WILL OF JOHN J. BERRY

Hancock County,

I John J. Berry of said county being at the time in feble health but of sound & disposing mind & memory do make and declare the following to be my last will and testament.

I direct my just debts to be paid as soon after my decease as may be conveniently done.

I give my beloved wife Martha the sum of two hundred dollars & all the household & kitchen furniture on the premises whereon I reside. I also give to her during her life, slaves Andrew & Sophronia & one fourth part of my real estate in the Village and one fourth part of the farm or tract of land adjoining Audas & Davis, and on her decease the said slaves and the land or the proceeds thereof I give to my son Lucius & daughter Alice equally - and I require that said slaves shall not be removed from this county by my wife - this bequest and devise I declare shall be in lieu of Dower on her part in my real estate - I also give and relinquish to her all & every right & interest that may have accrued or vest in me in any property or estate in Virginia or elsewhere & not in my possession, by our intermarriage - or that may hereafter during my life accrue to me by reason of our intermarriage.

I give and bequeath to my daughter Alice - slaves Crawford, Nathan & girl named Ann; also one fourth of my real estate in the Village and one fourth of the aforesaid land adjoining Audas & Davis or the proceeds thereof when sold, and if she shall die without leaving a child or children, then the property being given to her shall belong to her surviving brothers estate.

I give and devise to my son Lucius the tract of land on Buffaloe, adjoining Harris & Martin and the following slaves, Archer, Sally, Hearrison, Lucy, Lawrence, Barrvell, Lundy, sometimes called Martha Ann, and Jimmy (old) also one half of my real estate in the Village and one half of the land adjoining Audas & Davis - and require him to pay his sister Alice one thousand dollars with interest annually from my decease in equal portions as her guardian may require for her support and education.

I give & bequeath to my son Austin slaves; Henry, Apheaim, Sarah & Malcoma.

I give & bequeath to my daughter Virginia Ann Elisa Echols, Negro woman Julia & boy Reuben.

I give to my grandson Nathan W. Cook fifty dollars and to my grand daughter Charlotte A. Berry fifty dollars.

I charge the rest & residue of my estate with the payment of what debts I may owe & of the aforesaid Pecuniary Legacies to my wife & Grand Children: and after the payment thereof I give such residue of my estate not herein bequeathed & devised to my sons James Edward,

Augustin T., Fitz W., & Lucius.

I authorize the Executors hereof and such as may qualify & the Survivors to sell any real estate in the Village & the land adjoining Audas & Davis. At such time & on such terms as to time of payments & by private or public sale as they or he may deem advantageous to the persons interested for the more convenient & advantageous. Division of the said land - and after deducting the expense of the sale, do divide the proceeds between my wife, my daughter Alice and son Lucius in the proportions herein explained. I appoint my sons James E. Berry and

Lucius F. Berry Executors of this will. In testimony whereof I have hereunto inscribed my name & set my Seal this 23 Oct. 1852.

Signed and declared by the testator to be

his will in our presence - the words “& by private or public sale” intended.

T. H. Audas

Thomas T. Mindson John J. Berry (Seal)

Nathan C. Sayre

Memorandum - On this same 23 day of October make the following addition or Codicil.

Should my decease occur when a crop shall be growing or on the land. I direct that no change be made in the family affairs until the beginning of the ensuing year - and that such crop be perfected and held by the Executors as part of my estate and that the family be supported as usual until the beginning of the year.

Oct. 23, 1852

Subscribed in our presence by

the testator. John J. Berry (Seal)

T. H. Audas

Thomas T. Mindson

Nathan Sayre