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| Birth |
1691 |
St Pauls Parish, King George, Virginia, United States |
| Gender |
Male |
| Died |
Nov 1749 |
, Stafford, Virginia, USA |
| Person ID |
I2103 |
Essig Family |
| Last Modified |
24 Feb 2007 |
| Father |
William Berry, b. 22 May 1650, St Pauls Parish, King George, Virginia, United States , d. 2 Jun 1721, Hanover, , King George, Virginia, United States |
| Mother |
Margaret Doughty, b. 1675, , King George, Virginia, USA , d. 5 Feb 1720, Hanover, , King George, Virginia, United States |
| Married |
5 May 1686 |
Stafford, King George, Virginia, USA |
| Family ID |
F766 |
Group Sheet |
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| Notes |
- Will of Joseph Berry 1749 King George, VA
In the name of God Amen. I joseph Berry of the County of King George and
Parish of Hannover being in good health and sound and pefect sence and
memory as usually at other times past for which blessing I give thanks and
praise to Almighty God, but calling to mind the uncertainty of this life
and that it is appointed for all men once to die do make and ordain this
to be my last will and testament in manner and form following, that is to
say first and inprimis I commend my soul into the protection of my great
and mercifull creator and my body to the earth from whence it came to be
decently buried at the discretion of my execurtix hereafter named in sure
and certain hope of a joyfull resurection at the last day, and for such
wordly goods as it hath pleased God to bless me with I give as follows,
vizt.. Item: That, whereas by the Last Will and Testament of my father
William Berry, deceased, bearing date the 5th of Feb. 1720 he has therein
demised to my brother Enoch Berry the plantation and land whereon he then
lived in the following words, vizt..I give to my son Enoch Berry the
plantation I how live on with all the land joyning thereto now in my
possession being the third part of a certain pattent granted to Enoch
Doughty by computation five hundred acres to him and his heirs lawfully
begotten of his own body and for want of such heirs to fall to my son,
Joseph Berry and to his heirs lawfully begotten of his own body. Now that
I am heir at law to my mother she being the daughter of said Enoch
Doughty, I am apprehensive that the said clause or paragraff mentioned in
my said father's will does not comvey a legal title to my said brother
Enoch Berry in the said land, but notwithstanding as I know it was my
Mother's desire and my father's will that my said brother enoch berry
should have a part of the said land, I do therefore declare and am well
contented thatit should be according to their will and desire, but as my
brother Enoch Berry and I have formerly agreed that he the said Enoch
should have in lieu of the said land given to him by my father's will the
upper part of the said land being the plantation whereon I formerly lived
before the death of my father Wm. Berry, now I do hereby desire and it is
my will that my said brother Enock Berry do hold the said plantation
whereon I formerly lived as above said it being the same plantation
whereon my brother Enoch Berry now lives with all the land lying between
the North easternmost bounds of the said Pattent and the Creek called
Doughty's Creek which creek is the division between his land and mine, his
land being the upper part of the whole trac,t to him and the heirs of his
body lawfully begotten and for want of such heirs to return to the heirs
of my body lawfully begotten in the same manner as is mentioned and
intended in my fathers will aforesaid, but if it shall happen at any time
hereafter that my brother Enoch Berry or his heirs or any other person or
persons claiming under them shall claim any right or title to the land
whereon I now live it being the same land what is mentionid in my father's
will aforesaid or shall bring any troublesome or vexatious suit in law
against my heirs, executors or any other person or pesons claiming by me
or my heirs on account of the aforesaid gift intail mentioned in my
father's will as aforesaid, that then this paragraff in my will as it
above recited shall be utterly void and of none effect and that my heirs,
executors or administrators or any other person claiming by them shall
have power and authority to enter and possess the premises above mentoned
as if this demise had never been mentioned in my will. item: It is my
will and desire that my well beloved wife Catherine Simcock Berry do hold
and possess my land and plantation whereon I now live during her life only
allowing to my son Joseph Berry the liberty of the house which he has
lately built and the liberty of building such other houses as he has
occasion for with a reasonable portion of ground to work on provided that
he shall have no privilige to work any land but such as his Mother is
willing to let him have without being prejudicial to herself. Item: It is
my will and desire that after the death of my wife Catherine Simcock, my
land whereon I now live be equaly divided between my 2 sons Joseph and
Benjamin Berry allowing to each part an equal breadth upon the River
counting from the mouth of the Creek to the lower corner of the tract next
to Col. Carter's land, the line or lines for the division to extend back
from the River to parallell Carter's lines, my son Joseph to have the
first choice after the division the said land to them and their heirs
forever, but if it shall happen that either of my said sons Joseph and
Benjamin shall die without heirs or making any legal disposition of their
parts of the said land that then the inheritance shall descend to their
next brother, vizt. my son Withers he being my third son, and if they
should both dye without heirs or otherwise disposing of thier land in
their lifetime that then the inheritance thereof shall descent to the said
son Withers and his next brother Thomas, my fourth son, to be held by them
in the same manner as is abovem entioned to their older brothers.
Likewise if my 2 sons Withers and thomas should bothe or either of them
dye then the inheritance shall descend to their 2 youngest brothers,
Baldwin and Reuben, my 5th and 6th sons, in the same manner as is above
mentioned to their other brothers. The meaning of my intent and desire
that my 2 oldest sons then living or their heirs may from time to time
hold my said land between them, and if my said sons or any of them or
their heirs they being at the same time in right and property to sess or
convey the whole or any part thereof belonging to them as they shall think
fitt. Item: It is my will and desire that m wife Catherine Sim Cock do
hold all my other estate both real and personal during her life to use and
dispose thereof at her own discretion in paying my debts and funeral
expenses and likewise for her own support and the support and maintainance
of my children until the youngest come of age which I desire may be under
her tuition and if any part of my estate or the profitts thereof(
excepting the reversion of my land as above demised to my sons) be left at
her death that it may go to my children to be distributed amongst them
according to the discretion of my aforesaid wife Catherine Simcock Berry
whom I do hereby constitute and appoint to be whole and sole Executor of
this my last will and testament and I do hereby revoke and disannull all
former wills by me heretofore made and do ratifie this to be my true and
last will as witness my hand and seale.
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