Return to Tyrrell Co Wills Introduction & Table of ContentsIn the name of God amen, I Ann Midyett of the County of Tyrrell and State of North Carolina this
nineteen day of December one thousand eight hundred and fifteen do make and declare this my last will and testament
revoking all other wills in manner and form following. First I commit my sole into the hands of Almighty God and my body
to be buried at the discretion of my executor hereafter named, and for my real and personal estate I give and dispose
thereof as following - Viz.
I give unto my daughter Rhoda one bed and furniture half dozen silver tea spoons to her forever.
Item - I give unto my son Joseph the land I bought of Nancy Pledger and Zillah Pledger to him forever. My desire is
that if my son Joseph die before he arives to age my desire is that my daughter Rhoda should have the said
land.
Item - I give unto my son Joseph half dozen silver tea spoons.
Item - My desire is that the balance of my estate be sold at the descresion of Executor hereafter named to pay my debts -
If thare be any balance after paying my debts I the same to my daughter Rhoday to her and her heirs forever -
And lastly I do nominate and appoint Thomas Leigh to be my sole executor of this my last will and testament in
witness whereof I have set my hand and seal this day and date above written--
Signed Sealed & declared in the
presence of us
Signs seled and
William Combs
Tyrrell County Returned April Term 1818 and Proved Jany Term 1819
(The following paper was included in the file. It appears that it might have been a draft of the will.)
Item All the lands that I purchased and deeded to me by Zilla Pledger & Nancy Pledger known by the name of
Barneys (?) place and all the land left by the will of my father give and bequeath to my son Josep Midyett to him
and his hirs and Item I give and bequeth to my daughter Rodah Midyett one feather bead & furniture (her choice) my hunting saddle
and bridle, one cow & calf two ewes & lambs and one set of silver tea spoons Item I give and bequeth to my son Joseph Midyett and daughter Rhodah Midyett my negro man Harry to
them and there heirs & assigns for ever.
Item I give and bequeth to my son Joseph Midyett and Rhodah Midyett all the remaining part of my property, to
be equally divided Item I do hereby apoint Thomas Leigh Esq. & Samuel Spruill to be my whole executors to this my last will &
testament revoking all others in
(reverse side)
Put lines of Nancy Midyett
(various notes scribbled about)
Midyett ?
Minutes
Ann (her x mark) Midyett (Seal)
declard in the
presents of us
Permelia Foster
This will was exhibited in open court & proved by the oath of Permelia Foster who swore she saw William Combs
also a subscribing witness thereto sign at the same time ordered to be recorded
Test Ja Wood Clk
assigns for ever one set of silver tea spoons one chest one mahogany breakfast table
to have and one furniture (?)
chest, one hackle, one pare of smothing irons
amongst between them after being sold by my executor he giving a credit of six months
Will--------------
cy (?)
Jno. Midyett
Tyrrell County Court of Pleas & Quarter Sessions
April Session 1818
Ordered that Thomas Leigh be appointed guardian to Rhoda & Joseph Midyett, orphans of Ann Midyett & has entered into bond in the sum of ten thousand dollars James Hassell & Henry Alexander Junr. his securities.
Ordered that Thomas Leigh Esqr. have leave of administration pendente lit (?) on the estate of Ann Midyett & has entered into bond in the sum of five thousand pounds Samuel Spruill & John Marriner securitys.
Ordered that Thomas Leigh administrator of the estate of Ann Midyett deceased sell the estate of said deceased agreeable to law & make return to next court.
July Session 1818
An inventory and the account of sale of Ann Mydyett deceased was returned in open court by Thos. Leigh the administrator on oath ordered filed.
January Session 1819
The last will and testament of Ann Midyett was exhibeted in open court and proved by the oath of Permela Foster, who swore that she saw William Combs sign as witness at the same time. & filed.
Same time appeared Thos. Lee Esqr. and qualified as executor thereto in due form of law. {This immediately follows the previous entry.}
Ordered that Selby Patrick Paul Thoroughgood & Henry Alexander be appointed to audite & settle the accounts between Ann Midyett deceased & Thomas Leigh present guardian to the heirs of said deceased & make return to the next term.
April Session 1819
The audited account between Ann Midyett former guardian to Rhoda Midyett was returned in open court & filed.
The audited account between Ann Midyett former guardian to Joseph Midyett was returned in open court & filed.
April Session 1820
Ordered that Selby Patrick Henry Alexander John Thoroughgood audite settle & divide the estate of Ann Midyett deceased agreeable to the will of said deceased & make report to next term.
July Session 1820
Report of auditors & division on the estate of Ann Midyett was returned in open court a balance due the heirs for hire of negroes & rent of land $121.52 and filed.
April Session 1822
Thomas Leigh returned in open court the guardian account of Joseph Midyett to whom he is guardian on oath & filed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.34), Box 34
Midyett, Ann, 1818
Bond dated 13 Apr 1818 in the amount of ten thousand pounds in thich Thomas Leigh is appointed guardian to Rhoda Midyett & Joseph Midyett orphans of Ann Midyett deceased, Henry Alexander & James Hassell of Jas./Jos. securities.
Bond dated 14 Apr 1818 in the amount of five thousand pounds appointing Thomas Leigh administrator of the estate of Ann Midyett deceased, Samuel Spruill & John Marriner securities.
Record of proceedings in the suit between Ann Midyett's executor Thomas Leigh and John Midyett by James
Wood, clerk, on 1 Oct 1818:
In April term 1818 Thomas Leigh as executor of Ann Midyett offered for probate the will of the said Ann Midyett
and John Midyett opposed the same by his attorney.
In July term 1818 a jury was empaneled and ruled the said will as valid. Appeal was requested and granted to John Midyett
who entered into bond. John Midyett was given judgement by the court to pay the court costs of Thomas Leigh amounting
to 8 pounds, 9 shillings & 1 pence.
Execution dated 9 Nov 1818 and issued 24 Dec 1818 against John Midyett by the Superior Court of Tyrrell County in which he is ordered to pay costs & fees which the executor of Ann Midyett recovered against him.
Bond dated 31 Dec 1822 in the amount of three thousand pounds in which Edmund Alexander is appointed guardian to Joseph Midyett a minor orphan, Ephraim Mann & Samuel Leigh securities.
This file also contains a number of judgements & subpoenas for witnesses to appear and testify in the suit between Thomas Leigh executor of Ann Midyett and John Midyett. One of the witnesses was Permelia McClees who must have been a married Permelia Foster, a witness to the will. (See marriage record below.)
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Pemela Foster to John McClees Jr. on 24 May 1816, Isaac Alexander security; also
Rhoda Midyett to Edmund Alexander on 8 Feb 1819, Robert B. Webster security.
Transcriber's Notes:
Ann Midyett was the wife of Samuel Midyett who died in 1815. See the file on him.
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