Return to Dare County

State of North Carolina}
      County of Dare      }
I, John A. Midgett, Sr., of the county and state aforesaid, being of sound mind but realizing the uncertainty of my earthly existence, do make and declare this my last will and testament.

First: My executor, hereinafter named, shall give my body a decent burial, suitable to the wishes of my friends and relatives, and pay all funeral expenses, together with all just debts out of the first moneys that may come into his hands belonging to my estate.

Second: I give and devise to my daughter, Lauranier Midgett, the tract of land at Rodanthe, N.C. on which I now reside, together with all buildings situated thereon, or that may be placed thereon, including the store building now on said premises, the said premises and buildings thereon subject to the dower right of my beloved wife, Phoebe O. Midgett, who is to have the privilege, use and enjoyment of the same during the term of her natural life, and at her death to pass in fee simple to the said Lauranier Midgett.

Third: I give and bequeath to my daughter, Lauranier Midgett, all my household and kitchen furniture now in my home at Rodanthe, N.C., or that may be placed there by me at any future time, the same to be subject to the dower right of my beloved wife, Phoebe O. Midgett, who is to have the privilege, use and enjoyment of the same during the term of her natural life, and at her death to pass to the said Lauranier Midgett.

Fourth: I give and devise to my two sons, Cornelius P. Midgett and John A. Midgett, Jr. and my daughter, Luranier Midgett, a tract of land at Rodanthe, N.C., situated on Back Mire Creek, known as "The Landing Place", the said tract of land to be owned by the said two sons and daughter, one-third to each and share and share alike.

Fifth: I hereby constitute and appoint George W. Midgett, my son-in-law, my lawful executor to all intents and purposes, to execute this my last will and testament according to the true intent and meaning of the same, and every part and clause thereof, hereby revoking and declaring utterly null and void all other wills and testaments by me heretofore made.

In witness whereof I, the said John A. Midgett, Sr., do hereunto set my hand and seal this the 29^th day of October 1918.
   /s/ John A. Midgett, Sr.

Signed, Sealed, Published and Declared by the said John A. Midgett, Sr. to be his last will and testament in the presence of us, who, at his request, and in his presence, (and in the presence of each other), do subscribe our names as witnesses.
   /s/ Zion S. Midgett
       Arthur Midgett

North Carolina}    In the Superior Court--Before the Clerk
  Dare County }

In the Matter of the Will of John A. Midgett, Sr., Deceased.
    A paper writing hereto attached and purporting to be the last will and testament of John A. Midgett, Sr. deceased, is exhibited before me the undersigned Clerk of the Superior Court of Dare County, North Carolina, by [blank] the executor therein named, and thereupon the following proof thereof is taken by the oath and examination of Zion S. Midgett and Arthur Midgett, the subscribing witnesses thereto, as follows:  Zion S. Midgett and Arthur Midgett being duly sworn, depose and say, and each for himself deposes and says, that he is a subscribing witness to the said paper-writing now shown him, purporting to be the last will and testament of John A. Midgett, Sr., and that he saw him execute this writing as his last will and testament, and that affiant attested it in the presence and at the request of said John A. Midgett, Sr. deceased; and that at the time of it execution (or at the time its execution was acknowledged) said John A. Midgett, Sr. was, in affiant's opinion, of sound mind and disposing memory.
    /s/ Zion S. Midgett
        Arthur Midgett

Severally subscribed and sworn to before me this 13^th day of May 1935.
    /not signed/

And thereupon it is considered and adjudged by the Court that the said paper-writing and every part thereof is the last Will and Testament of John A. Midgett, Sr., deceased, and it is ordered that the same, with the foregoing examination and this certificate, be recorded and filed.  This 13^th day of May 1935.
    /s/ C.S. Meekins, Clerk Superior Court of Dare County

NOTE:  Capt. John Allen Midgett, Sr. was born in Rodanthe to David Oliver Midgett & Colinda Ann Sabrina Paine on October 22, 1853.  He died in Avon on March 13, 1923.  He married Phoebe M. O'Neal at Chicamacomico (present-day Rodanthe) on May 18, 1873.  Phoebe was born on May 27, 1856 and died April 27, 1935.  It was only after Phoebe's death that John Allen Midgett's will was probated.