MAJOR BENJA BERRYMAN, Will - 1729, Westmoreland Co, VA ****************************************************************** ****************************************************************** File contributed for use in the USGenWeb Archives by Mary Love Berryman - marylove@tyler.net Marvin Berryman - berryman2@prodigy.net 8 November 2000 - Copied from the original will USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non- commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. Unauthorized use for commercial ventures expressly prohibited. All information submitted to this project remains - to the extent the law allows - the property of the submitter who, by submitting it, agrees that it may be freely copied but NEVER sold or used in a commercial venture without the knowledge & permission of its rightful owner. 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I Benja: Berryman of ye County of Westmoreland being in perfect health and memory praised be God for the same doe make and ordaine this my Last Will and testement in maner and forme following. ffirst I Give my Soul to Almighty God hopeing through the merrits of his Son Jesus Christ he will accept the same and my Body to the earth to be decently buryed in the Burying place of my father as my Executrix shall see fit. And as for my worldly Goods I Give and dispose thereof as ffolloweth. (1) I Give to my Son James my house and Land whereon I now Live Including the Land I bought of Hugh ffrench and the Land I Leased of James Neale and the Land I bought of Capt: Anthony Thornton alsoe my watter Grist Mill to him the said James Berryman and the heirs male of his body and for want of such heirs to my Son William Berryman and the heirs male of his Body and for want of such to my Son Maximillian Berryman and the heirs male of his Body and for default of such heirs to my Son John and the heirs male of his Body and for default of such to my Son Newton and the heirs male of his Body and for default of such heirs then to my Son Henry and the heirs male of his Body and for default of such then to my Son Benja: Berryman and the heirs male of his Body and for default of such heirs then to my Grandson Gilson Berryman and the heirs male of his Body and for default of such heirs then to my Right heirs att Law. (2) I Give to my Son Henry Berryman two hundred Ackers of Land parte of ye Land I have in the forrist next and ajoineing to ye Land of John Popham to him and the heirs male of his Body and for default of such heirs to my Son William and the heirs male of his Body and for default of such heirs to my Son James and the [heirs] male of his body and for default of such heirs to my Son Maximillian and the heirs male of his Body and for default of such heirs to my Son Newton and the heirs male of his Body and for default of such heirs to my Son John and the heirs male of his Body and for default of such heirs to my Grandson Gilson Berryman and the heirs male of his Body and for default of such heirs to my Son Benjamin and his heirs for Ever. (3) I give to my Son William the rest of my forist Land which I supose to be four hundred and three Ackers whith what I Bought of Overhall Whitehouse and Rusell to him and the heirs male of his Body and for default of such to my Son Henry and the heirs male of his Body and for default of such to my Son James and the heirs male of his Body and for default of such to my Son Maximillian and the heirs male of his Body and for default of such to my Son Newton and the heirs male of his Body and for default of such to my Son John and the heirs male of his Body and for default of such to my Grandson Gilson and the heirs male of his Body and for default of such to my son Benjamin and his heirs for Ever. (4) My land in King George County that I Escheated from Samuell Dudley Jacob Danill and John farmer being four hundred Ackers two hundred of ye said four I have Given by Deed to my Son Benjamin Acknowledged in King George Courte as by the Deed thereof & the remaining two hundred Ackers I Give to my Son John and the heirs male of his Body and for want of such heirs I Give the said two hundred Ackers of Land to my Son Benja: Berryman and his heirs for Ever. (5) I Give to my Son Newton Berryman and to my Son Maximillian Berryman Six hundred and Sixty three Ackers of Land att a place calld the Marsh in King George County to be Equally Devided between them and if either of my said Sons should dye before he hath Lawfull Issue male that then the Land shall goe to the Survivor of them and if boath should dye before the Land is devided and should Leave Issue male that then the said Land shall be devided between ther Eldest Sons and if they should dye withoute Issue male that is boath Newton and Maximillian then the Land to goe to be Equally devided between my two Sons Benja: Berryman and John Berryman and the heirs male of bodys for Ever. (6) My Son Benja: Berryman hath his parte of Negros and is possessed of them. And I doe by this my Will confirme them to him he hath alsoe had his Share of Cattell hoggs houseall Goods & Alsoe my Daughter Rose hath had her parte and my Daughter Anne her parte and my Daughter Elizabeth her parte soe that I Give them noe more and need not say any further of them. (7) And now the Negros that I am possessd of is aboute thirty which said Negros and theare increase I Give to my Six Sons and three Daughters that is to say William James Newton Maximillian John and Henry only two a Negros a peece. I Give to my three Daughters that is to say Sarah ffrankey and Cate which said Negros are to be sett oute to them and delivered by my Wife there Mother as she shall think fitt that is if she pleseis to give one more then another she has full power by this my Will soe to doe say to take either one or all the Negros from ane a one of my three Daughters Sarah Frankey or Catey that I have Given them in this my Will and Give it to which of my Sons or Daughters she shall plese and there uppon if she should soe think fitt. I to that intent revoke the Gifts to the said three Girles and wholy put it into her power soe as she dispose of them to my Childeren and this Grate trust I put in her because I think she will doe Justice according as they will deserve and that they are all her Childeren as well as mine and my Will is that my houseall Goods and Stock of what Nature soe Ever it be I give to my Children that is to say William James Newton Maximillian John Henry Sarah ffrances and Cate to be devided by there Mother amongs them as she shall see fitt and to Give them there portions Equall or un Equall as she shall plese. (8) My will is that my picture Grate Glass and Scretere and Clock be not removed out of the Hall. Except Gilson’s ffather and Mothers which I Give to him when he shall be of the Age of twenty one Years alsoe Ben’s picture I give to him and my one and his Mothers after his Mother’s death or before if she pleseis to Let him have them the rest I Give to my Son James Except Billy’s picture which I Give to Billy the rest to stand in the Hall as Long as it remains tennantable. (9) My Will is that not withstanding what I have Given my Childeren above my Wife if she pleses keep all and singuler my Estate of Lands houses Mill and Negros houseall goods Stocks of whatt sorte soever in her possession duering the time she shall remaine my Widow and keep her selfe unmarried and that she take the proffits to her owne use for her Supporte and maintaineance of the Childeren and to keep the Mill and houseing in repare and that at her Death if she keep her selfe unmaried soe long to make distrebution of all the Negros with there Increase to my said Six Sons or the Survivors of them that is to say Will James Newton John Maximillian and Henry or if she pleses she may make Distrebution as she will see they want itt before her death. And that the Distrebution be made to my Childeren according as I have by this my Will given her power. And that if she should think fitt to marry againe itt is then my Will that my Son Benja: Berryman take all my Estate and alsoe my Childeren into his Care and manidgement for the use of my Childeren. But if my Wife keeps her selfe singell tell her Death then it is my Will that she Dispose of the Childeren and there Estates into such hands as she by her Will shall fitt and duering the time she shall be unmarryed that she be my sole Exequetrix and to have the sole Adminestration her selfe but if she marryes then her Exequetorship to Cease and then my Son Ben to be my Exequetor of this my Last Will and Testement in full and ampell maner as may be. In Wittness where of I put to my hand and Seale this 13th Day of May 1729. Testes: Richard Amis William Bedell Benja: Berryman {Seal} Test: Tho: Sharpe Tho: Stonehouse Moses Caddy Memorandon that on my Second thought I think Convenent to mak my Sons Will: Berriman and James Berriman to be my Exseccutores with my Son Benjaman Berriman. But not to Administer nor Conserne themselves with it tell my loving Wife shall Marry. Then not with standing then they tak the Estate they are not to debare hir of hir thirds. And for as much as I have Instated my Lands on my Sons and theare male heirs for want of such heirs the Lands I have given to sum other Yousis it being of what nature soever I revok in Case of faillur of the male heires of my Sons. Then I give to my four Dafters Rose Sarah frances and Catherron and the heirs male of theare Bodys and for want of such I give to my Sons Dafters and theare heirs for Ever. As Wittness my hand and Seal this forth Day of August in ye Yeare 1729 Test: Thos Sharpe Benja: Berryman {Seal} Tho: Stonehouse Moses Caddy At a Court held for the sd County (Westmoreland) the 27th Day of August 1729. This Last Will and Testament of Benjamin Berryman Gent. decd: together with the Codicil under written was presented into Court by his Relict and Exeritrix who made Oath thereto and being proved by the Oaths of all the Witnesses thereto (except Moses Caddy) is admitted to Record. Recorded the 28th Day of August 1729 Test: G Turbervile CCW by G T CCW