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

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(12) knowledge of him the said John Toney. Question by the plaintiffs, did you ever hear the said Moses say that the Toney's should never have any part of his estate? Answer, I have many and many times heard him say so, but it was generally when he was drunk or drinking the only times that I this deponent heard him say so when sober, was the two mentioned already in this deposition, And further this deponent saith not John Williams Buckingham, to wit, This day John Williams came before us two of the commlth's Justices of the peace for said county and made oath to the truth of the foregoing deposition; Given under our hands the 21st July 1804. Daniel Guerrant D. 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 plaintiff, and Elizabeth Kidd wife of Moses Kidd deceased, and John toney, and William Wilkinson exors of Moses Kidd 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 James Fawlwell of lawful age, who being first legally sworn, deposeth and saith, that about two or three years before the death of Moses Kidd, that he was in company with Moses Kidd and John Toney one of the defendants, at the house of John Williams, and heard the said Moses Kidd ask John Toney for his will that was in his care, Mr. John Toney told him, that he believed that it was in his desk, but he the said Toney had not seen it for several years. The said M. Kidd told him that he wanted that Will distroyed, The said John Toney told him, that if he wanted any alteration in his will, or distroyed, he was willing to do it, The said Moses Kidd told the said Toney I am dickance if I don't want the will brought to me or distroyed; The said Toney told him the said M. Kidd that if it was his wish he the said John Toney was willing to distroy his Will or return it to him the said M Kidd. The said M. Kidd said that if he the said John Toney would either bring the will to him or distroy it either would do, and the said John Said one or the other should be done. Question by the complainants, what was the reason for making that will? Answer the said Moses Kidd told him (this deponent) was going into the Armey, and that his wife was following him from place to place crying and wanting him to make his will and he made it to give satisfaction, and it appeared to have the desired effect. Question by the defendants, are you a brother of Sarah Fawell that contested the will that is recorded? Answer, I believe I am. Question by the same, What was the reason that you did not come forward when your sister's will was in dispute? Answer, I was not called upon. Question by the plaintiffs, did you ever hear Mr. Kidd say that none of the Toneys should have any of his estate? Answer I have frequently heard him say, that they should have none of his Estate. Question by the defendants, did you ever hear him the said Moses say that he would give any part of his (the said Moses's) Estate to John or Charles Toneys Children? Answer. I have heard said Moses say many times in a jocular way when drinking, that he was dickins if he did not believe he would give to this child, or that of the Toneys (whichever was present) a Negro of such a name or so & so, this deponent always conceived those declarations to be in jest, as he never heard him use them except when drunk or drinking and always denied when sober that the Toney's should have any part of his estate, this depon't. lived with the said Moses Kidd three years, and further saith not James Falwell x his mark Buckingham This day James Falwell came and made oath before us two of the commonwealth's Justices of the peace for said county to the truth of the above deposition; Given under our hands July 31st 1804. Daniel Guerrant D. Bagby

The deposition of Elizabeth Loyd, taken at the house of Benjamin Pollard the 25th February 1805, to be read as evidence in a suit depending in the high court of Chancery for the Richmond district, wherein John Kidd, William Kidd and others are plaintiffs and Elizabeth Kidd, John Toney and William Wilkinson Executors of Moses Kidd decd