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

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(17) of his Estate. Question by the defendants, Whether Moses Kidd did not inform the said deponent that he had made a will? Answer, he did, and said he had formerly made one prior to the Siege of York, which was to have been his will if he never returned, but after returning he never intended it to remain as his will, mentioning that his estate had increased, and that he had demanded the above described Will from John Toney, in whose care he had left it in order to distroy it, but Toney, informed him the said Kidd that the will was distroyed or lost, and further saith not. Thomas McCaumack x his mark Sworn to before us as magistrates for the county of Buckingham the 1st day of March 1806. W. Cannon Dan'l. Bagby }

Bolling Branch being sworn as a Witness in a Suit depending in the chancery district court held in the city of Richmond between John Kidd, William Kidd, Benjamin Boatright son of James Boatright, and Sarah his wife, late Sarah Kidd, Benjamin Kidd, Richard Falwell and Dicy his wife, Susanna Quarles a Widow, James Quarles and Judith his wife, Reuben Southern and Patsy his wife, and Nancy Smith plaintiffs, and Elizabeth Kidd wife of Moses Kidd decd and John Toney, and Wm. Wilkinson executors of the said Moses Kidd deceased defendants, this deponent deposeth and saith, that the will of Moses Kidd decd is written upon a piece of paper much larger than I have ever seen a pocket book. It is about two thirds of a half sheet, and I believe never was torn from a pocket book. B Branch Sworn to before us, at Buckingham Courthouse the 10th of March 1806. Henry Flood John Flood

David McCormack being sworn as a Witness in a Suit depending in the chancery district court held at Richmond between John Kidd, William Kidd, Benjamin Boatright son of James Boatright and Sarah his wife late Sarah Kidd, Benjamin Kidd, Richard Falwell and Dicy his wife, Susanna Quarles a Widow, James Quarles and Judith his wife, Reuben Southern and Patsy his wife, and Nancy Smith plaintiffs, and Elizabeth Kidd wife of Moses Kidd deceased and John Toney and Wm. Wilkinson Exors of the said Moses Kidd decd defendants, This deponent deposeth and saith, that Moses Kidd decd asked John Toney for his will, which he made in the year 1781 and Mr. Toney observed that he had thrown the said will into the fire, Mr Kidd observed that he wanted the said will back again, This deponent believes the above conversation took place some time in the year 1781, and that the said Moses Kidd called upon this depon't to take particular notice, that Mr. Toney said, the said Will was burnt, and further saith not. David McCormack x his mark Sworn to before us at Buckingham Courthouse this 18th March 1806. Henry Flood John Flood }

The deposition of John B Sadler, taken the 31st January 1806 at the house of John Anderson in New Canton, agreeable to commission, to be read as evidence in a suit depending in the high court of Chancery, for the district of Richmond, between John Kidd and others plaintiffs and John Toney and William Wilkinson executors of Moses Kidd decd defendants, the depon't. being duly sworn, deposeth and saith, that he was present when John Toney was about to give up a Note of hand of David Falwell's to the constable, upon which he had been warranted, the said Falwell was present, and said he did not owe the money, Toney said if he would swear that he did not, he would give it up, upon which Falwell made oath that he did not owe it, and the note was given up, after which Toney applied to Falwell for an open account, he replied, that he tho't he had swore it all off, but if he had not he would pay the balance that was due. And further saith not. Jno. B. Sadler Sworn to before us this 31st January 1806 Daniel Guerrant Daniel Bagby }