Return to Dare County

North Carolina
Dare County

I, W.B. Midgett, of the aforesaid county and State, being of sound mind, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament.

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

Second:  I give, devise and bequeath unto my beloved wife Florence V. Midgett my home and all real estate, wheresoever situated, together with all household and kitchen furniture and personal property, except money, for and during her natural life.

Third:  I give, devise, and bequeath to my beloved son William Dennis Midgett, my home and all real estate, wheresoever situated, together with all household and kitchen furniture, except those items contained in devices hereinafter set out, all subject to the life estate of my said wife, as devised in a former item of this my will, to have and to hold to him and his heirs in fee simple.

Fourth:  I give, devise and bequeath unto my beloved daughter Lucy Pringle and Jennie Berkey the piano, subject to the life estate of my wife, share and share alike.

Fifth:  I give, devise and bequeath to my wife, Florence V. Midgett, all money belonging to me, wheresoever situated together with all the rent and residue of my estate, both real, personal and mixed, not heretofore devised, in fee simple.

Sixth:  I hereby constitute and appoint my wife Florence V. Midgett, my lawful executrix 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 void all other wills and testaments by me heretofore made.

In witness whereof I, the said W.B. Midgett, do hereunto set my hand and seal this 29^th day of September, 1943.
    /s/ W.B. Midgett     (Seal)

Signed, sealed, published and declared by the said W.B. Midgett 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 thereto.

Witnesses:
    E.S. Wise
    R.I. Leake
    Melvin R. Daniels

State of North Carolina}   In the Superior Court
         Dare County       }
    A paper writing purporting to be the last Will and Testament of  W.B. Midgett,  deceased,  is exhibited before me, the undersigned Clerk of  the Superior Court for said County, by Florence V. Midgett the executrix  therein mentioned, and the due execution thereof by said W.B. Midgett by the oath and examination of R.I. Leake and Melvin R. Daniels, 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 W.B. Midgett: that the said  R.I. Leake and Melvin R. Daniels,  in the presence of the this deponents, subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 29^th day of September, 1943.
    And This Deponents Further Saith That the said W.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 his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of 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 deponents subscribing his name as attesting witness thereto, as aforesaid , the said W.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.
    R.I. Leake
    Melvin R. Daniels

Severely sworn and subscribed, this 3^rd day of April, 1947, before me.
    C.S. Meekins, Clerk Superior Court

North Carolina           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 W.B. Midgett deceased.  Let said Will, together with the probate, be recorded and filed.  This 3^rd day of April, 1947.
    C.S. Meekins, Clerk Superior Court