MIDDLETON, HENRY SENR.
Secretary of State Papers
Colony of North Carolina
Tyrrell County
Dated 6 March 1738/9
In the name of God amen ye 6th day of March 1738/9 I Henry Middleton Senor of Terrill Prect. in ye Province of North Carrel. be very sick & weak in body but of perfect mind & memory thanks be given to God & therefore calling to mind ye mortallity of my body and knowing it is appointed for all men once to die, do make & ordain this my last will & testament (that is to say) Principaly & first of all give & recommend my soul into the hands of God that gave it, and my body I recommend to ye earth to be buried in decent Christian burial at ye discretion of my executors, & as touching such worldly affairs in estate wherewith it hath pleased God to bless me with in this life I give demise & dispose of ye same in ye following manner & form.
Imprimis - I give will & bequeath to my son James Middleton my manner land & plantation to him and ye heirs lawfully begotten by him & rovided there wants an heir from my son James then to fall to my daughter Mary Middleton and her heirs for ever.
Item - I give & bequeath to my son James my bigest iron pot & a small iron skillet & two iron wedges.
Item - I give & bequeath to my daughter Mary Middleton a small iron pot and a large skillet.
Item - I will and bequeath that my beloved wife Martha Middleton have her living on my sd. estate during her widdowhood & that my stock be equally divided between my wife & two children after my decease each to have their proportinable share.
Item - I give and bequeath to my sons John & Henry Middleton one shiling each to be leavied out of my estate.
Item - I give and bequeath to my son in law Elisha Farley one cow calf and one yew & lamb & their increase.
Item - I make will & ordain my beloved wife Martha, Daniel Garret & Samll. Durrance my sole executors of this my last will & testament of all & singular my lands & stock & I do hereby disannull revoke all & every other former wills & bequests & executors in any ways before named confirming this & no other to be my last will & testament in witness whereof I have hereunto set my hand & seal ye day & year afore written.
Henry (his -I- mark) Middleton
Signd seald & delivrd
in presence of us
Thomas Lee
Benj. (his -B- mark) Walker
Abagail (her mark) Walker
Tyrrell County June Court 1739 -
Minutes
Present his majestys -
These may certify that Benj. Walker & Abigall Walker two of the subscribing witnesses to the within will
appeared in open court & mad oath on the Holy Evangelists that they were present & saw Henry Middleton
sign, seal, publish, declare the within to be & contain his last will & testament and at the time of signing
he was of sound & disposing memory & that they also saw Thos. Lee the other subscribing witness sign
his name thereto at the same time. Then also appeared Martha Middleton as executrix and took the
executors oath in due form of law.
Tyrrell County Court of Pleas & Quarter Sessions
March Session 1740
Daniel Garrett was duly qualified as executor of the last will and testament of Henry Middleton deceased.
Ordered that Benjamin Blunt, Richd. Fagan and Benjamin Walker be and they are hereby appointed to divide the sd. estate of Henry Middleton deceased according to the will of the decased and that there be a return made of the division to the next court Vca.
June Session 1740
Whereas Daniel Garrett obtained an order at the last court for Benjamin Blunt, Richard Fagan and Benjamin Walker to divide the estate of Henry Middleton deceased and since the last court one of the persons who was appointed to divide the sd. estate is deceased, so that the said estate is not divided, it is therefore ordered that William Barrett, Richard Fagan and Benjamin Walker be and they are hereby appointed to divide the said estate according to the will and that there be a return made of the division to the next court upon oath.
Ordered that Allexander Mitchel pay to Benjn. Walker four pounds for cloathing and boarding a child called Jams. Middleton vca and upon refusal to pay the same the Sheriff levey vca. by virtue of this order vca.
September Session 1740
Ordered that Alexander Mitchell be allowed the sum of 8 pounds, 12 shillings out of the estate of Henry Middleton deceased for his acct. against the said estate.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.34), Box 34
Middleton, Henry, 1739
Account of charges against the estate of Henry Middleton deceased filed in 1843 by Daniel Garrett. Includes payments to William Barrett, Richard Fagin & Benjamin Walker for days spent dividing and to Thomas Leary for unknown reasons {torn}.
Return to Tyrrell County Probate Records