Will of John B. KIDD

Mecklenburg Co., VA

In the name of God, Amen, I, John B. Kidd of the county of Mecklenburg and the state of Virginia make this my last will and testament.

I give to my wife Betsy M. Kidd on third of my estate during her life and which part at her death I wish equally divided between my children.

The balance of my estate I wish to be divided at my death equally between all my children with the exception of my daughter Julia Thomas and Elizabeth Hall each of which I wish to have one hundred dollars more that the rest of my children, the children of my son Bartlett M. Kidd I wish to have the same amount their Father would have been entitled to if he were living, that is an equal part with the rest of my children with the exception of the two daughters above named. The property I give to my daughters I give to them during their life and at their death to go to their children.

I leave P. M King my Executor to manage my estate as witness my hand and seal this 12 day of June 1862.

John B. Kidd (seal)

Witness
Jas Matthews
OHP Tanner
PM King

Mecklenburg County Court September 16th 1862.

The foregoing last will and testament of John B. Kidd late of this county deceased was this day fully proved by the oaths of James Matthews and Peter King, two of the subscribing witnesses thereto and was there upon ordered to be recorded. And in the motion of P.M. King the only executor named in the said will who made oath as the law directs and entered into a bond in the penalty of twenty thousand dollars (considered) according to the Law with George L. Hayes and John W. King his securities therein (who justified on oath to us to their sufficiency and which said bond bring acknowledge by the obligees therein is ordered to me recorded.) certificate is granted the said PM King for obtaining a probate of the said will in (---) form.

Teste R.F. Clack, clk
A copy Teste R.F.Clack

Mecklenburg County Court Oct.20, 1862
Court Decree In Chancery
EM Kidd vs JB Kidd's exc.

On motion of the plaintiffs by their council the Court both assign R. R. Clack guardian ad litem for the infant defendants Chars W. Kidd, Geo. W. Kidd, John J. Kidd, Saml W. Kidd and Elizabeth A. B. Kidd, where upon this cause was this day dockets by consent of parties and by like consent came on to be heard on the bill answers and exhibits and was argued by Council;

On consideration where of the Court doth adjudge order and decree that John R. Cole, Chars G Turner, John W. King, E. H. Riggan and L. J. Rose who are hereby appointed special Commissioners for that purpose with power in any for that purpose, do with the assistance of then to act do with the assistance of some competent surveyor lay by (meets?) and boundary, off on third part in value of the lands in the ??----mentioned, of which the late John B. Kidd decd seized and poss??? and assign the same to his widow Elizabeth M. Kidd for life;

and the residue there of they divide in nine equal parts in value and assign by lot one ninth part there of to Archie Cannon and Rebecca J., his wife, one ninth part to Robert M. Thomas and Julia A., his wife, one ninth part to Miles Hall and Elizabeth, his wife, one ninth to Marry F. Dugger , one ninth part to Edward R. Kidd, one ninth part to Allen B. Kidd, on ninth part to Wm F. Kidd and one ninth part to Charles W., George W. John H., Samuel W. and Elizabeth A. B. Kidd, infant children of Bartlett Kidd Deceased -

and the Court doth order that the same commissioners do divide the slaves in the proceedings mentioned owned by the late John B. Kidd into three equal parts in value and assign one third part there of to Elizabeth M. Kidd widow of John B. Kidd, for life and deliver the remaining two thirds to Peter M. King who is hereby appointed a Special Commissioner for that purpose do after having first advertised the time and place of sale for at least fifteen days, sell the same at public auction enough for cash to pay the costs of this suit and the execution of this decree and the residue on a credit of six months taking bonds with good security of the purchasers be assign interest from the day of sale, but that he shall not receive any money under this decree until he shall execute bond with good security in the penalty of $10,000 - either before this Court or the Clerk in this office conditioned for the faithful discharge of his duties as commissioner -

And the Court doth further order and decree that the commissioners do report their proceedings under this order to the Court.

Appearing to the Court that the adults in this cause wish a sale of the residue of the slaves and that it will be to the interest of the ??? that they should be sold doth order that the said commissioners.


Mecklenburg County Court June 15th 1863
EM Kidd vs JB Kidd's exec In Chancery

This cause came on again this day to be further heard in the papers formerly read and the further report of commissioner Peter M. King which report being approved. The Court doth confirm the same and was argued by Council: on consideration whereof it appearing to the Court that the infant children of Bartlett M. Kidd, to wit, Charles W., George W., Jno (John) J., Samuel W., and Elizabeth A.B. Kidd are entitled to the sum of $617.85 jointly. That Rebecca J. (Kidd) Cannon is entitled to the interest on 599.86. That Julia A. (Kidd) Thomas is entitled to the interest on $599.86. That Aramintha D. (Kidd) Glover is entitled to the interest on the like sum of $599.86. And that Mary F. (Kidd) Dugger is entitled to the interest on $599.86. And the said commissioner Peter M. King having brought into Court these several amounts of money,

The Court doth adjudge order and decree that the same commissioner do loan out the same if he can and take bonds with good security for the same and return them to the Court-

and the Court doth further adjudge that if the comr. cannot loan out this money in some reasonable time that he shall invest the said several sums of money, either in Confederate or State Stock, and return the scripe for the same to the Court- And the Court doth further order that the guardian the above named infants. When one shall have been appointed shall leave power to draw the interest that shall accrue on their part annually or semi annually and that the other named parties, to wit, Rebecca J. Cannon, Julia A. Thomas, Armintha D. Glover and Mary F. Dugger shall here the like power to draw the interest in like manner on their respective amounts- but shall not have any power to draw the principal.

Teste R.F. Clack, Clk

Decree 1863 Court Intery? Decree

Peter M. King commissioner for the benefit of the orphans:
Of Bartlett M. Kidd $617.85
For Rebecca J. Cannon $599.86
For Julia A. Thomas $599.86
For Araminter D. Glover $599.86
For Mary F. Glover $599.86
$3017.31
Awarded to WB to invest $3017.60
Bonds $600.00 each.


Chancery Court 286
Kidd Vs Kidd
Bill and Answers
1862 Oct Court Bill and ans. filed + Intery Decree
1872 Ans? & Dismissed under 7 years ruling

To the worshipful Justice of the County Court of Mecklenburg County.
Your complainants Eliza M. Kidd, Archie Cannon and Rebecca J. his wife, Robert M. Thomas and Julia A., his wife. Miles Hall and Elizabeth, his wife, Araminta D. Glover and Mary F. Dugger, respectfully represent unto your worships that John B. Kidd of the County of Mecklenburg has recently departed this life having first made and published his last will and testament which has been duly admitted to probat in this Court. That Peter M. King the executor therein named and appointed has as such qualified upon the estate and executed bond with security.

That the testator by his last will devised to the Compt. Eliza. M. Kidd, his wife one third part of his estate for life and the residue of his estate the devised equally among all his children (directing that the children of his deceased son Bartlett M. Kidd should be entitled to the share of their father except that the Compts. Julia Thomas and Elizabeth Hall should have one hundred dollars each more than his other children, which will more fully appear from a copy of the will herewith filed (marked A) and asked to be taken as a part of this bill. The testator died seized and possessed of considerable real and personal estate; leaving some thirteen slaves and about thirteen hundred acres of land, with some small perishable estates.

Your complainants are not fully advised whether or not it will require a sale of any of the slaves to pay debts of the testator but they do not suppose that he is much involved and that it will require any of them to pay debts and therefore they ask for a division of the land and slaves as directed by the will of the testator. Your compts.

Further state that the parties entitled to distribution under the will of the testator are your compts. And Edward R. Kidd, William F. Kidd, Allen B. Kidd and the children of Bartlett Kidd, five in number, to wit, Chas W. Kidd, George W. Kidd, John J. Kidd, Saml W. Kidd and Eliza A. B. Kidd. In consideration of the premines?? And as your compts are without remedy except in this Court where matters of this kind are only cognizable they preay that the said Ed. R., Wm F., Allen., George W., Chas W., John J., Saml W., and Eliza A.B. Kidd and Peter M. King exr. of John B. Kidd be made parties defendants to this suit and be required to answer the allegations herein contained they further pray that your worships will decree one third of the land and slaves in kind be assigned to the plff. Eliza. M. Kidd for life and the residue of the land be divided in kind and assigned to the parties according to their respective rights and that the residue of the slaves be sold and the proceeds thereof be divided among the parties according to their respective rights.

And Your Compts further pray that your worships will grant unto them such other and general relief as may be fit and proper in a court of equity and they will ever pray thee.

The joint answer of Edward R. Kidd, Allen B. Kidd, and Wm F. Kidd to a bill exhibited against them and others in the County Court of Mecklenburg by Eliza M. Kidd and others. These respondents saving and? For answer to so much of said bill as they and advided. It is material for them to answer say they have no abjection to a division of the land and slaves belonging to the estate of the testator John B. Kidd among the parties thereto entitled there respondents having fully answered prays to be hence dismissed.

The answer of Chars W., George W., John J., Saml. W. and Eliza A.B. Kidd infant children of Bartlett Kidd by R.F. Clack their guardian ad litem to a bill exhibited in the County Court of Mecklenburg against them and others by Eliza M. Kidd and others. This respondent saving and C. for answers. Says that he knows nothing of the facts as stated in the bill and submits the interest of these infants to the protection of the protection of the Court. This respondent having fully answered prays to be hence dismissed.

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Contributed 2001 Jul 06 by Cynthia Thomas Huggett

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