The coastland times with which is combined the pilot and herald of Belhaven and Swan Quarter. [volume] (Manteo, N.C.) 1959-1973, 1960-10-21
CAPTAIN MlDGETT'S ESTATE
NAMED IN $I3,564 SUIT
Mr.. and Mrs. Palmer Midget Brine
Action Against Executors; Case
Due TO Be Heard in January
(From The Daily Advance)


(From The Daily Advance)
Mr.. and Mrs. Palmer S. Midget
have filed two lawsuits against
the executors of the estate of the
late Cornelius P. Midget in an
effort to collect $13,564 they
claim is owing to them.
In answer to their complaints,
the attorneys sued, Fentress Hor-
ner of Elizabeth City and Martin
Kellogg of Manteo, deny the
claims and point out that the
couple has already received far
more tina that amount from C. P.
Midget, who died last March.
In the suit filed by Palmer S.
Midget, he claims to hold pa
per signed by the late C. P. Mid
gett, certifying that he owed the
plaintiff $598.62 in repayment of
money spent in the operation of
the First Colony Inn for the sum-
mer of 1858. He asks to recover
this, with interest since Nov. l,
1858.
The plaintiff also claimed that
he bought medicines, groceries,
beverages, clothing and other
items for his wife's uncle, in 1859,
amounting to $1,O1615, which he
seeks to recover with interest
since Oct: 1, 1859.
The plaintiff also claims that
in 1857, 1858 and 1859 and prior
years he rendered valuable serv-
ice in the operation of the First
Colony Inn, owned by C. P. Mid
gett, working at times as long as
20 hours a day, seven days a week.
He stated in his complaint that
the late Captain Midget agreed
to pay the plaintiff, partly by de-
vising to him an interest in the
hotel. He fixed the value of these
services at $4,000. According to
the plaintiff, Captain Midget and
his wife, the late Mrs. Daisy Mid
gett, made wills providing that in
certain contingencies the bulk of
their estates would go to Palmer
Midget and his wife, Mrs. Wilma
Midget, but that later, "in vio-
lation of the agreement" a will
was made devising the estate to
other persons. With the $4,000
Midget asks interest since March
l, 1860.
In her suit, Mrs. Wilma Mid
gett seeks to collect $1,000 which
she claims is due her for services
rendered as assistant manager of
the hotel, at which duties she
sometimes worked "16 hours a
day, seven days a week."
Like her husband, Mrs. Mid
gett expected to be paid as heir
to most of the estate but that Gin
violation of the agreement and at
the persuasion of others who
would profit thereby" a will was
executed devising the property to
others. Mrs. Midget also asked
interest from March l of this year.
i In their answers to the COM
plants, the executors of the es-
tate denied the claims. They
pointed out that for parts of three
years the plaintiffs, with their
three children, lived at the hotel
and received lodging and board
without charge. If Captain Mid
gett, according to the defendants,
sever owed the plaintiff anything
because of the matters set forth,
which is denied, the same has
been paid in full"
The answers to both suits set
out that Mr.. and Mrs. Palmer
Midget, after Mrs. Daisy Mid
gett's death, persuaded c. P
; Midget to convey to Mrs. Palmer
Midget his home place at Ro-
danthe, with its furnishings, val
ued a $4,000, which more than
"offset any monetary claims OF
the plaintiff and his wife.
In addition, according to the
answers, from time to time c. r
Midget advanced money to Pal
mer Midget, at one time as much
as 5000. Board and room for the
, couple and their three children
was given a monetary value to
$4,000.
In the answer to Palmer Mid
gett's compliant, the defendants
claim they have been informed
that the plaintiffs retained, with
out permission, valuable furniture
furnishings and golden anniver-
sary presents. In particular, an
i; antique dish mentioned in the will
and a valuable shotgun, worth
$500, were specified.
The plaintiffs lived from Sep
TENDER 1859, to April 1860, in
Captain Neil Midgett's cottage adj
iacent to the hotel, without pay
ing rent. At one time, when Pal
mer Midget considered purchas-
ing the hotel, he told Captain
Midget that if he did so and the
latter chose to stay in the cot
tage the rent would be $500 a