Return to Hyde County

Lake Landing, N.C. April 9, 1926
I declare this to be my last will and testament,
I, J.T. Midyette being of sound mind and disposing mind, do hereby declare this to be my last will and testament, to wit:

First I give to my beloved wife, Fronie Ellen Midyette, my entire personal estate, of every description.

Second I give to my beloved wife, Fronie Ellen Midyette, a life estate in my real estate, of every description, and at her death, I give to my children, all of my real estate of every description to share and share alike.

In allotting the above, I take into consideration that all of my children by my first wife, are either of age, or near so, and will get our Kinston property, and the children by my second wife are still to be educated, etc.
    /s/ J.T. Midyette

Lake Landing, N.C. Sept. 5, 1928
I hereby appoint my beloved wife Fronie Ellen Midyette administrator of my will.
    /s/ J.T. Midyette

NORTH CAROLINA
HYDE COUNTY
    I, J.T. Midyette, of said County and State make this Codicil to my last and only Holograph Will and testament now deposited in the sage of my friend J. Harry Swindell, near Swan Quarter, N.C.

1st, as I owe nothing and nothing is owing me that is not barred by the statute of limitation and as my burial expenses is provided for by my burial Insurance & monument to my grave also provided for by my Woodman Certificate of Life Insurance, I feel that no administration for my estate, at my death, is necessary, However, should my family, at my death, feel that an administration is necessary, I hereby appoint my daughter, Sally M. Fisher my lawful Executor to serve without bond.

2nd  I give & bequeath to my daughter Sally M. Fisher my Insurance Agency or business, & request that the Carolina Fire Ins. Co., Wilmington, N.C., and N.Y. Casualty Co. of New York, N.Y., appoint her as their Agent at Lake Landing, N.C., upon my death, as my successor.  This September 10th 1947.
    /s/ J.T. Midyette

NORTH CAROLINA        In the Superior Court before the Clerk
    HYDE COUNTY            Probate of Holograph Will
In Re: The Last Will and Testament of J.T. Midyette, deceased

A paper writing without subscribing witnesses, under date of April 9, 1926 and Sept. 5, 1928, purporting to be the Last Will and Testament of J.T. Midyette, deceased, is exhibited for probate in open Court by J. Harry Swindell with whom said Last Will and Testament was lodged for safe keeping and Sally M. Fisher, the Executrix one of the devisees and/or legatees therein named; and it is thereupon proved by the oath and examination of J. Harry Swindell that said Will was lodged with him for safe keeping until the death of J.T. Midyette.  And it is further proved by the oath and examination of three competent and credible witnesses, to wit: Bonner R. Lee, Maude Jones and Charlie J. Cahoon, that they are acquainted with the handwriting of the said J.T. Midyette, having often seen him write, and verily believe that the name of the said J.T. Midyette, subscribed to said Will, and the said Will itself, and every part thereof is in the handwriting of the said J.T. Midyette.  And it is further proved by the evidence of the three last mentioned witnesses that the said handwriting is generally known to the acquaintances of the said J.T. Midyette.  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 the said J.T. Midyett, and the same is ordered to be recorded and filed.  This 24 day of February, 1950.
    /s/ J. Harry Swindell
    /s/ Bonner R. Lee
    /s/ Maude Jones
    /s/ Charlie J. Cahoon

[NOTE]  John Thomas Midyette, Sr., son of William Payne Midyett & Nancy Jane Selby, was born May 1, 1865 and died Feb. 13, 1950.  He was first married to Eusebia Rebecca Dunn (1868-1909) in Kinston, Lenior Co., NC on June 20, 1888 and this union produced 11 children.  He married Fronie Ellen Kenny (1882-1972) on Sept. 29, 1911 and they had 3 children.

[A holographic will is one that has been entirely handwritten and signed by the testator.  Normally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdictions, holographic wills that have not been witnessed are treated equally to witnessed wills and need only to meet minimal requirements in order to be probated.]

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