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In the nam[e] of God Amen.

I, Little John Midyett, being of Sound mind and memory but knowing the uncertain of my earthly existance do make this my last will and testament (viz)

my will and desire is after paying my Just debts out of my crop stock and provision on hand and that deficintcy which it may lack of paying my debts that my Executors Sell of my lands and tenements enough to pay all my debts observing to keep for my wife and Family out of the crop stock and provis[ions] aforesaid a sufficient for one years support.  then my will and desire is that the residue of my property both personal and real Estate to be equally divided between my wife and children.  and I wish it further understood that whereas I now hold deeds and bills of Sale for the property of Wallis Stow the payment of certain notes and accounts.  my desire is that my Executors after receiving the full amount of the debts due me from Walis Stowe and its lawful Interest that they release the property of said Walis Stow.

I appoint by this my last will and Testament Frederick J. Roper Samuel L. Midyett and my wife, Jane Midyett, my lawful Executors to all intent purpose.  Signed Sealed and published in the presance of us Oct. 29, 1846.
    /s/ L.J. Midett
            William D. Ballance
            Walis [x] Stow

November Term 1846
    Frederick S. Roper and Samuel L. Midyett executors named in a paper writing purporting to be the last will and testament of Little John Midyett, dec'd., come into and offered for probate the said paper writing and it appearing to the court upon the oath of William D. Ballance one of the subscribing witnesses thereto that the said paper writing was signed sealed published and declared by the said L.J. Midyett to be and contain his last will & testament in the presence of the said witness and also in the presence of Wallace Stow the other subscribing witness thereto & at the time thereof that he was of sound and disposing mind and memory & that he did it fully without compulsion.  It is considered by the court that the said paper writing is properly proved and that the same be & stand as the last will & testament of the said L.J. Midyett & that it be recorded at the same time F.S. Roper & S.L. Midyett having qualified as executors thereto.  It is ordered that letters testamentory issue to them.  /s/ R.M.G. Moore, Clk.

Records pertinent to this will--

Hyde Co., NC Deed Bk. Z; pgs. 278
    Apr.  9, 1841 - Wallace Stow of Hyde County sold to Little John Midyett of Hyde Co., for $500.00, a tract of land whereon said Wallace Stow now lives, it being the land which said Stow bought of William Hill, containing 50 acres

Hyde Co., NC Deed Bk. 1; pgs. 296-297
    Feb. 17, 1844 -  Little John Midyett and his wife Jane, sold to Frederick S. Roper, for $1260.00, a tract of land in Hyde County on Mattamuskeet "...it being an undivided tract of land that Walis Stow and Elizabeth Spencer bought of William Hill..." adjoining Allen Burrus, the heirs of Seth Gibbs and the heirs of Isiah H. Spencer, containing 60 acres.  /s/ L.J. Midgett, Jane [x] Midyett

Hyde Co., NC Deed Bk. 2; pgs. 241-242
    March 18, 1847 - Frederick S. Roper & Little Samuel Midyett of Hyde County, executors of the last will of Little John Midyett, sold to Christopher Spencer, for $711.00, tracts of land in Hyde County which was the property of Little John Midyett "...it being the undivided interest in 60 acres which L.J. Midyett had in 110 acres purchased by Wallis Stow and Elizabeth Spencer from William W. Hill as tenants in common and conveyed by them in a deed of gift to Jane Stow and by Little John Midyett & wife Jane to Frederick S. Roper and reconveyed by F.S. Roper to Little John Midyett.  /s/ F.S. Roper; L.S. Midyett.  Witnesses: George A. Selby and William Sadler

Hyde Co., NC Guardian Papers - "High Tides, Spring 1993; pg. 11 & 13
    Edward L. Mann
        Oct. 17, 1847 - Summons for Frederick S. Roper & Samuel Midyett, administrators of Little John Midyett, to answer Samuel Mann, guardian

    Elizabeth J. & William Wallace Midyett
    June 1, 1847 - $7000 guardian bond signed by Samuel M. Mann, guardian to William W. & Elizabeth Midyett, William W. Spencer & Marcus Swindell.
    Guardian accounts by Samuel M. Mason [sic], guardian to William Wallace Midyett 1847-1850; 1849 (1/2 from F.S. Roper and Little Samuel Midyett, adm'r of Benj. Midyett, dec'd.; 1850 (1/2 from F.S. Roper and Little Samuel Midyett, Exe'r. of Little John Midyett, dec'd.
    Nov. 25, 1850 - $2000 guardian bond signed by Little Samuel Midyett, guardian to W.W. & Elizabeth J. Midyett
    1851-1852 - Guardian accounts by Little Samuel Midyett, guardian to William W. Midyett (received from Samuel M. Mann, guardian to William W. Midyett, 1/2 hire of Joshua & Nancy and 1/2 hire of Luke
    1851-1853 - Guardian accounts of Elizabeth J. Midyett by Little Samuel Midyett, guardian
    1853-1854 - Guardian accounts by F.S. Roper, guardian to William W. Midyett
    1853 & 1855-1856 - Guardian accounts of Little S. Midyett, guardian to Elizabeth J. Midyett
    1856-1858 - Guardian accounts by L.S. Midyett, guardian to W.W. Midyett

Hyde Co., NC Court Minutes
Nov. Term 1850 - Petition of Little Samuel Midyett shows that Samuel M. Mann was appointed guardian to William W. Midyett and Elizabeth J. Midyett, infant children of Little John Midyett, dec'd., and as such guardian received into his possession all the estate of his said wards which consists of cash, notes and negors; that Samuel M. Mann has resigned as guarding which we accepted.  Your petitioner has been appointed guardian in his stead and is entitled to all the estate of said wards and asks the court to summon Samuel M. Mann to court to account and report the amount due from him.

May Term 1866 - Petition of Little Samuel Midyett in right of his deceased wife, Jane, Thomas L. Gibbs and his wife Elizabeth, and William W. Midyett.  They show the court that Little John Midyett died about 1846 having first made his will and giving to his wife, after payment of debts, a sufficient year's provision and all the rest of his real estate to be equally divided between his wife Jane and his two children, Elizabeth Gibbs & W.W. Midyett.  They further show that Little Samuel Midyett has intermarried with Jane Midyett and had by her children born alive and entitled to her 1/3 of said lands and that Elizabeth had intermarried with Thomas L. Gibbs.  Said land lies on Far Creek adjoining the lands of the Samuel Spencer heirs on the west, Thomas L. Gibbs on the east, Little Samuel Midyett on the southwest and the waters of the Creek on the northeast, containing 80 acres.  He asks the court to appoint 5 commissioners to effect a division of said land.

Aug. Term 1866 (Aug. 6) - Commissioners met to divide and make partition between L.S. Midyett, William W. Midyett and Elizabeth Gibbs, wife of Thomas L. Gibbs, tenants in common of the lands descended and devised to them by the last will and testament of Little John Midyett.
    Lot #1 - Assigned to L.S. Midyett and contains 26^2/3 acres and valued at $560.00
    Lot #2 - Assigned to William W. Midyett and contains 26^2/3 acres and valued at $580.00
    Lot #3 - Assigned to Elizabeth Gibbs, wife of Thomas Gibbs, and contains 26^2/3 acres (no value listed).
Lot #1 is to pay Lot #2 the sum of $40.00
    /s/ Thos. M. Davis
        Peters P. Spencer
        Noah S. Sadler

Hyde Co., NC Deed Bk. 9; pgs. 207-208
    Oct. 10, 1866 - Thomas L. Gibbs & his wife Elizabeth J. Gibbs of Hyde County, sold to William Wallace Midyett, for $300.00 "all our undivided interest in 2 tracts of land in Hyde County, viz: the said Elizabeth J. Gibbs' undivided interest, it being about 6^3/8 acres in the lands of Jane Midyett, her deceased mother, the said lands lying on the south side of Far Creek adjoining W.W. Spencer on the east, Far Creek on the south, William Wallace Midyett on the west and Little Samuel Midyett on the north.  Also the said Elizabeth J. Gibbs' undivided interest in about 12 acres in the lands of Wallace Stow, her deceased grandfather, said lands lying on the east side of the main road leading from Far Creek to Middleton adjoining the lands of Robert M. Burrus, Benjamin F. Gibbs and his wife Moselle, and others.  /s/ Thomas L. Gibbs, Elizabeth J. Gibbs

[NOTE: Little John Midyett, son of Benj. Franklin Midyett and Susannah H. "Susan" (Gibbs) Midyett was born Mar. 30, 1816 and died in Nov. 1846.  He married Susan Jane Stow about 1837 and they had 2 children: Elizabeth Ann Jones Midyett (1838-1918) & William Wallace Midyett (1840-1915).  After Little John's death, Susan Jane married Little John's brother, Little Samuel Midyett (1825-1882)]

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