Return to Dare County

State of North Carolina}
       Dare County         }

In the name of God Amen.

I, Ellis B. Midgett, being of sound mind and memory, do constitute this my last will and testament.

Item 1. I give and devise to my grandson, Arthur M. Combs, Five Hundred Dollars under this special provision that the said amount be placed in the Savings Dept. of the Citizen Bank of Eliz. City, N.C. or some other good Savings Bank to be kept for him until he is twenty one years of age after which to be used by him as he deems best, not only the principal but the interest; but if he should die before reaching his twenty one years of age the said amount and interest shall revert to my estate and be equally divided between my three sons, R.L. Midgett, E.B. Midgett and J.L. Midgett.

I furthermore devise to the said grandson, my feather bed and watch for his special use with this provision that if he dies before his twenty first birthday, the same to revert to my estate.

Item 2. I give and devise to my sons, Robt. L. Midgett, J.L. Midgett and E.B. Midgett, the remainder of my estate to be equally divided among them.

I do hereby appoint my son, Robt. L. Midgett, the executor of this my last will and testament.

In witness whereof I have hereunto set my hand and seal, this 1^st day of July 1904. In the presence of
Witnesses: S.M. Tillett
                 Wm. Towe

/s/ Elis B. Midgett

State of North Carolina}    In the Superior Court
         Dare County       }
    A paper writing purporting to be the last will and testament of Ellis B. Midgett, deceased, is exhibited before me the undersigned Clerk of the Superior Court for said County by R.L. Midgett, the executor therein mentioned, and the due execution thereof by the said R.L. Midgett, by the oath and examination of William Towe and Samuel M. Tillett, the subscribing witnesses thereto, who being duly sworn doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last Will and Testament of Ellis B. Midgett, that the said Ellis B. Midgett did in the presence of this deponent subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date of the 1^st day of July 1904.
    And the deponent further saith That the said Ellis B. Midgett, 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 their names at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator.
    And this deponent further saith that at the same time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponents subscribing their names as an attesting witness thereto, as aforesaid, the said Ellis B. Midgett was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent.  And further these deponents say not.
    /s/ William Towe
        S.M. Tillett

Severally Sworn to and subscribed this 27^th day of Oct. 1904 before me.
    /s/ Thos S. Meekins, Clerk Superior Court

North Carolina}    SS: In the Superior Court
  Dare County }
    It is therefore considered and adjudged by the Court that the said paper writing and every part thereof is the last Will and Testament of Ellis B. Midgett, deceased.  Let the said Will, together with the probate, be recorded and filed.  This 29^th day of Oct. 1904.
    /s/ Thos S. Meekins, Clerk Superior Court