Crossle Record
Page 61
Prerogative Cause Papers: Smith v Beatty, 1728: -
In a cause promoted by Wm. Smith now of the city of Dublin, Bombardier by James Jackson N.P. his proctor, promoters, to prove the will of Francis Beatty late of the Royal Regt. of Artillery and at Gibraltar and parts beyond the seas. Why probate should not be granted to said William Smith, against Charles Beatty, Esq. by James Hamill, N.P. his proctor, caveators. Dated 28 June 1728 [Signed] Willm Smith. Witnesses: James Reilly. Richd Bartlett.
Negotiations to prove the will of Francis Beatty (sic) late of the Kingdom of Ireland but late of Gibraltar in parts beyond the seas, Bombardier, why probate should not be granted to Wm. Smith Exor, &c. &c.
Deponent Isaac De Lanauze of Woolwich, Co. Kent, gent., but who belonged to Killishandra, Co. Cavan, Ireland, aged 32. Dept. knows Wm. Smith from child hood, they both having been born in the same parish in Ireland and also knew Charles Beatty (sic), Esq., and although he was well and intimately acquainted with Francis Beatty (sic) the testator, for 8 years before he died, this Dept. only became acquainted with him by their being both Bombardiers in the same regiment of artillery. This Dept. on 30 April 1727, being the date of Francis Beatty’s will, being with testator at Gibraltar which was then besieged by the Spaniards and being in the same barracks, the Dept. wrote the will for Francis Beatty who signed same in presence of the Dept. and of Joshua Garnett and George Marshal (sic) the other witnesses and testator was in possession of all his faculties at said time. [Signed] Isaac De Lanauze, in the presence of John Trenly, N.P Dated 16 Aug. 1728.
Deposition of Joshua Garnett (sic) of Woolwich, Co. Kent, gent. but belonging to the psh (sic) of St. James’ Westminster, aged 23. Dept. witnessed the will of Francis Beatty whom he knew for 12 months before his death which occurred in July or Aug. 1727 [Signed] Josa Garnett as same witness & date.
Exchequer Bill:
John Smith, Richard Bartlet (sic), Walter Brampston, exors of Wm. Smith, Plts. Arthur Beatty, Wm Tweedy, Mary Beatty, Edward Beatty (sic), James Young, John Irwin, Claud Beatty (sic), Henry O’Neill, Robert Beatty, and William Beatty, Defts.
Bill entered 3 April 1733. Ans. (sic) Arthur Beatty 26 May 1733.
Plaintiffs John Smith of Grappage, Co. Cavan, gent, Richard Bartlett (sic) of the City of Dublin, gent, and Walter Brampston of Pottlebawn [Pottlebane?], Co. Meath, gent, exors of the will of William Smith late Sergeant in the Royal Regiment of Artillery and Woolrich, Co., Kent in Great Britain, decd shew. That Francis Beaty (sic) late Bombardier in said Royal Regt. of Artillery died at Gibraltar in 1727 but made his will of which
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