David Berry, Transcription of Will Dated 22 Nov 1833 Proved 24
Feb 1834 Washington County, Virginia Will Book ? Page ?

Submitted by Carol Vass  SVass@aol.com

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In the Name of God Amen I David Berry of Washington County the
State of Virginia being infirm and weak in body but of sound and
disposing memory thanks be to God for his mercies and calling to
mind the mortality of man do make and ordain this my last will
and testament.  I commit my soul to God who gave it and my body
to the earth to be buried in a decent and Christian manner firmly
believing that it shall recover the same again at the general
resurrection.  And as  touching  the worldly things with which it
hath pleased God to bless me I leave and bequeath them in the
following manner.  I leave and bequeath to my beloved wife Sally
the use of the mansion house and with its appurtenances and a
sufficient maintenance out of the profits of my land during her
natural life and also the use of three slaves namely Aggy, Hannah
and Sam during her natural life and after death I ordain that the
aforesaid Aggy, Hannah & Sam together with any increase that may
be shall be sold and equally divided (the price) amongst all my
children.  I also leave and bequeath to my wife all my household
and kitchen furniture and stuff and further I leave and bequeath
to her one horse  beast her choice, four cows and four calves her
choice, twelve sheep her choice, twelve hogs her choice and I
also direct that my new waggon with gear and all the farming
utensils be left to remain with my wife for her use and for the
use of the family.  I also direct that no meat be sold and no
grain of any description or in any state shall be sold but shall
remain for the use of the family and be fed the stock & all money
on hand & debts now to be collected is to be at the disposal of
my wife for the use of the family & to school the children.  I
leave and bequeath to my eldest daughter Sally and my youngest
daughter Nancy K each of them one hundred dollars in cash and
each of them one hundred and fifty dollars in property which
property they may take at the appraisement the fore mentioned
money and property I give them to set them even with their two
married sisters, viz Jane Clark and Susan Hanson as they have
received each of them that amount & I charge them with it.  I
leave and bequeath to my eldest son Robert one bay mare which is
called his mare for services rendered since he became of age. I
further order and direct that my negro man named Edmond shall be
sold at the courthouse on a court day as soon as practicable
after administration.  I also direct that the remainder of the
stock which had not been devised and which may be after Sally &
Nancy have taken their property at the appraisement I say I wish
it to be kept here about the first of June next and then sold in
the usual manner with the old waggon.  And with the money of the
sales whatever it may amount to I say whatever the remainder may
be after Sally and Nancy have received their devises as above
directed I leave and bequeath the same to my four sons namely
Robert, Benjamin, John and ? Smith to be equally divided among
them.  And last of all I further leave and bequeath to my four
sons, viz, Robert, Benjamin, John and ? Smith all the plantation
on which I now live and all the lands which I may possess
adjoining it with all their appurtances to each an equal part I
give to them and their heirs forever.  And I do hereby appoint my
wife Sally Berry and my son Robert Berry to be the executors of
this my last will and testament declaring this to be my last will
and testament hereby revoking all former wills made by me.
Witness my hand and seal this 9th day of November. 1833. NB The
above erasure and underlining done         David Berry  SS before
signed Teste: James Wilson   Daniel (his mark) Neel

At a Court held for Washington County 9th day of February 1836
The last will & testament of David Berry deceased was exhibited
in court and proved by the oath of James Wilson & Daniel Neel the
subscribing witnesses thereto and ordered to be recorded.  And on
the motion of Robert A Berry the executor hereto named who took
the oath of an executor prescribed by law entered unto and
acknowledges his bond in the sum of ten thousand dollars with
William Buchanan, Robert Clark(?),Roger(?) Keys, Arthur Reid, &
Robert Keys(?) his securities certificate as the law demands.  A
certificate is therefore granted for the probate of the said will
in due form. Teste:  Jacob Lynch