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Dare County Wills
I, Samuel N. Midgett, of the county of Currituck 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 Executor (herein after named) Shall pay all my just debts, howsoever and to whomsoever Owing out of the Moneys that may first come into his hands as a part and parcel of my estate.
Item 1st--I lend to my beloved wife, Elizabeth Midgett, all lands of which I am now Seized and possessed, to gether with houses, out houses and other improvements, and all personal and chattel property During her life.
Item 2st--I Give and bequeath to my Eldest Daughter, Nancy, One bed and Spinning wheel, which I some time since lent to her, to her and her personal representatives forever.
Item 3st--I Give and bequeath to my youngest Daughter, Martha, two choice cows and calves, one bed and furniture, to her and her personal representatives forever.
Item 4st --I Give and devise to My son, John W., five acres of Land whereon he now lives commencing at the corner of Martha Midgett's fence, with heirs of Hugh Gaylord Northwest line thence to the line of Daniel Meekins' heirs thence Northeasterly corner of Said Daniel Meekins' line and then to the said line of Hugh Gaylord's heirs thence to the starting point to have and to hold to him and his heirs, in fee simple forever.
Item 5st--I Give and Devise to my Grandson, Charles H. Midgett, the plantation whereon I now live together with houses, out houses and other improvements to have and to hold to him and his heirs in fee simple forever.
Item 6st--I Give and devise fifteen acres of Land lying on the west side of Roanoke Island joining the lines of Daniel Meekins' heirs, Hugh Gaylord's heirs and of Willett Mott and Croatan Sound, to my Grand Daughters namely Josephine, Mary Caroline, and Elizabeth Midgett to have and to hold to them (in equal proportion, share and share alike) and their heirs, in fee simple forever.
Item 7st--I give and devise to My Grand Son, William Walter Midgett, ten acres of land joining the aforesaid mentioned John W. Midgett's on the Northeast, within the same boundaries to have and to hold to him and his heirs, in fee simple forever.
Item 8st--I Give and Devise to My son, John W., and Grand Son, Charles H. Midgett, twelve acres of Marsh land, known as Eagle Nest situated near the land of Jesse Etheridge, Sen. to have and to hold to them (in equal proportion share and share alike) and their heirs, in fee simple, forever.
Item 9st--I Give and bequeath to my Grand Son, Charles H. Midgett, One Dark bay horse two years Old one yoke of oxen and one cow and calf to him and his personal representatives forever.
Item 10st--I Give and bequeath to my Grand Son, William Walter Midgett, one small bed to him and his personal representatives forever.
Item 11st--I Give and bequeath to my Grand Daughter, Carthenia Etheridge, one bed also I give and bequeath to my Grand Daughter, Carthenia Etheridge, the sum of twenty five dollars to be paid by my executor within two years from the time of My Death out of any Moneys belonging to my estate not otherwise Disposed of to her and her personal representatives forever.
Item 12st--My will and desire is that all the residue of my estate after My debts shall be paid if any and after taking out the devises and Legacies above mentioned be divided between my daughter, Martha son John W. and Grand Son, Charles H. Midgett in equal proportion share and share alike to them and each and Every [one] of them their executors administrators and assigns absolutely forever. And to the End that there may be a fair and Equitable portion given to each such residue after taking out the devise & legacies above Mentioned May be sold Should my Executor see fit.
And lastly, I do hereby constitute and appoint my Grand Son, Charles H. Midgett my lawful Executor to all intents and purposes 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 Samuel N. Midgett do hereunto set my hand and seal this fourteenth day of August 1868.
/s/ Samuel N. Midgett
Wit: Walter T. Dough
Daniel W. Meekins
[On the back of this document is written:
Will of Samuel N. Midgett
Approved & recorded in will docket; page 5 & 6
December 28th 1872
Wm. D. Chaddic, Probate Judge]
North Carolina } In the Probate Court
County of Dare }
The Execution of the foregoing Last will and Testament of Samuel N. Midgett was this 28th day of December 1872 proved before Me the undersigned Judge of Probate for Said county by the oath and Examination of Walter T. Dough and Daniel W. Meekins the subscribing witnesses thereto.
It is therefor Ordered and adjudged by the undersigned Judge of Probate of Dare County That the paper writing and Every part thereto is the last will and testament of the said Samuel N. Midgett and that the same be and is hereby admitted to probate as such last will and Testament & Ordered recorded in the County of Dare, N.C.
/s/ W. D. Chaddic, Probate Judge
Source: Dare Co., NC Record of Accounts (1870-1902) pg. 133 (Microfilm #C.031.50001)
An account of sales of the personal property of Samuel N. Midgett, dec'd., sold by Chas. H. Midgett, executor, on May 1, 1878. The total sale amounted to $52.64. (partial listing is below) 1 Side Board
6 Stool Chairs
1 Bedstead & Cover
1 Table Cover
1 Iron Wedge
1 Stove Pot
Amt. Allowed Martha N. Midgett
Chas. H. Midgett
Jno. Q. Homer
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.