Belmont County OhArchives Wills.....Berry, Samuel Sr January 1, 1849 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jae Brown jberry@indy.rr.com and Jae Brown jberry@indy.rr.com August 24, 2007, 7:51 am Source: Transcribed From Sampubco Photocopy By Jae Brown, Belmont County Wayne Township Ohio Will Book Vol. H Page 117 Written: January 1, 1849 The Will of Samuel Berry To all Christian people to whom these presents may come knowlage that I Samuel Berry Senior of Wayne Township Belmont County and State of Ohio being of sound mind and memory do make and ordain this instrument of writing to be my last will and testament in manner and form following: First it is my desire that my funeral expenses and just debts be paid and my contracts be settled by my executors hereafter named. 2nd I bequeath to my beloved wife Mary Berry the use of the farm where we now live that is the north east quarter of section twenty nine township six and range five with a small addition on the east side ajoining said farm off of section twenty three (deeded to me by Isaac Martin and wife) during her natural life also all the household and kitchen furniture and all personal property except what is hereinafter excepted all the beds and bedding left in here to dispose of as she thinks proper. 3rd I bequeath to my son Samuel Berry my farm that lies in section thirty five township six range five out of the southeast quarter containing one hundred and eighteen acres more or less by his paying to Hannah Wright two hundred dollars. If she does not live to possess it, then to her five sons share and share alike. And to Jesse Berry two hundred dollars and to Agnes H Vandevert fifty dollars. Item 4th I bequeath to my son Thomas C Berry after the death of his mother the house and farm by his paying to heirs of William H Berry dec'd two hundred dollars; and to Agness H. Vandevert two hundred and fifty dollars also I bequeath to Thomas C Berry one house one bed and bedding. Item 5th I bequeath to Jesse Berry one saddle in lieu of his Mothers saddle also one bed and bedding. And lastly I hereby constitute and appoint my sons Samuel Berry and Thomas Berry to be the Executors of this my last will and testament authorizing and (unreadable) them to sell and convey personal property at public and private sale sufficient to (unreadable) all my just debts and I hereby revoke and annul all former will by me (unreadable)-tifying and confirming this and no other to be my last will and testament. In testimony and by whereof I have hereunto set my hand and seal the first day of January AD 1849. Samuel Berry (seal) Signed published and declared by the above named Samuel Berry to be his last will and testament in the presence of us who at this request have signed this as witnesses to the same. James Faris Amos G Martin The State of Ohio Belmont County Court of common pleas of said county. Mark Term AD 1849. The last will and testament of Samuel Berry dec'd is here brought unto Court, and James Faris and Amos G Martin, the two subscribing witnesses to said will being in court and duly sworn depose and say that they saw the testator sign said will that they attested and subscribed the same as witnesses in his presence, that the testator where he signed said will was of sound mind and memory of full age and not under any restraint which said testimony is reduced to writing and filed and it appearing to the court that said will was duly attested and executed the same was approved and ordered to be admitted to probate. And on motion the court order Letters of testamentary to issue to Samuel Berry and Thomas C Berry, the Executors in the will named and acquire bond in the sum of $3,000 and accept James Faris and Aaron Dewes (?) as security and appoint Jacob Mays , William Patton, and Samuel Finley appraisors of goods (etc?). Mary Berry widow and (?) of said deceased here comes and files her written election to take under the will of her deceased husband and relinquishes (her visit to be endowed?) at law. Evidence The State of Ohio, Belmont County At a term of the court of Common Pleas of said County (unreadable) and held in the Courthouse of said County on the 5th day of March AD 1849. James Faris and Amos G Martin the subscribing witnesses to a paper writing this day presented to said court for probate purporting to be the last will and testament of Samuel Berry late of said county deceased, came unto court, and each being solemly affirmed in Open Court. The said James Faris for himself upon his solemn affirmation saith that he saw the testator sign the said paper writing as and for his last will and testament, that he subscribed the same as a witness thereto in the presence of the testator and at his request, that the testator at the time of signing was of sound mind and memory, twenty one years of age and not under any restraint. (James Faris) And the said Amos G. Martin for himself upon solemn affirmation saith that he saw testator sign said will that he subscribed the same as a witness thereto in the presence of the testator & at his request, that the said testator at the time of signing said will was of sound mind and memory, twenty one years of age, and not under any restraint. Surnames: Berry, Vandevert, Wright, Martin, Faris, Dewes, Mays, Patton, Finley Taken, reduced to writing, and subscribed in Open Courth this 5th day of March AD 1849. Attest: Robert H Miller Clerk I Robert H Miller Clerk of said Court do herebyt certify the foregoing to be a complete record of the will of Samuel Berry dec'd, together with the entry of the probate thereof and the testimony of witnesses taken to prove the same. Robert H. Miller Clerk By John H. Heaton Asst to Clerk File at: http://files.usgwarchives.net/oh/belmont/wills/berry73wl.txt This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 6.1 Kb