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

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(11) Justices of the peace for said county, at the house of Benjamin Pollard on the 3rd July 1804. Daniel Guerrant Daniel Bagby

Agreeable to a commission to us directed from the high court of Chancery for the Richmond district, in a Suit depending between John Kidd and others plaintiffs and Elizabeth Kidd, wife of Moses Kidd decd, and John toney, and William Wilkinson executors of the said Moses Kidd decd defendants, We have this day at Benjamin Pollard's Tavern in the Town of New Canton and county of Buckingham agreeably to notice to us proved, proceeded to take the deposition of John Williams of lawful age, who being first legally qualified, deposeth and saith, that some several years before the death of Moses Kidd, he the said Moses invited John Toney to Call in at the deponent's house on his return from a Muster, which the said Toney did, and informed this deponent that he was requested to call there by Moses Kidd, until he the said Moses should come up, that when the said Moses did come up he asked the said John Toney what he had done with his old Will, the said Toney replied that he could not tell, he expected it was lost, for he had not seen it for several years, the said Kidd then said that it made no odds, that he had a great deal more to will now, than he had when he made that Will, this deponent further saith that he hath frequently heard Moses Kidd say in his life time, that his wife led him an ill life until he made that will, that it was not his will, and that he intended to have another, that about a month as near as this deponent recollects before death of said Moses, he the said Moses came to this deponent's house one morning, and told this deponent that he came to get him to write his will, as he did not expect to live long; this deponent then informed said Kidd, that he must decline doing it on account of ill health, and advised that the should get another person to do it, said Kidd then informed this deponent, that one Sarah Folwell had in her possession a Will of his of a later date than the will which Mr. Toney had and requested this deponent, and his wife to take notice, that the will in possession of Sarah Folwell was not his will, and Kidd further observed, that as to the will Mr. Toney had, he had frequently asked for it, and it [illegible] and gone, he did not [regard that?], but the will Sarah Folwell had was the will he was afraid would come against his estate, said Kidd then observed to this deponent, that his wish was, that his estate be lent to his wife during her life, and after her death to go to the families of John Kidd and James Boatright, who were nearer to him than any one else. This deponent then asked Kidd if he did not intend to give his estate to his children (meaning his reputed children by Sarah Folwell), his answer was, he meant to will it as aforesaid. Question by the defendants. Was Moses Kidd sober at the time you heard him enquire of John Toney where his will was? Answer, I took him to be sober. Question by the same, did you hear all the conversation between Moses Kidd and John Toney, the beginning of it that you have alluded to? Answer, I heard no other conversation than what I have mentioned. Question by same, do you know what quantity of Spirits you furnished him with before said conversation happened? Answer, not more than two jills, I know, but I believe he had but one jill, and I recollect said Moses told me had drank not a drop of spirits during that day before what he then had. And further this deponent saith, that he frequently asked the said Moses why he did not make a will, telling him at the same time, that he might die and that the old one in possession of John Toney would stand good, he said that, that will was distroyed and gone, and that this deponent should hear him ask Mr. Toney for it some day or other, this conversation happened previous to what is related above, and when the said Moses was in his cups, this deponent believes that said Moses brought the said Toney to his house, that he (this deponent) might bear evidence that the said Moses had made due application to the said John Toney for the will aforesaid. Question by the same, From the knowledge of, and acquaintance you have with me, have you any reason to believe, that I would have refused to give up the Will, if Moses had have applied at my house in a proper manner? Answer No, I have none as to my own knowledge