Person:David Beatty (3)

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David BEATTIE Captain, GGGG GrandfatherBirth1744, Carr’s Creek, Rockbridge, Virginia364Death25 Apr 1814, Glade Spring, Washington, VirginiaBurialEbbing Springs Cemetery365, pg 174OccupationSurveyorFatherJohn 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] Military Captain in the Battle of King's Mountain. Fifteenth Virginia - Beattie, David (Va). Captain Virginia Militia at Kings Mountain in October, 1780.372

David also served in the Washington (then Fincastle) County militia. He was listed as a soldier in Captain James Thompson’s Company and served for 12 days and received 18 shillings. He was listed as a soldier in Lieutenant William Edmondson’s Company, serving for 6 days and receiving 9 shillings.373, pgs. 15 and 36 Will Will made July 30, 1805; proved May 17, 1814. David Beattye, wife Mary, sons, James, W. M., David (under 21), Armstrong (under 21), John, daughter Polly (under 21), Brother-William is executor. Written on oath of John Steward and Matthew Ryburn. William refused to be Executor. Widow refused to be Executrix. John Clark, legatee. Bond, $7,000.00 with Nathan Ryburn and John Stewart, securities.374, pgs. 317-18

Mary Beatie; daughter--Mary Clark; sons-William, James, Armstrong; niece-Mary Beatie, daughter of James Beatie; niece-Mary Beatie, daughter of David Beatie; son, James Beatie, to be Executor. [Mystery--Who is niece-Mary Beatie, dau of James Beatie???]374

Washington Co., VA. Will Book 4, p. 56 (LDS # 34,357) Obtained by Joann Tortarolo, 1/98. Originally transcribed by Joann with some additions by D. Powell after review of will on LDS microfilm [Paragraphs added by DP for ease of reading only]

I, David Beatty of Washington County in the State of Virginia do make and publish this my last Will and Testament in the manner following viz. I give and bequeath to my well beloved wife Mary Beattie my Negro man Joe and my Negro woman Rachel and girl Milley. I give and bequeath to my son James my Negro girl Mary. I give and bequeath to my son William my Negro girl Sarah. I give and bequeath to my daughter Polly my Negro girl Fanny. I give and bequeath to my son David my Negro girl Jenny I give and bequeath to my son Armstrong my Negro boy Joe.

My dwelling house with all its furniture of whatever kind, my plantation with its appurtenances and farming utensils of every kind, my stock of horses, cattle, sheep and hogs, I commit to the care and management of my wife Mary for the support of herself during her natural life and the schooling and maintenance of my children David, Polly and Armstrong until they arrive at the age of twenty-one years. I will that my daughter Polly when she arrives at the age of twenty-one years be furnished out of the horses that may be on the plantation a horse or mare of the value of 100 dollars under seven years old, and out of the profits of said plantation a saddle of the value of twenty dollars. My still and still vessels I allow to remain on the plantation for the use of the family until my son Armstrong attains to the age of twenty-one years then in equal share between him and his brother David.

My plantation with all its appurtenances I give and bequeath to my sons David and Armstrong to be by them divided in equal shares as they may agree between themselves to them and their heirs forever, and enjoins them by this my last Will and Testament that if they cannot agree in a division of the plantation that they commit the division of the same to two or more just and impartial men and cast lot for choice.

I give and bequeath to my son John Ten dollars to be paid twelve months after my decease, and my wearing apperal and enjoin it as my devise that he continue with his mother and the family and with them unite his endeavor for his own and their comfort and maintenance and on his doing so, when his brother Armstrong attains to the age of twenty-one years, I will that a distribution of my stock of horses, cattle, sheep and hogs be made. To my son William a mare equal in value to my sorrel mare or said mare after my decease should it please God to remove me by my present indisposition. To my son John horses or other stock as may be convenient to pay with one hundred dollars on his performing what I have requested of and enjoined him, but on his failing therein he deprives himself of any share whatever.

To my daughter Polly fifty dollars in cattle, sheep or young horses the remainder of my stock of every kind of creatures to be divided in three equal shares between my wife Mary and my two sons David and Armstrong. I will that the following farming utensils and implements of husbandry then belonging to the plantation be equally divided between David and Armstrong and that my household and kitchen furniture of whatever kind be to the only and sole use and behoof of my well beloved wife Mary.

I will that out of the monies due me by bond note or book account my lawful debts and funeral charges be paid and the balance of any there be, to be for the use of my wife and family. And lastly I do hereby constitute and appoint my brother William Beattie Executor of this last Will and Testament. Ratifying, publishing, declaring this my last will and testament. In witness thereof, I have hereunto set my hand and affix my seal in the 3rd day of July 1805. [I believe the date is the 30th as it is clearly a “th” not a “rd” after the 3. Though the number after the 3 is not clear it does resemble the “0” in 1805]

David Beatty In presence of John Stewart Matthew Ryburn Joseph Clemond375

At a Court held for Washington County the 17th day of May 1814

    The last Will and Testament of David Beatty [Decd] was exhibited in court and proven by the oath of John Stewart and Mathew Ryburn two of the subscribing witnesses thereto and ordered to be recorded. And It appearing to the Court by the oath of Armstrong Beatty that William Beatty the Executor named in the said will refuses the Executorship and the widow of the Testator appearing in court and refusing to take upon herself the administration It is therefore ordered that the same be granted to John Clark one of the legatees in the said Will and thereupon the said John Clark took the oath of an administrator ___ the will annexed prescribed by Law and entered into __ acknowledged a bond in the sum of seven thousand dollars with Mathew Ryburn and John Stewart security conditioned as the law directs A certificate is therefore granted him for the administration of the said Estate with the Will annexed

                                  Teste
                                       D. Campbell

Family Stories “James’ parents were David Beattie and Mary Beattie (cousins). He was born circa 1744 in Carr’s Creek, Rockbridge County, Virginia and died in 1820 in Washington County, Virginia. David was a surveyor and he was a captain in the Virginia Militia. He was a participant in the Battle of King’s Mountain in South Caroling. The battle was a pivotal and significant voctory by American patriots during the Southern campaign of the Revolutionary War.”314

“The Battle of King’s Mountin, fought on October 7, 1790, destroyed the left wing of Cornwallis’s army and effectively ended Loyalist ascendance in the Carolinas. The victory halted the British advance into North Carolina, forced Lord Cornwallis to retreat from Charlotte into South Carolina and gave General Nathanial Greene the opportunity to reorganize the American Army. David’s two brothers, John and William, also fought at the battle and John, an ensign in the militia, was killed there. In going to the battle, the men rode 36 hours alighting only once at Cowpens. They rode in rain and had difficulty in keeping their powder dry. What food they had was mostly parched corn. The battle, lasting only one hour, destroyed the much larger British force. The returning soldiers had no time to wait for words of praise and promises of reward, however. They had to hurry back, by the nearest path, to their wives, children, and the old men and boys who were left to protect the settlements from Indians. They were just in time to beat off a thousand Indians who were on the march, having learned that the fighting men had gone to King’s Mountain.”314

Between 1747 and 1799 George Washington surveyed over two hundred tracts of land and held title to more than sixty-five thousand acres in thirty-seven different locations. It’s possible that he may have interacted with Great-great-great-great-grandfather David Beattie. Spouses 1Mary BEATTIE, GGGG GrandmotherBirthca 1751Death18 Jan 1820, ?, Washington, VirginiaFatherFrancis BEATTIE (ca1715-<1791)MotherMartha TATE 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. Marriageca 1770 ChildrenJohn (ca1774-) William (ca1778-<1822) James (<1784->1821) David (<1789-1847) Armstrong (1792-1820) Mary (Polly) (1794-<1850)