Return to Hyde County

Know all men by these presents that I, Mary L. Midyette, of Mount Pleasant in the county of Hyde and state of North Carolina, considering the uncertainty of this life and being of sound mind and memory, do make, declare and publish this my last will and testament.

First:  I give and bequeath to my daughter Emma A. O'Neal, and heirs, my home stead, the dwelling and all outhouses, and improvements belonging thereto, the same being the home willed to me by my father Benjamin Midyette.  Beginning at the North West corner of said Benjamin Midyette tract thence Eastwardly course with his line and lane to a stone at the North West corner of my son William B. Midyette tract that I have deeded to him, thence Eastwardly course with his line, with said line westward course to my son J.W. Midyette, South East corner, thence Northerly course with said J.W. Midyette line to a stone at the East corner of my garden, thence west to Walls patent line to the beginning.

Second:  I give and bequeath to my son William B. Midyette, the land adjoining his land that he built on, beginning at the South-west corner of the aforesaid tract, thence Southerly course straight to Nathan B. O'Neal line, thence Eastwardly course far enough to come on a line with my son William B. Midyette Eastward line of his garden, thence Northwardly course to William B. Midyette South West corner, thence Westwardly to the beginning. 

Third:  I give and bequeath to my daughter Bettie E. Baum, a piece of land adjoining the piece of land I have deeded to Bettie E. Baum, on the South, beginning at Bettie E. Baum South west corner, thence Southwardly course straight with Bettie E. Baum line to Nathan B. O'Neal line thence Eastwardly far enough to come on a line with Bettie E. Baum East line, thence Northwardly course to Bettie Baum South East corner thence westwardly to the beginning.

Fourth:  I give to my son John W. Midyette and my daughter Clara J. Mason the balance of the tract of land not otherwise disposed of.  Beginning at the North East corner of Bettie E. Baum, thence Eastwardly course with the line and land to the North West corner of the land I deeded to my daughter Clara J. Mason, thence southwardly course to Nathan B. O'Neal North line, thence Westwardly course with said line to Bettie E. Baum South East corner, thence Northwardly course to the beginning, the same to be equally divided between W.J. Midyett And Clara J. Mason, the piece on the West side to be John W. Midyette's, the piece on the East to be Clara J. Mason's.

Fifth:  I do nominate and appoint my son John W. Midyette to be the Executor of this my Last Will and Testament.  In testimony whereof I have to this my Last Will and Testament subscribed my name and affixed my seal this __ December in the year of our Lord Nineteen Hundred and Ten.
    /s/ Mary L. Midyette

Signed, sealed and delivered by the said Mary L. Midyette as and for her last will and testament in presence of us who at her request have subscribed our name as witnesses hereto.
    /s/ D.H. Midyette (Witness)
    /s/ W.R. Good (Witness)

State of North Carolina}        In the Superior Court
         Hyde County        }
    A paper purporting to be the last Will and Testament of Mary L. Midyette, deceased, is exhibited before me, the undersigned Clerk of Superior Court for said County, by J.W. Midyette the Executor therein mentioned, and the due execution thereof by the said Mary L. Midyett, by the oath and examination of D.H. Midyette and W.R. Good, 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 now shown him purporting to be the last Will and Testament of Mary L. Midyette, that the said Mary L. Midyette in the presence of this deponent subscribed her name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the __ day of December 1910.
    And the deponent further saith that the said Mary L. Midyette, the testatrix aforesaid, did at the time of making her name as aforesaid, declare the said paper writing so subscribed by her and exhibited, to be her 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 Testatrix.
    And this deponent further saith that at the time when the said testatrix subscribed her name to the said Last Will as aforesaid, and at the time of the deponent's subscribing their names as an attesting witnesses thereto, the said Mary L. 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/ D.H. Midyette
    /s/ W.R. Good

Severally sworn and subscribed this 7^th day of August 1912, before.
    /s/ S.D. Mann, Clerk Superior Court

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