Orange County NcArchives Wills.....Berry, Thomas April 10, 1761
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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.