October the 7 day 1809

I do make this my Last Will and Testament and first of all desear to recoment my soul to the merciful Lord when it shall please him to take me and my body to the grave to be buryed at the discretion of my frinds__________and I desier that my horse and blue mair and a bay mair cold Bargen and my watch and two guns and all my lawfull debts paid.

Itm: give unto my beloved Wife Elizabeth MIDYETT the house and land where on I now live during of her natural life and at her death to belong to my Son Ira MIDYETT. I give unto my two Sons Sparrow and Thomas MIDYETT the fifty acors of land that I bought of Joshua WALS on Mountplasunt and should my Son Thomas MIDYETT continue as he is that no parson should have power to purchous it from him nor that he should have power to give any parson a right to any property that he hath.

Itm: Give unto my Son Banister fifty acors of land at the north end of the old meofes(?) bushes

Itm: I give unto my two Sons Nicodemus MIDYETT and Ebenezer MIDYETT fifty acors of land on Mountplasunt that I bought of the JINNETTs and should either of them die without heir the other of them to have it.

Itm: I give unto my Son Nicodemus MIDYETT fifty acors of land towards the new inlet.

I give unto my Son Ebenezer MIDYETT fifty acors of land at the Bald beach joining William BURUSes.

I give unto my two Sons Banister and Thomas MIDYETT fifty acors of land that I bought of John BURIS.

My will and desire is that all my black people should be free as fir as I have a right and that no parson should have any claim to that part of them that belongs to me and that the should not have power to bind them selves to any parson but if the law will not grant that they should be free that Hannah and Cate should live with which of my first Wifes children that the pleas and that children should take cear of them and I desier that my Wife Elizabeth MIDYETT and her children should have my part of eley and my part of Maricays time should go to my Wife to the maintainance of my Wife and her small children and my Son Thomas MIDYETT and I desier that my Son Thomas MIDYETT should live with my Wife and that she should take cear of him.

Itm: I give unto my Wife my boat and canow for the use and matainance of childrean I give unto my Wife the house and kitchen furniture for the use of the small children.

I give unto my Daughter Bethany MIDYETT the choice of the cows and calfs.

Itm: I give unto my Son Nicodemus MIDYETT my musket.

I give unto my Son Ebenezer MIDYETT short bras mounted musket.

I give unto Milly SPARROW one heffer and cow calf.

I give unto my Son Thomas MIDYETT that mair that is called his.

I give unto my three Sons Nicodemus and Ebenezer and Ira MIDYETT one mair and colt cald Tony and I give unto my Wife Elizabeth one horse cald napsack.

I give unto my Wife one bed and stead and that we lay on.

I give unto my Daughter [torn] next choice of beds and steads and furniture.

I give unto my daughter Paggey the next best bead and stead and furniture.

I give unto my Son Thomas MIDYETT one bead and sted and furniture.

I give unto my three Sons Nicodemus, Ebenezer and Ira MIDYETT one bead and stead and furniture.

I give unto my Son Banster MIDYETT one mair colt.

I give my hogs to my Wife for the use of her family and should she mary again I deser that there should be a division with her and the children that is left with of all the things that for her maintainance and the ________ to be taken cear of for them for her uses I give all the rest [torn] of to equaly divided anomgst my Wife and Mily SPARROW [torn] and [torn] and all _______ mintioned property to be sold and after all debts paid(?) remaining to be equly divid amongst my Wife and children.

I leave my Son Banister MIDYETT and Elizabeth MIDYETT my Wife executors to this my Last Will and Testament.
    /s/ Daniel MIDYETT

    Banister MIDYETT                 jurat
    Anna [Her x mark] MIDYETT  jurat
    Milly [Her x mark] SPARROW

[Note: There is no probabe date or clerk's name given in this Will.  Probate date is from Currituck County Court of Pleas and Quarter Sessions minutes].

This will was contributed by Judy Merrell Brickhouse. 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!

Return to USGenWeb	Return to NCGenWeb	Return to Currituck

© 2003 Marty Holland