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State Of North Carolina - Hyde County

In the Name of God Amen.  I, Benjamin Midyett, of the State and County aforesaid, being weak of Body but of perfect mind and Memory Calling to mind the mortality of my body knowing that it is appointed for all men once to die.

first:  I give and recommend my soul into the hands of Almighty God that gave it and my body I recommend to the Earth to be buried in a Decent Christian burial at the discretion of my Executors and as touching Such Worldly Estate wherewith it has pleased God to bless me with in this life I give and dispose of in the following manner and form (viz)

I gave and bequeath unto my beloved wife Susannah Midyett one feather Bed and furniture and my beaufat with all the Earthen ware and other articles contained therein and also to have the use of two Small Negroes Ebben & Sabra for and during her life time, and after the death of my wife the above named Negroes Ebben and Sabra Shall belong to my three Sons, Benjamin, Franklin, and Thomas Midyett.  my will and desire is that my wife Susannah Midyett shall have the use of one third part of my plantation whereon I now live so as to include the dwelling house and other out houses.  my will and desire is that my wife and family Shall have one years provision out of my crop stock and provisions on hand to be laid out to them by and at the discretion of my Executors hereafter named.  I gave and bequeath unto my Son Little John Midyett's heirs fifty cents. I gave and bequeath unto my daughter Sally Ann Roper fifty cents.  I gave and bequeath unto my son Little Samuel Midyett one horse now at Bodies Island and one Negro Boy named Riley.  my will and desire is that my wife Susannah Midyett Shall have the use of my Negro man Ebben and Violet his wife, for and during her life time and then to belong to Little Benjamin, William Franklin and Thomas Gibbs Midyett.  I give and bequeath unto my Daughter Susan Roper one Negro Girl Named Harriott one feather bed and furniture one boy Edmond.  I gave and bequeath unto my Daughter Mourning Meriah Burrus one feather bed and furniture one Negroe boy Jim.  I gave and Bequeath unto my daughter Mary Jane Midyett one feather Bed and furniture and One Negroe Woman Nicy.  I give and bequeath unto my Four Sons Namely Little Samuel Little Benjamin William Franklin and Thomas Gibbs Midyett the land and plantation whereon I now live including the third part which I give the use of to my wife during her natural life time. also all my farming tools two horses one yoke of oxen and ten head of Sheep. I give and bequeath unto my Daughter Mary Rollins one Negroe boy Jordan.  My Will and desire is that the land I bought at Little John Midyett's Sale Should be Sold at Six months Credit by my Executors.  all my property not given away I leave to be Sold to pay my debts with.  Lastly I constitute and appoint my Son Little Samuel Midyett and Frederick S. Roper my Executors to this my last will and Testament revoking and disanulling all other wills and testaments by me made declaring this and only this to be my last will and Testament.  in witness whereof I have hereunto Sett my hand and Seal this 21st day of January 1847.
    /s/ Benj'n. Migett
            Witness:    William Sadler
                              Jane Midyett

Hyde Co., N.C. Estate Papers (CR 053.508.41)
Aug. Term 1847 - The petition of Susan Midyett for her 1/3 dower in land.  She states that some time in January 1847 her husband, Benjamin Midyett, died intestate, seized and possessed of the tract on which he lived at his death known as the Burrus tract and which he purchased of Robert M. Burrus containing about 128 acres lying on Far Creek and adjoining the heirs of John Marshall & others; that by his death the said lands descended to Frederick S. Roper in right of his wife Sally, Benjamin Roper in right of his wife Susan, Wm. Rollins in right of his wife Mary, Robert Burrus in right of his wife Mariah, Jane Midyett, Benjamin Midyett & Franklin Midyett & Thomas Midyett who are minors, William & Elizabeth Midyett who are children of Little John Midyett, dec'd.  She prays for a division of said land.

Aug. Term 1847 – Petition of Frederick S. Roper & wife Sally, Benj. Roper and wife Susan, William Rollings and wife Mary, Robert M. Burrows and wife Maria, and Little Samuel Midyett, all of full age, and Benjamin Midyett, Jane Midyett, Franklin Midyett and Thomas Midyett who are minors and whose guardian is Frederick S. Roper.  Also William W. Midyett and Elizabeth Midyett, the grandchildren of the late Benj. Midyett whose guardian is Saml. M. Mann.  Benjamin Midyett lately departed this life intestate [he had a will as can be seen above] seized of lands lying in Hyde County on Far Creek adjoining the lands of John Marshall’s heirs & others, containing about 130 acres and leaving him surviving your petitioners who are his sole heirs at law and entitled to equal shares of his said land, except that the two last named petitioners are entitled to one share between then—their deceased father Little John Midyett’s part.  Petitioners ask that 5 commissioners be appointed, namely Robert Jennett, Arnold Gray, Thomas Balance, Cason G. Spencer, & Peleg W. Spencer, to divide the land.  /s/ W. Shaw, Atty. for Petrs.

Aug. Term 1847 - Petition of William W. Midyett & Elizabeth Midyett, children of Little John Midyett, minors by their guardian Samuel M. Mann, and Benjamin Roper & his wife Susan, Robert M. Burrus and his wife Maria who are of full age, and Benjamin, Jane, Franklin and Thomas, minors by their guardian Frederick S. Roper, and Susan Midyett, widow of the deceased, all respectfully show that Benjamin Midyett was at his death possessed of a large personal estate consisting of negro slaves and died intestate.  Letters of administration were granted to Frederick S. Roper and Little Samuel Midyett who took possession of his estate by the payment of all debts & funeral charges and the following slaves: Eben, Jonus, Tom, Luke, Jordan, Edmund, young Eben, Riley, Nicey & her children Harriet, Jim, Amos & Jane, Tobia & Violet which are the right of petitioners and of said administrators, viz--Frederick in right of his wife Sally and Little Samuel Midyett, and they hold the slaves in trust to divide and deliver them to your petitioners in equal shares except that the two first named children of Little John Midyett, dec'd., take one share.  Petitioners have applied to said administrators to divide the slaves and they say they are willing to do so.  They ask that 3 freeholders, namely Robert Jennett, Arnold Gray & Thomas Ballance be appointed to divide said negroes.  Petition amended--Irwin Chadwick, who has lately intermarried with and is now the husband of Jane Midyett, prays for an allottment of his share in right of his wife Jane.  /s/ M.Shaw, Atty. for Petrs.

Nov. Term 1848 - Robert Jennett, Arnold Gray & Thomas Ballance appointed commissioners by the Court to value & allot the negro slaves.  /s/ R.M.G. Moore, Clk.

Feb. Term 1849 - We the Undersigned Freeholders, Appointed by the court, proceeded on December 26, 1848 to divide & make partition between & among William W. Midyett & Elizabeth Midyett, children & heirs of Little John Midyett, dec'd. and minors; Benjamin R. Roper & Susan his wife; William A Rollins & Mary his wife; Robert M. Burrus & Maria his wife; Frederick S. Roper & Sarah his wife; Irvin Chadwick & Jane his wife; Susan Midyett and Little Samuel Midyett, who are of full age; Little Benjamin Midyett, William F. Midyett & Thomas G. Midyett who are minors and all tenants in common of certain property, viz--15 Negros. assigned and alloted to each his & her share in severalty as follows:
   Lot   #1--Eben, Violet & Amos valued at $391.00 & receiving $60.27 1/4 is allotted to William A. Rollins
   Lot   #2--Jonas valued at $558.00 and paying over $106.72 3/4 is allotted to Little Benjamin Midyett, minor
   Lot   #3--Tom valued at $616.00 & paying over $164.72 3/4 is allotted to Frederick S. Roper
   Lot   #4--Luke valued at $550.00 & paying over $98.72 3/4 is allotted to the children & heirs of Little John Midyett, dec'd., being William W. & Elizabeth Midyett
   Lot   #5--Jordan valued at $466.00 & paying over $14.72 3/4 is allotted to Irvin Chadwick
   Lot   #6--Edmund valued at $493.00 & paying over $41.72 3/4 is allotted to William F. Midyett, minor
   Lot   #7--Boy Eben valued at $433.00 & receiving $18.27 1/4 is allotted to Little Samuel Midyett
   Lot   #8--Riley valued at $350.00 & receiving $101.27 1/4 is allotted to Benjamin R. Roper
   Lot   #9--Nicey & Jane valued at $416.00 & receiving $35.27 1/4 is allotted to Susan Midyett
   Lot #10--Sabria valued at $316.00 & receiving $135.27 1/4 is allotted to Robert M. Burrus
   Lot #11--Jim & Harriet valued at $375.00 & receiving $76.27 1/4 is allotted to Thomas G. Midyett
            /s/ Robt. Jennett, Armold Gray, Thos. Ballance

May Term 1854 - Petitioner Benjamin F. Midyett states that his father, Benjamin Midyett, departed this life intestate in the year 1848 [should be 1847] and that letters of administration on the estate were granted to Frederick S. Roper who took upon himself the burden of administering his personal estate and also procured certain of his lands to be sold & turned into money.  The said Roper was also appointed guardian for myself [Benj. F. Midyett], Benjamin J. Midyett & William F. Midyett, the last 2 being minors, and your petitioner who is of full age.  Petitioner further states that said Roper never came to an account with either of his wards or settled his administration account with either of them, but has accounted with all the rest of the distributees & heirs at law.  He has not accounted with nor settled his account as guardian for petitioner but the same is yet open & unliquidated, and he has now in his possession, or ought to have, a considerable surplus of personal estate unadministered and also a large sum from the land that was sold and money received by him for the hire of the negro slaves.  The amount of surplus is $1000.00 that is held by him in the sale of the land and $1000.00 of the hiring of the negroes named Jonas, Edmund, Harriet & Jim.  He prays that said Roper will come to an account with him and settle & pay over his share of money and deliver over his part of said slaves.  /s/ M. Shaw, Atty, for Petr.

Aug. Term 1854 - Answer of Frederick S. Roper to petition to Benjamin Midyett - Said Roper admits that he was appointed administrator of Benjamin Midyett, Sr. and that Samuel L. Midyett was appointed co-administrator.  He admits he was appointed guardian of Benjamin F. Midgett and also of Thomas G. Midyett & William F. Midyett who are still minors.  He admits that certain lands belonging to the heirs at law of the said deceased were sold under a decree of the Court of Equity at the insistance of said heirs, not "procured" by me and that he has never come to any account with either of his wards, but he regularly returned his accounts to the Court and renewed his bonds as required by law.  A petition was filed by the next of kin of said Benjamin in this court against him and his co-administrator for a settlement of his administration account and that his said account duly stated under the direction of the Court that he has transferred the shares of his several wards to to his account as guardian and that he had also received the portion or share of the proceeds of the sale of lands under the decree of the court of Equity.  He admits that there are 4 slaves, to wit: Jonas who is about 30 or 35, Edmund who is about 20, Harriet who is about 12, and Jane who is about 10.  He submits that he is willing to come to an account with his said ward and herewith submits an account of the estate.  /s/ R. Donnell, Atty. for Deft.

Nov. Term 1854 - Report of commissioners who made partition on Nov. 25, 1854 between Benjamin J. Midyett, William F. Midyett and Thos. G. Midyett, tenants in common of certain Negros, viz--
    Lot #1 - Jonas valued at $900.00 is allotted to Benjamin J. Midyett and from the other 2 lots he receives $208.33.  /s/ Marcus Swindell, S.H. Ritch, Robt. Jennett, Commissioners

This will & estate was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

© 2010 Kay Midgett Sheppard