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

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(7) that said Moses Kidd's observations was to this amount, that if he gave a part of his estate to one and not to another (of his relations) that it might give offence, he therefore would give all to his old Woman And farther this deponent saith not. Elizabeth Southern Buckingham to wit, Sworn in due form the date above written before us two of the commonwealth's Justices of the peace for said county. Daniel Guerrant Daniel Bagby } Questions made by Joseph Kidd to Elizabeth Southern, Sworn as within stated, to wit do you believe that the will you speak of was his Will? Answer, I do believe that it was having heard say it was several (or many) times. The deponent further saith not Buckingham to wit Sworn to in due form the date before mentioned before us. Daniel Guerrant Daniel Bagby

The deposition of Peter Davis of lawful age, being duly Sworn taken at house of Benjamin Pollard in New Canton agreeable to notice this 7th day of May 1804 in a suit depending in the high court of Chancery in the Richmond district between John Kidd and others plaintiffs and Elizabeth Kidd, John Toney and William Wilkerson defendants, saith that he was passing by where Moses Kidd lay, when it was thought the said Kidd was dangerously ill, this deponent went in, after which time this deponent was called upon Moses Kidd to write a will for him, the deponent says he made some excuses in as much as he was not acquainted with the form of wills, the said Moses Kidd expressed that what he had made formerly as a will which was then in the hands of John Toney was not his will at that time and insisted on this deponent to write for him, this deponent saith, he did undertake the writing, and wrote down the intentions of the said Moses Kidd, as well was he could, and carried over to his (this deponents) father to take down in a more formal manner which was done, but the deponent believes was never assigned by the said M Kidd. This deponent saith that at the time he wrote down the heads of the said Moses Kidd's Will, that a Will which had been drawn and assigned by the said Kidd some time before this circumstance happened (and he believes long after the will in John Toneys hands) were in his this depo'ts presence was destroyed. Question by the defendant who did Moses Kidd give his estate to by the heads of the will he directed you to take down? Answer to Sarah Fawlwell, and her children, to wit, Elisha Fawlwell, Mary Fawlwell, Elizabeth Fawlwell, Dianah Fawlwell, Judith Fawlwell, Sarsh Fawlwell, Nancy Fawlwell, and John Fawlwell, This conversation happened five or six days before his death. Peter Davis Sworn to before us the day and date within mentioned. Boaz Ford, Daniel Bagby

The deposition of Sherwood Kidd of lawful age, taken at the house of Benjamin Pollard in the Town of New Canton the 7th day of May 1804 to be read as evidence in suit depending in the high court of Chancery in the Richmond district in between John Kidd and others plaintiffs and Elizabeth Kidd, John Toney, and William Wilkerson defendants, saith that about a year before the death of Moses Kidd, he was at the house of Moses Kidd decd, and heard the said M. Kidd and his wife disputing about his estate, the said Moses said old Woman (to his wife) I shall leave enough on my Shop Books to maintain you as long as you live, and I know who will get my estate, that a Toney shall never have any of my estate, and further said that his brother John Kidd would get his estate. Sherwood Kidd X his mark Sworn to before us Boaz Ford, Daniel Bagby } The deposition of William Hansford of lawful age, taken at the house of Benj'a Pollard in the Town of New Canton agreeable to notice, to be read in a suit depending in