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In the Name of God Amen.  I Benjamin Midyett, of the County of Hyde & State of North Carolina being weak in body but of sound and disposing mind and memory and considering the uncertainty of my earthly existence make declare this my Last Will and Testament in manner and form following that is to say First that my Executor hereinafter named shall provide for my body a decent burial suitable to the wishes of my relatives & friends and pay all funeral expenses together with my just debts out of that portion of my estate hereinafter designated for that purpose.

Item first I give and devise unto my dearly beloved wife Senith Midyett the tract of land and plantation whereon I now live containing fifty five acres and the plantation adjoining thereto known as the William Brooks Plantation containing fifty acres including the improvements thereon to have and to hold to her the said Senith Midyett the said described tracts of land for and during the term of her natural life in satisfaction for and in lieu of her dower and thirds of and in all my real estate.

Item Second I give and bequeath to my said beloved wife Senith Midyett the following named property to wit One negro man named George one negro man named James negro woman named Sidney and her child named Hannah negro woman named Hetty and negro woman named Leah.  All of my house hold & kitchen furniture one mare & buggy and harness one cart all my stock of cattle and hogs all the poultry and all the provisions of every kind and description that may be on hand at the time of my death to her her heirs and assigns forever.

Item third I give and devise to my Daughter Mary L. Midyett wife of Warren Midyett after the death of my beloved wife Senith Midyett the land and plantation whereon I now live containing fifty acres it being the land I purchased from Benj. O'Neal & Oliver O'Neal to have and to hold to her and her heirs in fee simple forever.

Item fourth I give and bequeath to my said Daughter Mary L. Midyett one negro girl named Bess to her her heirs and assigns forever.

Item fifth I give and devise to my Daughter Susan L. Robinson wife of Jared D. Robinson after the death of my beloved wife Senith Midyett one half of the tract of land and Plantation I purchased from Caleb F. Brooks known as the William Brooks land said half to be laid off on the South side of said tract by raising a line East & West through the center thereof to have and to hold to her & her heirs & in fee simple forever.

Item Sixth I give and bequeath to my said Daughter Susan L. Robinson one negro girl named Leah to her and to her heirs and assigns forever.

Item Seventh I give and devise to my Daughter Susan L. Robinson wife of Jared Robinson one half of the tract of land containing eighty acres which I purchased from William Hodge said half to be laid off on the South side of said tract by runing a line East & West through the center thereof to have and to hold to here and her heirs in fee simple forever.

Item Eighth I give and devise to my Daughter Emmy C. Pugh wife of Thomas P. Pugh one half of the tract of land and Plantation I purchased from Caleb F. Brooks known as the William Brooks land said half to be laid off on the North side of said tract.  I also give and devise to my said Daughter Emmy C. Pugh one half of the tract of land I purchased from William Hodge containing eighty acres.  Said half to be laid off on the North side of said tract to have and to hold the one half of said tract to her and her heirs in fee simple forever.

Item Ninth I give and bequeath to my Daughter Emmy C. Pugh wife of Thomas P. Pugh one negro girl named Ann and one negro girl named Edney to her and to her heirs and assigns forever.

Item Tenth All the residue of my estate of every kind and description not herein devised and bequeathed after payment of all my just debts and funeral expenses I give and devise to my three Daughters Viz Emey C. Pugh Susan L. Robinson and Mary L. Midyett to be equally divided between them share and share alike to them the said Emmy C. Pugh Susan L. Robinson and Mary L. Midyett their heirs and assigns forever.  It is my request that the negro slaves divided in the tenth item or bequeath of this my Will should not be sold to effect a division.

And lastly I do hereby constitute and appoint my beloved sons in law Thomas P. Pugh Jared Robinson and Warren Midyett my lawful Executors to execute this my Last Will and testament according to the true intent and meaning of the same.

In testimony whereof I the said Benjamin Midyett do hereunto set my hand and seal this 21st day of July A.D. 1860.
    /s/ Benj. Midyett    (Seal)

Signed sealed published & declared by the said Benj. Midyett to be his Last Will and Testament in presence of we who at his request & in his presence & in the presence of each other do subscribe our names as witnesses thereto.
    /s/ W.W. Spencer
         Saml. M. Pugh

Hyde County Sessions)
     Feby Term 1862     )
    Then was the within and foregoing paper writing purporting to be the Last Will and testament of Benjamin Midyett, decd., exhibited for probate in open Court by Thos. P. Pugh and J.D. Robinson two of the Executors therein named and the due execution thereof by the said Benjamin Midyett is proved by the oath and examination of W.W. Spencer one of the subscribing witnesses thereto.  It is thereupon considered by the Court that the said paper writing and every part thereon is the Last Will and Testament of the said Benjamin Midyett and the same is ordered to be recorded and filed.  And thereupon the said Thomas P. Pugh and J.D. Robinson Executors as aforesaid duly qualified as such by taking the oath required by law.
    /s/ W.W. Spencer, Clerk

This will was contributed 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. Thank you!

© 2010 Kay Midgett Sheppard