Crossle Record
Page 59
answer an agreement was made with Wm Smith whereby Charles paid the expense of probate of Francis Beatty’s will. That as Wm Smith was a near relation to Charles Beatty being his sister’s son and a person by whom he had a greater regard than for any other relation he said he would leave Smith his heir at his death (except the thirds to his wife for her life and ƒ20 to Plt. Arthur Beatty his brother) if Wm Smith would relinquish his demands to which Smith agreed by the persuasion of his mother Ann (sic) Smith and not for the reasons alleged in the bill, and not willing to incurr (sic) his uncle’s displeasure who declared so much respect for him he, Charles Beatty, being reputed to be a wealthy man. Accordingly Charles Beatty, Wm Smith and this Deft. Richd (sic) Bartlet (sic) met to make said agreement at which time Charles Beatty paid to Smith by note and in cash ƒ30 towards the cost of probate of Francis Beatty’s will; and said Charles Beatty then duely (sic) made his will dated 6 Feb. 1728 which should he, Charles, die without lawful issue he devised to Plt. Mary her third part of his substance for life only and after her death same to his exor, and bequeathed to Plt. Arthur Beatty ƒ20, and residue of his goods whatsoever to his "well beloved nephew said William Smith in case he should happen to die without lawful issue,” whom he also appointed exor, and did further will that in case his sd nephew Wm Smith should die before him that such person as Smith should by his will appoint should be his heir as by said will these Defts are ready to produce. That Charles Beatty at the same time perfected a bond bearing even date with said will in the penalty of ƒ1000 reciting that a dispute had arisen between sd Chas. Beatty & Wm Smith touching the effects of Robert Beatty of Gorton daragh, Co. Fermanagh, gent. decd, and particularly touching the lands of Gorton Darrogh and profits thereof since the death of Robert Beatty, and touching the effects of said Frances Beatty decd, and that Wm Smith had released his claim to the effects of both Francis and Robert Beatty, and Chas Beatty had made his will bearing even date and devised as above and promising he would not revoke said will in any way. Deft Richard Bartlett saith that Wm Smith, before Charles Beatty perfected said will or bond did perfect to Charles a release as recited. That Charles Beatty in his last sickness and some little time before he died was prevailed upon by the importunity of Arthur Beatty to make another will. Deft John Smith saith that Plt. Arthur Beatty well knew about said will and bond having been perfected by Charles, in as much as Deft John Smith and Plt. Arthur Beatty had disputes about same, and that it was the talk of the country how Arthur was so expeditious
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