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

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(6) The above deposition taken before us two of the Commonwealths Justices of the peace according to law, at William Jones this 8th day of April 1803 G. Miller Daniel Bagby }

Buckingham County Sct. The deposition of Elizabeth Jones of lawful age being being duly sworn on the holy Evangelists, in a suit depending in the high court of Chancery for the Richmond district between John Kidd and other Complts and Elizabeth Kidd wife of Moses decd and John Toney and William Wilkerson executors of the said Moses Kidd defendants saith, that she heard Moses Kidd say that John Toney had his will, and that he had given the whole of his estate to his wife. Question by the plaintiffs, when did you hear Moses Kidd made use of the above conversation? Answer Some time before his death. Question by the same did you think Moses Kidd was Sober? Answer I don't know whether he was or not; And further this deponent saith not. The above deposition taken before us two of the commonwealth Justices of the peace according to law at William Jones's this 8th day of April 1803. G. Miller Daniel Bagby }

Buckingham County, to wit, The deposition of Isham Scruggs of lawful age, being first sworn on the holy Evangelists of Almighty God in a Suit depending in the high court of Chancery in the Richmond district where Joseph Kidd and others is plaintiff and John Toney and William Wilkinson executors of Moses Kidd decd is defendants, saith that about the year 1793 being in company with John Toney and Moses Kidd and heard the said Moses Kidd attact the said Toney in an angry manner, and asked the said Toney where was his will, the said Toney told him that he had put it away with his papers and had not seen it for some time, he the said Moses then demanded his will of the said Toney, and said that he would have it, and have an alteration in his will, the said Toney told him that any alteration he could make in his will he was willing to do it for him, and he the said Toney told him his Estate was his own, and do as he pleased with it. Isham Scruggs Sworn to before us at John Anderson's Tavern in New Canton 23rd April 1803 Peter Guerrant, Daniel Bagby }

Buckingham County to wit, The deposition of Charles Toney of lawful age, being first Sworn on the holy Evangelists of Almighty God in a Suit depending in the high court of chancery in the Richmond district, where Joseph Kidd and others is plaintiffs and John Toney & William Wilkerson executors of Moses Kidd decd is defendants, saith, that about the year 1793, he the deponent being in company with John Toney and Moses Kidd, heard the said Moses Kidd tell the said Toney, that he wanted an alteration in his will, that was then in the possession of John Toney, the said Toney told him that his estate was his own and his will his pleasure to come and alter it when he saw fit. And further the deponent saith not. Charles Toney X his mark Sworn too before us at John Anderson's Tavern in New Canton 23d April 1803 Peter Guerrant, Daniel Bagby }

The deposition of Elizabeth Southern taken at the house of Benjamin Pollard agreeable to notice the 5th May 1804 to be read in a Suit depending in the high court of Chancery for the Richmond district wherein Joseph Kidd in behalf of John Kidd &c are plaintiffs and Elizabeth Kidd, William Wilkinson and John Toney are defendants, the deponent being first duly Sworn deposeth and Saith, that in the life time of Moses Kidd deceased she heard him say that the will that John Toney then had was his will and that he wished not to alter it, except that if he lived longer than his old woman, he wished to set his negroes free at his death. The deponent further states that Moses Kidd (as aforesaid) said that if he was to give his estate to some of his kin, to William Kidd or Ben that they would not know how to possess it. This deponent wishes to be understood that