Orange County NcArchives Wills.....Berry, Thomas April 10, 1761 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Will Book Volume A, pages 19-22 Written: April 10, 1761 Recorded: May 1761 Testator: Thomas Berry [Will Book Volume A, page 19] In the name of God Amen the 10th Day of April in the Year or our Lord 1761 I Thomas Berry Cordwainer being sick of Body but of Perfect mind & Memory thanks be to Almighty God & Calling to Remembrance the Uncertain Estate of this Transitory Life, & that all flesh must Yeald to Death when it shall please God to Call do make Constitute ordain & Declare, this my last Will & testament in manner & form following, Revoking & Anulling by these Presents all & every Testament & Testaments, Will & Wills heretofore by me made & Declared either my word or Writing & this is to be taken only for my last Will & Testament & no Other, and first being Penitent & sor[r]y from my heart for my Sins past, most humbly Disiring forgiveness for the Same, I Give & Commit my Soul to Almighty my Saviour & Redeemer on whom & by the Merits of Jesus Christ I trust & Believe Assuredly, to be Saved & to have full Remission &c Forgiveness for my Sins & that my Soul with my Body at the General Day of the Resurrection shall rise again with Joy & through the Merits of Christs Death & Passion, possess & inherit the Kingdom of Heaven Prepared for his Elect & Chosen & my Body to be Buried in my own Orchard in a Christian Decent manner, According to the Discretion of my Executor hereafter named and Appointed & not for the Settling of my Temporal Estates & such Goods Chattles[sic] & Debts as it hath Pleased God, far above my ~~~~ Deserts [Will Book Volume A, page 20] Deserts to bestow upon me I do order give & Dispose of the same, in manner & form following (that is to say) First I will that all these Debts & Dues[?] that I Own in Wright & Convenience to any m???? of Person or Persons Whatsoever, shall be well & truly Contented & paid or Ordained to be paid within a Convenient time, after my Decease a???? by my Executors Item, I Give & Bequeath unto my Dearly Beloved Wife Elizabeth Berry all my household furniture Except ~~~ one Bolster for a Bed & Pattern for a Bed quit I Likewise leave hir one Brindel Cow & a Bull Calf Belonging to the said Cow & one Black mare that is now Gone Stra: if she is found, & if she is not found ~~ I leave, her in lieu thereof a horse Called Butter & her side Saddle, & Likewise her Choice of one Young Sow out of my Stock of Hogs that is now with pig & a Black Ewe ~ & her Lamb & the Benefit of Six Acres of the Choice land of up land During the time of her Widowhood, she to maintain ~~~ as much of the fencing as shall Join the Sides & ends of hir Claim, in a good and & Sufficient Fence, & likewise I leave to her all & Singular of what is my Property in Pensylvania She only to pay & Satisfy only two Debts that is Due there[them?] One to Mathew McKinney & one to Samul Fassimmons[Fitzsimmons?] heirs. Item I give & Bequeath unto my son in Law James Morrow One Broad Cloth Coat one Camelet[?] Coat & one B?????? Jackett one pair of Plumb Breeches Item I give & Bequeath, unto my Dear son James Berry the sum of Fifteen Pounds Proclamation money the Same to be paid out of my Estate when sold & the Money Collect by the Executors Item I give & Bequeath unto my Dear & Beloved Daughter Elizabeth Berry ten Pound Proclamation money to be paid of the Remainder of my Estate, in manner aforesaid Item I give & ~~~ Bequeath unto my Dear & Beloved Daughter Margaret ~~ Morrow ten pounds Proclamation money to be paid ~~ out of the Remainder of my Estate in the same manner as [Will Book Volume A, page 21] As aforesaid Item I leave & bequeath unto my Dear & Beloved Daughter Nancy Berry five pounds like money out of this Remainder of my Estate when Collected as above said & the said five pounds to be let to use as soon as Collected into save hands by my Executors & the same to be paid to her with the Lawful use when of age or the Marr[i]age Day. Item I leave & Bequeath unto my Grandson William Berry son of William Berry Deceased five pounds like Money out of the Remainder of my Estate the same to be put to use & to be paid to him when he comes to age With Lawfull Interest Item I leave & Bequeath unto my Grand Daughter James Berry the daughter of the above said William three pound like money out of the Remainder of my Estate, to be put to use as abovesaid, & to be paid to her when of age or Marriage Day with Lawfull Interest & as for my land I live upon I order it to be Cleared out of the Office, by my Executor out of my Estate when the money can be made, up & a Proper office is open, for the purchase of the same & the Land to be Equally Divided between my two Sons Thomas & Benjamin Berry my son Thomas to enjoy my manor Plantation & in Case the other legatees fall short my Son Thomas to pay five pound to be Equally Divided among the other Legatees, & I do order for well Beloved Wife, three Bushels of wheat out of the Crop that is on the Ground & if one or any more of the Legatees ~~~ shoud die before they come to age or have a Lawful heir Begotten of his or her Body that the said Legacy or Legacys shall be Equally Devided amongst the other Legatees & I do Appoint my son in Law James Morrow & John Jones[?] for my Executors for to Collect all Lawfull Debts & to pay all Lawful demands, to make Sale of all & Singular of my Estate, not Bequeathed here above mentioned & to give Reasonable Credits & take Sufficient Security ~~~ According to their Direction & pay off & Settle with the Several Legatees at the proper Seasons when the money Becomes due & if the said Estate shou'd prove Defunct that [Will Book Volume A, page 22] That there shall be an Equal Reduction to each part & if it shou'd amount above the said Sums that there shall be an Equal Addition to each party Signed sealed & Delivered in Presence of us } Thomas Berry (seal) William McMath } Paul Harmon } At an Inferior Court of Pleas Quarter Sessions begun & held for the County of Orange at the Court house in Childsburg on the Second Tuesday in May in the Year of our Lord One Thousand Seven hundred & Sixty one Present her Majesties Justice &c the Execution of the aforesd. will was duly proved by the Oath of Paul Harmon & Ordered to be Recorded Test James Watson C. C. Additional Comments: Will Book Volume A, pages 19-22 Recorded May 1761 No loose will found. No estate papers found.