National Archives File C 11/449/4 Budd v. Budd
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George the second by the Grace of God of God of Great Britain France and Ireland King Defender of the Faith and so forth to Edward BATEN, Thomas IMBER, Richard BA~ //And James DORNER Gentlemen //
Greeting know ye that we in confidence of your prudence and fidelity have appointed you and by these // Presents do give unto you any three or two of you full power and authority diligently to examine all Witnesses whatsoever upon certain interrogatories to be exhibited to you as well on // The part of John BUDD and another complaints upon the part of Richard BUDD and Elizabeth BUDD and Anne BUDD infants by their Guardian defendants. //Or of either of them and therefore we command you any three or two of you that at certain days and places appointed by you for that purpose you do cause the said Witnesses to come // Before you and then and there examine each of them upon the said interrogatories on their respective corporal oaths first taken before you an three or five of you upon the // Holy Evangelists. And that you do fake such their examination and reduce them into writing on parchment and when you shall have so taken them you are to send the same to us // In our Chancery in eight days after the purification of the Blessed Virgin Mary next ensuing. // Where so ever it shall then be closed up and under your seals or the seals of three or two of you distinctly and plainly set together with the said inferries and this writ and we //Further command you and every of you that before you act in or be present at the answering or examining any witness witnesses you do severally take the oath first specified in the // Schedule hereunto annexed. And we give you any three two or one of you full power and authority jointly or severally to administer such oath to the rest or any other of you upon // The Holy Evangelists. And we further command that all every clerk or clerks employed in taking writing transcribing or ingrossing the deposition or depositions of // Witnesses to be examined by virtue of these presents shall before they be permitted to act as clerk or clerks as aforesaid or be present at such examination severally take the // Oath last specified in the said schedule annexed. And we also give to you or any one of you full power and authority jointly or separately to Administer such oath to such // Clerk or clerks upon the Holy Evangelists Witness .. Westminster the 12th day of January in the twelfth year of ofour reign. Verney WHITTINGTON.
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The Commissioner Oath ….
The Clerks Oath ….
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Complaint – not transcribed
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First do you know and how long have you known the parties complainants and defendants in the title of those Interrogatories named or any and which of them. And did you know. //
John BUDD late of West Tisted in the County of Southampton yeoman deceased in his life time and how long before his death did you know him and when did he die. And did you know Elizabeth //
BUDD deceased the late widow of the said John BUDD deceased in her life time and how before her death did you know her and when did she die and did she continue the widow of the said //
John BUDD deceased to the time of her death or was she married after he death of the said John BUDD deceased and to whom? Declare.//
Also did you see the said John BUDD deceased sign, seal, publish and declare the paper writing now produced and shown unto you as his Last Will and Testament and when or about which //
time was there any other person or persons and who by name present at the time of the said John BUDD signing sealing and publishing the said Will. And did you or the said other person or //
persons and which of them sign and attest he same as a witness or witnesses in the presence of him the said John BUDD and is your name thereto subscribed as a witness of your own proper handwriting? Declare. //
Also was the said John BUDD (the testator) of sound mind and memory and understanding or not at the time of his signing sealing and publishing the said Will as you know or believe. //
What did he then say or do in your hearing and .. concerning the same? Declare. //
Also doth the said Original Will so signed sealed and published by the said John BUDD deceased and the attestment thereof now shown unto you contain the words and figures //
Following In the name of God Amen, I John BUDD of .. Tisted in the County of Southampton yeoman being sick of body but in perfect sense and memory praised be God do so //
Make and ordain this my last will and testament in manner and form following … and principally I bequeath my soul into the hands of Almighty God having this meritorous death //
And passion of my saviour Jesus Christ to have remission and forgiveness of all my sins and my body be buried at discretion of my executrix hereafter named paying all my debts //
Legacies and funeral expenses. Imprimus I give and bequeath unto my son Henry? All my college leasehold estate at Hockley and that two parcels of free land called Joanes Crates and //
Gills paying his mother five and twenty pounds a year during her widowhood and also a leasehold estate for two thousand years after my decease. Item I give and bequeath unto my //
Eldest daughter Elizabeth BRADLEY the same twenty shillings. Item I give and bequeath unto my son John the lease of Priorsdean Farm and out the stock within .. and //
Without the sum of six hundred pounds and not to have it till half a year after my decease and one hundred pounds which is in the hands of Sir Henry TIGHBOURNE complete the sum of //
Seven hundred pounds and the stock to be appraised. Item I give and bequeath unto my son William seven hundred pounds which shall be out of the stock which shall be //
Brought upon invested four half a year after my decease and in the stock to be appraised. Item I give and bequeath unto my son Richard the sum of five hundred pounds to be //
Paid him when he comes to the age of four and twenty years. Item I give and bequeath unto my grandson Henry BRADLEY three score pounds to be paid him when he comes to the age of //
One and twenty years and if he will be bound an apprentice the money to be paid out his legacy that is to bind apprentice. Item I give and bequeath unto my grandson John //
BRADLEY one hundred pounds to be paid him when he comes to the age of one of twenty years and if he will be bound an apprentice the money to be paid out his legacy that is to bind apprentice is to be paid //
Out of his legacy and my executrix to maintain him till he is able to shift for himself. Item I give and bequeath unto my daughter Olive the sum of four hundred pounds and to be paid //
Her within twelve months after my decease. Item I devise my brother Henry BUDD of Colmer and George GRAHAM of TIGHBORNE Gentlemen and Lawrence COOPER of East Tisted and //
My son Henry BUDD of Hockley to be trustee of this my Will and if my wife should happen to marry again another husband I leave my trustees in full power to combine and //
Join together and sell let and let or dispose of any of my goods and chattels not before given to pay my debts and legacies for the good and benefit of my family and for their pains to //
Have twenty shillings apiece and to be abiding and assisting my executrix whilst she is a widow in all matters whatsoever. Item Lastly I give and bequeath unto my beloved wife //
Elizabeth all my Nowelty out of Sir Henry TIGHBORNES estate at Priorsdean and my leasehold estate in Hockley and Newton Talhouse called Erimmons and all my freehold estate //
In Hockley below the hill bought of Mr WHITEHEAD commonly called Newhouse whilst she keeps herself a widow and if she happen to die my widow I desire her to dispose of if according //
As I have directed her and all my goods and chattels of what nature or kind so ever not before given during her widowhood which said Elizabeth. I do hereby nominate publish and declare //
To be the sole executrix of this my last Will and Testament revoking all other Wills whatsoever John BUDD signed sealed published and declared by the said testator. In the presence of us this 27th //
Day of January 1727, John BUDD, John TANNER, Thomas CHASE, .. you at this time of your examination carefully compared and examined the copy or transcript of the said Will //
And attestation set out in this interrogation with the original Will and Attestation … and doth the same agree with the said original Will and Attestation thereof word for word and //
Figure for figure or doth the said copy or transcript vary or differ from the said original will and attestation thereof in any and what particulars? Declare //
Also do you know of any directions by the said John BUDD deceased in his life time to his then wife the said Elizabeth BUDD deceased for or containing her disposing of any //
Of his estate.. devised to her during her widowhood in and by his said Will if yes what were the particulars of such directions? Declare the whole
Ways you come to know the same.//
Also did you see the said Elizabeth BUDD deceased sign seal and publish and declare the paper writing now produced and shown unto you as her last Will and Testament and when or about what time //
was there any other person or persons and who by name present at the time of the said Elizabeth BUDD signing sealing and publishing her said Will as you know or believe //
and which of them sign and attest he same as a witness or witnesses in the presence of him the said Elizabeth BUDD and is your name thereto subscribed as a witness of your own proper handwriting? Declare. //
Also was the said Elizabeth BUDD (the testatrix) of sound mind and memory and understanding or not at the time of her signing sealing and publishing the said Will as you know or believe. //
What did she then say or do in your hearing and presence concerning the same? Declare. //
Also doth the said Original Will so signed sealed and published by the said Elizabeth BUDD deceased and the attestment thereof now shown unto you contain the words and figures as following //
The last Will and Testament of Elizabeth BUDD widow of John BUDD of West Tisted in the County of Southampton yeoman some time since deceased as touching such estate //
Real and personal as I have or in my power to dispose. I do in the manner following Imprimus I give devise and bequeath unto my son Richard BUDD and his heirs and //
Assigns for ever all that free hold estate lands tenements and hereditaments with them and any of them and every of their appurtenances in the parish of Hockley in the said County commonly called by the //
The name Newhouse and purchase of Mr WHITEHEAD in full lion and satisfaction of the sum of five pounds devised to him by my late husband deceased .. as he .. //
The said estate called Newhouse with all and singular the lands tenements and hereditaments thereto belonging without any eviction or disturbance whatsoever .. according to the //
Power given me in and by the Last Will and Testament of my said late husband deceased and his direction to me signified and given for that purpose and by virtue .. of the power //
Enabling me so to do and also the sum of one hundred pounds to be paid him within six months after my decease but in case he doth not accept …the conditions //
Offered pursuant to my said husbands Will and direction I give the same to my executors hereafter named my sons John and William BUDD and their respective heirs as tenants //
In common and not joint tenants. Item I give to my grandson Henry BRADLEY twenty pounds to be paid him at his age of twenty one years by my executors. Item I give to my //
Grandson John BRADLEY twenty pounds to be paid him at his age of twenty one years by my executors. Item I give to my son William BUDD .. stock of goods and chattels //
Within and without dears that shall .. or .. to West Tisted Farm at the time of my decease. Item I give to my daughter Elizabeth PARSON ten pounds to be paid her three //
Months after my decease by my executors. Item. I give to my daughter Olive FOWLER the sum of two hundred pounds to be paid her twelve months after my decease by my //
Executors. Item I give and bequeath unto my Son’s John and William BUDD and there devises equally to be divided between them and their heirs to take as tenants in common and //
Not joint tenants All that mine or my late husband’s annuity granted by or issuing out of the estate Sir Henry TITCHBORN Baronet in Priorsdean or .. in the County of Southampton //
Pursuant to my late husbands directions given to me in his life time by and in his last Will and Testament and by virtue of every other power enabling me so to do. All the rest of my goods //
And Chattels and personal estate I give to my sons John and William BUDD whom I do make and appoint joint executors of this my last Will and testament they paying all debts and //
Legacies and I declare this to be my last Will and Testament revoking all others. In witness whereof I have hereunto set my hand and seal this twenty second of February One thousand //
Seven hundred and thirty .. Elizabeth BUDD. Signed sealed published and declared by the said testator in the presence of us John BLANCHARD, John .. //
John RICHARDSON. Have you at the time of your examination carefully compared and examined the copy or transcript of the said Will and attestation set out in this interrogatory with the said Original //
Will and attestation thereof now produced unto you an is the said transcription or copy of the said Original Will and Attestation and doth the same agree with the said Original Will and //
Attestation thereof word for word and figure for figure or doth the said copy or transcript vary or suffer from the said original Will and attestation thereof in any and what particulars? Declare. //
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ANSWER
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Depositions of witnesses had and taken the seventeenth day of January in the twelfth year of the Reign …//
By the grace of God of Great Britain France and Ireland King Defender of the faith and so forth. And in the year one thousand seven //
Hundred an thirty eight (1738) at the house of the complainant William situate in West Tisted in the County of Southampton //
Issued out of His Majesty’s High Court of Chancery to us Thomas IMBER and James HORNER Gentlemen and also …/
Gentlemen directed for the examination of Witnesses in a cause there depending between John BUDD and William BUDD …//
And Anne BUDD infants by their guardian defendants on the part and behalf of the complainants as follow … //
And James HORNER the said Acting Commissioners having first severally taken the oath first specified in the schedule …//
FIRST
John BUDD of West Tisted in the County of Southampton yeoman aged sixty years and upwards a witness produced a sworn and examined on the part and behalf of the complainants in this cause … //
To the first Interrogatory this deponent saith that he doth know the parties complaints and defendants in the title of the interrogatory and hath known them severally from their respective ….//
Late of West Tisted aforesaid yeoman deceased in his life time and had so known him for the space of forty years and upwards next before his death and that according to the best of this deponents … //
Month of February which was in the year of Our Lord one thousand seven and twenty six (1726). And this deponent also sayeth that he did likewise know Elizabeth BUDD deceased the widow … //
Time and did so know her for the space of Twenty years upwards next before her death and that according to the best of his deponents remembrance she died in or about the month of ….//
Thousand Seven Hundred and Thirty six (1736). And this deponent further sayeth that he this deponent verily believes that the said Elizabeth BUDD deceased did continue the widow of the said John BUDD … //
Was not married after the death of the said John BUDD to any person whatsoever neither was there ever any talk or discourse of her marrying after the death of the said John BUDD …//
SECOND
To the second interrogatory this deponent sayeth that this deponent did see the said John BUDD deceased sign seal publish and set forth the paper writing now produced and shown him this … //
Examination to the second interrogatory as his last Will and Testament which this deponent believes was at or about the time of the date thereof being the seven and twentieth day of January … //
One Thousand Seven Hundred and twenty six (1726). And this deponent also sayeth that John TANNER of West Tisted aforesaid husbandman and Thomas CHASE then a servant to this deponent .. //
John BUDD signing sealing and publishing the said Will and that he this deponent and the said John TANNER and Thomas CHASE did sign and attest the same as witnesses in presence of him …//
Presence of each other and that the name John BUDD subscribed to the said Will as a witness thereto is of his this deponents own proper hand writing. And this deponent also sayeth that … //
Was also present at the time of the execution of the said Will as aforesaid. //
THIRD
To the third interrogatory this deponent sayeth … John BUDD the testator was at the time of his signing and sealing and publishing his Will of sound mind memory and understanding … //
And that the said testator John BUDD after he had signed and sealed his said Will did publish and declare the same to be his last Will and Testament in the hearing and presence of this deponent … //
Thereto.//
FOURTH
To the fourth interrogatory this deponent sayeth that the said Original Will so signed sealed and published by the said John BUDD deceased and the attestation thereof now shown unto him … //
Figures in this interrogatory set forth for that he this Deponent hath at the time of his examination to this interrogatory carefully compared and examined the copy or transcript of the said Will … //
With the said original Will and Attestation thereof now produced unto this deponent and that the said transcript so set forth in this interrogatory as aforesaid is a true copy of the said Original Will … //
Transcript doth agree with the said Original Will and Attestation thereof word for word and figure for figure and that the same copy or transcript doth not vary or differ from the said Original Will … //
Whatsoever according to the best of his this deponents judgement. John BUDD //
HENRY BUDD OF THE PARISH COLMORE IN THE COUNTY OF SOUTHAMPTON YEOMAN FIFTY SEVEN YEEARS UPWARDS A WITNESS PRODUCED SWORN AND EXAMINED ON THE PART AND BEHALF OF THE COMPLAINANTS //
FIRST
To the first Interrogatory this deponent saith that he doth know the complainants and defendants in the title of the interrogatory named and hath known them severally from their infancies and .. //
West Tisted aforesaid yeoman deceased in his life time and had so known him for the space of fifty years and upwards next before his decease and that according to the best of this deponents remembrance she died … //
February which was in the year of the Lord One thousand Seven Hundred and twenty six (1726). And this deponent also saith that he did likewise know Elizabeth BUDD deceased the late Widow of the said John BUDD … //
Known her for the space of forty years and upwards next before her death and that according to the best of this deponents remembrance she died in or about the month of April which was in the year of Our Lord One Thousand Seven //
Hundred and thirty six (1736). And this deponent further sayeth that the said Elizabeth BUDD deceased did continue the widow of the said John BUDD deceased til the time of her death and that she was not married … //
Said John BUDD deceased to any person as this deponent ever heard or believes neither was there ever any discourse of her marrying after the death of the said John BUDD. //
FIFTH
To the fifth Interrogatory this deponent saith that the said John BUDD deceased in some short time after he had made his Will and come short time before his death according to the best of this deponent’s remembrance … //
A time when this deponent came to make him a visit in his illness that he had made his Will and Mr GRAYHAM of Titchborne and Mr Lawrence COOPER and his son Henry and this deponent Trustees thereof … //
Elizabeth BUDD since deceased executrix thereof and had directed her that in case she continued his widow till her death she should give the annuity of sixty pounds a year payable out of Sir Henry TITCHBORNE … //
John BUDD and William BUDD (paying some legacies there out). And the said John BUDD deceased further told and declared to this deponent that he had given by his said Will to the defendant Richard BUDD the sum of … //
Had directed his said then wife Elizabeth BUDD deceased to give the freehold that he bought of Mr WHITEHEAD called Newhouse in Hawkley to the defendant Richard BUDD in lieu and satisfaction of the said … //
Him by the Will of the said John BUDD deceased as aforesaid or to that or the like effect. But that in case she the said Elizabeth BUDD his said wife should happen to marry before she died that then he the said John BUDD … //
Directed this deponent as one of his trustees and being his brother to dispose of the said annuity and freehold lands called NewHouse in the same manner as before mentioned and as he had before directed his said .. //
Like effect. Henry BUDD//
JOHN BLANCHARD OF THE PARISH OF EAST MEON IN THE COUNTY OF SOUTHAMPTON YEOMAN AGED THIRTY YEARS AND UPWARDS A WITNESS PRODUCED SWORN AND EXAMINED ON THE PART AND BEHALF OF THYE COMPLAINANTS
To the first Interrogatory this deponent saith that he doth know the complainants John BUDD and William BUDD and the defendant Richard BUDD in the title of the interrogatory named and hath so known them … //
years last past and upwards but the other defendants Elizabeth BUDD and Ann BUDD the infants in the title of the interrogatory named he this deponent doth not know. And this deponent saith that he … //
In the County of Southampton yeoman deceased in his life time and did so know him for several years before his death but when he dyed this deponent cannot say. And this deponent further saith that he did … //
The late widow of the said John BUDD deceased in her lifetime and did so know her for several years before her death but when she dyed this deponent cannot say. And this deponent also saith that … //
Continue the widow of the said John BUDD deceased as this deponent verily believes to the time of her death. //
SIXTH
To the sixth Interrogatory this deponent saith that he this deponent did see the said Elizabeth BUDD deceased sign seal publish and declare the paper writing now produced and shown unto to this … //
Examination to this interrogatory as her Last Will and Testament at or about the time at or about the time of the date thereof (that is to say) at or about the month of February which was in the year of Our Lord One Thousand … //
This deponent also sayeth that he this deponent and John TWINAM and John RICHARDSON who were present at the time of the said Elizabeth BUDD deceased signing sealing and publishing the said and that he … John //
TWINAM and John RICHARDSON and each of them did sign and attest the same as witnesses thereto in the presence of the said Elizabeth BUDD deceased and that the name John BLANCHARD thereto subscribed as a //
Handwriting. And this deponent cannot for certainty at this distance of time recollect whether there was any other person present at the time of the said Elizabeth BUDD signing sealing and publishing the said Will … //
SEVENTH
To the seventh Interrogatory this deponent saith that the said Elizabeth BUDD the testatrix was of sound mind memory and understanding at the time of her signing sealing and publishing her said … //
Believes and that she the said Elizabeth BUDD the testatrix did in the hearing and presence of this deponent and in hearing and presence of the said JOHN TWINAM and John RICHARDSON publish and declare … //
The preceding interrogatory as and for her last Will and Testament. //
EIGHTH
To the eighth Interrogatory this deponent saith that the said Original Will so signed sealed and published by the said Elizabeth BIDD deceased and the attestation thereof now shown unto him this deponent … //
Interrogatory for that purpose set forth for that he this deponent hath at this time of his examination carefully compared and examined the copy or transcript of the said Will and Attestation set out … //
Said Original Will and Attestation thereof now produced and shown unto him this deponent and that the said transcript is a true copy of the said original Will and that the same transcript or copy do the … //
Attestation thereof word for word and that the said copy or transcript doth not vary of differ from the said original Will and attestation thereof in any particulars according to the best of this deponent’s … //
JOHN RICHARDSON OF THE PARISH OF ROPLEY IN THE COUNTY OF SOUTHAMPTON GENTLEMAN AGED SIXTY ONE AND UPWARDS A WITNESS PRODUCED SWORN AND EXAMINED ON THE PART AND BEHALF OF THE COMPLAINANTS DEPOSIT AS FOLLOWETH:-
FIRST
To the first interrogatory this deponent sayeth that he doth know the complainants John BUDD and William BUDD and the defendant Richard BUDD in the title of the interrogatory named and hath so known them for several years last past
this deponent doth not know and this deponent did also known John BUDD late of West Tisted in the County of Southampton yeoman deceased in his life time and had known him for the space of forty years next before his death which happened about Eleventh … //
deponent’s remembrance. Also this deponent sayeth that he did likewise know Elizabeth BUDD deceased the late widow of the said John BUDD deceased in her life time and had known her for the space of twenty years next before her death which happened … //
time in or about the month of April which was in the year of Our Lord One thousand seven hundred and thirty six (1736). And this deponent further saith that the said Elizabeth BUDD did continue the widow of the said John BUDD deceased to the time of her death … //
deceased to any person as this deponent verily believes. //
SIXTH
To the sixth interrogatory this deponent sayeth he did see the said Elizabeth BUDD deceased sign seal publish and declare the paper writing now produced and shown unto him this deponent at this time of his examination as her last Will and Testament or … //
The year of our Lord one thousand and thirty two (1732) being the date of the said Will and that he this deponent John BLANCHARD and John TWINAM were present at the time of the said Elizabeth BUDD signing sealing and publishing the said Will and that he the … //
And each of them did sign and attest the same as witnesses in the presence of the said Elizabeth BUDD and that this deponent’s name John RICHARDSON thereto subscribed as a witness of the proper hand writing of this deponent and this deponent cannot for … //
Person present at the time of the said Elizabeth BUDD signing Sealing and publishing her said Will as aforesaid. //
SEVENTH
To the seventh interrogatory this deponent sayeth that the said Elizabeth BUDD the testatrix was of sound mind memory and understanding at the time of her signing sealing and publishing of her said Will as aforesaid as this deponent verily … //
Her directions wrote the said Will which was read over before her executing the same and by her was approved of published and declare of in her hearing and presence of this deponent and the said John BLANCHARD and John TWINAM as and for … //
That the said Elizabeth BUDD the testatrix then desired this deponent and the others subscribing witnesses to the said Will to be witnesses thereto and his this deponent keep it in his possession which he accordingly did until after the death of the said … //
EIGHTH
To the Eighth interrogatory this deponent sayeth that the said original Will so signed sealed and published by the said Elizabeth BUDD deceased and the attestations thereof now she .. unto him this deponent doth contain the words in this interrogatory … //
Deponent hath now at this the time of his examination carefully compared and examined the copy or transcript of the said Will and Attestation set forth in this said Interrogatory unto the said Original Will and Attestation thereof now … //
Also sayeth that the said transcript is a true copy of the said Original Will and Attestation and that the same transcript or copy doth agree with the said Original Will and Attestation thereof word for word. And that the said copy or transcript … //
Original Will and Attestation thereof in any particular according to the best of this deponent’s judgement and belief, John RICHARDSON.
JOHN TWINAM OF THE PARISH OF EAST MEON IN THE COUNTY OF SOUTHAMPTON HUSBANDMAN AGE TWENTY SEVEN YEARS AND UPWARDS A WITNESS PRODUCED AND SWRN AND EXAMINED ON THE PART AND BEHALF ON THE COMPLAINANTS DESPOSIT AS FOLLOWETH
FIRST
To the first interrogatory this deponent sayeth that he doth know the complainants John BUDD and William BUDD and the defendant Richard BUDD in the title of the Interrogatory named and hath so known them for several years … //
The other defendants Elizabeth BUDD and ANNE BUDD the infants or either of them and this deponent sayeth that he did not know John BUDD of West Tisted in the County of Southampton yeoman deceased in his lifetime nor doth he know when he died … //
Deceased late the widow of the said John BUDD deceased in her life time and knew her about eight or nine years before her death but when se died this deponent doth not exactly know but hath been informed and believes that she signed … in the //
Year of Our Lord One Thousand seven hundred and thirty six (1736) and this deponent also sayeth that he verily believes that she the said Elizabeth BUDD deceased did continue the widow of he said John BUDD deceased to the time of her death and that she … //
SIXTH
To the sixth interrogatory this deponent saith that he saw the said Elizabeth BUDD deceased sign seal publish and declare the paper writing now produced unto him this deponent at this time the time of examination upon this interrogatory as her last Will and Testament … //
Was in the year of Our Lord One thousand seven hundred and thirty two (1732) about the particular day at this distance of time this deponent cannot recollect. And this deponent further saith that John BLANCHARD and John RICHARDSON were also present at the time of the said … //
Will and that this deponent and the said John BLANCHARD and John RICHARDSON and each of them did sign and attest the same as witnesses in the presence of the said Elizabeth BUDD deceased. And that he this deponent name John TWINAM thereto subscribed as witness of the … //
SEVENTH
To the seventh interrogatory this deponent sayeth that the said Elizabeth BUDD the testatrix was of sound mind memory and understanding at the time of her signing and publishing her said Will as he this Deponent verily believes and that she did declare and publish the same … //
JOHN TANNER OF WEST TISTED IN THE COUNTY OF SOUTHAMPTON HUSBANDMAN AGED FIFTY FIVE YEARS AND UPWARDS A WITNESS PRODUCED SWORN EXAMINED ON THE PART OF THE COMPLAINANTS DEPOSIT AS FOLLOWS //
To the first interrogatory this deponent sayeth that he doth know the complainants John BUDD and William BUDD and the defendant Richard BUDD the title of interrogatory named and hath known them for several years last past and that he … //
.. and this deponent saith that he did know John BUDD late of West Tisted in the County of Southampton yeoman deceased in his life time and had so known him for two or three years next before his death which happened about eleven or twelve years ago. And … //
… of the said John BUDD deceased in her life time and had known her about eleven or twelve years next before her death And that she died in the month of April which was in the year of Our Lord One Thousand Seven Hundred and Thirty Six (1736)… //
… also sayeth that the said Elizabeth BUDD deceased did continuing the widow of the said John BUDD deceased til the time of her death and that she was married after the death of the said John BUDD deceased to any person this deponent … //
… interrogatory this deponent saith that he did see the said John BUDD deceased sign seal publish and declare the paper writing now produced and shown to him this deponent at this time of his examination as his last Will and Testament … //
… seven hundred and twenty six/seven according to the best of this deponent’s remembrance and this deponent also saith that John BUDD and Thomas CHASE two of the subscribing witnesses to the said Will and one Mr Lawrence COOPER since deceased … //
… said wife and that he this deponent and the said John BUDD one of the said subscribing witnesses and Thomas CHASE and each of them did sign and attest the same as witnesses in the presence of him the said John BUDD the testator and that this deponent … //
… writing. //
… saith that the said John BUDD the testator was of sound mind memory and understanding … signing sealing and publishing his said Will as this deponent verily believes and that he desired this deponent and the other subscribing witnesses … //
… John TANNER.//
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