Page 60
to prove the last will in as much he had probate granted to him the day after Charles Beatty died. That Arthur Beatty declared he would keep Defts at law and would make over what he had to his children and that Defts would never get a farthing of the effects of Charles Beatty. Deft Richard Bartlett saith that Wm Smith being about to return to his command at Gibraltar made his will dated 12 March 1728 [-9] and appointed Defts his exors. That Wm Smith returned to Gibraltar and died there on 10 Dec. 1730 before Charles Beatty died and Defts proved said will in the Prerog. Court. Deft John Smith saith that Plt. Mary Beatty declared to him that she never directed said bill to be filed in her name and that Plt. Arthur Beatty made her a Plt in order to give colour to his proceedings and that Mary was quite willing to agree to said first will and she also complained of the ill usage of Plt. Arthur Beatty and his family to her. Defts confess that in Hillary vacation they caused Arthur Beatty & Wm Tweedy to be sued with a common law subpena (sic) out of the pleas side of this Court at the suit of Defts as exors of Wm Smith to get what they are justly intitled (sic) to. That Arthur Beatty & Wm Tweedy filed their plea saying in as much as Charles Beatty had performed the conditions of said bond and they had fully administered the goods of Charles Beatty. Entered 26 January 1732 [-3]. [Signed] John Smith, Walter Bramston (sic) Richard Bartlett. [Transcriber Note: There are other notes written on the page between the end of this passage and the next passage, but wording is too faded to read.]
Prerogative Will
Francis Beaty (sic), Bombardier belonging to His Majesty’s Royal Regiment of Artillery.
Such sums of money, pay, wages, goods, chattels (sic) and estate whatsoever due to me to my loving friend William Smith, Bombardier in the Royal Regiment of Artillery and I appoint him sole exor (sic). In witness where of 30 April 1727 Fr: Beatty.
Witness: Isaac DeLanauze
Geo. Marshall
Josa Garrett (sic).
In a cause Smith v Beatty the above will was exhibited. "I find that a Comon (sic) [Transcriber Note: - abbreviation for Commission] issued to examine with Pubn passed but the Party did not proceed to obtain a decree tho’ the will was fully proved. H. U.”[No grant of probate on the original Will. P.C.]
* This statement is borne out from the fact that Charles Beatty’s will is dated 7 January 1731 / 2, & was proved 14 Jan. following. See page [Transcriber Note: No page number is referenced.]
