Making History: Transcribe is made possible in part by federal funding provided through the Library Services and Technology Act program administered by the Institute of Museum and Library Services.

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

image 18 of 18

Zoom in to read each word clearly.
Some images may have writing in several directions. To rotate an image, hold down shift-Alt and use your mouse to spin the image so it is readable.

This transcription is complete!

18

The deposition of Rebecca Toney, taken The 31st January 1806 at the house of John Anderson in New Canton, agreeable to commission, to be read as evidence in a suit depending in the high court of Chancery for the district of Richmond, between John Kidd and others pltss and John Toney and William Wilkinson Exors of Moses Kidd decd defendants.

The deponent being duly sworn, deposeth and saith, that Moses Kidd, either as he was going or returning from the Seige of York called at this deponents fathers in Powhatan where this deponent then was and told this deponent, that he had his will, and that his uncle John Toney had it, in which will, he had left his estate to his wife and at many times subsequent to the time above mentioned, this deponent has heard said Moses mention said circumstance, and further this deponent saith not Rebecca Toney X her mark Sworn to before us This 31st January 1806 Daniel Guerrant, Daniel Bagby

The deposition of Wliliam Anderson, taken this 31th day of January 1806 at the house of John Anderson in New Canton agreeably to a commission from the clerk of the high court of Chancery for the Richmond district, to be used as evidence in a suit in said court depending between John Kidd and others plaintiffs, and John Toney and William Wilkinson Exors of Moses Kidd decd defendants. The deponent being sworn upon The holy Evangelists of Almighty God, deposeth and saith, that he was called upon by Old Thomas Moss, some short time before he died to write his will, it was wrote and John Toney appointed executor, and by the direction of the said Thomas, this depon't. put said will into the hands of said John Toney, a short time after the death of said Thomas, and a little after this deponent was informed by John Toney, that the will had been stolen out of the said Toney's house, this deponent immediately made out as well as his recollection would serve him, a copy of said will, which was finally established by the court. Question by Sherwood Kidd, were you in court when William Toney asked leave to record a deed of gift from Elizabeth Kidd to him? Answer, I was. Question by the same, Was John Toney asked who wrote said deed? Answer, Yes, he was, and replied that William Hall wrote it. Question by same Was he asked if that deed was ever read to Elizabeth Kidd before it was signed? Answer, Yes. Question by same, Was he asked by whom the deed had been read to her, and if he was, what was his answer? Answer, he was and answered by William Hall. Question by same, Was Will. Hall called upon by the sourt to declare whether he had read the said deed as stated above? Answer he was, and said he never had read the deed to her, and did not know whether she had ever seen it or not. And further this deponent saith not. William Anderson Sworn to before us This 31st January 1806 Daniel Guerrant, Daniel Bagby

In the name of God Amen, I Moses Kidd of Buckingham County in Tillotson Parish being in good health of body, and of a perfect mind and memory, I do hereby make and ordain this my last will and testament, in manner and form following. Item. I give and bequeath unto my beloved wife Elizabeth Kidd, one Negro woman named Nane, one Negro boy named Daniel, one Negro child named Frank, one Negro boy Tobe, and all the rest of my estate real and personal during her life, and after my decest to her own disposal; I do hereby constitute and appoint John Toney and William Wilkinson executors of my last will and testament anulling and revoking every other will or wills or testament made by me. July 17th 1781 Moses Kidd {Seal} Signed, sealed and published in the presence of John Toney, William Wilkinson, Charles Toney X his mark

At a court held for Buckingham County the 9th day of July 1798, this last will and testament of Moses Kidd decd, was presented in court by John Toney, and William Wilkinson, the Executors herein named, and Sarah Falwell by her attorney appeared in