Return to Tyrrell County Wills IntroductionIn the name of God amen, I John Midyett of the County of Tyrrell and the State of North Carolina, being of sound mind and perfect memory, blessed be God, calling to mind the mortality of the body & knowing that it is appointed unto all men once to die, do this 29th day of September Anno Domini 1832 make, ordain, and declare this instrument to be my last will and testament hereby revoking all others heretofore made by me. First of all, I recommend my soul to God who gave it and my body to the dust to be burried in a Christian like manner at the discretion & direction of my executors hereafter to be mentioned - and as touching such earthly goods it has pleased Almighty God to bless me with, my will and desire is, that they shall be disposed of as follows - to wit -
Item - It is my will and desire that my fishery situated in Little Alligator Creek be rented out annually to the highest bidder until my son Thos. B. Midyett arrives at lawful age and that the seine flot & all other implements to the same belonging be sold by my executors.
Item - I lend unto my beloved wife Lois Midyett my manner plantation, together with all my other lands not heretofore mentioned, and whatsoever appertaineth thereunto, including, stock, farming utensils & all my working tools during her natural life and at her death I give the same to my son Thos. B. Midyett to him and his heirs forever ---
Item --- I give to my son Thos. B. Midgyett my family Bible, containing the family records, & my beaufat & furniture, to him & his heirs forever.-
Item - I give to my daughter Nancy S. Midyett my negro woman Scynthia & girl Nancy & boy Minor and their increase forever, also a Mahogany Beauro, to her and her heirs forever ---
Item - All my other negroes not before mentioned as well as all other property not included in legacies. I lend unto my beloved wife Lois during her natural life, and at her death I give the same, to be equally divided between my son Thos. B. Midyett and my daughter Nancy S. Midyett, to them & their heirs forever ---
Item - If the produce of my farm or profits of my estate should not hereafter be sufficient to support my family & educate my children, it is my will & desire that my executors sell such property as they or either of them see proper always excepting legacies, to raise a sufficient sum for the same ---
Item - It is my will & desire that if any of my negros should become disorderly or unmanagable that my executors shall use their discretion to sell them immediately & apply the proceeds to the education, support & interest of my children ---
Item - I hereby constitute & appoint my beloved wife Lois Midyett & my friend Ephraim Mann my whole & sole executors to this my last will & testament.
John Midyett (Seal)
Signed Sealed and declared as the
last will and testament of Jno.
Midyett before us
Samuel Pledger
Mary Clough
State of North Carolina
Janry FebruaryTerm 1839
Tyrrell County Court
The foregoing last Will and testament of John Midyett was exhibited and duly proved in open court by the oaths of Samuel Pledger and Mary Clough the subscribing witness thereto and it appearing to the court that Lois Midyett refuses to qualify thereto and that Ephraim Mann is dead it is ordered that administration with the will annexed be granted to Thomas B. Midyett and that the foregoing will and this probate be recorded in due form of law.
Test Jos. Halsy Clk.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
July Session 1841
Ordered that John McClees, Samuel Leigh & James J. Pledger settle and audite the estate of John Midyett with Thomas B. Midyett the administrator.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.34), Box 34
Midyett, John, 1839
Bond dated 28 Jan 1839 in the amount of twelve thousand dollars appointing Thos. B. Midyett adminitrator with the will annexed of the estate of Jno. Midyett, deceased, Hez. G. Spruill & Samuel Leigh securities.
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