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

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(13) deceased are defendants, the deponent being first duly sworn, deposeth and saith that she became acquainted with Mrs. Elizabeth Kidd some short time before she died, said Mrs. Kidd said to this deponent in conversation, that it was contended that Moses Kidd died without a Will, but she knew he had one, that he made it in time of the war, and that if she was called upon her oath she could swear to the piece of paper it was made on, that when it was written paper was scarce, and that for that purpose he tore a leaf out of his pocket book upon which the will that he made was written. After this happened said Mrs. Kidd was telling this deponent how ill she had been treated, and that she believed if it had not been for a new Will, that the Falwells would have got all her estate before her death. Eliz. Loyd x her mark Sworn to before us Daniel Guerrant, W. Cannon }

The deposition of Martin Quarles, taken at the house of Benjamin Pollard in the Town of New Canton, the 25th day of February 1805, to be read as evidence in a suit depending in the high court of chancery for the Richmond district, in which John Kidd, Wm. Kidd and others are plaintiffs, and Elizabeth Kidd, John Toney, and William Wilkinson Exors of Moses Kidd decd defendants, the deponent after being duly sworn, deposeth and saith that Moses Kidd died on a Sunday, the next day (Monday) he this deponent over heard William Wilkinson, and John Toney the Exors as aforesaid conversing together, they said that the old Will was sent to Turner Wilkinson's and had been distroyed, and that there was no will at all, and that they would make one and put the date that the old one had to it, and further this deponent saith not. Martin Quarles x his mark Sworn to before us the date above mentioned Daniel Guerrant W. Cannon }

The deposition of Boaz Ford, in a suit in chancery, between Joseph Kidd in behalf of himself and others plaintiffs, and Moses Kidd's Exors defendants, taken at William Jones's Tavern in Buckingham County the 27th day of December 1805. The deponent being first sworn deposeth and saith, that some time after the death of Moses Kidd, a conversation arose in Buckingham court, with regard to a Written and a nuncupative will of Moses Kidd, as well as this deponent remembers, the first time the matter came before the court, they were divided in their judgment, and as this deponent understands at another time the matter came before the court of Buckingham, and the order was that the first will should be admitted to record, and an appeal was taken to the district court of Prince Edward, this deponent happened to be present when the judges of the district gave their opinion, which was that the written will which bore the signature of Moses Kidd should be transmitted to record. Boaz Ford The above was sworn to before me the day and date as above, in as much that there was no other justice present, but Mr. Boaz Ford and myself. Daniel Bagby

The deposition of James Cooper, taken before us James Deane, and John Daniel two of the commonwealths Justices for the county of Cumberland at the Tavern of Thomas Deane in the town of Caira in said County, in the suit depending in the court of chancery for the Richmond district, wherein John Kidd, William Kidd, Benjamin Boatright son of James Boatright and Sarah his wife, Susannah Quarles a Widow, James Quarles and Judith his wife, Reuben Southern and Patsy his wife, and Nancy Smith plaintiffs, as on behalf of Elizabeth Kidd wife of Moses Kidd decd, and John Toney, and William Wilkerson Exors of the said Moses Kidd decd defendants; agreeable to a commission issued in said cause and conformable to notice to Joseph Kidd hereunto annexed, and in presence of Sherwood Kidd who declares himself agent for the said Joseph Kidd. The deponent being duly sworn sayeth it appears to him by his entry on his books, that his accounts against Moses Kidd and others, commenced the 4th of September 1788, but to the best of his recollection it was in August in the same year when he, deponent moved to Webbs place, To the best of his