Crossle Record
Page 190
is entitled to the interest of John Betty to said lands of Ardvarney and Ferrardle under said original mortgage (That Archibald Irwin has also died but made his will and appointed Christopher Irwin, Esq., Charles Johnston and William Hezlett exrs and by his said will devised his real estate to his nephews Gerrard Irwin, Thomas Chitick and Archibald Chitick, he the said Archibald Irwin having died without issue and said Mervyn Archdall and Henry Cochran are likewise since dead). That said confederates by the death of said John Betty in respect(?) that Plt. could not proceed any further is said cause without reviving same against Christopher Betty his brother and heir, for which reason Plt. exhibits this his bill of reviver (?). That in as much as Christopher Betty has entered upon and possessed himself of said lands and refuses to admit Plt. to the equity of redemption of the original mortgage, pretending he has an absolute estate in fee simple thereto. Prays that writs may be gtd agst Christopher Betty, John Cochran, Guy Carleton, Chriospher Irvine, Wm. Humpherys, Christopher Irvine, Charles Johnston, Wm. Hezlett, Gerrard Irvine, Thomas Chitick and Archibald Chitick and Wm Knox &c. Bill entered 5 April 1728.
Exchequer Bill:
Lucy Armstrong, widow, Plt. Warneford Armstrong, Richard Dudgeon, Edward Dudgeon. John Armstrong, and Thomas Armstrong, Defts. 23 Sept. 1717. No ans.
Plaintiff Lucy Armstrong of Ballycumber, Kings Co., widow, sheweth, that by marr. Articles dated 9 June 1697 executed between Plt’s late husband Andrew Armstrong of Ballycumber, King’s Co., gent., dec’d, of the one part, and Plt’s relation Robert Warneford of Mount Melick, Queen’s Co. Esq., dec’d on behalf of Plt. on the other part, he Andrew Armstrong did covenant to settle on Plt. £400 in case she survived him in consideration of the marriage portion therein mentioned which he had received with Plt.; and that said marriage took place soon after, and Plt. had several children by Andrew Armstrong whereof the eldest son is Warneford Armstrong, gent. (one of the Defts.) That Andrew Armstrong finding himself indisposed and likely to die when in Dublin in April 1716 made his will whereby he devised £60 per annum to Plt. for life in full of all jointure or claim on his estate which in the whole is valued at £7,000 over and above said £400 (secured to Plt by above marr. arts.) and devised the residue of his substance among his children by Plt. being eight in number, and said Andrew died in the following May. That Plaintiff discovered said will had been deposited by Plts late husband in safe keeping with Richard Dudgeon, Edward Dudgeon, John Armstrong and Thomas Armstrong in the city of Dublin, and she applied to them to deliver same to her in order to prove same which they refused to do, their refusal being in favour of Plt’s son Warneford Armstrong who has set up a will alleged
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