Dare Co., NC will of Marcus L. Midgett

I, Marcus L. Midgett, of the county of Dare and state of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament in manner and form following, that is to say,

First: That my executors (hereinafter named) shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expenses, together with my just debts, including the tuition of my daughters, Dora and Nannie, at the school in which they are now entered for the present school term, howsoever and to whomsoever owing out of the moneys that may first come into their hands as a part or parcel of my estate.

Item: I desire and request that my executors shall lay off with metes & bounds four lots or parcels of land on the north side of the road leading out from the wharf, now owned & belonging to the Old Division Steam Ship Company, beginning at the North west corner of the Ice House and fronting twenty-five yards each and running northerly back to my North line. And I give and bequeath to my sons Louis Napoleon, Charles L. and Robert Seldon, Each one of these said lots or parcels of land. Also I give and bequeath to my daughter, Allie F. Twine, one of the said lots or parcels of land to be chosen and valued by them and to Each as they may see proper, one paying to the others such difference of value in the said lot chosen as they shall desire fair, just and reasonable, to them, the said Louis Napoleon, Charles L., Robert S. and Allie F., to have and to hold the same, to them and their heirs, separately, in fee simple, forever.

I also give & bequeath to my sons, Louis N., Charles L. & Robert Seldon and to my daughter Allie, a right of way and privilege over its marsh, a width of thirty yards on each side of the wharf to pass to & from the water to the high land, and build such fish houses for their individual use as they may desire, but neither of them shall have power to sell or lease any part of said marsh or privilege over the same to anyone except from one to the other.

Item: I give & bequeath to my sons, Columbus C. Midgett, Louis N. Midgett, Charles L. Midgett and Robert Seldon Midgett, my tract of land upon which I now live and reside, to be divided in manner following, that is to say,

That my son, Columbus C. shall have the lot or parcel of land upon which my dwelling house now stands, together with all the outhouses and buildings on said lot and the land surrounding said dwelling house except the land upon which the Ice House now stands and the lots of land devised in a former item, including the cleared highland woods land, of equal portion or value with the land hereinafter bequeathed to my sons, Louis N., Charles L. and Robert Seldon.

That my son, Louis N., shall have the land upon which his dwelling house now stands and the land surrounding or near it, including high cleared and woods land of equal portion or value with my son, Columbus C. Midgett.

That my son, Charles L., shall have the land upon which his dwelling house now stands and the land surrounding or near it, including high cleared and woodland of equal portion or value with my sons, Columbus C. and Louis N. Midgett.

That my son, Robert S., shall have the land upon which his dwelling house now stands and the land surrounding or near it, including high cleared and woodland, of equal portion or value with my sons, Columbus C., Louis N. & Charles L. Midgett. It is my desire that they, the said Columbus C., Louis N., Charles L. and Robert Seldon, shall lay off the lots and parcels of land, hereinbefore described & bequeathed to them, as homesteads, with metes & bounds, having a due regard for an equal value & share of the same due to each other.

Item: I give and bequeath to my daughter, Nannie, one hundred and fifty dollars, to be paid to her at the age of eighteen years, in full, by my son, Louis N., for her share, right and title in the land herein bequeathed to my sons, Louis N., Charles L., Robert Seldon and Columbus C. Midgett. It is also my request that my son, Louis N., shall pay out of the money directed to be paid by him to my daughter, Nannie, for her clothing & tuition, such amounts as he may deem proper and reasonable, before she arrives at the age of eighteen years, and she shall have a right and title in the land herein devised to my son Louis N. until she be paid in full.

Item: I give and bequeath to my daughter, Dora, the sum of one hundred and fifty dollars to be paid her at the age of eighteen years, in full, by my son, Robert S., for her share, right and title in the land herein bequeathed to my sons, Louis N., Charles L., Robert Seldon and Columbus C. Midgett. It is my request that my son Robert S. shall pay out the money directed to be paid by him to my daughter, Dora, for her clothing & tuition, in such amounts as he may deem proper and reasonable, before she arrives at the age of eighteen years, and she shall have a right and title in the land herein devised to my son, Robert S., until she be paid in full.

Item: I give and bequeath to my daughter Maggie, one hundred and fifty dollars, to be paid to her at the age of eighteen years or in sums as she may desire and need, by my son, Columbus C., for her share, right and title in the land herein bequeathed to my sons, Louis N., Charles L., Robert Seldon and Columbus C. Midgett, and she shall have a right and claim upon the land herein devised to my son, Columbus C., until she be paid in full.

Item: I give and bequeath to my daughter, Allie F. Twine, one hundred and fifty dollars to be paid to her by my son, Charles L., as soon as he can do so, and the same shall be her share, right and title in the land herein devised to my sons, Louis N., Charles L., Robert Seldon and Columbus Midgett, and she shall have a right and title in the land devised to my son, Charles L. Midgett, until she be paid in full.

Item: I give and bequeath to my sons, Louis N., Charles L., Robert Seldon and Columbus C. and to my daughter, Allie, shall have an equal interest in the Ice House and the land upon which it stands, share & share alike, to them and their heirs forever.

I desire that my personal property remaining on hand after paying my just debts and funeral expenses shall be valued at a fair valuation or sold at private sale by my executors and the total amount of sales or valuation of the same be equally divided between my sons and daughters, viz.--Louis N., Charles L., Robert Seldon, Columbus C., Allie F., Maggie, Dora and Nannie, share and share alike, to them and their heirs forever.

Item: My will and desire is that all the residue of my estate after taking out the devises and legacies above mentioned, shall be sold and the debts owing to me collected and if there should be any surplus over and above the payment of my debts and expenses that such surplus shall be equally divided and paid over to my children of full age and to those of whom that are under age, I have directed to hold the moneys due them until they are of age, all shall, of my children, in equal portion, share and share alike, to them and each and every of them, their executors, administrators, heirs and assigns, absolutely forever.

And lastly I do hereby constitute and appoint my sons, Louis N. and Charles L. Midgett, my lawful executors to all intents and purposes to execute this, my last will and testament, without giving any bond according to the true intent and meaning of the same and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.

In witness whereof I, the said Marcus L. Midgett, do hereunto set my hand and seal this the 21^st day of November 1888.
/s/ M.L. Midgett

Signed, sealed, published and declared by the said Marcus L. Midgett to be his last will and testament in the presence of us, who, at his request and in his presence, do subscribe our names as witnesses thereto.
/s/ D.W. Etheridge
Ellen M. Johnson

State of North Carolina}
       Dare County         }    SS. In the Superior Court
    A paper writing purporting to be the last Will and Testament of Marcus L. Midgett, deceased, is exhibited before me the undersigned Clerk of Court for said county by L.N. Midgett and Charles L. Midgett, the executors therein mentioned, and the due execution thereof by the said Marcus L. Midgett deceased by the oath and examination of D.W. Etheridge and Ellen M. Johnson, the subscribing witness 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 Marcus L. Midgett, dec'd, that the said Marcus L. Midgett 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 21^st day of November 1888.
    And the Deponent further saith, That the said Marcus L. 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 his name at the end of said will as attesting witness thereto, and at the request and in the presence of the said testator. And this deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto as aforesaid the said Marcus L. 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/ D.W. Etheridge
        Ellen M. Johnson

Severally sworn and Subscribed before me this 19^th day of January 1889 before me
/s/ John W. Evans, C.S.C.

Source: Dare Co., NC Record of Accounts (1870-1902) pg. 337 (Microfilm #C.031.50001)

January 21, 1889 - January 21, 1890

L.N. Midgett & Chas. L. Midgett, executors, in account current with the estate of Marcus L. Midgett, dec'd.
Heirs:
   Paid Elisha & Allie Twine                                       49.27
   Paid R.S. Midgett                                                    49.27
   Paid C.C. Midgett                                                    49.27
   Paid C.L. Midgett                                                    49.27
   Paid L.N. Midgett                                                    49.27
   Paid Maggie J. Midgett                                           49.27
   Paid L.N. Midgett, grd'n. for Dora P. Midgett        49.27
   Paid L.N. Midgett, grd'n. for Nannie L. Midgett     49.27

NOTE: Marcus Lafayette Midgett was born in Stumpy Point, Tyrrell Co., NC on Nov. 10, 1839 and died on Roanoke Island January 12, 1889. He married Elizabeth "Betsy" Mason from Stumpy Point and they raised nine children, all but one having lived to adulthood. Custom House records indicate he was Master of the sloop Manteo. He was appointed Lighthouse Keeper of the Oregon Inlet Lighthouse on March 10, 1879 and remained there until his death in 1889. His death notice appeared in The North Carolinian on Wednesday, March 6, 1889--Capt. Marcus L. Midgett departed this life in Jan. 1889.