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The texts of the following Wills are taken from the above photocopies that
were made at Westmoreland County Courthouse.
Elizabeth Newton Berryman's Deposition is taken from Virginia Historical
Magazine as noted.
The Will texts are "as written" with spelling and grammar unchanged.
Of course, these are "not the original wills", they are "copies" hand-written
by clerks for filing purposes.
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Westmoreland Co. VA Records & Inventories pg. 87
In left margin: Major Benjamin Berryman Inventory
Pursuent to an Order of Court Dated August ye 27th 1729.
We ye Subscribers being Sworn before Capt Burdett Ashton
one of his Majesties Justices for ye sd County have Vallued ye
Estate of Major Benjamin Berryman Gent., Decd as followeth Viz:
L. S. d.
1 Negro man Named Anto (Anthony?) . . . . . . . 25 . 00 . 00
1 Negro man Named Sam . . . . . . . 22 . 00 . 00
1 Negro man Named Wappen? . . . . . . . 20 . 00 . 00
1 Negro lad Named Tim . . . . . . . 18 . 00 . 00
1 Negro lad Named Dick . . . . . . . 19 . 00 . 00
1 Negro fellow Named Tom . . . . . . . 16 . 00 . 00
1 Negro woman Named Sue . . . . . . . 20 . 00 . 00
1 Young Negro woman Named Frank? . . . . . . . 25 . 00 . 00
1 Young Negro man Call'd Cezar . . . . . . . 18 . 00 . 00
1 Young Negro woman Call'd Cate . . . . . . . 25 . 00 . 00
1 Young Negro woman Named Pegg . . . . . . . 18 . 00 . 00
1 Young Negro boy abt 13 Yrs old . . . . . . . 16 . 00 . 00
1 Young Negro girl abt 9 Yrs old . . . . . . . 12 . 00 . 00
1 Young Negro boy abt 7 Yrs old . . . . . . . 08 . 00 . 00
1 Young Negro girl abt 8 Yrs old . . . . . . . 10 . 00 . 00
1 Young Negro girl abt 3 Yrs old . . . . . . . 06 . 00 . 00
1 Young Negro girl abt 2 Yrs old . . . . . . . 04 . 00 . 00
1 Negro man Named James . . . . . . . 30 . 00 . 00
1 Negro child Named Jenny . . . . . . . 03 . 00 . 00
1 Mullatoe boy to be free . . . . . . . 10 . 00 . 00
1 Negro woman Call'd Lucy . . . . . . . 02 . 00 . 00
1 Young Negro woman Named Grace . . . . . . . 20 . 00 . 00
1 Old Negro woman Named Sarah . . . . . . . 05 . 00 . 00
1 Negro boy abt 12 Yrs old . . . . . . . 12 . 00 . 00
1 Negro girl abt 10 Yrs old . . . . . . . 10 . 00 . 00
1 Negro girl abt 8 Yrs old . . . . . . . 08 . 00 . 00
1 Negro boy abt 5 Yrs old . . . . . . . 07 . 00 . 00
1 Negro girl abt One Yr old . . . . . . . 03 . 00 . 00
1 Negro man Named John . . . . . . . 30 . 00 . 00
1 Young Negro woman Named Judy . . . . . . . 20 . 00 . 00
1 Old Mare, 1 Young Mare . . . . . . . 02 . 00 . 00
1 Old black Mare . . . . . . . 01 . 00 . 00
1 Old Mare . . . . . . . 01 . 00 . 00
1 Mare . . . . . . . 02 . 00 . 00
1 Young Mare abt 6 yrs old . . . . . . . 02 . 10 . 00
1 Young black Mare . . . . . . . 00 . 05 . 00
1 Young Mare . . . . . . . 02 . 00 . 00
1 Young Mare . . . . . . . 01 . 00 . 00
1 Young Horse abt 6 yrs old . . . . . . . 05 . 00 . 00
1 Young Horse abt 3 yrs old . . . . . . . 02 . 00 . 00
1 Old white Horse . . . . . . . 01 . 00 . 00
1 Fine Horse . . . . . . . 12 . 00 . 00
1 Saddle and honssin? (harness?) . . . . . . . 02 . 00 . 00
22 Sheep . . . . . . . 07 . 14 . 00
7 Breeding Sows abt 3 yrs old . . . . . . . 02 . 16 . 00
5 Young Barrows abt 2 yrs old . . . . . . . 02 . 10 . 08
20 Young Hogs of 1 yr old . . . . . . . 07 . 00 . 00
14 Hogs abt 1 yr old . . . . . . . 00 . 10 . 00
1 Sow and six Shoats . . . . . . . 01 . 05 . 00
1 Sow and six Pigs . . . . . . . 00 . 13 . 00
25 Pigs abt 6 months old . . . . . . . 02 . 10 . 08
1 Old Bull . . . . . . . 01 . 10 . 08
2 Bulls of 2 yrs old . . . . . . . 01 . 10 . 00
10 Cows . . . . . . . 17 . 10 . 00
4 Steers abt 2 yrs old . . . . . . . 04 . 00 . 00
2 Heifers abt 2 yrs old . . . . . . . 02 . 00 . 00
8 Yearlings . . . . . . . 03 . 20 . 00
2 Young Oxen of 4 yrs old . . . . . . . 05 . 00 . 00
2 Large Oxen abt 7 yrs old . . . . . . . 07 . 00 . 00
1 Ox Waine (cart), Yokes & Chain . . . . . . . 02 . 10 . 00
2 Old Plows and Coulters . . . . . . . 00 . 15 . 00
47 Geess (geese) . . . . . . . 03 . 10 . 06
28 Turkeys . . . . . . . 01 . 08 . 00
2 lb 11-1/4 oz of Plate @ 5 S pr oz
Avoirdupois weight (silver) . . . . . . . 10 . 16 . 03
16 3/4 oz of Plate @ 5 S pr oz . . . . . . . 04 . 03 . 09
1 Silver hilted Sword & Belt . . . . . . . 02 . 10 . 00
1 Sword & Belt . . . . . . . 01 . 00 . 00
1 Case of Pistols & Holsters . . . . . . . 01 . 10 . 00
1 Great Gun & 2 Patterarods (ramrods?) . . . . . . . 01 . 05 . 00
1 Brass Blunderbus . . . . . . . 00 . 12 . 00
1 Old Gun . . . . . . . 00 . 10 . 00
A Small Library of Books . . . . . . . 15 . 00 . 00
1 House Bell . . . . . . . 00 . 07 . 00
1 Fine Secretore (Secretary bookcase/desk). . . . . . 08 . 00 . 00
1 Writing Standish (stand/case) . . . . . . . 00 . 05 . 00
1 Large Looking Glass (Mirror) . . . . . . . 02 . 00 . 00
1 House Clock (grandfather or wall clock). . . . . . 06 . 00 . 00
1 Large Oval Table . . . . . . . 02 . 00 . 00
1 Lesser Oval Table . . . . . . . 02 . 00 . 00
1 Small Oval Table . . . . . . . 00 . 15 . 00
1 Backgammon Table . . . . . . . 00 . 05 . 00
1 Small Table . . . . . . . 00 . 05 . 00
1 Small Square Table . . . . . . . 00 . 05 . 00
1 Old Table . . . . . . . 00 . 05 . 00
1 Old Table . . . . . . . 00 . 02 . 00
1 Large Old Table . . . . . . . 01 . 00 . 00
2 Dozen of Damask Napkins . . . . . . . 02 . 00 . 00
2 Draper Table Cloths . . . . . . . 00 . 18 . 09
2 Small Table Cloth . . . . . . . 00 . 09 . 09
2 Old Damask Table Cloths . . . . . . . 00 . 06 . 00
3 Guilded Pictures (Gilt framed Portraits?) . . . . . 09 . 00 . 00
6 Fine Pictures . . . . . . . 03 . 00 . 00
2 Fine Pictures . . . . . . . 00 . 10 . 00
4 Old Pictures . . . . . . . 02 . 02 . 00
3 Sconses (candle sconces) . . . . . . . 00 . 09 . 00
3 Pipe Boxes, 1 old Trunk . . . . . . . 00 . 04 . 00
1 Fine Trunk . . . . . . . 02 . 10 . 00
1 pr Andirons, Fire Tongs, Shovel . . . . . . . 02 . 00 . 00
1 pr of old Andirons . . . . . . . 00 . 10 . 00
1 Small pr of Andirons . . . . . . . 00 . 10 . 00
1 pr of Brass Andirons, 1 Iron Back,
1 pr Fire Tongs . . . . . . . 01 . 15 . 00
1 Old Cubboard (cupboard) . . . . . . . 01 . 10 . 00
1 Fine Neast (nested chests?) of Drawers. . . . . . . 07 . 00 . 00
1 Chest of Drawers . . . . . . . 04 . 00 . 00
1 Old Chest and 1 Stand . . . . . . . 00 . 12 . 00
1 Swinging Looking Glass (for dressing?) . . . . . . 00 . 15 . 00
1 Swinging Looking Glass . . . . . . . 00 . 13 . 00
1 Small Looking Glass . . . . . . . 00 . 01 . 06
1 Close Stoole (covered commode) . . . . . . . 00 . 04 . 00
1 Old Close Stoole . . . . . . . 00 . 02 . 00
1 Dark Lanthorn (iron? candle-lantern) . . . . . . . 00 . 01 . 00
1 pr of Bellows, 1 Candle box . . . . . . . 00 . 08 . 00
1 pr of Snuffers (wick trimmer) and Stand . . . . . . 00 . 02 . 06
15 Rush (bottomed) Leather Chairs . . . . . . . 05 . 05 . 00
3 Large Rush Leather Chairs @ 12 S . . . . . . . 01 . 16 . 00
1 Large Arm'd Chair & Qushon (cushion) . . . . . . . 00 . 05 . 00
1 Large Flagg? Chair (fabric bottomed?) . . . . . . . 02 . 10 . 00
5 Old Flagg? Chairs . . . . . . . 00 . 03 . 04
6 Cane (bottomed) Chairs . . . . . . . 02 . 08 . 00
2 Large Cane Chairs . . . . . . . 01 . 04 . 00
8 Old Leather Chairs . . . . . . . 00 . 16 . 00
1 Old Large Arm'd Chair . . . . . . . 00 . 03 . 00
8 Old Chairs, 1 old Chest . . . . . . . 00 . 12 . 00
1 Fine Spinning Wheel . . . . . . . 00 . 07 . 06
1 Spinning Wheel . . . . . . . 00 . 07 . 06
1 Small Tea Cup . . . . . . . 00 . 01 . 00
1 Chamey? (China or enamel?) Punch Bowl . . . . . . . 00 . 10 . 00
1 Chamey? Sugar box . . . . . . . 00 . 05 . 00
1 Small Punch Bowl . . . . . . . 00 . 01 . 00
1 Large Punch Bowl . . . . . . . 00 . 01 . 00
1 Cradle . . . . . . . 01 . 00 . 00
1 pr of Window Curtains and Vallins . . . . . . . 00 . 02 . 06
1 pr of Money Scales . . . . . . . 00 . 04 . 00
1 pr of Sugar Scales . . . . . . . 00 . 05 . 00
1 New Feather Bed & Boulster . . . . . . . 04 . 10 . 00
1 New Feather Bed & Boulster . . . . . . . 04 . 00 . 00
1 New Feather Bed . . . . . . . 04 . 00 . 00
1 Feather Bed, Boulster, 1 Blanket . . . . . . . 03 . 10 . 00
1 Old Feather Bed, Boulster, 1 Quilt, 1 Blanket,
Bedstead, Cord & Hide . . . . . . . 05 . 10 . 00
1 Feather Bed, Boulster, 1 Quilt, 2 Pillows, 1 Quilt, 1 blanket,
Curtins, Vallins, Foot Vallins, Headps (headboard?),
Tauter (tightener), Bedstead, Cord & Hide . . . . 10 . 00 . 00
1 New Feather Bed, Boulster, 2 Pillows, 2 Quilts, 1 Blanket,
Old Curtains and Vallins, Foot Vallins, Bedstead,
Cord and Hide . . . . . . . 08 . 00 . 00
1 Good Feather Bed, Boulster, 2 Pillows, Quilt, 1 Blanket,
Curtains & Vallins, Bedstead, Cord and Hide . . . 08 . 00 . 00
1 Feather Bed, Boulster, 2 Pills, 1 Rug (blanket),
1 Blanket, 1 Low Bedstead, Cord and hide . . . . 05 . 10 . 00
1 Old Feather Bed, Boulster, 1 Rug, 1 Blanket, 1 Low
Bedstead, Cord and Hide . . . . . . . 04 . 10 . 00
1 Feather Bed, Boulster, 1 Rug, 1 Blanket, Bedstead,
Cord and Hide . . . . . . . 03 . 00 . 00
1 Good Bed, Boulster, 1 Old Quilt, Bedstead,
Cord and Hide . . . . . . . 04 . 10 . 00
1 Bed, Boulster, 1 Rug, 1 Blanket, Cord
and Hide . . . . . . . 04 . 00 . 00
1 Cot Bed, Blanket, Rug . . . . . . . 02 . 10 . 00
1 Old Flock? Bed . . . . . . . 00 . 15 . 00
5 Old Pillow Cases . . . . . . . 00 . 05 . 00
5 pr of Sheets . . . . . . . 03 . 07 . 06
3 Old Sheets . . . . . . . 00 . 07 . 00
1 Old Warming Pan . . . . . . . 00 . 15 . 00
1 Churn . . . . . . . 00 . 05 . 00
2 Old Pewter Bassons (basins), 1 Callender. . . . . . 00 . 08 . 00
3 powdering (meat preparing) Tubs . . . . . . . 03 . 10 . 00
2 small powdering Tubs, 1 old Chest . . . . . . . 00 . 15 . 00
1 Meal Search? (sieve?), 1 Meal Sifter . . . . . . . 00 . 06 . 00
2 Canisters . . . . . . . 00 . 01 . 00
1 Spice Morter and Pestle . . . . . . . 00 . 06 . 00
2 Iron Pestles . . . . . . . 00 . 08 . 00
3 Pot Racks . . . . . . . 00 . 12 . 00
2 Iron Spits . . . . . . . 00 . 14 . 08
1 Old Ladle and Fork . . . . . . . 00 . 01 . 00
16 Pattie (biscuit?) Pans, 2 Tin Callenders . . . . . 00 . 09 . 00
2 Old Frying Pans . . . . . . . 00 . 06 . 00
1 Old Frying Pan . . . . . . . 00 . 01 . 00
1 Old Mill Spindle . . . . . . . 01 . 00 . 00
10 Pieces of Earthen Ware . . . . . . . 00 . 10 . 00
1 Mustard Pot, 1 Salt (pot) . . . . . . . 00 . 02 . 00
7 Large Butter Pots . . . . . . . 00 . 14 . 00
1 Large Jar . . . . . . . 00 . 05 . 00
8 Quart Bottles . . . . . . . 00 . 01 . 04
2 Old Pails . . . . . . . 00 . 06 . 00
1 Old Washing Tub . . . . . . . 00 . 02 . 06
1 Old Bushtt? (brush?), 2 Towle? Dishes . . . . . . . 00 . 04 . 06
5 Bushels of Salt . . . . . . . 00 . 07 . 06
79 lb of good Pewter . . . . . . . 03 . 19 . 00
111 lb of old Pewter . . . . . . . 02 . 15 . 06
1 Old Chest . . . . . . . 00 . 05 . 00
1 Case of bottles, 2 Sugar boxes . . . . . . . 00 . 18 . 00
30 lbs of Mirtle (Myrtle/candle) Wax . . . . . . . 01 . 02 . 06
29 lbs of Tallow . . . . . . . 00 . 14 . 06
9 Large Stone Jugs . . . . . . . 00 . 18 . 00
6 Gallons of Mallasses (Molasses) . . . . . . . 00 . 12 . 00
5 Large Butter pots, 1 Small Butter pot . . . . . . . 00 . 09 . 00
2 Stills . . . . . . . 07 . 00 . 00
2 Box Irons & Heaters, 2 Funnels . . . . . . . 00 . 06 . 00
1 pr of Small Stillards (steelyards - scales) . . . . 00 . 10 . 00
1pr of Large Stillards . . . . . . . 01 . 00 . 00
1 pr of Spoon Molds . . . . . . . 00 . 10 . 00
1 Whip Saw, 2 files & 1 Rest . . . . . . . 02 . 10 . 00
1 Cross Cut Saw . . . . . . . 00 . 07 . 00
1 Old Tenant (Tenon) Saw . . . . . . . 00 . 02 . 00
1 Currying Knife and Steal (sharpener?) . . . . . . . 01 . 00 . 00
1 pr of Garden Shears . . . . . . . 00 . 01 . 06
2 pr of Tailors Shears, 1 pr of Scissors. . . . . . . 00 . 02 . 06
4 pr of Sheep Shears, 3 pr Wool Cards and 1 pr of
Cotton Cards . . . . . . . 00 . 09 . 06
1 Parcel of Carpenters Tools . . . . . . . 00 . 10 . 00
1 Parcel of Coopers Tools, 1 Sledgehammer . . . . . . 01 . 00 . 00
1 Parcel of Shoemakers Tools & Alls (Awls). . . . . . 00 . 15 . 00
4 Old Towels . . . . . . . 00 . 02 . 00
2 Trowels . . . . . . . 00 . 03 . 00
2 Grubbing Hoes . . . . . . . 00 . 05 . 00
9 Hoes . . . . . . . 00 . 12 . 00
4 Old Hoes, 1 Old Axe . . . . . . . 01 . 05 . 06
4 Good Axes . . . . . . . 00 . 10 . 00
1 Old Axe . . . . . . . 00 . 02 . 00
1 Set of Wedges . . . . . . . 00 . 10 . 00
2 Iron Wedges . . . . . . . 00 . 06 . 00
1 Large Iron Crow (crowbar) . . . . . . . 00 . 01 . 06
1 Large Grinding Stone . . . . . . . 00 . 02 . 06
18 Tubs . . . . . . . 01 . 00 . 00
3 Small Wooden Boxes . . . . . . . 00 . 01 . 06
2 Rundletts (runlets? - small wine casks) . . . . . . 00 . 02 . 00
21 Cyder (cider) Casks . . . . . . . 05 . 05 . 00
4 Mill Pecks? (peck baskets?) . . . . . . . 00 . 05 . 00
22 Sides of Leather . . . . . . . 04 . 02 . 06
1198 Foot of Inch plank . . . . . . . 04 . 19 . 10
843 Foot of Feather Edge plank . . . . . . . 01 . 15 . 01
2 Fine Iron Hooks, 10 lbs Brass Heads? . . . . . . . 00 . 02 . 00
206 lbs of Old Iron . . . . . . . 00 . 17 . 02
273 lb of Pot Iron . . . . . . . 02 . 05 . 06
68 lbs of Pot Iron . . . . . . . 00 . 11 . 04
1 Large Copper Qt: (qty?) 49 wt . . . . . . . 03 . 13 . 06
11 lb of Brass . . . . . . . 00 . 14 . 08
16 lb of Old Brass . . . . . . . 00 . 08 . 00
Elizabeth Berryman
Robt: Washington
Law: Butler
Jarrett Foard
Westmoreland At a Court held for the sd County the 26th Day of
November 1729
This Inventory of the Estate of Benjamin Berryman Gent decd was
return'd into Court upon Oath by - Elizabeth Berryman his Relict
& Exetutrix and Ordered to be Recorded.
Recorded the 23th Day of December 1729
GTCCW Test: G Turbervile CClerk
_______
MB Notes on the above Inventory:
The Inventory has been resequenced from the original and a few
items have been combined.
"Do" (ditto) marks have been replaced with appropriate text
and some of the spelling has been updated.
Although I've tried to explain the obscure terms there are still
some "unknowns". For instance, the "Chamey" sugar box and the
punch bowl and also the "Flagg" chairs.
I believe flagg refers to a type of fabric on the chair
seats and Chamey may be a type of glass, crystal or perhaps
enamel on metal.
I believe the word "Hide" in the bedstead items refers to a
"tanned leather hide" that was laid over the ropes (and
below the feather bed).
A "Rugg" was a type of blanket (perhaps a "bedspread") not
a floor rug.
As lengthy as the inventory is ... I think they missed a
few things.
I didn't find Benjamin's clothing, shoes, wigs, eye glasses
(if any), tobacco pipes, rings, or other personal items.
It is also little surprising that he didn't have a
carriage or wagon by 1729. I know the roads were
"horse paths", but I thought they might at least have one
wagon. They did have an Ox cart (waine).
Also they seemed to be a "little light" on saddles, harness,
etc. given as many horses as he owned ... unless the other saddles
were considered the property of Elizabeth and the children.
I would have liked to have seen an inventory of Benjamin's
Mill, but the "large grinding stone" may be a millstone. MB
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MAJR: BENJA: BERRYMAN'S WILL
In the Name of God Amen. 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 their 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
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ELIZABETH BERRYMAN'S WILL
In the Name of God Amen I Elizabeth Berryman of the County of Westmoreland being weak in body but of sound and disposing mind and memory do constitute and appoint this my last Will & testament in manner following. Whereas my husband Benjamin Berryman by his last Will authorized me to make distribution of all his slaves to his six sons or the survivors of them and whereas three of the said Sons viz Newton, John and Henry died before they came of age and was not possesst of any of their fathers estate and whereas William, James and Maximilian are the surviving sons I give all the slaves with their increase to be divided as follows, Imprimis I give to my son William Berryman Old Negro Jack and Grace and their ten Children and bob which in his possession and Sall which I delivered to him as part of his fathers estate some years past but being a little Negro girl, that attended me I desired my son William to let her stay and wait on me which is now with me, as also I give him Rachel and Nel & Beck their Mother, to him and his heirs and assigns forever and allso my fathers Old Silver Tankard without a lid and also my fathers coat of arms. And also I give to my said son William Berryman all the lands I bought of Cossom Bennett in the County of Westmoreland which I have given him by a deed and do confirm to him his heirs and assigns forever.
Item I give to my son James Berryman, Negro George, Jack, Anthony, Ben, Aaron, Suke, Nace, Mary, Tim, Ned, Jude, Peg and her youngest Child Gerrat, Winney, and Belley to him his heirs and assigns forever. Item I give to my son Maximilian, fourteen Negroes which he has in his possession as also Salley, Lilla and Frank which are yet in my possession, to him his heirs and assigns forever.
Item my will and desire is that my stock and household stuff of what kind soever Tobacco Corn Money etc shall be equally divided between my three children that is to say William James and Katherine Nowles (Vowles?)
Item my son Benjamin Berryman had his part of his fathers estate before his death, Item my daughter Rose Taliaferro had her part of her fathers estate before his death.
Item my Daughter Frances Foot has her part since her fathers death according to his Will and gave a receipt for it.
Item my daughter Sarah Douglas has had her part of the negroes and my daughter Katharine Nowles has had her part of the Negroes, the reason bf my giving son William Seventeen Negroes and my son James but sixteen is because some negroes that my son William is possest of are very Deficient for old Jack & Grace are almost past labour, and one negro fellow with One eye and one hand, and another cripled lad of very little use, therefore I think the division I have made will make them equal according to quantity and quality.
Item I appoint my sons William and James Berryman executors to this my last will and testament.
In witness whereof I have hereunto set my hand and seal this 14th day of June 1762.
her
Elizabeth (E) Berrymen
mark
Signed Sealed and delivered
In presence of Gerrard Blackstone Causeen
Josias Causeen
Thomas Clark
William Staples
At a court held for Westmoreland County the 22d day of February 1763, This last Will and Testament of Elizabeth Berryman decd was proved according to law by the Oaths of Josias Causeen and William Stapes Witnesses thereto and Ordered to be recorded and on the motion of said William Berryman One of the executors named in the said Will who made Oath according to law and together with Willoughby Newton his Security entered into and acknowledged Bond with Condition as the law directs Certificate is granted him for Obtaining a probate thereof in due form liberty being reserved to James Berryman the Other executor named in the said Will to join in the probate when he shall think fit.
Teste
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ELIZABETH BERRYMAN'S DEPOSITION
Deposition of Eliza. Berryman Aged 70 years or thereabouts being Sworn and Examined in a Suit between Garrard Davis and others Plts. and Richd. Lee Defendent
(Elizabeth Berryman) -- deposeth and Saith that John Newton, the Elder, the Depts. father informed her (that) he was a Yorkshire (England) man and had three wives there, and one Son by each wife namely: John, Joseph and Benja. and that after the death of his last Wife, he came to Virginia and married this Depts. mother (Rose Nee? Tucker Gerrard Newton) and sometime after the Marriage he went Home again and brought in with him his three Sons of afores'd.
& that the sd. John, the Eldest Son, some time after he came to Virginia married and had issue: Wm. Newton, who married Barbary Johnson Daughter of James Johnson, ye Elder, half sister to John Gerrard, the younger, the said Wm. Newton had issue by the said Barbary Johnson, a Son, and (a) Daughter named Frances.
The sd. Wm. Newton survived the sd. Barbary, and afterward married Eliza. Berryman, the Daughter of this Depts. last Husband (Benjamin Berryman) by his first wife (Sarah Butler), & had issue by the sd. Eliza.: Wm. Newton, now in King George County, & Others.
Joseph Newton, the son of the (John Newton, the elder's) second wife had no issue now alive.
Benja. Newton, son by the third wife, married in Virginia and had issue one Son named Benja. & three Daughters
--the last mentioned Benja. married and had issue a Son named Benja. now living and is married to a Daughter of Rachel Colclough of Stafford County
& this Dept. Saith that her Father (John Newton) had issue by her Mother (Rose) who was his fourth and last wife: two Sons namely Gerrard and Thos. Newton
and further this Dept. Saith (further, that?) James Johnson the Elder married Eliza. the Mother of John Gerrard, ye younger, and had issue by her Jas., Eliza., Frances, Barbary and Anne, ye sd. Jas. died without issue.
Eliza. (Johnson) married William Davis and had issue. Frances (Johnson) married one Wiggington & had issue. Barbary (Johnson) married the aforesd. Wm. Newton & had issue as aforesd. Anne (Johnson) married Saml. Heath and had issue & further this Dept. Saith not.
her
Elizabeth X Berryman
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Westmoreland Sct.
The within sworn to the 10th day of February 1755 before us by Virtue of a Dedimus to us directed Dated the 15th. Day of November in the twenty ----------- year of our Reign -------
Wm. Berryman
James Berryman (sons of Elizabeth Newton Gilson & Benjamin Berryman)
A Copy teste: John Lee Junr. p Ben Waller C. G. Cur.
(Endorsed) Copy Berriman's Deps.
This deposition was copied from the Virginia Historical Magazine, Vol 23, 1925, p 300. Notes to Council Journals
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My new email address is Man2Berry 'at symbol' prodigy.net - Note: this method is to an attempt to foil email "address harvesters"
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