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

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(16) men and of low standing in society, and bad paymasters, the last, Martin Quarles is also a very poor man, and my general opinion of him is, that he is not an honest man, and further saith not. Samuel Southern Buckingham, to wit, The above deposition was sworn to before us the 11th January 1806. Dan'l Bagby Dan'l. Guerrant }

The deposition of Rebecca Toney 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 in evidence in a Suit in said court depending between John Kidd and others plaintiffs, and John Toney, and William Wilkinson executors of Moses Kidd decd defendants, the deponent being sworn upon the holy Evangelists of almighty God, deposeth and saith, that she went to Moses Kidds on the morning after he deceased, and that she remained there until the burial was made, and the company dispersed, that John Toney was there when this deponent arrived but soon after went away and did not return again, that William Wilkinson arrived at said Moses's a short time after said John Toney left there, and that the said John and William were not there together while this deponent staid there, and further saith not. Rebecca Toney x her mark The above deposition was sworn to before us this 11th day January 1806. Daniel Bagby, Daniel Guerrant }

The deposition of Daniel Guerrant, taken at the house of John Anderson in the Town of New Canton, this 8th day of March 1806 to be read as evidence in a Suit depending in the high court of chancery, between John Kidd, William Kidd and others plaintiffs and Elizabeth Kidd and John Toney and William Wilkinson Exors of Moses Kidd decd defendants. Agreeable to a commission from said court to us directed for that purpose, the deponent being first sworn deposeth and saith, that he was in Buckingham court and setting as a Member when an instrument of writing said to be a deed of gift from Elizabeth Kidd to William Toney son of John Toney was offered to said court to be admitted to record, John Toney was called upon to give testimony respecting said deed, and upon being asked if it had ever been read to Mrs. Kidd, answered that it had been read to her by William Hall before she signed, William Hall was soon after called upon and said that he had written such a deed, and delivered it to William Toney, but had never read it to Mrs. Kidd, and did not know whether any other person ever did, after Mr. Hall gave his testimony, Mr. Toney after some altercation before the court by the lawyers, was again called upon, and then said that his sister Betty Kidd had told him that Mr. Hall had read the deed to her before she signed it and further saith not. Daniel Guerrant Sworn to before us this 8th day March 1806. W Cannon, Daniel Bagby }

In obedience to a commission to us directed from the high court of chancery Richmond district, we have proceeded to take the deposition of Thomas McCaumack of lawful age at the house of John B. Saddles in the county of Buckingham who being first sworn, deposeth and saith, he was a neighbour to Moses Kidd now decd, and that some time prior to the death of the said Kidd, he supposes upwards of one year the said Moses Kidd was at the deponents house who asked the said Kidd if he had a Will, to which Kidd replied he had not, that the said deponent advised him to make one, but the reply was that if he should make one he should never have any more peace or rest during his life, the deponent then advised him to make one and put it into the hands or keeping of some trusty or good friend, or neighbour, where it might be Safely kept, by that means he might divide or give his estate away at his death to whom he pleased, and if he did not, and should die, without will his brothers would get it, Kidd made Answer, that they were the Very persons he wished and desired to have it, and said that the Toney family should never have a shilling of