Tyrrel County:
In the name of God amen. I Thomas M. Midyett of the County and State aforesaid being of sound mind and memory but considering the uncertainty of my earthly existence do make and ordain this my last Will and Testament hereby revoking all other Will or Wills by me made in manner and form as follows, that is to say,
First I give and devise to Thomas Mason five dollars.
Item my will and desire is that the children of Sally Mason, my dear daughter, have the portion of property which Sally Mason would of heired at my death, had she been living at the time of my death. I hereby give that portion of property to the children of the said Sally Mason to their own & proper use for the natural love and affection which I bear towards them.
Item I desire that the share of property which I intended for the said Sally Mason & have given the same as above to her children, to remain in the hands of my executors until the same is called out according to law. My will and desire is that my property be divided as prescribed by law and, as the law directs I do hereby constitute and appoint my dear sons Samuel C. Midyett, John C. Midyett, Thomas C. Midyett, & Lancaster Midyett, my lawful executors, or any of them who may qualify to all intents and purposes to execute this my last Will and Testament & to execute the same in every part and; clause thereof.
In testimony whereof I hereby set my hand and seal this the 4th day of August 1854
Witness
Saml. McCleese
Elijah (his mark) Basnight
Thomas M. Midyett (Seal)
State of North Carolina
Tyrrell County
Court of Pleas and Quarter
sessions
April Term, 1856.
The foregoing last Will and Testament of Thos. M. Midyett was this day proved in open court by the oath of Saml. McClees and Elijah Basnight whereupon it appeared to the satisfaction of the court, that Saml C. Midyett John C. Midyett, Thos. C. Midyett and Lancaster Midgett the executors therein named renounce their office. The widow appears by her attorney and dissents from said will Ordered by the court that John McClees, be appointed admr. with the will annexed on his entering into bond with Jesse Sanderson & Henry McClees securities.
Saml. McClees Clk.
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