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

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(15) destroyed that I know of, and further saith not. Turner Wilkinson Buckingham to wit, The above deposition was sworn to before us the 10th Jany 1806. Dan'l. Guerrant Dan'l Bagby }

The deposition of William Toney taken this 11th day of January 1806, a the house of John Anderson in New Canton, agreeably to a commission from the clerk of the high court of Chancery for the Richmond district, to be used as evidence in a Suit in said court depending between John Kidd and others plaintiffs, and John Toney and William Wilkinson exors of Moses Kidd decd defendants, The deponent being Sworn upon the holy Evangelists of Almighty God, deposeth and saith, that on Monday morning after the decease of Moses Kidd he went to the said Moses's house, and found John Toney the executor aforesaid there, William Wilkinson was not there, and did not arrive until about half an hour after John Toney aforesaid went off. This deponent Staid until the corps was buried, and the company separated, and John Toney did not return while he staid. Some few days before the death of said Moses, he the said Moses told this deponent, that John Toney had his will, and asked this deponent to go to William R Bernard, and get him to come and make some alterations in it, this deponent said that Mr. Bernard was not at home, but that he this deponent would get some one else, and did send for Mr. Williams who attended but found Mr Kidd so far exausted as not to be able to direct what he wanted him to do, and the only words that he the said Moses used after the arrival of Mr Williams was "write away," which he repeated several times, shewing thereby as this deponent then, and yet believes a desire that a change should be made in his will, this last circumstance happened on a Sunday morning, and Moses Kidd died on the night of the same day. This deponent says that he was at Buckingham Court when the will was recorded there, from which an appeal was taken, and that this deponent was also at the district Court where a fair hearing was had, and the will ordered to be recorded there also. Question by John Toney Were any objections made to the will in either of the courts aforesaid except as to the alteration above mentioned? Answer, I heard none. Question by Sherwood Kidd, are not you interested in the event of this suit? Answer. I am informed, that by the will, Elizabeth Kidd (the widow of said Moses) I am to receive a legacy of forty pounds. Question by the same, do you or do you not know that William Wilkinson and John Toney, met together on the morning already mentioned, at some short distance from the house of the said Moses? Answer, I heard Mr. Wilkinson say that they met in the road. Question by the same, did you ever hear Moses Kidd say that the Will in the hands of John Toney was not his will? Answer some times when in his cups I have heard him deny it, but never when sober. I understood that he at different times made several Wills, but afterwards would get dissatisfied and distroy them, indeed he told me himself, and he was sober when he did so, that he had taken back one that he had made and distroyed it; These wills last mentioned were as this deponent understood made after the old one that was recorded, and mentioned in this deposition. And further saith not. William Toney x his mark The above deposition was Sworn to before us this 11th day January 1806. Daniel Bagby Daniel Guerrant }

The deposition of Samuel Southern taken this 11th day of January 1806 at the house of John Anderson in New Canton agreeable to a commission from the clerk of the high court of Chancery for the district of Richmond to be used as evidence in a suit depending in said court between John Kidd and others plaintiffs, and John Toney and William Wilkinson exors of Moses Kidd decd defendants, the deponent being sworn upon the holy Evangelists of almighty God, deposeth and saith upon being questioned by John Toney as to what Character James Falwell, David Falwell, and Martin Quarles have generally in society? Answer the two first are very poor men