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

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(9) placed it in the hands of John Toney, and that he had applied to the said Toney for it in order to destroy it, as his situation was altered, it being many years since he made his Will he left with Toney, and that he was informed the will was destroyed. Question by the deponent, What order was Moses Kidd in when this conversation happened? Answer, he often spoke to me when he was some what enlivened with Liquor, and many times perfectly sober, and further this deponent saith not. W. Cannon Sworn to before us at the time and place within mentioned. Boaz Ford, Daniel Bagby }

The deposition of William Quarles of Lawful age, taken 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 & others Complts and a Elizabeth Kidd wife of Moses Kidd decd, and John Toney, William Wilkerson executors of the said Moses Kidd defendants, the deponent being first sworn saith, that he lived with Moses Kidd two years which was some years before his death, and the said Moses Kidd said that he was going into the service of his country in the American and British war, his wife appeared to be in distress that he had not made a Will, that he the said Moses Kidd Stopt & made a Will and gave the whole of his estate to his wife to dispose of as she thought proper, but he the said Moses Kidd told this deponent that he made it to give satisfaction, and further said that it was not his will, and said that he never intended that any of her Kin should enjoy any of his estate, And this deponent further says, that some little time before his death, that he wanted to make a Will, and that he wanted William Hansford or William R. Bernard to write it. William Quarles Sworn to before us 7th May 1804 Boaz Ford, Daniel Bagby }

Agreeable to a commission to us directed from the high court of Chancery for the Richmond district, in a Suit depending between John Kidd and others plaintiffs, and Elizabeth Kidd wife of Moses Kidd deceased, and John Toney, and William Wilkerson exors of Moses Kidd deceased defendants, we have this day at Benjamin Pollards Tavern in the Town of New Canton and County of Buckingham, agreeably to Notice to us proven proceeded to take the deposition of Edward Scruggs of lawful age, who being first legally sworn, deposeth and saith, that he the deponent was in company with Moses Kidd decd who told this deponent that he had made a Will and left it with John Toney one of the defendants, that he had made may applications for it, but never could get it; And further said, that the said Toney told him that the will left with him was distroyed or mislaid, and that it should never come against him, and the said Moses Kidd further positively denied that was or should be his Will, and further saith not. Question by the plaintiff, what was his reasons for making that will? Answer, the said Moses Kidd told him he was going into the Army in the late war with Gr. Brittain and made that will to give his wife satisfaction as well as he the deponent recollects. Question by the defendants, What condition was Moses Kidd in when this conversation past? Answer the said Moses had been drunk, but then was geting sober so as to be in his senses. question by the same. Was not Moses Kidd apt to talk freely when drinking? Answer Yes. Edward Scruggs Buckingham County, to wit, The foregoing deposition, was sworn to before us Daniel Guerrant and Daniel Bagby, two of the commonwealths Justices of the peace for said County at the house of Benjamin Pollard in New Canton on the 3rd July 1804. Daniel Guerrant Daniel Bagby }

Agreeable to a commission to us directed from the high court of chancery for the Richmond district, in a Suit depending between John Kidd and others plts and Elizabeth Kidd wife of Moses Kidd decd