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Dare County Wills

Benjamin O'Neal
May 24, 1916 - July 22, 1916
Will Book 1; pg. 216

State of North Carolina}
      Rodanthe, NC       }    May 24th day in year of our Lord 1916.

I, Benjamin O’Neal as my last Will do bequeath to Mrs. Susan Midyett all of my Estate to  hold and do by as her own for the maintenance of myself and my son D.W. O’Neal in our last sickness of our lives to our death.

This is my last will and testament whereunto I set or make my mark or seal.
    /s/ Benjamin O’Neal {Seal}

Witness Joseph Midyett
             A F Midyett

State of North Carolina}       In the Sup. Court
         Dare County       }
    A paper writing purporting to be the last will & testament of Benjamin ONeal deceased is exhibited before me the undersigned clerk of the Superior Court for said County, by Susan T. Midyett as the executor therein mentioned, and the due execution thereof by said Susan T. Midyett, by the oath and examination of Joseph Midgett & A.F. Midgett the subscribing witness 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 Benjamin Oneal, that the said Benj. Oneal in the presence of this deponent subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bears date: of 24 day of May 1916.
    And this deponent further saith; that the said Benjamin Oneal, the testator aforesaid, did, at the time of subscribing his name as aforesaid declared the said paper writing so subscribed to 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 an attesting witness thereto, and at the request and in the presence of 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 that at the time of the deponents subscribing his name as attesting witness thereto, as aforesaid, the said Benjamine ONeal was of Sound mind and memory, was of full age to execute a will, and was not under any restraints to the knowledge, information, or belief, of this deponent:  and further these deponents say not.
    Joseph Midgett
    A.F. Midgett

Severally Sworn and Subscribed this 22 day of July 1916 before me.
    R.M. Jennett, C.S.C

North Carolina}
  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  Benj. Oneal deceased; let said will together with the probate be recorded and filed.  This 22 day July 1916.
    R. M. Jennett, C.S.C.

NOTE: Susan T. Midgett [Susannah Thomas] was the wife of Abraham Franklin Midgett, one of the witnesses to this will.  The other witness, Joseph Midgett, was Susan's brother.  Both were children of Watson Lewis Midgett and Mary Louisa Ann (O'Neal) Midgett.

This will was transcribed by Marla Beasley. 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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