Return to Hyde County

Dec. 12, 1882 - Benja. J. Midyett, being sworn, states that L.S. Midyett, late of Hyde County, is dead without leaving a Will or Testament and that he is the proper person entitled to Letters of Administration.  He further states that the value of the said estate is about $1000.000 and that Christopher Guthrie and wife Brittania, James M. Clayton & wife Mary, Thos. D. Midyett, Cora Midyett, Eliza Midyett, Burther [Bertha] Midyett, Saml. Midyett, Marvin Midyett and Paul Midyett are entitled as heirs and distributees.
    /s/ B.J. Midyett

May 16, 1883 - Petition for partition - C.F. Guthrie & wife B.A., Jno. M. Clayton & wife Mary R., of full age, and Thos. D., Cora, Eliza, Bertha, Samuel, Paul, and Marvin Midyett, infants by their next friend B.J. Midyett, state that they are all tenants in common of land in Lake Landing Township in Hyde County.  One tract of about 50 acres adjoining the lands of W.P. Burrus on the South, G.M. Silverthorne on the North, the Main Road from Middleton to Engelhard on the West and Pamlico Sound on the East.  Another tract of about 30 acres adjoining the lands of Henry Lucas on the South, the Saml. Spencer farm on the West, T.L. Gibbs & others on the North and Thomas Ballance on the East.  One tract of land containing about 39 acres adjoining the above tract on the South, Far Creek on the North, Henry Gibbs on the West and T.L. Gibbs on the East.
    /s/ Latham & Skinner, Sols. for Petitioners

June 28, 1883 - Commissioners laid off and allotted land as follows:

Lot #1 - In the house tract we have assigned in severalty to C.F. Guthrie and wife Brittania S. land beginning at the northern corner of the tract at Far Creek and running with the east side of the Spencer privilege then to the back line of what is known as the 13^1/2 acre tract then with the back line of the said tract to a point 1/2 the distance across said 13^1/2 acres then parallel with the first line then to the Creek and up the Creek to the beginning, containing 6^3/4 acres.

Lot #2 - In the house tract we have assigned in severalty to John M. Clayton and wife Mary R. land beginning at the east corner of No. 1 on the Creek and running thence with the S.E. line of No. 1 to the back line of the 13^1/2 acres then with the back line to the South corner of the 13^1/2 acres then with the S.E. line to Far Creek then up the Creek to the beginning, containing 6^3/4 acres.

Lot #3 - In the house tract we have assigned in severalty to C.F. Guthrie and wife Brittania S. land beginning at the East corner of No. 2 then to the back line of the 13^1/2 acre tract then with the back line of the said tract to a point 1/2 the distance on the back line then to the Store house lot on the road then with the Store house lot to the Creek, then up the Creek to the beginning, containing 13^1/2 acres.

Lot #4 - In the house tract we have assigned in severalty to John M. Clayton and wife Mary R. land beginning at the easternmost corner of No. 3 and running with the S.E. line of No. 3 to the back line, then with the back line to Thos. L. Gibbs' line in the center of the ditch, then with his line to the beginning, containing 13^1/2 acres.

Lot #5 - In what is called the Council tract we have assigned in severalty to Eliza Midyett land beginning at the western back corner of No. 1 and running with the Spencer privilege then parallel with the back line of the house tract to W.T. Ballance's line then with his line to Thos. L. Gibbs' line then with his line and the back line of Nos. 1, 2, 3, & 4 then to the beginning, containing 5^2/3 acres.

Lot #6 - In the Council Tract we have assigned in severalty to Bertha Midyett land beginning at the westernmost corner of No. 5 and running with the Spencer privilege then parallel with No. 5 to W.T. Ballance's line then with his line to the southernmost corner of No. 5 then with No. 5 to the beginning, containing 5^2/3 acres.

Lot #7 - In the Council Tract we have assigned in severalty to Samuel Midyett land beginning at the westernmost corner of No. 6 and running thence with the Spencer privilege then parallel with No. 6 to W.H. Lucas' line then with his line to W.T. Ballance's westernmost corner then with that line to the beginning, containing 5^2/3 acres.

Lot #8 - In the Council Tract we have assigned in severalty to Paul Midyett land beginning at the westernmost corner of No. 7 and running thence with the Spencer privilege to W.H. Lucas' line then with his line to the corner of No. 7 then with No. 7 to the beginning, containing 2 acres, 3 rood [archaic word for "pole"] & 20 rods.  Also the warehouse and lot situated down at Far Creek or Engelhard, beginning at the Far Creek Bridge on the S.E. side of the road that leads to Waupoppin and running thence with said road to the fork then with the road that leads to Middleton to a point opposite a large Live Oak that stands nearest the road then to the Creek then up the Creek to the beginning, containing 1 acre.

Lot #9 - In the Stowe tract we have assigned in severalty to C.F. Guthrie and his wife Brittania S. land beginning at the North corner of Wm. P. Burrus' land that he bought of B.F. Gibbs and running thence along a ditch bank west then parallel with said Burrus line to the Sound then with the Sound to W.P. Burrus' line then with his line to the beginning, containing 12^1/2 acres.  We also give Lot #9 one-half of the barn which stands on the said Stowe tract.

Lot. #10 - In the Stowe tract we have assigned in severalty to John M. Clayton and wife Mary R. land beginning at the North corner of No. 9 and running thence along a ditch bank West to a post then parallel with No. 9 to the Sound then with the Sound to Lot #9 then with that line to the beginning, containing 12^1/2 acres excepting the barn of which we assign one-half to No. 10, the other half having already been assigned to No. 9.

Lot. #11 - In the Stowe tract we have assigned in severalty to Cora Midyett land beginning at the north corner of No. 10 on the ditch bank and running thence with said bank West to the main road, then with said road to a post, then to the Sound then with the Sound to No. 10, then with No. 10 to the beginning, containing 12^1/2 acres.  We also assign to No. 11 one-half of the dwelling house on the Stowe tract.

Lot #12 - In the Stowe tract we have assigned in severalty to Thomas D. Midyett land beginning at the North Western most corner of No. 11 on the public road and running thence with said road to a stone, the N.W. corner of the Stowe tract same is W.P. Burrus' north corner then with said Burrus' line to the Sound then with the Sound to No. 11 then with the line of No. 11 to the first station, containing 12^1/2 acres, excepting one-half of the dwelling house which has heretofore been assigned to No. 11.  And we also assign to No. 12 one-half of the said dwelling house.

Lot. #13 - Being the Store House and lot at Engelhard we have assigned in severalty to Marvin Midyett and begins at the Bridge on the N.W. side of the road that leads to Waupoppin and running thence with said road to the Ridge road then with said road to the north side of a ditch then with said ditch to the Creek then with the Creek to the beginning, containing 3/4 of one acre of land.
    No. 13 pays to #8 - $40.00
    No. 13 pays to #11 - 23. 89
    No. 3 pays to No. 11 - $37.55
    No. 3 pays to #12 - $12.00
    No. 4 pays to #12 - $49.44
/s/ I.B. Watson, R.F. Watson

Nov. 16, 1887 - Application of J.M. Clayton for guardianship of Marvin Midyett who states that said Marvin is a minor child of L.S. Midyett, deceased, and is without guardian and that said minor is entitled to personal estate to the value of $150.00 and the value of the rents & profits of the real estate is about $60.00 per year.  Applicant prays for Letters of Guardianship be issued to him so that he can represent said minor.

[NOTE]  Little Samuel Midyett, Sr., son of Benjamin Franklin Midyett, Sr. and Susannah H. Gibbs,  was born Mar. 28, 1825 & died Dec. 7, 1882.  He was first married to Susan Jane Stowe (c1823-c1861) and they had the following children:
    1) Elizabeth F. Midyett was born c1847 & died before 1882.
    2) Brittania S. Midyett was born Aug. 1, 1848 & died Oct. 17, 1932.  She married Christopher Francis Guthrie on Jan. 28, 1873.
    3) Mary R. Midyett was born Dec. 22, 1851 & died May 2, 1933.  She married John Monroe Clayton on Feb. 14, 1877.
    4) Morning M. Midyett was born c1857 & died before 1870.

Little Samuel married for the 2^nd time to Emma Sparrow (1842-1886) on May 30, 1862 and they had the following children:
    1) Thomas Delamar Midyett was born Apr. 21, 1863 & died Oct. 25, 1922.  He never married.
    2) Caleb Spencer Midyett was born Sept. 25, 1864 & died Oct. 12, 1865.
    3) William Franklin Midyett was born Oct. 22, 1866 & died Aug. 26, 1870.
    4) Cora Midyett was born Jan. 31, 1869 & died Jan. 15, 1949.  She married Leonard Lee Rue on Nov. 17, 1886.
    5) Eliza Ann Midyett was born Feb. 1, 1873 & died Nov. 8, 1922.  She married Benjamin L. Weston on Mar. 31, 1897.
    6) Bertha C. Midyett was born July 23, 1874 & died Nov. 25, 1935.  She married Charles Adams Swindell on Nov. 22, 1892.
    7) Little Samuel Midyett, Jr. was born Oct. 6, 1877 & died Dec. 26, 1928.  He married Lucy Martha Spencer on Jan. 2, 1913.
    8) Paul Midyett was born Mar. 24, 1878 & drowned in Pamlico Sound on June 24, 1897.  [see his estate here]
    9) Marvin Midyett was born Mar. 8, 1880 & died unmarried on June 28, 1899.  [see his estate here]
  10) Sarah Jane Midyett was born c1882 & died young.

This 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