WILL OF JAMES E. BERRY

Surnames contained in this document:  Berry, Lewis, Raes, Powell, Stewart, Orgain, Turner, Cooper, Halsey, Manly, Bass, Grandy

JAMES E. BERRY

GEORGIA, HANCOCK COUNTY

            At the regular April Term of Hancock Court of Ordinary, begun and held within and for said County on Monday April 4th 1881.

                                                            Present  R. H. Lewis,    Ordinary

               A paper purporting to be the Last Will and Testament of James E. Berry late of this County decd. having been produced  in open Court by A. Raes the nominated Executor therein and offered for probate and the due and legal Executor of the same and the naming of the said Testator at time it was executed having been proven by the testimony of  Lafayette Powell, Wm Stewart and H. J. Orgain the three subscribing witnesses to said will.  It is therefore ordered, considered and adjudged by the court that said written instrument so offered for probate as aforesaid is fully proven to be the only true Last Will and Testament of said James E. Berry decd. in common form and that as such it be admitted to the court in that tenant.  It is further ordered and adjudged by the Court that letters Testamentary do issue to A. L. Bass the nominated Executor in said will upon his first being duly sworn according to law, and that------- be and is hereby granted to the nominated Executrix in said will Mrs. Ann E. Berry to qualify and receive letters Testamentary in the premises hereafter should she desire so to do. 

   WILL

 STATE OF GEORGIA,

HANCOCK COUNTY

             In the name of God amen!

I James E. Berry of said County and state being of a sound and disposing mind and memory, but in feeble health in order to make such a disposition of my estate after my death as I deem right and proper, do make publish and declare this to be my only true Last Will and Testament, hereby revoking all former Wills by me made.  

            Item 1st.  I direct that my body shall be decently buried and that my just debts shall be paid.   

            Item 2nd.  I give, devise and bequeath to my wife Ann E. Berry for life and at her death to her children born and to her born to me and to the representatives of a deceased child share and share alike, such representation being--------, the following property.  All that lot of land  in said County purchased by me of Thomas M. Turner, containing one hundred and eighty one acres more or less, that certain lot of land in said County adjoining W, H. Bass and others containing eleven and three fourths acres more or less and another lot purchased by me of W. H. Bass containing fourteen acres more or less, all my household and kitchen furniture of every description and my piano, our new wagon purchased by me from Wm. L. Coleman, our mare named Hattie and a mule named Tiara?.  The rest of the farm for the present year cultivated by Alfred Cooper, Nathan Halsey, Sanford Manly and Joe Grandy.  One half the crops for the present year made under the contract between myself and my son Wm McDowell Berry , the other half of the residue of said crop to go into the residue of my estate, and to be disposed of as hereinafter-------.

The sum of one thousand dollars as a twelve month support immediately after my decease.  I direct my Executor to pay over to my wife, Ann E. Berry for her and her children born to me.  The stock which I have put on my wife Ann E. Berry’s place in this County are to remain on there till her crops are made the present year without charge for hire against her.  I also give bequeath and devise to the children of my wife Ann E. Berry born and to be born to me by her at her death the home and lot on which I reside in the Town of Sparta share and share alike, the representative of a deceased child inheriting the parents portion.  As above mentioned the property given to my wife Ann E. Berry is in lieu of Dower.  I also give to my said wife and her children born to me all the cattle and hogs on my town lots.   

            Item 3d.  I purchased from my son James E. Berry his one fifth interest in the land in this County which he inherited from his mother Georgia Ann Berry, and I now give, devise and bequeath said land, so purchased by me to my said son James E. Berry.  I have conveyed by deed to my son Wm Dowell Berry the land I purchased from him and which he inherited from his Mother Georgia Ann Berry.   

            Item 4th.  I give bequeath and devise to the children of my decd. wife Georgia Ann Berry, and the representative or representatives of a deceased child.  Such representative or representatives taking per stipe share and share alike one small tract of land in said County and state adjoining land of Wm L. Coleman and others and another small tract of land in said County adjoining land of John Stanton and others.  And all the rest and residue of my estate of every description it being expressly to be understood that the share under this item of my will given to my son Wm McDowell Berry, is on one condition, that he carries out the contract I made with him for the present year fairly and fully and in the same manner in every particular as he would have done had I been in life at the close of the year, and that he pays over to my Executor my part of all the crops made during the present year under said contract without any expense to my estate.  

            Item 5th.  I nominate, constitute and appoint my friend A. P. Bass of said County and state Executor and my wife Ann E. Berry Executrix of this my Last Will and Testament.

             In witness whereof  I have hereto set my hand and seal this second day of March 1881

                                                                                                James E. Berry

Signed, sealed, published and declared by the Testator to be his only True Last Will and Testament in our presence who in his presence and in the presence of each other have herewith subscribed our names as witnesses.

                                                                                    Wm Stewart

                                                                                    H. J. Orgain

                                                                                    Lafayette Powell