that in the event any of my said sons die without issue the surviving widow of such son, if he leave a widow, shall have the use and occupancy of the part of said land set apart to such son for her natural life, and at the death of such widow the share of such son dying without issue shall go in equal shares to my heirs-at-law.

Third: To each of my four daughters, Bettie B. Guthrie, Mary C. Gibbs, Eva Jennett and Ina Cudworth, I give and bequeath the sum of three hundred dollars, to be paid by my executors out of such money or property as I may leave at my death that has not hereinbefore been devised to my three sons in paragraph two of this instrument.

Fourth: To my beloved wife, Magdalena Midgett, I give and bequeath the sum of five hundred dollars in addition to her dower interest in my land and the amount provided by law for her as a year's support, said sum of five hundred dollars to be paid to her by my executors out of any money of my estate not already devised or bequeathed in paragraphs two and three of this instrument.

Fifth: I hereby give and bequeath any and all property of which I may die seized or possessed, not disposed of in the preceding paragraphs to my children above named in equal shares, and in the event of the death of any of my said children leaving issue, to the issue of such child or children, said issue to have the proportionate part as the said parent of such issue would receive if living, and in the event any of the legatees or devisees herein named shall refuse to abide by the terms of this instrument or shall undertake to contest the same, it is my will and desire that such legatee or devisee forfeit all interest in any of the property herein devised or bequeathed, the share of such legatee or devisee to be divided equally among the other legatees and devisees.

Sixth: I hereby constitute and appoint Marcus L. Midgett, Lionel E. Midgett and Cecil Gutherie executors without bond of this, my last will and testament, for the purpose of effectuating it's provisions, and in the event any of my children shall be less than twenty-one years of age at my death, it is my will and desire that my said executors shall serve as guardian without bond for the same during minority.

In witness whereof I have hereunto set my hand and seal this the 31st day of July 1920.
/s/ L.N. Midgett

Signed, sealed, published and declared by L.N. Midgett to be his last Will and Testament in our presence, who in his presence and at his request and in the presence of each other do hereunto sign our names as subscribing witnesses thereto, on this July 31st, 1920.
    Theo. S. Meekins
    B.G. Crisp

North Carolina}    In the Superior Court--Before the Clerk
  Dare County }

In the Matter of the Will of L.N. Midgett, deceased.
    A above writing hereto attached and purporting to be the last will and testament of L.N. Midgett, deceased, is exhibited before the undersigned Clerk of the Superior Court of Dare County, North Carolina, by Lionel E. Midgett, one of the executors therein named, and thereupon the following proof thereof is taken by the oath and examination of Theodore S. Meekins, one of the subscribing witnesses thereto, and of Melvin R. Daniels as follows:  Theodore S. Meekins, being duly sworn, deposes and says that he is a subscribing witness to the said paper-writing now shown here, purporting to be the last will and testament of L.N. Midgett, and that he saw L.N. Midgett execute this writing as his last will and testament, and that affiant attested it in his presence and at the request of said L.N. Midgett, deceased; and that at the time of its execution the said L.N. Midgett was, in affiant's opinion, of sound mind and disposing memory.  Affiant further swears that B.G. Crisp, the other subscribing witness to said will signed the same as a witness in the presence of affiant and that affiant saw him sign the same, and that said B.G. Crisp is now dead.
    /s/ Theo. S. Meekins

Sworn to and subscribed before me this 12 day of January, 1938.
    /s/ C.S. Meekins, Clerk Superior Court-Dare County

Melvin R. Daniels, being by me duly sworn deposes and says that he is well acquainted with the handwriting of B.G. Crisp, one of the subscribing witnesses to the paper writing purporting to be the last will and testament of L.N. Midgett, deceased, which is hereto attached, dated July 21, 1920, having often seen him write, and that the name of the said B.G. Crisp subscribed as a witness of the said will is in the genuine handwriting of the said B.G. Crisp; and affiant further swears that he is well acquainted with the handwriting of L.N. Midgett, deceased, whose will the attached paper writing, dated the 31st day of July, 1920 purports to be, having often seen him write, and that the name of the said L.N. Midgett subscribed to said will is in the genuine hand writing of the said L.N. Midgett.
    /s/ Melvin R. Daniels

Sworn to and subscribed before me this 12 day of January, 1938.
    /s/ C.S. Meekins, Clerk Superior Court-Dare County

And thereupon it is considered and adjudged by the Court that the said paper-writing and every part thereof is the last will and testament of L.N. Midgett, deceased, and it is ordered that the same, with the foregoing examination and this certificate, be filed and recorded this 12 day of January, 1938.
    /s/ C.S. Meekins, Clerk Superior Court of Dare County.

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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