said deceased then spoke to his said wife these or the like words, as neare as this deponent can remember, viz. God have mercy Betty, I see thou wilt performe according to thy promise in providing mee such dishes as I think fitt whilst I live, and when I dye thou knowest that I have left thee all, there being noebody present in the said chamber with the said deceased and his wife but this deponent: And the said testator at that time was of perfect mind and memory, and talked and discoursed sensibly and well, but was then indisposed in his body by reason of the distemper of the gout, which hee had then upon him. Further this deponent saith, that shee hath sevrall times heard the said deceased, since the time above deposed of, declare and say, that hee had made provision for his children in his life-time, and had spent the greatest part of his estate in providing for them, and that hee was resolved hee would doe noe more for them liveing or dyeing, for that little part which hee had left hee had given to his wife the articulate Elizabeth the producent, or he used words to that effect. And likewise told this deponent, that there was a thousand pounds left in Mr. Powell's hands to be disposed amongst his children hereafter. By all which words this respondent verily beleeveth that the said testator had given all his estate to the articulate Elizabeth his wife, and that shee should have the

in his diet, which was any thing most in season or the easiest procured. TODD.

same after his decease, et aliter nescit respondere, saving that the said deceased was at the several times of declaring the words last pre-deposed alsoe of perfect mind and memory.

"Ad primum Interr. respondet, that this respondent was servant to the deceased in his life time and is now servant to the producent and therefore hath a dependency upon her as her servant, that if the victory were in this respondent's power shee would give the deceased's estate equally to be shared betweene the ministrants and the producent, et aliter nescit.

"Ad secundum Interr. respondet, that this respondent doth not remember on what day the deceased declared the words first by her afore deposed, but it was about noone of such day when he was at dinner that the precise words as neare as this respondent can remember which the deceased used at that time were these, viz. God have mercy Betty (speaking to his wife Elizabeth Milton, for soe hee usually called her,) I see thou wilt performe according to thy promise in providing mee such dishes as I think fitt whilst I live, and when I dye thou knowest that I have left thee all; et aliter nescit; sav

ing that this respondent well remembreth that the deceased declared the words last by her deposed to the articles of the allegation to this respondent once on a Sunday in the afternoone, but on what day of the month or in what month the said Sunday then happened this respondent doth not remember.

"Ad tertium Interr. respondet, that the occasion of the deceased's speaking of the words deposed by this respondent in her answer to the next precedent interrogatory was upon the producent's provideing the deceased such victuals for his dinner as hee liked, and that he was then indifferent well in health, saving that some time he was troubled with the paine of the gout, and that hee was at that time very merry and not in any passion or angry humour, neither at that time spoke any thing against any of his children that this respondent heard of, et aliter nescit.

"Ad quartum Interr. respondet, that this respondent hath heard the deceased declare his displeasure against the parties ministrant his children, and particularly the deceased declared to this respondent that, a little before hee was marryed to Elizabeth Milton his now relict, a former maid servant of his told Mary one of the deceased's daughters and one of the ministrants, that shee heard the deceased was to be marryed, to which the said Mary replyed to the said maid servant, that that was noe news to heare of his wedding, but if shee could heare of his

t

death that was something: and further told this respondent, that all his said children did combine together and counsel his maid servant to cheat him the deceased in her markettings, and that his said children had made away some of his bookes and would have sold the rest of his bookes to the dunghill women; or hee the said deceased spoke words to this respondent to the selfe same effect and purpose that this respondent knoweth not what frequenters of the church, or what good livers, the parties ministrant or either of them are, et aliter nescit.

"Ad quintum Interr. respondet, that this respondent doth not know that the deceased's wife was to have 10007. and the interrogative children of Christopher Milton the residue, nor doth this respondent know that the said Elizabeth, the deceased's wife, hath promised the interrogative Christopher Milton or his children any such thing in case shee should prevaile in this cause; that the said Mrs. Milton never confessed soe much in this respondent's hearing, or to any body else that this respondent knoweth of, et aliter nescit.

"Ad sextum Interr. respondet, that this respondent believeth that what is left the deceased's children in the Will nuncupative in this cause executed

See, however, what is told in my concluding note on the present document. TODD.

and mencioned therein to be due from Mr. Powell, is a good debt; for that the said Mr. Powell is reputed a rich man, et aliter nescit.

"Ad septimum Interr. respondet, that this respondent did voluntarily tell the interrogative Mrs. Milton, what shee heard the deceased say, which was to the effect by her pre-deposed, et aliter nescit.

"Ad octavum Interr. respondet, that this respondent knoweth not what the deceased did in his life time bestow on the ministrants his children, and that the interrogative Anne Milton is lame, but hath a trade and can live by the same, which is the making of gold and silver lace and which the deceased bred her up to, et aliter nescit.

"Ad nonum Interr. respondet, that this respondent knoweth not the deceased's estate, or the value thereof, et aliter nescit.

"Eodem die repetit. coram Doctore Trumbull, Surrog. &c. Tho. Welham, N. P".

"Signum ELIZABETHÆ FISHER.

"Cur. Prærog. Cant. ut supra. WARTON.