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830 That she does verily beleive the said Testator by Consistuteing her his Ex.r & intended no otherwise than that she should have the adm.rcon of said Testators personall Estate with the Usuall Pquisites and sallarys due to Adm.rs and that she should have her third part thereof afters his Debts paid and that she verily beleives that he intended that the residue of his Psonall Estate should be equally divided amongst his Children and that she has often heard him Express himself in words to that Effect That he allways seemed to her to be a Tender loving father of his Children That after she tooke the burthen of said will upon her and before her intermarriage with said Kilburne she did in pursuance of what she then really beleived and still beleives to have been the Testators Intent pay unto the said John Beale and Elizabeth his wife (which said Eliz.a is the said Minors sister) in part of her portion of the said Estate to the Value of about seven pounds sterling and the she never to her knowledge heard him reject his said Children Nor Express himself otherwise towards them than ^as^ a fond loving father And that she never heard him say or understood that ever he designed to give her all his personall Estates or the Residue thereof but has heard him say that that man was a fool that gave his wife more than her thirds if he had Children and that she knows not that ever the said Testator made any other provisions for his said Children that what he designed them by the said will End that he therein made no Express bequest of any part of his personall Estate to any of them And the said Charles Kilburne for answer thereto saith that he beleives it to be true that about the time in the Bill sett forth Andrew Norwood therein named did make his last will and Testament in writeing and being possessed of a Competent reall and personall Estate did order by his said part of his said Reall Estate to be sold for the payment of his Debts but whether his meaning in soe doeing was as in the Bill suggested this Defend.t knoweth not but is inclined to beleive to the words of the will that Constitutes his wife Ex.rx that his |
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Chancery Court, Chancery Record, 1671-1712
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