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been unkind to him, but that his wife had been very kind and careful of him; and he believeth the only reafon induced the faid deceased at that time to declare his Will was, that he this deponent might know it before his goeing into the country, et aliter referendo fe ad pre-depofita nefcit refpondere.

Ad 4. Interr. refpondet, that he knoweth not how the parties miniftring thefe interrogatories frequent the church, or in what manner of behaviour of life and converfacion they are of, they living apart from their father four or five yeares laft paft, and as touching his the deceased's displeasure with them, he only heard him fay at the tyme of declareing of his Will, that they were undutifull and unkind to him, not expreffing any particulars; but in former tymes he hath herd him complaine, that they were careless of him being blind, and made nothing of deferteing him, et aliter nefcit refpondere.

Ad 5m. Interr. refpondet, that fince this refpondent's comeing to London this Michaelmas Terme laft pafte, this refpondent's fifter, the party now producent in this caufe, told this refpondent, that the deceased his brother did after his this refpondent's goeing into the country in Trinity vacacion laft fum mer [fay,] that, if she 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 himfelfe did not declare any fuch thing to this refpondent at the tyme of his declaring his Will, the tyme above depofed of.

Ad 6 Interr. refpondet, that he beleeveth that what is left to the parties miniftring these interrogatories by the faid deceased'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 executors, et aliter nefcit reSpondere.

Ad 7 Interr. refpondet, that he this refpondent did draw upp the very Will executed in this caufe, and write it with his owne hand, when he came to this court, about the 23d. of November last past, and at that tyme this refpondent did read the fame all over to Elizabeth Fisher, the faid deceased's late maid fervant, and the faid the remembered the fame, and in confirmation whereof fet her marke thereto in manner as on the fame Will executed in this caufe is now to be feen. And this refpondent waited on the faid deceafed's widdow once at Doctor Exton's chambers about this suite, 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 caufe.

Ad 8. Interr. refpondet, that he knoweth of noe fortune given by the faid deceased to the parties miniftring thefe interrogatories, befides the portion which he was promised with his former wife in marriage, being a 10001. which is ftill unpaid befides the intereft thereof for about twenty yeares, faveing his charges in their maintenance and breeding, et aliter nefcit refpondere, favcing 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.
Thompson.

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 auni, 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 quodam 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 Allis et ad teftamentum nuncupativum Johan Milton teftatoris in hac caufa defuncti in hujufinodi nego. dat. et exhibit. deponit et dicit, that this deponent knew and was well ac

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quainted 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 beft 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 Fields, and about noone of the fame day, the faid deceafed and the producent Elizabeth his wife being then at dinner in the said kitchen, hee the faid deceafed 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 knoweft I have given thee all when I dye at thy difpofal;" there being then present in the faid kitchen this deponent's fifter and conteft namely Elizabeth Fyther. And the faid deceafed was 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 refpon

• i. e. Fellow-witnefs, Con-Teftis.

dent which of the parties in this fùite obtaine, and would give the victory in this cause 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 deceased declared the words by her pre-deposed, but remembreth that it was about noone of fuch day that the words which hee then declared were thefe, 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 seemed to be in good health of body; but upon what occafion hee spoke the faid words fhee knoweth not, et aliter nefcit.

Ad quartum Interr. refpondet, that this refpondent knoweth neither of the parties miniftrant in this cause faving this refpondent once faw Anne Milton one of the ministrants, et nefcit respondere 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.

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