Estate of P. C. Midyett (1865-1874)
Transcribed by Sarah Midyett Hutcherson in November, 2000. Note: [sic] in the content below was inserted by the Haywood County TNGenWeb Coordinator when revising the text in January, 2026.
Source: Haywood Co., TN. Court Minutes; Vol. I
FamilySearch Film # 008659166 — click here to view images (requires free login)
Page 6: February Term 1865: It appearing to the satisfaction of the court that the minor heirs of P. C. Midyett, deceased, is without a regular guardian, upon application, it is ordered that David Moody be and is hereby appointed guardian ad litem to litigate.
Page 9: February Term 1865: An inventory and account of sales of the estate of P. C. Midyett was this day handed into open court by Thomas E. Noel, administrator. Sworn to and subscribed and ordered to be recorded.
Page 35: August Term 1865: Lucy A. Midyett vs Virginia A. Midyett & et als On petition of the Plaintiff, it appearing that P. C. Midyett died on ___day of November 1864, seized in fee, of a tract of land (pg 36) of two hundred and eighty seven acres, lying and being in the County of Haywood, also one other tract, lying and being in the said County, containing twenty eight acres of land, on which he resided at the time of his death, it appearing further that the plaintiff was his lawful wife, and is entitled to dower in said tracts of land, it appearing also that the Plaintiff had given defendants Virginia A., et als, heirs of said deceased, five days notice of this application, it is therefore ordered by the Court that I. E. Crutchlow; H. Branch; R. Jennings; free holders of said County, be appointed Commissioners in conjunction with R. L. Thomas, Surveyor in said County, to allot and set off to the Plaintiff, the one third value of the said lands for her dower and report to the next term of Court.
Page 36: August Term 1865: Ordered by the Court that the administrator of the estate of P. C. Midyett, Thomas E. Noel, appear, at the September Term 1865 of the County Court of Haywood County, to show cause if he has any, why this settlement of the guardianship of P. C. Midyett, for the separate estate of A. V. and E. M. Midyett be not set apiece and also that P. M. Neal attend as witness as to the hire of negroes.
Page 39: September Term 1865: Henry S. Moody guardian of A. V. & E. A. M. Midyett vs Thomas E. Noel Admr. of P. C. Midyett In this case, it is ordered by the Court that the petition be dismissed and the petitioner pay the cost of this case.
Page 46: September Term 1865: Lucy A. Midyett vs Virginia A. Midyett et al
The Commissioners appointed at the last Term of the Court to assign to the Plaintiff her dower in the estate of P. C. Midyett, deceased, return the following report.
The undersigned Commissioners at the last term of Court, do alot [sic] to Lucy A. Midyett, her dower out of the real estate of her deceased husband, P. C. Midyett, being sworn, do assign her the following land, lying in Haywood County, and bounded as follows: Beginning at the northwest corner of the tract, purchased by the deceased, of H. A. Partee – running thence south seventy five poles to a stake with gum, ashe and dogwood pointers – Thence east one hundred and ninety-nine poles, to a stake with pointers – Thence north 75 poles to the northeast corner of the aforesaid tract of land – Thence west 199 poles to the beginning, containing 93 acres, including the family mansion and out building, which we consider one third in the value of the real estate of said P. C. Midyett, deceased. Given under our hands and seals (pg47) this, the 20th day September 1865 Howell Branch (seal) T. E. Crutchfield (seal) Robert Jennings (seal) R. L. Thomas surveyor
Which report is in all things confirmed, and the Administrator pay the costs to wit: $5.00 to the surveyor, $2.00 each to Commissioners. Attorneys fee: $25.00
Page 403: Monday 5 August 1867: H. S. Moody guardian of Virginia & Ewell M. Midyett H. S. Moody was this day appointed guardian of Virginia Midyett and Ewell M. Midyett. Whereupon the said H. S. Moody came into Court, entered into and acknowledged his bond in the sum of Twenty-five hundred dollars, with Thomas E. Noel and H. B. Folk as his securities, who severally acknowledged said bond in open Court. Which bond was approved by the Court and ordered to be recorded.
Page 412: Monday 2 September 1867: W. W. Whitaker, Gdn, of Frances A. E., Emmerson E., and Lucy C. Midyett On motion, W. Whitaker was this day appointed Guardian of Frances A. E., Emmerson E., and Lucy C. Midjett [sic], whereupon the said Whitaker came into Court, entered into and acknowledged his bond in the sum of Twelve hundred dollars with J. B. Yancey and H. H. Mahon as his securities, who severally acknowledged said bond in open Court, which bond the Court approved and ordered to be recovered.
Page 421: Monday 7 October 1867: Ordered by the Court that the following appropriations to be made viz; (1) To David S. Moody, for support of pauper Peter and clothing for same this winter– -$50.00.
Page 445: Wednesday 6 November 1867: The settlement of Thomas E. Noel as administrator of the estate of P. C. Midjett, was confirmed by the Court and ordered to be recorded.
Page 459: January Term 1868: The settlement of H. S. Moody, guardian of Angeline V. and Ewell M. Midyett, made with the Clerk of this Court, was this day brought into Court, confirmed and ordered to be recorded.
Page 571: April Term 1868: The settlement of H. S. Moody as Guardian of Angeline and Ewell M. Midyett, was this day approved by the Court and ordered to be recorded.
Source: Haywood Co., TN. Court Minutes; Vol. J
FamilySearch Film # 008659166 — click here to view images (requires free login)
Page 9: April Term 1869: The settlement of H. S. Moody, guardian of Angeline & E. M. Midyett, was this day satisfied and confirmed by the Court and ordered to be recorded.
Page 9: April Term 1869: The settlement of W. W. Whitaker, guardian of Emma E. & Lucenda C. Midyett, was this day satisfied and confirmed by the Court and ordered to be recorded.
Page 289: 6th July 1870: H. S. Moody guardian of Ewell & Virginia Midyett It appearing to the satisfaction of the Court that H. S. Moody, Guardian of Ewell & Virginia Midyett, minor heirs of P. C. Midyett, dec’d; has paid to H. A. Partee, one hundred and seventy-eight dollars & twenty cents, as a compromise, to secure a good title to the land belonging to said minors, the title to the same having been disputed and assailed, by one Mrs. Susan S. Rayner, the original owner, and the Court being satisfied that the compromise and payment of said sum of one hundred and seventy eight dollars, twenty cents in money, was actually necessary in order to secure said land to said minors. It is therefore ordered by the Court, that the Clerk of this Court, give said H. S. Moody credit for the same, as his settlement as guardian for said minor children.
Page 289: 6th July 1870: W. W. Whitaker guardian of Collier Midyett, Fannie Midyett, & Emmerson E. Midyett It appearing to the satisfaction of the Court, that W. W. Whitaker, guardian of Fannie; Collier and Emmerson S. Midyett, minor heirs of P. C. Midyett, dec’d, has paid to H. A. Partee, $267.30 as a compromise to receive a good title to the land belonging to said minors, the title to same having been disputed or assailed by one Mrs. Rayner, the original owner. And the Court, being satisfied that the compromise and payment of said sum of $267.30, in money, was actually necessary in order to save said land to said minors. It is therefore ordered by the Court, that the Clerk of this Court give said Whitaker credit for same on his settlement as Guardian for said minor children.
Page 314: 6th September 1870: The settlement of H. S. Moody, as Guardian of Angeline Midyett and E. M. Midyett, was this day ratified and confirmed by the Court, and ordered to be recorded.
Page 314: Tuesday Morning 6th September 1870: The settlement of W. W. Whitaker, guardian of F. A. E. Midyett; Emma E. Midyett and Lucy C. Midyett, was this day ratified, and confirmed by the Court, and ordered to be recorded.
Page 459: Wednesday 8th March 1871: The final settlement of H. S. Moody, guardian of Angeline Midyett, was this day ratified and confirmed by the Court, and ordered to be recorded.
Page 515: Tuesday 6th June 1871: The settlement of H. S. Moody, as Guardian of E. M. Midyett, was this day ratified and confirmed by the Court and ordered to be recorded.
Page 515: Tuesday 6th June 1871: The settlement of W. W. Whitaker, Guardian of F. A. E. Mydette [sic – Midyett], Emmeraon [sic] E. Mydette [sic – Midyett] and Lucy C. Mydette [sic – Midyett], was this day ratified and confirmed by the Court, and ordered to be recorded.
Source: Haywood Co., TN. Court Minutes; Vol. K
FamilySearch Film # 008659167 — click here to view images (requires free login)
Page 252: Monday 3rd June 1872: Settlement of W. W. Whitaker, Guardian of F. A. E. Midyett; Emmerson E. Midyett and Lucy C. Midyett, was this day ratified and confirmed by the Court, and ordered to be recorded.
Page 252: Monday 3rd June 1872: The settlement of H. S. Midyett, Guardian of E. M. Midyett, was this day ratified and confirmed by the Court, and ordered to be recorded. (written as in book, but in other pages the guardian was H. S. Moody )
Page 476; October Term 1873: E. M. Midyett Admr., of Lucy Midyett, dec’d On motion, E. M. Midyett was this day appointed Administrator of the Estate of Lucy C. Midyett, dec’d. Thereupon, the said E. M. Midyett came into Open Court and was duly qualified, and entered into Bond in the sum of Eight Hundred Dollars, with W. W. Whitaker and John C. Chilton as his securities, who severally acknowledged said Bond in Open Court, which bond was approved by the Court, and ordered to be recorded to be recorded, and that Letters of Administration issue.
Page 495: 10th October 1873: W. W. Whitaker Guardian of F. A. E. Midyett The settlement of W. W. Whitaker, Guardian of F. A. E. Midyett, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
Page 495: 10th October 1873: W. W. Whitaker Guardian of Emerson E. Midyett The settlement of W. W. Whitaker, Guardian of Emmerson E. Midyett, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
Page 495: 10th October 1873: W. W. Whitaker Guardian of Lucy C. Midyett The settlement of W. W. Whitaker, Guardian of Lucy C. Midyett, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
Page 584; Monday 16th February 1874: The settlement of E. M. Midyett, Administrator of Lucy C. Midyett, dec’d, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
Page 584: Monday 16th February 1874: The settlement of W. W. Whitaker, guardian of F. A. E. Midyett, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
Page 584: Monday 16th February 1874: The settlement of W. W. Whitaker, guardian of E. E. Midyett, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
Source: Haywood Co., TN. Court Minutes; Vol. L
FamilySearch Film # 008659167 — click here to view images (requires free login)
Page 478: July Term 1875: Settlements made with the Clerk were this day presented to the Court to be confirmed; Settlement of W. W. Whitaker, as guardian for F. A. E. Midyett and of Emerson E. Midyett, and it appearing to the Court, that all the legal steps required by law, have been taken, and no person appearing to contest said settlements, the same, and therefore confirmed by the Court and ordered to be recorded.