fifter, the party now producent in this cause, told this refpondent, that the deceased his brother did after his this refpondent's goeing into the country in Trinity vacacion last summer [fay,] that if the should have any overplus above a 1000%. come to her hands of his the deceased's eftate, she should give the fame to this refpondent's children: but the deceased himselfe did not declare any fuch thing to this refpondent at the tyme of his declaring his will, the tyme above deposed of. Ad 6m. Interr. refpondet, that he beleeveth that what is left to the parties miniftring these interrogatories by the said deceafed's will, is in the hands of perfons of ability abell to pay the fame, being their grandmother and uncle; and he hath feen the grandfather's will, wherein 'tis particularly directed to be paid unto them by his executers, et aliter nefcit refpondere. Ad 7m. Interr. refpondet. that he this refpondent did draw upp the very will executed in this cause and write it with his owne hand, when he came to this court, about the 23d. of November laft paft, and at that tyme this refpondent did read the fame all over to Elizabeth Fisher the faid deceased's late maid fervant, and she said the remembered the fame, and in confirmation thereof fet her marke thereto in manner as on the fame Will executed in this caufe is now to be seen. And this refpondent waited on the faid deceased's widdow once at Doctor Exton's chambers about this fuite, at which tyme she wanted fome halfe crownes, and this refpondent lent her then two halfe crownes, but more he hath at noe tyme paid either to Doctor or Proctor in this cause. Ad 8. Interr. refpondet. that he knoweth of noe fortune given by the faid deceased to the parties miniftring these interrogatories, befides the portion which he was promised with his former wife in marriage, being a 1000l. which is ftill unpaid befids the intereft thereof for about twenty yeares, faveing his charges in their maintenance and breeding, et aliter nefcit refpondere, faveing that Anne Milton interr. is lame and helples. Ad ult. reddit caufas fcientiæ fuæ ut fupra. Die prid. Repetit. cor. Doctore. Lloyd Surrog CHR. MILTON, Milton con. Milton et Milton Clements. Sup. All artic. et Teftamento nuncupativo Johan. Milton defuncti ex parte Elizabethæ Milton in hujufmodi Caufa dat. et admiff. examinat. 15°. Dec. 1674. Maria Fisher foluta famul. domeftica Johan. Batten habitan. in vico vocat Bricklane in Old Streete ubi moram fecit per Spacium fex hebdomadarum aut eo circiter, antea cum Benjamino Whitcomb Mercatore habitan. in vico vocat Coleman Streete London per Spacium 3m. Menfium, antea cum Guiddon Culcap infra locum vocat Smock Alley prope Spittlefields per Spacium unius anni, aut eo circiter, antea cum Johanne Bayley infra Oppidum Milton in Com. Stafford per Spacium duorum annorum, antea cum Johanne Baddily infra parochiam de Milton præd. per Spacium trium annorum, et antea cum quomodo Rogers Hargrave infra parochiam de Milton præd. per Spacium duorum annorum aut eo circiter, orta infra parochiam de Norton in Com. Stafford præd. ætatis 23 aut eo circiter, teftis, &c. Ad omnes articulos dictæ Allnis et ad teftamentum nuncu, pativum Johan. Milton teftatoris in hac caufa defuncti in hujufmodi nego. dat. et exhibit. deponit et dicit, that this deponent knew and was well acquainted with the articulate John Milton the teftator in this caufe deceased, for about a twelve moneth before his death, who dyed about a moneth fince to the best of this deponent's remembrance; And faith, that on a day hapning about two moneths fince, as neare as this deponent can remember, this deponent being then in the kitchen of the house of the forefaid John Milton fcituate against the Artillery Ground neare Bunhill Feilds, and about noone of the fame day, the faid deceafed and the producent Elizabeth his wife being then at dinner in the faid kitchen, hee the faid deceased amongst other difcourfe then had betweene him and his faid wife, did then fpeake to his faid wife and utter these words, viz. “Make much of mee as long as I live, for thou knowest "I have given thee all when I dye at thy difpofall:" there being then present in the faid kitchin this deponent's fifter and conteft namely Elizabeth Fyfher. And the faid deceased was a i, e. Fellow-witnefs Con-Teftis, € 2 at at that time of perfect mind and memory, and talked and difcourfed fenfibly and well, and was very merry, and feemed to be in good health of body, et aliter nefcit. Signum MARIE FISHER. AD INTERROGATORIA. Ad primum Interr. refpondet, that this refpondent hath noe relation or dependance on the producent Elizabeth Milton, that it is indifferent to this refpondent which of the parties in this fuite obtaine, and would give the victory in this eause if in her power to that party that hath most right; but which party hath most right thereto this refpondent knoweth not, et aliter nefcit. Ad fecundum Interr. refpondet, that this refpondent doth not remember the day when the deceafed declared the words by her pre-depofed, but remembreth that it was about noone of fuch day that the words which hee then declared were these, viz. "Make much of mee as long as I live, for thou knoweft "I have given thee all when I dye at thy difpofall;" then speaking to his wife Elizabeth Milton the party producent in this caufe, et aliter nefcit. Ad tertium Interr. refpondet, that the deceased when hee declared the words pre-depofed was then at dinner with his wife the party producent and was then very merry, and feemed to be in good health of body; but upon what occafion hee fpoke the faid words fhee knoweth not, et aliter nefcit. Ad quartum Interr. refpondet, that this respondent knoweth neither of the parties miniftrant in this caufe faving this refpondent once faw Anne Milton one of the miniftrants, et nefcit refpondere per parte fua. Ad quintum Interr. nefcit refpondere. Ad fextum Interr. nefcit refpondere. Ad feptimum Interr. non concernit eam, et nefcit refpondere. Ad octavum Interr. refpondet, that this refpondent once faw the Interr. Anne Milton but doth not remember whether thee was lame or helpleffe, et aliter nefcit. Ad gm. Interr. refpondet, that this respondent knoweth nothing of the deceased's eftate or the value thereof, et aliter nefcit. Eodem Die Elizabetha Fisher famula Domeftica Elizabethæ Milton ptis producentis in hac caufa cum qua et Johanne Milton ejus Marito defuncto vixit per Spacium 13 Menfium, antea cum quodam Thoma Adams apud Bagnall in Com. Stafford per Spacium trium annorum et sex Menfium, antea cum Wmo. Bourne Gen. infra parochiam de Woolftilftan in Com. Stafford præd. per Spacium duorum annorum, ortus infra parochiam de Norton in Com. præd. ætatis 28 annorum aut eo circiter, teftis, &c. Ad omnes articulos dictæ Allnis. et ad teftamentum nuncupativum Johan. Milton teftatoris in hac caufa defuncti in hujufmodi negotio dat, exhibit et admiff. deponit et dicit, that this deponent was servant unto Mr. JOHN MILTON the teftator in this caufe deceased for about a yeare before his death, who dyed upon a Sunday the fifteenth of November laft at night, And faith that on a day hapning in the month of July laft, the time more certainly the remembereth not, this deponent being then in the deceased's lodging chamber, hee the faid deceased, and the party producent in this cause his wife, being then alfoe in the faid chamber at dinner together, and the faid Elizabeth Milton the party producent having provided fomething for the deceased's dinner which hee very well liked, hee the faid deceased then spoke to his faid wife these or the like words as neare as this deponent can remember, viz. "God "have mercy Betty, I fee thou wilt performe according to "thy promife in providing mee fuch dishes as I think fitt "whilft I live, and when I dye thou knoweft that I have left "thee all," there being noebody present in the said chamber with the faid deceafed and his wife but this deponent: And the said teftator at that time was of perfect mind and memory, and talked and difcourfed fenfibly and well, but was then indisposed in his body by reafon of the diftemper of the gout, which hee had then upon him. Further this deponent faith, that thee hath fevrall times heard the faid deceased fince the time above depofed of, declare and fay, that hee had made. provifion for his children in his life time, and had spent the greatest part of his estate in providing for them and that hee was refolved hee would doe noe more for them living or dyeing, for that little part which hee had left hee had given it a His grand-daughter Elizabeth Fofter, by his third daughter Deborah, used to fay, that he was delicate, but temperate in his diet. to to his wife the articulate Elizabeth the producent or bee used words to that effect. And likewise told this deponent, that there was a thousand pounds left in Mr. Powell's hands to be difpofed amongst his children hereafter. By all which words this refpondent verily beleeveth that the said teftator had given all his eftate to the articulate Elizabeth his wife, and that fhee fhould have the fame after his decease, et aliter nefcit refpondere, faving that the faid deceased was at the fevral times of declaring the words laft pre-depofed alfoe of perfect mind and memory. Signum ELIZAB. FISHER. AD INTERROGATORIA. Ad primum Interr. refpondet, that this refpondent was fer tant to the deceased in his life time and is now fervant to the producent and therefore hath a dependency upon her as her fervant, that if the victory were in this refpondent's power fhee would give the deceased's eftate equally to be shared betweene the miniftrants and the producent, et aliter nefcit. Ad fecundum Interr. refpondet, that this refpondent doth not remember on what day the deceafed declared the words firft by her afore depofed, but it was about noone of fuch day when hee was at dinner that the precife words as neare as this refpondent can remember which the deceased used at that time were thefe, viz. "God have mercy Betty (fpeaking to "his wife Elizabeth Milton for foe hee ufually called her) "I fee thou wilt performe according to thy promise in pro"viding mee fuch difhes as I think fitt whilft I live and wher I dye thou knoweft that I have left thee all," et aliter nefcit, faving that this refpondent well remembreth that the deceased declared the words laft by her depofed to the articles of the allegation to this refpondent once on a Sunday in the afternoone, but on what day of the month or in what month the faid Sunday then happened this refpondent doth not remember. Ad tertium Interr. refpondet, that the occafion of the deceased's speaking of the words depofed by this refpondent in her answer to the next preceedent 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 faving that fome time he was troubled with the paine of the gout and that hee was at that time very merry and not in any paffion or angry humour neither at that time spoke any |