John Kidd vs. Elizabeth Kidd: Chancery Cause, Prince Edward County
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(10) & John Toney and William Wilkinson exors of the said Moses Kidd decd, deceased defendants ^, we have this day at Benjamin Pollards Tavern in the Town of New Canton and County of Buckingham agreeable to Notice to us proven, proceeded to take the deposition of William Wilkinson one of the executors of M Kidd decd, of lawful age who being first legally qualified, deposeth and saith, Question by the complts, did you ever hear Moses Kidd ask John Toney for his will? Answer, I heard Moses Kidd ask John Toney where his will was, or if he had got it, the said Toney said he had got it among some of his papers, that he had not seen it for some time, the said Moses Kidd said, that he would wish make an alteration in the will, John Toney told the said Moses that his estate was his own, that he the said Toney was willing to make any alteration in the will that he wished to make. Question by the same who wrote the will? Answer John Toney wrote the will in my presence. Question by the same did the property then willed come by his wife? Answer, No. Question by the same, did Moses Kidd buy the land conveyed by that Will, and did he not buy land after that will was made? Answer, the land owned by Moses when the will was made, was given him by his father, and Moses Kidd purchased the balance of the tract now in the possession of Mrs. Kidd, since said Will was made. William Wilkinson Sworn to before us at house of Benjamin Pollard in the Town of New Canton 3rd July 1804. Daniel Bagby, Daniel Guerrant.
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 decd, and John Toney, and William Wilkinson executors of the said Moses Kidd decd defts, 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 David Falwell of Lawful age, who being first legally qualified, deposeth and saith that about nine years ago, he heard Moses Kidd ask John Toney for the will he had given him, at the same time say that it was not his will, nor should it stand as such, Mr. Toney told him that he would destroy it, some six or eight days after which, this deponent saw Moses Kidd and Charles Toney together and heard Kidd ask Toney if his brother John had destroyed that will, his answer was, that he had, Kidd again said that it was not his will, and that it was his wish that it should be distroyed. Question by John Toney, what order was Kidd in when the above conversation happened. Answer I thought he was sober. David Fawlwell Buckingham, to wit, Sworn to before us at the house of Benjamin Pollard in New Canton 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 therein depending between John Kidd and others plaintiffs and Elizabeth Kidd wife of Moses Kidd decd and John Toney, and William Wilkerson executors of the said Moses Kidd decd defendants, We have this day, at Benjamin Pollard's Tavern in the Town of New Canton, and County of Buckingham, agreeably to notice to us proven, proceeded to take the deposition of Jesse Kidd of lawful age, who being first legally qualified deposeth & saith, that he lived in the house of Moses Kidd during the year 1788 or 1789 which he don't now recollect, in the course of the time, he was asked by Moses Kidd to go with him to John Webbs, saying that John Toney was to be there that evening, and he wanted me, this deponent, to witness what passed between them, this deponent went and heard Moses Kidd ask John Toney for that old Will, the reply by John Toney was "Moses I have not seen it for three or four years, and that he believe it was lost." assuring Mr. Kidd at the same time that it never should be brought up against his estate, upon which Moses Kidd turned to this deponent, and said take notice. Question by J. Toney, What order was he in? Answer perfectly sober, don't believe he had drank a drop spiritous liquors that day Jesse Kidd Buckingham County, to wit, The foregoing deposition was duly sworn to before us, two of the commonwealths Justices