WILL: Joseph Berry; Gorton, Tompkins co., NY surname: Berry, Williams submitted by Sharon Jones (sharon.jones34 @ gte.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Tompkins Co NY Will Book G page 309 Written: 21 Jul 1852 Probated: 5 Jan 1854 he following is the will of Joseph BERRY. It is found in the Will Book G page 309-311 at the Courthouse in Ithaca,Tompknis County, NY. At a Surrogate Court held at the Office of the County Judge of Tompkins County in Ithaca, January 5th 1854, Present D. Boardman County Judge. An insrument purporting to be the last Will & Testament of Joseph Berry bearing date the 21st day of July in the year 1852 was produced in court & shown to each of the persons sworn as witnesses as herein after mentioned which instrument is in the words & figures following viz. I, Joseph Berry of the town of Groton in the County of Tompkins State of New York aged sixty six years & being of sound mind & memory do make publish & delcare this to be my last Will & Testament in manner following that is to say First - I give and bequeath to my wife Betsey Berry to be recieved by her in lieu of dower the sole & uninterrupted use & occupation of all that certain farm situate in said town lot sixty seven containing about eighty five acres of land & now owned & occupied by me, for & during her natural life. Also one hundred fifty dollars in money at my decease & her choice in the cows which I may own at my decease to the number of one. Second - I give and devise to John James Beardsley the sum of two hundred dollars to be paid the said Beardsley within one year after my decease. Third - I give and devise to Charles Williams the sum of two hundred dollars to be paid to said Williams within one year after my decease. Also to Orrin Williams the son of said Charles Williams the sum of twenty five dollars to be paid one year after my decease. Also to the daughter Elizabeth of said Charles Williams the cow now in possession of said Charles Williams or twenty five dollars in money to be paid one year after my decease. Fourth - I give and devise to Josph Brown the sum of fifty dollars to be paid one year after my decease Fifth - I do hereby appoint Benjamin Berry sole Executor of this my last Will & Testament In witness whereof I have hereunto set my hand & seal this twenty first day of July eighteen hundred & Fifty two Joseph Berry L.S. The above instrument consisting of one sheet was at the date thereof signed sealed published & declared by the said Joseph Berry as & for his last Will & Testament in presence of us who at his request & in his presence & in presence of each other have subscribed our names as witnesses thereto. E S Marsh Groton Tompkins County N. Y. Francis Woods Groton Tompkins County N. Y. Ebenezer S Marsh of the town of Groton in the County of Tompkins being first duly affirmed, deposeth & saith, that he was acquainted with the above mentioned Joseph Berry deceased in his lifetime that he saw the said Joseph Berry deceased subscribe at the end thereof the instrument now shown to this deponent purporting to be the last Will and Testament of the said Joseph Berry & above described that he heard the said Joseph Berry declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence & at the request of the said Joseph Berry that the said Joseph Berry was at the time in the opinion & belief of this deponent of sound mind & memory & not under any restraint & that he was about 67 years of age that he died on or about the 9th day of November in the year 1853 & was a resident of the town of Groton in the county of Tompkins at the time of his death. E S Marsh Francis Woods of the town of Groton in the County of Tompkins being first duly sworn, deposeth & saith that he was acquainted with the above mentioned Joseph Berry deceased in his lifetime that he thinks he saw the said Joseph Berry deceased subscribe at the end thereof the instrument now shown to this deponent purporting to be the last Will and Testament of the said Joseph Berry & above described that he heard the said Joseph Berry declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence & at the request of the said Joseph Berry that the said Joseph Berry was at the time in the opinion & belief of this deponent of sound mind & memory & not under any restraint & that he was about 67 years of age that he died on or about the 9th day of November in the year 1853 & was a resident of the town of Groton in the county of Tompkins at the time of his death. Francis Woods Benjamin Berry being duly sworn says he found this Will in the testators trunk after his decease & kept the same in his possession until it was handed to the County Judge - that said Will is in the same condition as when found by this deponent Benjamin Berry I certify that the foregoing is a true Record of the original Will of Joseph Berry late of Groton deceased & of the original proofs & other proceedings relating thereto Dated Ithaca January 5th 1854 D Boardman County Judge