Mary Beattie

d. 8 January 1820
FatherFrancis Beattie1,2 d. 1791
Marriage Mary Beattie married David Beattie, son of John Beattie and Elinor Gilmore.3,2 
  They were first cousins.3 
Land-Buy10 Nov 1786 In Nov. 1876 David bought 473 acres of land in Washington County, Virginia from [his father] John Beatie. The land was part of the larger tract John Beatie purchased from James Woods. The land sat adjacent to the patent line and land belonging to Mathew Ryburn [which had also originally been part of John Beatie's tract].4 
Legatee17 Sep 1789  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.5 
WidowedApr 1814  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.6 
  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.7 
Will  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."8,9 
Will17 Oct 1818 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.10,11 
  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.12 
Death8 Jan 1820 Mary died on 8 Jan 1820.13 
Probate Recd15 Feb 1820  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.14 
Probate Recd18 Jun 1823  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.15 

Research Comment:

Following Mary's death a disagreement arose between her son James and his siblings. James eventually brought suit against them (Beaty et al vs Clark et al). 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 David 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 in the above mentioned lawsuit which clarifies that Mary Beattie, when she wrote her will, was actually referring to 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 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.

Related Links and Images:

Mary's will
For details of Beaty et al vs Clark et al (1821) see the Chancery page

Family

David Beattie b. abt 1744, d. 25 Apr 1814
Children
Last Edited15 Oct 2013

Citations

  1. [S957] Francis Beatie will (recorded 1791), Washington Co., Virginia Will Bk 1: 163. Names daughter Rosannah Stewart and her husband John Stewart; also daughter Sarah, son Francis, son David, daughter Mary Beatie, daughters Jane Bustard [?] and Margaret Hansford.
  2. [S1039] Deposition of Robert Stewart in case of Beaty et al vs Clark et al; Wythe Co., Virginia Superior Ct. of Chancery no. 1821-04-SC. Robert stated that his mother was Mary Beaty's [wife of David Beattie] sister. [Robert Stewart is proven as the son of John Stewart by the will of his father (Washington Co., VA Will Bk 5:259). Rosanna, wife of John Stewart, is proven as the daughter of Francis Beattie by the will of Francis, cited above. Therefore Mary Beattie, wife of David Beattie, is established as Mary Beattie, daughter of Francis Beattie]
  3. [S10] "Journal of Mary Jane Beaty (Davis) Moffett", p. 1.
  4. [S1046] Washington Co., Virginia Deed Book 1: 45. John Beatie to David Beatie 20 Nov. 1786 for 5 shillings, 473ac, part of James Wood's 2,193 acre patent dated 10 Sept. 1755.
  5. [S957] Francis Beatie will (recorded 1791), Washington Co., Virginia Will Bk 1: 163.
  6. [S131] David Beaty will (recorded 1814), Washington Co., Virginia, Will Book 4: 56-57. David's will, dated 30 Jul 1805, lists beloved wife Mary, sons James, William, David, Armstrong and John, and daughter Polly. It was recorded 17 May 1814 on oath John Stewart and Mathew Ryburn.
  7. [S1039] Bill of Complaint and Answer in case of Beaty et al vs Clark et al; Wythe Co., Virginia Superior Ct. of Chancery no. 1821-04-SC.
  8. [S1039] Deposition of John Stewart in case of Beaty et al vs Clark et al; Wythe Co., Virginia Superior Ct. of Chancery no. 1821-04-SC. John was a witness for James Beaty. His deposition was taken on 21 Sept. 1821 at the home of Major Thomas Edmiston in Washington Co., Virginia.
  9. [S1039] Deposition of Rosanna Stewart in case of Beaty et al vs Clark et al; Wythe Co., Virginia Superior Ct. of Chancery no. 1821-04-SC. Rosanna was a witness for the defendants. Her deposition was taken on 10 March 1821 at the home of John Stewart in Washington Co., Virginia.
  10. [S1039] Deposition of Margaret Edmiston in case of Beaty et al vs Clark et al; Wythe Co., Virginia Superior Ct. of Chancery no. 1821-04-SC. Margaret was a witness for the defendants. Her deposition was taken on 10 March 1821 at the home of John Stewart in Washington Co., Virginia.
  11. [S1039] Deposition of Thomas Edmiston in case of Beaty et al vs Clark et al; Wythe Co., Virginia Superior Ct. of Chancery no. 1821-04-SC. Thomas was a witness for the defendants. His deposition was taken on 10 March 1821 at the home of John Stewart in Washington Co., Virginia.
  12. [S131] Mary Beatie will (17 Oct. 1818), Washington Co., Virginia, Will Book 4: 317-318. Lists daughter Mary Clark and sons William, James, David and Armstrong. Also niece Mary Beatie, daughter of James Beatie and niece Mary Beatie, daughter of David Beatie.
  13. [S1039] Bill of Complaint in case of Beaty et al vs Clark et al; Wythe Co., Virginia Superior Ct. of Chancery no. 1821-04-SC.
  14. [S131] Mary Beattie appraisal (1820), Washington Co., Virginia, Will Book 4: 325. Executor James Beattie; appraisers: James Porterfield, Beattie Ryburn and Robert Clark.
  15. [S618] Release of liability - estate of Mary Beatie (recorded 1823), Washington Co., Virginia, Will Book 5: 106. Two documents were filed on this date. The first was dated 27 Sept. 1820 and acknowleged that John Clark, David Beatie and William Beatie had received (with the exception of a Negro girl Liley) their share of Mary's estate from James Beatie, her executor. The second document, dated 18 June 1823, acknowledged that John Clark, David and William Beatie had received the balance of the distribution and released the estate of James Beatie, deceased, from further responsibility.