Crossle Record
Pg. 57
and put Nicholls in possession of the lands. That about 1708 Robert Beatty went into the army and took with him his said wife and his son Francis where he continued about two years and was afterwards killed at the siege of Aier (sic) in Flanders in 1710. "That the said Robert Beatty died intestate leaving lawfull (sic) issue of the said Francis his son by his said wife.” Defts do not know or believe that Charles Beatty on the decease of Robert Beatty administered to the goods of Robert Beatty or that sd Charles ever administered the goods of Samuel Beatty his brother. Defts believe "said Jane the widow of the said Robert Beatty being in Flanders with her said Husband (sic) at the time of his Death (sic) and the said Charles Beatty being then also in Flanders and intending then soon to quit the army and return to Ireland they the said Jane Beatty and Francis Beatty desired the said Charles Beatty to look after the said lands,” and manage same for them and gave Charles Beatty a letter of attorney, who accordingly soon after returned to Ireland, and by virtue of said letter of attorney, but not otherwise, settled accounts with Richd (sic) Nicholls on foot of sd mortgage, which mortgage there Defts believe was never paid off or discharged by the perception of the rents of said land. Defts believe that Charles Beatty by virtue of said letter of attorney and not by virtue of said letters of admon entered into possession of said land and received the profits there of as trustee for "said Jane Beatty and her said son Francis.” Defts believe that said Francis Beatty never was after the death of his father in actual possession of said lands otherwise than by his said trustee he continuing from that time in the army beyond the seas and never was afterwards in their kingdom to the time he died. That Charles Beatty received the profits of said lands by virtue of said letter of attorney and not otherwise. That Francis Beatty died at Gibraltar in 1727 and having made his will bequeathed all his substance to William Smith then Bombardier in the Royal Regt. of Artillery and appointed Smith sole exor which will was proved in the Prerogative Court of Ireland. That William Smith was said Francis Beatty’s relation they being brother and sister’s children. That after the death of Francis Beatty, Wm Smith wrote a letter to Ann (sic) Smith his mother in Ireland advising her of the will of Francis Beatty and that he intended soon to come to Ireland and would call on his uncle Charles Beatty to come to an account touching said lands and the profits thereof. That Charles Beatty being informed of said letter entered a Caveat in the Prerog. Court against said Wm Smith proving said will. That Smith in 1728 arrived in Ireland and exhibited the will of Francis Beatty in the Prerog. Court in order to prove it. That Charles Beatty having entered said Caveat, this Deft Richard Bartlett saith and the other
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