Crossle Record
Page 56
said later will (Plt.. Wm Tweedy having renounced exorship That Wm Smith died in the lifetime of Charles Beatty without issue, but made his will whereof he appointed his brother John Smith, and Richard Bartlett and Walter Brampston exors. Now so it is said John Smith, Richard Bartlett, and Walter Brampston as such exors, combine with Edward Beatty and Charles Beatty in order to defraud Plt Arthur Beatty of his proportion of Samuel Beatty’s moiety of Gortondarragh and of the profits thereof received by Robert Beatty during his lifetime, and also of the funeral expenses of Charles Beatty expended by Plt. Arthur, and also of the several legacies paid by Plt. Arthur according to the later will of Charles Beatty, and also to defraud Plt. Mary Beatty of her provision by her husband Charles Beatty’s later will, they the said exors of Wm Smith in Trinity ??? last did file their declaration on the Plea side of this Hon. Court against Plts Arthur Beatty and Wm. Tweedy as exors of Charles Beatty on foot of said bond executed by Charles Beatty to Wm. Smith hoping thereby to get all the effects of Charles Beatty into their hands. Plts. charge that said bond should not be allowed to alter the will of Charles Beatty and the exors of Wm Smith so now refuse to come to any agreement in the matter. Prays for writs against John Smith, Richard Bartlett, Walter Brampston, Edward Beatye (sic), Charles Beatye (sic), Claud Beatye, William Beatye, and William Eccles (and Mary Beatye (sic)) to answer in the premises. Entered 6 Dec. 1732. Bill amended 15 Feb. 1732 [-3] by order dated 14th inst. by striking out one of the Plts and making her a Deft. [i.e. Mary Beatye. (sic)].
Exchequer Answer ???? 26? Jan. 1732 [3]
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Answer of John Smith, Richard Bartlett, and Walter Brampston to the Bill of Complaint of Arthur Beatty, Wm Tweedy and Mary Beatty, Plts.
These defts say that John Beatty as mentioned in the bill was possessed of a farm called Gorton Darragh situate in Co. Fermanagh and not in Co. Monaghan for a term of 61 years, and that he made his will dated 1 Nov. 1681 whereby he devised to his sons Samuel and Robert Beatty his interest in said lands of Gortondoragh (sic) and the other lands belonging thereto equally between them and that John Beatty died soon after. That Samuel Beatty died soon after the death of his father in his minority about 9 years of age and s.p. having 3 brothers, viz: said Robert and Charles Beatty and the Plt. Arthur Beatty and one sister Anne Beatty alias Smith. That Robert Beatty by virtue of said will entered on said lease hold and received the profits thereof to his own use for many years without any claim thereto of his said brothers or sister. That Robert Beatty afterwards married with Jane King by whom he had an only child Francis Beatty. That Robert Beatty mortgaged said lands of Gortondoragh (sic) to Richard Nicholls of near Clownis, Co. Monaghan
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