John Kidd vs. Elizabeth Kidd: Chancery Cause, Prince Edward County
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to call there by Moses Kidd, until he the said Moses should come up, that when the said Moses did come up he ask the said John Toney what he had come 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 make no odds, for 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 the death of the said Moses Kidd, he (the said Moses Kidd) came to this deponent's house one morning and told this deponent that he came to get this deponent to write his will, as he did not suppose he could live but a little while, this deponent then informed said Kidd that he must decline doing it at that time on account of ill health, and advised that he should get some other person to do it, said Kidd then informed this deponent that one Sarah Folwell had in her possession a will of his of later date than the will which Mr. John Toney had and requested this deponent and his wife to take notice that, that will in the possession of Sarah Folwell was not his will, said Kidd further observed, that as to the will Mr. Toney had he had frequently asked for it and it was lost and gone, he did not regard that, but the will that 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 Boutright who were nearer to him than any one else. This deponent then asked said 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 inquire of John Toney where his will was? I took him to be be sober. Question by the same did you hear all the conversation between Moses Kidd and John Toney, and the beginning of it, that you have alluded to? I heard no other conversation than I have mentioned. And further this deponent saith deponent saith not. - John Williams
Buckingham county Sct. This day John Williams personally appeared before us Lenous Bolling and Daniel Guerrrant Justices of the peace for the country aforesaid and made oath to the truth of the matter contained in the within deposition; given under our hands this 8th day of October 1802. - Lenous Bolling Daniel Guerrant.
The deposition of Elizabeth Williams taken before us 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 and others Complainants, and Elizabeth Kidd, wife of Moses Kidd deceased, John Toney, and William Wilkinson executors of the said Moses Kidd defendants. This deponent being first sworn saith, that Moses Kidd some short time before his death called at her house and requested her and her husband to take notice, that Sally Falwell had in her possession a Will of his which he had left with James Cooper & sent her for it to distroy it, but that now she it she would not give it up, and that if he should die before he made another, that the said Will in her possession was not his will, that some time before the before mentioned conversation, she was at the house of the said Moses Kidd who appeared to be in on ill humour, and that she asked his wife what was the reason of it, her reply was, that Moses Kidd had requested her brother John Toney to up the will which he had in his possession, and that she had desired her brother never to do it, and that he had not brought it; and further this deponent saith not. - Elizabeth Williams x her mark
Buckingham County, to wit, This day Elizabeth Williams personally come before us Lenous Bolling and Daniel Guerrant, two of the Commonwealth Justices of the peace for the said county and made.