Return to Dare County

Buxton--Dare County State Of North Carolina

I Joseph C. Midgett being of sound mind do hereby make this my last will and testament.

I bequeath unto my son Thomas B. Midgett, one third of the home track of land, beginning at the line of Urias Gaskins, being the westward one third. Unto my wife, Deborah S. Midgett, I bequeath the middle one third, the strip on which the house sets, to her during her natural life, and at her death to my son A.T. Midgett his heirs and assigns forever. Unto my son, Ephraim R. Midgett, I bequeath the eastward one third, joining the Joseph Neal land. The home track of land which I have mentioned and thirded begins at the Pamlico Sound and runs a southerly course to what is known as the Dark Ridge. One track of land beginning at the Dark Ridge and running a southerly course to the Muddy Marsh ditch and joining the land of C.C. Miller on the west and the lands of Gray and Williams on the east, I bequeath unto my three daughters Carrie, Ora and Cora to be divided in three equal parts among themselves, each one to have one third. Unto my daughter Caddie I bequeath one tract of marsh land beginning at the line of Urias Gaskins and running a southerly course to the Dark Ridge and joining the land of C.C. Miller on the west and my home track of land on the east. One tract of woodland containing 37^1/2 acres, joining the land of R.G. Farrow on the east and the Scarborough land on the west and running from the yeopon road a southerly course to the Great Ridge, I bequeath unto my children each and all to have and to hold with equal privileges. All other personal property not before mentioned, I bequeath unto my wife Deborah S. Midgett.

In witness hereof I have hereunto set my hand this the 25^th day of January 1913.
/s/ Joseph C. Midgett

Witness: D.E. Quidley
Witness: O.O. Midgett

State of North Carolina}    SS.  In the Superior Court
         Dare County       }
    A paper writing purporting to be the last will and testament of Joseph C. Midgett, deceased, is exhibited before me the undersigned Clerk of the Superior Court for said County by Deborah S. Midgett, widow of the deceased therein mentioned, and the due execution thereof by the said Joseph C. Midgett, deceased, by the oath and examination of O.O. Midgett and D.E. Quidley, 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 Joseph C. Midgett, deceased, that the said Joseph C. 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 25^th day of January 1913.
    And the deponent further saith That the said Joseph C. Midgett, deceased, 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 Joseph C. 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/ O.O. Midgett
        D.E. Quidley

Severally Sworn to and subscribed this 22^nd day of May 1913 before me.
    /s/ W.R. Gray, 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 Joseph C. Midgett, deceased.  Let the said Will, together with the probate, be recorded and filed.  This 6^th day of August 1913.
    /s/ W.R. Gray, Clerk Superior Court