Crossle Record
Page 82
George Beatty the elder brother of Plt. was at that time about 40 yrs of age and George got said will, but kept same till he died, and that Plt together with George Beatty and with Francis Beatty (son in law to testator) were appointed exors. to sd will . Admit that George did not think it necessary to prove the will because Plt. was the only one who interfered in the assets of testator--but that Plt. was fully conversant with contents of the will when Claud died because Plt. had a conversation with Rev George Crawford (Deft) prior to the death of George when he declared his father would have left him a part of the lands of Cloon were it not that it had been represented to his father that he would injure his sons Archibald, George, Wm. and John, and also their uncle if he devised said lands away from them, which lands he had acquired by their mother and that he should leave Cloon to the children of his first marriage. That in said will £80 is bequeathed as a marriage portion for testator's daughter Elizabeth payable out of the assets of Testators ?, all of which Plt. has possessed himself, and George Beatty never had any of same and it was but just for George Beatty to tell Plt. he was bound to pay not only £50 but the entire £80. George Beatty gave Plt. a true copy of the will and Plt. was acquainted with the contents there of for a period of 38 years before he pled his bill of complaint instead of asserting his allegations while George was alive who could have refuted the charges. When George Beatty died his papers came to Deft. George Crawford (who is married to a grand-dau. of George Beatty) and in July 1808 George Crawford gave the original will of Claud Beatty to a son of Plt. to have same proved in the trial of a ejectment between the parties in bill named relating to certain lands devised by said will, in which ejectment the name of Deft. George Crawford was only and as a nominal Plt. he being only interested therein because he was a trustee of the marriage settlement of Plt's son Claud. The copy of the will of Claud Beatty the elder was made by one John Thompson who did not alter any words. The will contained a clause that George Beatty, should be paid £5 yearly for his trouble about said care of Cloon and if the lease subsisted longer than the life of George Plt. was to have £5 a year after payment of the profits thereof to his son Archibald, George, Wm. & John. Believe that it was a mistake of testator own that the words devising? the lands to his six sons was altered by testator himself and the name of Plt. and his brother Claud erased by testator. Testator declared before he made the will he had left Cloon to the sons of his first wife, which declaration can be proved by a respectable gentleman. Admit there are two interpetations in the words "Colt" and "Francis. Say that
|
