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NORTH CAROLINA
HYDE COUNTY

I Samuel Midyett of said State and County being of sound mind but considering the uncertainty of my earthly existence do make and declare this my Last Will and Testament. My executor hereinafter named shall give my body a decent burial suitable to the wishes of my relations and family pay all my funeral expenses and just debts out of the first moneys coming into his hand belonging to my estate.

2^nd I give to my wife Loadecia Midyette the tract of land whereon I now live containing (4) acres bounded on the North by the lands of James Shae East by lands of James Farrow South by the lands of John F. Midyett and West by the lands of John Fonville for her natural life in satisfaction of her dower and third of my estate.

3^rd I give to my son John F. Midyette in fee simple in the above described tract of land after the death of my wife Loadecia Midyette to have and to hold to him and his heirs and assigns in fee forever.

4^th The balance of my real estate consisting of twenty three (23) acres bounded on the North by the lands of John F. Midyette on the East by the lands of James Farrow South by the lands formerly belonging to George Credle and on the West by the lands of John Fonville I bequeath to my children Ann M. Farrow, wife of James Farrow, Annie Gibbs wife of Frank Gibbs Ben Midyette and John F. Midyett to be equally divided between them to have and to hold to them and their heirs in fee forever.

5^th I hereby appoint my son John F. Midyett my lawful executor to all intent and purpose to execute this my Last Will and Testament according to the true intent and meaning of the same.

In witness whereof I hereunto set my hand and seal this Augst. 6th 1907.
    /s/ Samuel [x] Midyett

Signed sealed published and declared by the said Samuel Midyette to be his Last Will and Testament in the presents of us who at his requeat and in hin presence do subscribe our names as witnesses thereto.
    /s/ Charlie E. Spencer, Thomas Gaskins

NORTH CAROLINA
HYDE COUNTY IN THE SUPERIOR COURT
A paper purporting to be the Last Will and Testament of Samuel Midyette deceased is exhibited before me the undersigned Clerk of the Superior Court for said County by John F. Midyette the executor therein mentioned and the due execution thereof by the said

Samuel Midyette, by the oath and examination of Charles E. Spencer one of 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 as aforesaid and which bears date of the 6th day of August 1907.
And the deponent further saith that the said Samuel Midyette, the testator aforesaid, did at the time of subscribing his name as aforesaid, declares 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.
/s/ Charlie E. Spencer
/s/ Thomas Gaskins

Severally sworn and subscribed this 14th day of Oct. 1907 before me.
/s/ Hugh J. Spencer, Clark Superior Court

[NOTE]  According to the 1900 census, Samuel Midyette was born in July 1819.  He was married at least twice, 1^st to Mahala Neal before 1854 and then to Ludicey (maiden name unk.) in about 1893.  According to her death certificate, Ludicey was born in Sept. 1850 on the Donnell Farm in Hyde Co. and died Nov. 9, 1914 in the community of Slocum.  The children mentioned in this will all appear to belong to Mahala.
    1) Ann Mariah Midyette was born March 1854 & died Oct. 27, 1925.  She married James "Jim" Farrow on Jan. 29, 1874.
    2) Ben Midyette was born May 1858.  He married Lida [maiden name unk.] about 1886.
    3) Annie (or Amy) Emma Midyette was born June 4, 1862 & died Mar. 18, 1934.  She married Frank Hasty Gibbs on Feb. 17, 1881.
    4) John F. Midyette was born Feb. 1870 & died Feb, 14, 1948.  He married Harriet Gibbs on Sept. 24, 1911.

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