Return to Hyde County
May 7, 1870 - June 23, 1873
Will: Will Bk. 11; pgs. 36-39 [Typed version transcribed in 1972 by Walter A. Credle, CSC]
Estate: NC Archives, Original estates records 1745-1904; CR.053.508.51
Know all men by these presents, that I, John Midyett of Currituck in the county of Hyde and state of North Carolina, gentlemen, being in good health and of sound and disposing mind and memory do make and publish this my last will and testament hereby revoking all former wills by me at any time heretofore made.
First: I hereby constitute and appoint William P. Midyett or John S. Midyett, my sons, one or both of them to be my sole executor or executors of this my last will, directing my sole executor or executors to pay all my just debts and funeral expenses, and the legacies hereinafter given out of my estate.
Second: After the payment of my said debts and funeral expenses I give to my son David P. Midyett the plantation on which I now live, beginning at the main road and running a southwardly direction down my land with my landing road to Tooley's Creek and then along the windings of the Creek to Henry V. Midyett's [see his estate here], deceased, line, then with said line to the main road, and then along the main road to the beginning. This I will to him with his mother, who I give a life estate on the said land, or during her widowhood except the brick house, one-half of the barn and a small lot of cleared land on the south side of the field which I give my son Robert C. Midyett. I also give to Robert C. Midyett, one tract of land beginning at David P. Midyett's corner on the main road, and running eastwardly with Wm. J. Smith's line, to a cedar post, and then a southwardly course with a ditch through the field, and then same course to Robt. Williams' north line, and then a westwardly course with Robert Williams' said line to his corner, and then with Robert Williams' line a southwardly direction to my landing road, (with an equal privilege of said road and landing), and then a northwardly course up the road to the beginning. I also desire both of them to have an equal privilege of timber on all the land. I also give them, Robert A. and David P. Midyett, all my lands below my above named lines, and Robert Williams' land. I also give Robert C. and David P. Midyett all my farming utensils and household and kitchen furniture that I have not disposed of in any other way; also the fan and the corn-sheller. I give to my beloved wife Mary, six choice cows and calves and one yoke of oxen, during her life time or widowhood, and then I desire for them and increase to go to my sons Robert C. and David P. Midyett. I also give Robert C. and David P. Midyett two cows and calves apiece. I also give Robert C. Midyett one horse. I also give my sons Robert and David my two canoes and nets.
I give to my daughter Eliza D. Midyett all my right or interest in the Hetible Bell land, also the tract of land that I formerly gave to my son Henry V. Midyett, also one bed and furniture, one table, one bureau and one big chest and one mahogany stand and one looking-glass, also two cows and calves.
I also give to my wife one mare and colt, hogs and sheep, all of them during her lifetime or widowhood, and then the mare and colt to David P., my son, and the hogs and sheep between him and Robert C., my son.
I now give to my sons Wm. P. and John S. Midyett, one tract of land lying at the head of Wysocking Creek, adjoining on the west by Selby Bonner and on the east by Riley Murry, containing about four hundred & fifty acres, also one tract, beginning at Robert C. Midyett's n.e. corner and running eastwardly to Henry Kerwan's westward line, and then southwardly with said line to his s. west corner, and then eastwardly with said line to the creek and then a southwardly direction with the various windings of the creek to Robert Williams' line, and then westwardly with said line to Robert C. Midyett's line, and then a northwardly direction with said line to the beginning. I also give them the balance of my cattle at my decease after my just debts are all paid.
I now give to John T., Son of William P. Midyett, my right in the Ridge Academy.
In testimony whereof I hereunto set my hand and seal, and publish and declare this to be my last will and testament in the presence of the witnesses named below, this the seventh day of may, in the year of our lord, one thousand eight and seventy.
/s/ John Midyett
Wit: H. Farrow
State of North Carolina} In the Probate Court
Hyde County }
A paper purporting to be the last Will and Testament of John Midyett, dec'd, is exhibited before me, the undersigned, Judge of Probate for said County, by H. Farrow, and the due execution thereof by the said John Midyett, by the oath and examination of H. Farrow, the subscribing witness thereto, who being duly sworn, doth depose and say that he is a subscribing witness to the paper writing now shown him porporting to be the last Will and Testament of John Midyett. That the said John Midyett in the presence of this deponent subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bear date of the 7th day of May 1870. And the deponent further saith that the said John Midyett, 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 John Midyett 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, this deponent saith not.
/s/ H. Farrow
Feb. 1, 1873? - William P. Midyett signed a bond for $500.00 and was appointed administrator of the estate of John Midyett and that Wm. P. Midyett, John S. Midyett, David P. Midyett, Mary Midyett and Eliza D. Raven are heirs.
no date - William P. Midyett & others vs. Mary Midyett. The plaintiffs allege that on June 29, 1873 in Hyde County the plaintiffs and the defendant together with John S. Midyett, David P. Midyett and Eliza D. Midyett, heirs at law of John Midyett, for the purpose of carrying out the wishes of their father as expressed by him in the division of his estate, in which they bind themselves for certain good and valuable considerations. That in the writing the following clause appears "all the rest of the property of every kind and description including $54.49 in the hands of William P. Midyett and the sum of $232.80 in the hands of Mary Midyett, widow of John Midyett, shall be appropriated first to the payment of the debts of the estate and the residue , if any, shall be equally divided among the parties to this instrument and we hereby appoint William P. Midyett our agent and attorney to pay off the debts of the estate and of the property and funds embraced in the foregoing clause is not sufficient, therefore we bind ourselves to contribute our several shares of the amount required. The plaintiff further alleges that he had paid off or assumed on his own personal responsibility the entire indebtedness of the estate to the amount more than the full sum essential for the payment thereof. He further alleges that no part of said sum of $232.28 has been paid by the defendant saving & excepting the sum of $25.00 paid to the plaintiff and the further sum of 12.50 paid by her to Thomas Watson on behalf of the estate making the amount still due by her $195.30 with interest from the 30th day of June 1873. He therefore prays for a judgment of $195.30 and costs. (Judgment was rendered against the defendant for the costs.)
Oct. 2, 1876 - William P. Midyett vs. Mary Midyett. William P. Midyett, as agent for the heirs of John Midyett, complained that Mary Midyett was indebted to him by account for $197.39. Judgment for the plaintiff for $197.30 and $2.40 cost of this suit.
Record pertinent to this will & estate --
Hyde Co., N.C. Deed Book 10; Pgs. 181-183
William J. Smith, Cornelius Howard and Joseph Owens, freeholders of Hyde County, met at the Hyde Co. home of John Midyett on January 7, 1869, he having applied to take the benefit of the homestead & personal exemption, to lay off an allot to John Midyett a homestead not to exceed $1000.00 in value and personal property not to exceed $500.00. Said homestead beginning at Henry V. Midyett's line on the public road, then to Henry Kerman's line, then to Robert Williams' near the creek, then down the creek to Jermington Bay, then to the beginning, valued at $1000.00. Personal property valued at $492.50 was listed as:
1 horse $ 30.00 1 yoke oxen $ 25.25 25 head of cattle $ 60.00 10 head of hogs $ 25.00 2 carts $ 25.00 1 wagon $ 10.00 1 buggy $ 25.00 50 barrels corn $150.00 thrasher & fan $ 15.00 corn sheller $ 5.00 pork $ 50.00 3 beds $ 30.00 2 tables $ 3.00 book case $ 5.00 chairs $ 2.00 kitchen furniture $ 2.50 1 canoe $ 30.00 12 sheep $ 10.00 Total $492.50
/s/ W.J. Smith, Cornelius Howard, Jos. C. Owens
Reg: March 15, 1869
This will & estate 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