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John Kidd vs. Elizabeth Kidd: Chancery Cause, Prince Edward County

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(8) in the high court of Chancery for the Richmond district, between John Kidd and others complts and Elizabeth Kidd, John Toney, William Wilkerson executors of the said Moses Kidd defendants, being first duly sworn saith, that in the last illness of Moses Kidd decd, he the said Hansford was sent for, and the messenger told him that he must immediately go to Moses Kidds as it was thought he was Very likely to die; accordingly this deponent went and found Moses Kidd lying Very ill but appeared to be in his proper senses with his wife and several others around him, and from what this deponent believes it was Kidds desire that he should write his will, the said Kidd having before that time made such expressions which induced him (this deponent to believe) this deponent says after he got to Mr. Kidds, he the said Moses Kidd said to his wife (these words to wit) "Betty I will give you my estate as long as you live," her reply was, "I will not have it so." Moses Kidd then said to her do you want it any longer, she answered yes I do, and then said to this deponent I expect to see you again, and nothing further passed between this deponent and Kidd at that time. Question by the plaintiff, What have you heard Moses Kidd say with regard to a Will he made several years before his death? Answer, I have heard him at several times say that he had made a Will when he was going into the Service in the late was with Great Brittain, and that he had by that will given all his estate to his wife to dispose of as she should think proper, and the said Moses Kidd expressed to this deponent, that the will that he had left in the care of John Toney was not his will for he did not intend that the family of the Toneys should ever possess his estate; when those expressions were made to this depon't. the said Kidd were in a state rather inlivened with liquor, but not in a state but what this deponent believes he was not intoxicated. W. Hansford Sworn and subscribed to before us in the presence of the parties the 7th day of May 1804. Boaz Ford Daniel Bagby }

The deposition of Nancy Quarles of lawful age, taken at the house of Benjamin Pollard in the Town of New Canton agreeable to notice, to be read in a Suit depending in the high court of Chancery for the Richmond district between John Kidd & others complts and a Elizabeth Kidd wife of Moses Kidd decd, and John Toney and William Wilkerson exors of the said Moses Kidd defendants, being first duly sworn saith, that since the death of Moses Kidd, she heard William Wilkerson one of the defendants tell the widow of Moses Kidd decd. that the will which John Toney had in his possession was a thing of nothing before he (John Toney) made it a good Will, but he had now made it a good will, she the deponent says, that the said Wilkinson told the said widow that she must hold her tongue and not say too much, lest the people should get some hold on the matter. Nancy Quarles x her mark Sworn to before us the 7th May 1804 Boaz Ford, Daniel Bagby }

The deposition of Col'o. William Cannon of lawful age, taken at the house of Benjamin Pollard in the Town of New Canton, agreeable to notice, the seventh day of May 1804 to be read as evidence in a Suit depending in the high court of Chancery for the Richmond District between John Kidd & others Complts, and Elizabeth Kidd, John Toney, and William Wilkinson defend'ts. being duly sworn saith, that, that he was for many years acquainted, and in a Very friendly intercourse with Moses Kidd who Very often informed the said deponent of his situation and circumstances especially respecting his white family, that he having no children had gone astray, and had children by a certain Sally Fallwell whom he patronized, and after that to divide his estate amongst his children meaning the Illegitimate children of Sally Fallwell, and that the Toneys, meaning the family of his wife should never inherit any of his estate, and often appeared sorry for his conduct, and as well as this deponent recollects, informed that he had for many years passed made a Will and placed