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STATE OF NORTH CAROLINA
             HYDE COUNTY 

I, Joseph H. Midyette, realizing the uncertainty of life and being of feeble health, but of sound mind, memory and judgment, do make and declare this to be my last will and testament.

First:  I give and bequeath to my sons, John D. Midyette and Enoch Columbus Midyette equally the Henry Spencer tract of land consisting of 54 acres, more or less.

Second:  I give and bequeath to my daughter, Katie Midyette, my home place, containing 32 acres, also 8 acres adjoining my Home Place.  Also all the cattle, hogs, poultry and provisions including any and all corn, one black horse and one buggy.  All the household and kitchen furniture, except one bed stead, bed and covering complete, which is to be Charlie Edward's.

Third:  I give and bequeath to my grandchildren, Ida Pearl Midyette, Mary Indianna Midyette and Columbus Midyette, equally one tract of land, known as the Armstrong land, containing 10 acres, more or less.

Fourth:  I give and bequeath to my son Charlie Edward Midyette, 19 acres of the Cox land situated and being the land on the east side of my lead ditch and joining the land of Willie Spencer, excepting the 5 acres adjoining Lake Mattamuskeet Refuge Line.  I give and bequeath to my daughters Kizzie J. Spencer and Annie Williams, to be shared equally, 19 acres of the Cox land situated and being the land on the west side of my lead ditch and joining the lands of Willie Spencer, excepting 5 acres adjoining Lake Mattamuskeet Refuge Line.

I give and bequeath to my son John D. Midyette, 5 acres of my Cox land on the west side of my lead ditch adjoining the Lake Mattamuskeet Refuge Line.  I give and bequeath to my son Enoch Columbus Midyette, 5 acres of my Cox land situated on the east side of my lead ditch adjoining the Lake Mattamuskeet Refuge Line.  It is my desire and wishes that John D. Midyett and Enoch Columbus Midyette, my sons, have a right-of-way to twelve feet on the west side of the 19 acres belonging to my son Charlie Edward Midyette land.  This is all wood land and known as the Cox tract.

Fifth:  I give and bequeath to my son John D. Midyette my one-half interest in the Fordson Tractor, and my entire interest in the grist mill and shingle saw, also one red horse.  And the remainder of my farming implements of all kinds, including wagon and carts; also one Witts engine, nine horse power, and anything not mentioned, to be shared with my three sons, John, Enoch and Charlie equally.  My desire is that if either wish to dispose of their interest mentioned in this last clause, that they shall sell to each other.

Sixth:  I give and bequeath to the heirs of my daughter, Sallie D. Smith $100.00.  I give and bequeath to my daughter Kizzie J. Spencer $50.00.  I give and bequeath to my daughter Annie M. Williams $50.00.  I give and bequeath to the children of my daughter Polly Pledger as follows:  Alton Pledger $50.00; Katie Pledger Cahoon $50.00.  I give and bequeath to my son Charlie Edward Midyette $50.00.  If there should be any cash remaining above the referred to amounts of $350.00 it is my desire and wishes that this be left to my daughter Katie Midyette.

Seventh:  I give and bequeath to my sons Charlie Edward Midyette and Enoch Columbus Midyette my one-half interest in separator.

I hereby declare this my Last Will and Testament revoking and declaring utterly void all other Wills by me heretofore.

And further, that if I should owe any debts at my death that my three sons, viz: Johnie, Enoch and Charlie are to pay them.

In witness wherefore I have hereunto set my hand and seal this 18^th day of November 1939.
   /s/ Joseph H. Midyette

Signed and acknowledged by the above testator to be his Last Will and Testament in our presence and we, each at his request and in his presence and in the presence of each other, subscribe our names as witnesses.
   /s/ M.A. Matthews
   /s/ T.A. Jennette

STATE OF NORTH CAROLINA        In the Superior Court
             HYDE COUNTY                       Probate

A paper writing purporting to be the last Will and Testament of Joseph H. Midyette, deceased, is exhibited before me, the undersigned, Clerk of Superior Court for said County, by John D. Midyette, one of the heirs at law therein mentioned, and the due execution thereof by the said Joseph H. Midyette is proved by the oath and examination of M.A. Matthews and T.A. Jennette, the subscribing witnesses 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 which is now shown him purporting to be the last Will and Testament of Joseph H. Midyette; that the said Joseph H. Midyette 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 the 18^th day of November 1939.  And this deponent further saith that the said Joseph H. Midyette, the testator aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by 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 time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, the said Joseph H. Midyette was of sound mind and memory, of full age to execute a Will, and was not under and restraint to the knowledge, information or belief of this deponent, and further, these deponents saith not.
    /s/ M.A. Matthews
    /s/ T.A. Jennette

Severally sworn and subscribed this 2^nd day of February 1940 before me.
    /s/ Wm. I. Cochran, Clerk Superior Court

[NOTE]  Joseph Henry Midyette, son of Joseph Daniel Midyett & Polly Ann Cutrell, was born in May 1855 & died Jan. 21, 1940.  He was first married to Keziah Jane Cutrell (1865-c1902)  on Sept. 30, 1881 and they had six children:
    1) Mary "Polly" Midyette was born Nov. 1882 & died before 1910.  She married Samuel T. Pledger about 1899.
    2) Sallie D. Midyette was born Nov. 9, 1888 & died Aug. 30, 1938.  She married Mayo Woodlen Smith on Mar. 26, 1904.
    3) Joseph Henry Midyette, Jr. was born Oct. 23, 1890 & died Dec. 27, 1929.  He married Alethia Payne on Mar. 9, 1919.
    4) Enoch Columbus Midyette was born May 12, 1892 & died Sept. 14, 1955.  He married 1^st Virginia D. Cutrell in 1920; 2^nd Bertha Brinn in 1953.
    5) Keziah Jane Midyette was born Sept. 6, 1894 & died Jan. 7, 1966.  She married William John Spencer on Mar. 17, 1912.
    6) Annie Mae Midyette was born July 3, 1896 & died Oct. 10, 1982.  She married 1^st William Clarence Williams on Oct. 11, 1912.

Joseph's second marriage to Arabelle Lewis (1888-1937) on July 12, 1905 produced four more children:
    1) Mary D. Midyette was born c1909 & died before 1937.
    2) John D. "Johnnie" Midyette was born Apr. 8, 1911 & died before March 1964.  He 1^st married Nellie Mae Davidson in 1934; 2^nd Emily Pearl Cartwright in 1944.
    3) Katie Midyette was born June 22, 1915 & died Feb. 11, 1974.  She married Carl Thomas Miller in 1940.
    4) Charles Edward Midyette was born Feb. 24, 1920 & died Feb. 27, 1991.  He married 1^st Sarah Elizabeth Mooney in 1937; 2^nd Myrtle Sadler in 1943; 3^rd Ruth Gibbs after 1975.

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