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

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(5) made oath to the truth of the matter contained in the foregoing deposition; given under our hands the 8th day of October 1802. - Lenous Bolling and Daniel Guerrant }

The deposition of Thomas McCormack, 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 Complts. and Elizabeth Kidd wife of Moses Kidd deceased, John Toney and William Wilkinson Exors of the said Moses Kidd defendants. - This deponent being first sworn saith, that about a year or two before the death of Moses Kidd, this deponent asked him why he did not make a will, he replied that he had made a will when he went to the Siege of York & left it with John Toney to be his will if he never returned, but that he had returned and of course that was now not his will, that he had applied to John Toney for the will, who had informed him it was destroyed or lost, that he would made another, but that he would thereby make some discontent in the family, and perhaps he might be the longest liver and might then make a Will as he pleased, and swore that none of Toney's should ever have any of his estate; this deponent still advised the said Moses to make another will, telling him if he did not, his brothers would come in for his estate, his reply was, he would rather they should than any person else. - And further this deponent saith not - Thomas McCormack x his mark

Buckingham County, Sct. This day Thomas McCormack personally appeared before us Lenous Bolling and Daniel Guerrant Justices of the peace for the county aforesaid and made oath to the truth of the matter contained in the within deposition; given under our hand this 8th day of October 1802. Lenous Bolling Daniel Guerrant

Buckingham County, to wit The deposition of William Jones of lawful age, being first sworn on the holy Evangelists of Almighty God, in a suit depending in the high court of Chancery, 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, as on behalf of Elizabeth Kidd wife of Moses Kidd deceased, John Toney and William Wilkinson executors of the said Moses Kidd decd defendants, deposeth and saith, that in the life time of Moses Kidd, he this deponent saith he heard the said Moses say, the he had made his will, and that John Toney had it, leaving his estate to his wife, she having scuffled with him in making it, and should she the said Elizabeth out live him, was to have the estate. Question by the plaintiffs, whether the said Moses was Sober at the time he heard him say John Toney had his will? Answer, that the said Moses was a man subject to drink, but could not say whether he was then in liker or not. Question by the plaintiffs, how long was it before the death of Moses Kidd, he heard him say that John Toney had his will? Answer some time before his death, but exactly how long he could not recollect. And further this deponent saith not. The above deposition, taken before us two of the Commonwealths Justices of the peace according to law, at William Jones's this 8th day of April 1803. Daniel Bagby, George Miller

Buckingham County Sct. The deposition of Samuel Southern of lawful age being first sworn on the holy Evangelists of Almighty God, 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 decd and John Toney and William Wilkerson exors of Moses Kidd defendants saith, that about a year before his death, that he heard the said Moses say that if his wife was the longest liver, that she was to have his estate, and if he was the longest liver he intended to set his negroes free. Question by the plaintiffs, did you think Moses Kidd was Sober? Answer I think he was perfectly sober, as he was in his field at work; And further this deponent saith not. The