Last updated Feb 2001
Will of SAMUEL MIDYETT
North Carolina, Currituck County April the thirtieth One Thousand Eight hundred and five.
IN THE NAME OF GOD, AMEN. I SAMUEL MIDYETT of the County and State aforesaid being weak of
body but of perfect mind and memory thanks be to God for it and calling to mind the
mortality of my body and knowing that it is appointed once for all men die. Do make and
ordain this to be my Last Will and Testament that is to say and First of all I recommend
my soul into the hands of Almighty God that gave it, and my body I recommend unto the
Earth to be buried in a Christian-like manner and at the discretion of my Executors
hereafter named, nothing doubting but at the General Resurrection I shall receive the same
again by the Mighty Power of Almighty God. And as touching such
Estates wherewith it has pleased God to Bless me with in this Life--I will and Demise and
Dispose of the same in the manor and form hereafter Written: First, My will is that all my
Just Debts and Funeral charges be fully paid and satisfied out of my Estate then:
Imprimis:I give to my Beloved wife Angelico one negro woman called ISABELL for and during
her natural life or widowhood and after her decease or marriage, the said Negro woman
ISABELL she and her Increase to be Equally divided between my children: William, Seth and
Sabrey, to them and their heirs forever. I give to my beloved daughter Angelico (Rolling)
one feather bed to her and her heirs forever and an old Negro woman called ?? and all her
increase to her and her heirs forever. Boson to be returned. Item: I give to my beloved
wife the fourth part of my personal Estate including stocks and cattle, sheep and horses
and hogs to her and her heirs forever -Item: I give to my beloved wife the privilege of
the Seaside on BODYS ISLAND during her natural life or widowhood, the said privilege to
her and her heirs forever.
Item: I also Bequeath to my daughter MARY ASHEE ten shillings to her and her heirs
forever.
ITEM: I give to my beloved daughter (AFFA) MASON ten shillings to her and her heirs
forever and I bequeath to my beloved son THOMAS MIDYETT ten shillings to him and his heirs
forever.
Item: I give and bequeath to my beloved son WILLIAM MIDYETT one sailing boat to him and
his heirs forever.
Item: I give unto my beloved son WILLIAM MIDYETT three negroes; FENDER, WILL & HANOR
to him and his heirs forever.
Item: I give to my beloved son WILLIAM MIDYETT the 4th part of my stock and
litter--horses, sheep and hogs, to him and his heirs forever.
Item: I gie to my beloved son WILLIAM MIDYETT the 4th part of all my household furniture
within doos to him and his heirs forever.
Item: I give unto my beloved son SAMUEL MIDYETT two negroes CUNGUR and son, to him and his
heirs forever.
Item: I give to my beloved son SAMUEL MIDYETT the 4th part of the household furniture
within doors to him and his heirs forever.
Item: I give to my beloved son JOHN MIDYETT three negroes; ELLECK, BOSON and ISAAC to him
and his heirs forever.
Item: I give to my beloved son JOHN MDYETT the 4th part of the Stock both cattle, horses,
sheep and hogs to him and his heirs forever.
Item: I give to my beloved Son JOHN MIDYETT one fourth part of all my household furniture
within doors and without doors -- all to be his, all to him and his heirs forever and I do
appoint JOHN MIDYETT, my son to be my Executor to this my Last Will and Testament and I do
herby acknowledge this to become exclusively my Last Will and Testament and do hereby
Revoke, Disallew, and Disannul all other wills, testaments and leygacies made by me
whatsoever.
IN WITNESS WHEREOF I have ?? set my hand and seal --
SAMUEL MIDYETT
Signed, Sealed In the presence of us
Nathaniel Midyett
Lewis Midyett Jurat
Benjamin Midyett
Source for the following: Currituck Co.,
N.C. Court Minutes (1807-1830)
May Term 1808 (May 30, 1808)
The Last Will & Testament of Sam'l Midyett, Sen., Dec'd. was exhibited & proved by
the oaths of Nath'l. Owens, Lewis Midyett, & Benjamin Midyett and at the same time
John Midyett, the Executor named therein, Qualified. Executor is to sell all perishables
that cannot be divided.
Ordered that Abraham Baum, Jos. Daniel, Wm. Daniel, Sr. and Thos. Poyner appraise &
Divide the estate of Sam'l Midyett, Sen'r., Dec'd. Among his lawful heirs. Also ordered
that the same men audit & settle the accounts of John Midyett, Executor of Sam'l.
Midyett, Sen'r.
Will of SAMUEL MIDYETT (son of above Samuel)
Samuel Midyett's will was proved in court by Benjamin & Wm Midyett In the name of God
amen. I, Samuel Midyett, of the County of Tyrrel in the State of North Carolina, Do make
this writing my Last Will and Testament revoking all others that may appear, Vis: I first
resign my body to the ground from whence it was taken to be buried in a Christianlike
manner, My soul to God who gave it. As touching my Worldy Estate that it has pleased God
to bless me with, Vis: Item: I desire first that all my just debts be speedily paid by my
executors.
Items: I give and bequeath to my beloved wife the Plantation whereon I now live, with all
the farming tools, Beginning at a Ditch on the like; Thence running with Benjamin
Midyett's line to his N.E. Corner; Thence to Affey Mann's S.W. corner, Then with Affey
Mann's line to the lake, then with the lake to the first station with all the houses and
fencing and a priviledge of Rail Timer on any of the land I now possess, During her life
and then to my youngest son John, to him, his heirs and assigns forever.
Item: I give and bequeath to my beloved wife one negro man named Mundy, during her life
and then to my youngest son John, to him, his heirs and assigns forever.
Item: I give and bequeath to my beloved wife one mare, to her, her heirs and assigns
forever.
Item: I give my daughter Affey, Ten shillings, to her, her heirs and assigns forever.
Item: I give to my daughter Anjelico, Ten shillings, to her, her heirs and assigns
forever.
Item: I give and bequeath to my son Thomas Midyett, Ten Shillings.
Item: I give and bequeath to my daughter Sally, Ten Shillings.
Item: I give and bequeath to my son, Samuel Midyett, Ten
shillings.
Item: I give my daughter, Mary, one feather bed and furniture.
Item: I give my son, Edward, one feather bed and furniture.
Item: I give my son, Joseph, one feather bed and furniture.
Item: I give my son, Belcher, one feather bed and furniture.
Item: I give my daughter, Sally D., one feather bed and furniture.
Item: I give my son, John, one feather bed and furniture. I give my land on Bodies Island
to my six children, Mary, Edward, Joseph, Belcher, Sally D. and John to them,. their heirs
and assigns forever.
Item: I give all the remaining part of my Land to be equally divided among my five
children, Mary, Joseph, Belcher and Sally D., to them their heirs and assigns forever.
Item: I give all the the remaining part of my property, both personal and real to my
beloved wife for the support of her children during her life and then to be divided equal
between my five children, Mary, Edward, Joseph, Belcher and Sally D., To them, their heirs
and assigns forever. My will is that my wife and my son, Thomas Midyet shall be my
executors. July 12th 1825.
Signed, Sealed in presents of us.
SAMUEL MIDYETT
Wit: Benj'n. Midyett
William Midyett
Will of BETHANY MIDYETT
On the Twelveth Day of Janurary, In the year of out Lord 1794. I, BETHANY MIDYETT, of
North Carolina, in the county of Currituck, Being very sick and weak in body but of
perfect mind and memory, Thanks be given to God for it, therefore calling to mind the
mortality of my body and knowing that it is appointed for all mankind once to die, Do make
and ordain this my Last Will and Testament, that is to say, principally and first of all,
I give and recommend my soul into the hand of God that gave it and for my body, I
recomment it to the Earth to be buried in a Christianlike and descent manner at the
disreation of my executors.
Item: I give and bequeath to my son BANISTER MIDYETT, one negro man named CHARLES, To him
and his heirs lawfully begotten forever.
Item: I give and bequeath unto my two sons, DANIEL MIDYETT AND BANISTER MIDYETT one negro
man named MARICAY, to them and their heirs lawfully begotten forever.
Item: I give and bequeath to my negro woman her Liberty forever to Live where and with
whom she will of my children as she shall think that they have need.
Item: I give and bequeath to my four daughters, JUDY, BETHANY, ZILPIAH, and MARY, the rest
of my estate to be equally divided amongst them; it being, one feather bed and furniture
and one cow and yearling and some sheep, one linen whell, one chest, four plates (?). I do
hereby appoint my two sons, DANIEL MIDYETT and BANISTER MIDYETT, To be my whole and lawful
executors and I do hereby acknowledge this to be my Last Will and Testament and do make
void and disannul all other. Whomsoever shall appear as witness my hand and seal
BETHANY MIDYET
Wit: Francis Midyett
Christopher Midyett
Susanah Scarbroth
ON THE INSIDE OF THE WILL IS WRITTEN:
Banister Midyett
Letters Testamentary
From Feb. Term 1795 with a copy of the will and inventory
State: North Carolina
By the Justice of our Courtly Court of Pleas and Quarter Sessions for the County of
Currituck. It being Certified unto us that Bethany Midyett, Late of this County, is Dead
and Hath make her Last Will and Testament, A Copy of which is here unto Annexed, and hath
therein appointed Daniel Midyett and Banister Midyett her Executors thereto, and Banister
Midyett hath qualified by taking the Oath by Law Appoined. These are therefore to impower
the said Banister Midyett to enter into and upon all the singular the goods, Chattles,
Rights, and Credits of the said Deceased and the same into his possession. take wheresever
to found in this State and the Just Debts of the Deceased pay, and the residue distribute
agreeable to the testators will, and the Law Shall Charge it.
Witness: Spence Hall, clerk
Of said Court of Currituck the 28th day of February
in the XIX year of the Independence of said State and in the year of our Lord 1795.
S. Hall, C.C.C.
