Mary BEATTIE

Person Sheet

NameMary BEATTIE, GGGG Grandmother

Birthca 1751

Death18 Jan 1820, ?, Washington, Virginia

Misc. Notes

They were first cousins.376, pg. 1

Mary's father wrote his will on September 17th, 1789. His plantation and the majority of his personal estate were left to his daughter Rosannah Stewart and her husband John. Francis left his daughter Mary Beatie a cow.377

Mary was widowed when David died in 1814. His will, written in 1805, specifically left her several Negroes: Joe, Rachel and Milley. The dwelling house and all its furnishings were left in the care of his "well beloved wife Mary" for the benefit of herself and the children.355

In the years that passed between the time that David wrote his will and the time he died several additional slaves were born on the plantation. But David did not alter his will to devise them. Therefore, in August 1814, Mary and her children met at her home to discuss the division of the additional 6 slaves. It was agreed that Mary would receive a share equal to that of each of her children. The value of each slave had already been determined as part of the probate process so 6 people received a slave while one person received cash. In addition, each person who received a slave also either paid or received cash to make their share equal to the others. Mary received a young female slave named Delilah.359

Mary Beatie wrote at least 2 wills. The first one was drawn for her by John Stewart [her brother-in-law]. Mary desired to devise Delilah and believed that it was her right to do so, but John Stewart expressed the opinion that Delilah was not Mary's property to devise. This upset Mary greatly and moved her to tears. She told Rosannah Stewart [her sister and the wife of John Stewart] that she had intended to give Delilah to Polly [Mary's daughter], the wife of John Clark as she had gotten "none of the land."352 378

Later Mary decided to have Thomas Edmiston draw up a new will for her which he did on Oct. 17, 1818. Mary spent the previous night at his home as well. She and Thomas's wife Margaret [who was Mary's first cousin once removed and also her niece by marriage] sat up talking after the rest of the family had retired. Mary stated that she intended to give Polly Beaty (the daughter of James Beaty) and Polly Beaty (the daughter of David Beaty) each a Negro, but she did not understand their names, but "Lilah" was one of them. However the next day when Thomas began to draw the will he told Mary that in his opinion she only had a life interest in Delilah and therefore could not devise her.379 380

The will, as finally written, did not mention Delilah. It did mention Mary's daughter Mary Clark, and her sons William, James and David. And it remembered her niece [sic] Mary Beatie, daughter of David, and her niece [sic] Mary Beatie, daughter of James Beatie. She mentioned her son Armstrong only once, leaving him $1.00 and she asked that her "negro man Joe and Rachel his wife be emancipated" on her death. Mary named her son James as her executor and signed the will in the presence of Thomas Edmiston and Robert B. Edmiston.381

Mary's appraisal listed Negroes named Joe, Rachel, Milley, Delila and Jean. It also listed a variety of household furnishings. In addition she held notes on neighborhood people such as David Beatie, Zachariah Shugart, John Clark, Armstrong Beattie and William Allison.382

On September 20th, 1820 John Clark, David Beatie and William Beatie signed a document ceritfying that they had each received of James Beatie, executor for Mary Beatie, their respective parts of Mary's estate with the exception of the price of a Negro girl named Liley. A second document, dated June 18th, 1823, acknowledged the receipt of the additional proceeds and released the estate of James Beatie (then deceased) from further liability.383

Research Comment: Following Mary's death a disagreement arose between her son James and his siblings. James eventually brought suit against them. The papers and depositions filed as a part of the suit cast light on several items that have puzzled Beattie researchers for years.

Though it had often been suggested that Mary Beattie was the daughter of Francis Beattie and therefore the first cousin of her husband David, the issue had always been clouded by Mary's will which mentioned a niece Mary, daughter of James Beattie (and a niece Mary, daughter of David Beattie). Since Mary's husband did not have a brother named James, researchers have assumed that Mary must have been the one with the brother James. But no record could be found establishing that Francis Beattie had a son James. This made linking Mary as his daughter problematic, despite the fact that his will did mention a daughter Mary Beattie. The explanation lies in the deposition of Margaret Edmiston which makes clear that Mary Beattie was actually talking about 2 granddaughters named Mary: one referenced as the daughter of James, the plaintiff, and the other described as Mary, the daughter of David, the defendant. Both James and David are clearly established in the law suit documents as Mary's sons.

But the proof that Mary was the daughter of Francis Beattie lies in the deposition of Robert Stewart who states in part: "Mary Beaty was the sister of the deponent's mother". So who was Robert Stewart? He was the son of John Stewart and Rosanna Beattie [per John Stewart's will]. And Rosanna (Beattie) Stewart was the daughter of Francis Beattie [per Francis Beattie's will]. Therefore Mary (Beattie) Beattie was the sister of Rosanna (Beattie) Stewart and the daughter of Francis Beattie.

Will

17 Oct 1818-will written, Washington Co, VA; proved Jan 18, 1820, Washington Co, VA

Washington Co. WB 4: 317-318
Will of Mary Beatie
Dated 17 Oct. 1818 and recorded 18 Jan 1820
Transcribed by D. Powell 6/2001 from a photocopy [paragraphs added for ease of reading]

317

I Mary Beatie of Washington County and State of Virginia do make this my last Will & testament in manner & form following.

I give & bequeath to my daughter Mary Clark my negro woman named Milly & all her children born after this date my beds & furniture my case of Drawers my bed curtains the one half of my cupboard furniture my saddle & a horse of the value of Sixty dollars my tea kettle wheel & washing pot.

I give & bequeath to my son William a feather bed & necessary furniture & one milch cow

I give & bequeath to my son James my cupboard

I give & bequeath to my neice Mary Beatie daughter of James Beatie my negro girl Jenny the one half of my cupboard furniture

I give & bequeath to my neice Mary Beatie daughter of David Beatie a feather bed & necessary furniture.

I order & direct the remaining part of my property not devised (except my negro man Joe & Rachel his wife) to be sold & the proceeds of the sale to be equally divided between my sons William, James & David and my Daughter Mary Clark

I give & bequeath to my son Armstrong one dollar.

I order & direct that at my death my negroe man Joe & Rachel his wife be emancipated or free from slavery and I give & bequeath to them jointly a milch cow their beds & furniture also a pot & skillet I further order & direct that my negroes Joe & Rachel remain under the care of my son David whom I request to manage their affairs for them.

I appoint my son James Executor of this my last Will and Testament hereby revoking all other or former Wills by me made ratifying and confirming this my last Will & Testament & no other. In Witness whereof I have hereunto set my hand & Seal October 17th 1818.
Signed in presence
Thos Edmiston, Robert B. Edmiston                         her
                                        Mary X Beatie
                                         mark

At a Court held for Washington County the 18th day of January 1820 in court and proved by the oath of Thomas Edmiston and Robert B. Edmiston the witnesses thereto and ordered to be recorded. And on the motion of James Beatie the Executor therein named who took the oath of an executor prescribed by law & entered into & acknowledged his bone in the sum of four thousand dollars with Thomas Edmiston his security conditioned as the law directs. A Certificate is therefore granted him for the probate of the said Will in due form.

Spouses

1David BEATTIE Captain, GGGG Grandfather

Birth1744, Carr’s Creek, Rockbridge, Virginia364

Death25 Apr 1814, Glade Spring, Washington, Virginia

BurialEbbing Springs Cemetery365, pg 174

OccupationSurveyor

FatherJohn BEATTIE (1711-1790)

MotherElinor (Ellen) GILMORE (GILMER) (ca1722-)

Misc. Notes

1772-moved with parents from Rockbridge Co to Washington Co (then Augusta Co)

“Beattie. David, John, Francis, and William are listed by Summers and Draper. The first was a captain, the second, an ensign, was killed. David (1752-1814) married Mary Beattie, a cousin, and settled in Washington county, Virginia, before the Revolution. He had four sons and one daughter. His brother, William died 1860 at the age of one hundred years. Three brothers came from Ireland and settled first in Frederick county, Virginia. Two of them, John and Henry, were in the Indian wars, the former moving to Rockbridge. He was the father of David. Henry was a captain in the Revolution but I do not find him listed as a King’s Mountain soldier.”366, pg. 147

Will probated 17 May 1814367, pgs. 251, 404, 405, 581
Captain at the Battle of King's Mountain 7 Oct 1780368, pg. 233
Lieutenant in Washington County, VA Militia369, pgs. 52, 94
Juror in Washington County, VA court 21 Mar1781370, pg. 1073
Public Service 18 Sept 1782--40 pounds venison furnished to troops371
Surveyor [DAR 706536]

Marriageca 1770

ChildrenJohn (ca1774-)

William (ca1778-<1822)

James (<1784->1821)

David (<1789-1847)

Armstrong (1792-1820)

Mary (Polly) (1794-<1850)

Last Modified 4 Nov 2008Created 31 Dec 2008 using Reunion for Macintosh