Washington Berry

Washington Berry


Original at the Alexandria Courthouse Will Book A, 1813 page 193
 

I, Washington Berry of the County of Campbell and State of Kentucky do make my last Will as follows; I demise to my wife Alice to hold during her life one third part of the tract of Land whereon I now live situate on the Ohio River in the County aforesaid, which said one third part is to begin at the lower corner of the tract on the river to run thence up the Ohio to the mouth of a drain near and above Smith's field (the said drain emptying into the Ohio) thence out for quantity to the back line so as to include the said one third part of said tract comprehending my brick buildings and the improved lands adjacent thereto.

I demise also to my wife during her life Toby, Jenny his wife, George, Hanibel, Daphne, Anthony, Jefferson, Richard, Lucy, Matilda, Jonathan, Edmund (slaves).  I give my wife a bond or Obligation from Bicklehammer to me for money and planck to be applied towards the completion of my brick buildings and it is my desire that the Glass and other things purchased by me to be used about said buildings be appropriated for the purposed they were intended.  I give to my wife and to the executors and administrators to dispose of as she may think proper, a horse called Jolly, and four mares to Wit, Kate, Kitty, Sal, Primose, all the plantation Utensels, all the house hold furnature, all the kitchen furnature, five of my best Cows or Cows & Calves, to be selected by her, one third part of the sheep and one third part of the hogs to be selected in the same manner, the ox Waggon and geers and my six work Oxen.

I demise to my son Taylor Berry and to his heirs for ever a negro boy named William.  I demise to my daughter Milly Berry and to her heirs forever a negro girl named Maria and I do direct that all the rest of my negro slaves male & female shall be sold by my Executors as soon as convenient after my decease for money at a Credit of one year at least taking bond and good Security for the payment.

And I also direct that the remainder of my personal Estate be sold by my Executors in like manner and that the intire proceeds all the Slaves herein directed be applied by my Executors to the purchase of Bank Stock in the names of all my Children; the Interest to be draw by my Executors and as far as the same may be deemed necessary by my wife to be paid to her by my Executors for the maintenance, clothing and education of my Children and so much of the Interest as may not be necessary for these purposes to be appropriated to the purchase of Additional Bank Stock by my said Executors the interest on which is to be subject to the same disposition with the other Interest, and as my female Children Marey and as my small attain the age of 21 years or if my female Children are unmarried at 21, then at that age they shall be and each of them respectively entitled to received his or her equal proportion of the bank Stock, provided that my son Taylor Berry, my son Hubbard Berry, and my daughter Milley Berry shall account for & be deducted from their claims to stock for the negroes herein devised to them at the following Values to Wit, Peter & William one hundred pounds each & Maria seventy pounds and my son Taylor shall further Account for forty dollars in like manner the Value of a horse he has received form me and my son Hubbard shall further Account for the like Sum in like manner the Value of a horse he has also received from me and the Certificate of any one of my Executors shall be sufficient to Authorize the proper officer or officers of the Bank of Banks in which the Stock may be purchased to transfer to the person therein mentioned being one of my heirs such share or shares as by such certificate it may appear that he or she is entitled.

I direct that the residue of my Tract of Land above mentioned is to be disposed of; it is to be and remain under the care & in the possession of my wife during her life with power to grant Leases during her life on such terms as she pleases applying the rents if any to improvements to be made on the premises and upon my wifes death, I will that the whole of said tract of Land be sold or divided equally among my Children by my Executors at the option of the majority of my children if of lawfull age at the time of my wifes death; if not of my Executors and if sold, for one half of the purchase Money a Credit to be given of one-two years taking bonded good security for the purchase money with or without Interest at the option of my Executors and in the event of sale the proceeds to be equally divided among my Children. And the proportion of such as as are under age if any, to be appropriated in the purchase of Bank stock in their names or put out to Interest by my Executors till they attain lawfull age as may be most advantageous.

And I do likewise direct that on the death of my wife the negroes devised to her for life and the increase if any of the females shall be disposed of in the same manner as the Land & the proceeds of Sales applied and appropriated in the same way.  And I do hereby invest my Executors with all necessary powers for the purpose of carrying my intentions herein expressed into ful execution.  I nominate & appoint my Son Taylor Berry, my son Hubbard Berry, Hubbard Taylor Junior, & James Eubank Junior Executors of this my will.

I direct that my estate shall not be appraised.  I declare that the provisions here in made in favour of my wife are intended & are to operate in lieu of dower & the provision she would have been entitled to under the statute of distributions if no will had been made by me.  It is my will that all the Crop this years within the bounds of the Land devised to my wife for her life shall belong to her.  That she shall immediately upon my decease have possession of the Negroes devised to her & that the residue of the negroes directed to be sold shall be disposed of without delay.

I consider myself by Virtue of a deed from Catherine Shropshire to be dated the 14 Nov 1792, executed also by Caroline Gregory, to five hundred Acres of land on Brashear's Creek in the State of Kentucky or if it cannot be obtained to the substitution therefore pointed out by said Deed the Claim was originally for 1000 acres, but I have recinded the Contract with C Gregory as for as respects five hundred Acres of the said 1000 Acres on Brashear's Creek.  C Shropshire holds my bond for 200 Dollars in pounds as the consideration for the said Land. 

I herby give my Son Taylor Berry my claim to the said five hundred Acres of Land & all advantages that he may be able to derive from the inability of the contracting parties to make a good title therefore.  He paying however, the said Bond.  In witness whereof I have her unto Set my hand and Seal in the County of Campbell the 25th April 1813.
Washington Berry (Seal)
Signed, sealed & delivered in the presence of the under signed witnesses subscribing their names in the presence of the Testator.  Kitturah L Taylor, Richard Southgate
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Campbell County Court 25 August 1813

This last Will & Testament of Washington Berry Deceased, was produced in Court by Hubbard Taylor Junior, James Eubank Junior, Executors therein named & was proved by the Oaths of Ketturah L Taylor & Richard Southgate subscribing Witnesses thereto, the said Executors there upon entered into Bond in the Penalty of fifteen thousand Dollars According to Law with John B Lindsey and Jacob Fowler their Securities which was Acknowledged and the said Executors proved Said will and qualified according to Law and was ordered to be recorded.

I, George Gordon, deputy Clerk of Campbell County do hereby certify that the foregoing Will of Washington Berry is truly recorded in Will Book pages 189, 190, 191, & 192.  Given under my hand this 25th day of August 1813.  Signed Geo Gordon DCCC

We, Hubbard Taylor Senior & James Eubank Senior do hereby engage & oblige ourselves & our heirs to indemnify & keep harmless, from any cost and damage that my be encured by Jacob Fowler & John B Lindsey as securities for Hubbard Taylor Junior & James T Eubank & Taylor Berry in their Executorship for the Estate of Washington Berry deceased, & that we will at any time enter into any bond or bonds the more effectually to Secure the said Fowler & Lindsey or as Counter security in the office of the County of Campbell as shall be required of us given under our hands this 19th day of August 1813.

Signed Hubbard Taylor Senior
James Eubank

 

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