Crossle Record
Page 62
he appointed said Wm Smith his heir and exor. That Francis Beatty was the only child of Robert Beatty, late of Gorton dorragh, Co. Fermanagh, gent. who died intestate being killed at the siege of Aier (sic) in Flanders in 1710. That Wm Smith commenced a suit in this Hon. Court against Charles Beatty late of Farranseer, Co. Cavan, Esq. who was uncle to Wm Smith for an account of the assets of said Francis and Robert Beatty. That Charles Beatty contested the validity of the will of Francis Beatty in the Prerog. Court, but eventually agreed with and paid to Smith the expenses of said probate suit in as much as Wm. Smith was a near relation to him (Charles) being his sister’s son and a person for whom he had a great regard, and said Charles Beatty agreed he would leave to Wm Smith at this death (excepting the thirds to his wife and ƒ20 to his brother Arthur Beatty) provided Wm. Smith would release to him (Charles) his demands as aforesaid. To their agreement Wm Smith accepted at the instance (sic) of Anne Smith his mother who was sister to Charles Beatty. That Charles Beatty being reputed to be a wealthy man he the said Charles Beatty, Wm. Smith & Plt Richd Bartlett and others on 6 Feb 1728 met in the city of Dublin to make said agreement at which time Charles Beatty paid to Smith by note and Cash ƒ30 towards payment of the probate suit of the will of Francis Beatty, and Charles Beatty did further make a will (to which Plt Richd Bartlett was a witness) dated 6 Feb. 1728 whereby he bequeathed to his beloved wife Mary Beatty a third of his substance for her life and after her death to his exor, and to his brother Arthur Beatty ƒ20 and residue of all his substance to his well beloved nephew Wm Smith (in case he Charles Beatty should die leaving no lawful heirs), and appointed Smith sole exor with power to Wm. Smith to devise said substance by his will he should direct. That Charles Beatty at same time perfected a bond to Wm Smith bearing even date in the penalty of ƒ1,000, reciting that disputes had arisen between him and Wm Smith touching the effects of Robert Beatty late of Gortondorragh, Co. Fermanagh, decd, and particularly touching the lands of Gortendarrogh and profits thereof from the death of Robert Beatty and touching the effects that Francis Beatty died possessed of, he the sd Charles Beatty in conson [Transcriber note: abbreviation for word "consideration.”] that Wm Smith had released to him all claim thereto had made a will in favor of Wm Smith and that he would not revoke same to the prejudice of Wm. Smith. That before the perfection of said bond Wm Smith had executed a release to Charles Beatty as recited in the bond. That Wm Smith being about to return to his command at Gibraltar made his will in the city of Dublin dated 12 March 1728 and appointed Plts. exors and Wm Smith returned to Gibraltar and died there on 10 Dec. 1730 during the lifetime of Charles Beatty and Plts John and Richard proved the will in Prerog. Court. That Charles Beatty at the time he perfected said will and bond desired that same might be kept secret for he said if his brother Arthur knew he would not have a quiet hour from him. That Charles Beatty
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