I did not get my E Mail off to Craig in time.    Info I wanted to forward.    My copy came from Lynn Berry Hamilton's transcript of John Berry's Will. from Culpeper County Court House Records, Will Bk "B" pp. 317-319. Her book: pg 9, BERRY - BERREY FAMILY The Family of Elijah BERRY Va., Ga., Ala. and Tex. 1700 - 1980 by Lynn Berry Hamilton, Compiled and Published by Mrs. C. H. Hamilton, Jr., 807 Carrol, Harlingen, TX 78550. 1980. When I wrote to her in May 2007, she said she had gotten much more information after her book was published and distributed to many libraries. I have not had contact with her since. ********************************************************************************************************  On Page 2 of Hamilton's b ook, shows as first evidence of John Berry, his sons Malachiah and John Jr, a partial abstract of a lease from the Estate of Alexander Spotswood, dated  27 August 1746. Source: Orange County Records Deed Bk "10":  pp.390 - 393, Lease of Alexander Spotswood Est. to John BERRY and sons Malachy and John, 27 Aug 1746.    Where would this land be???  ( WARNING - I find the programs are not completely compatible - what I scan onto my computer has to be proofread; what I copy to E Mails also has to be proofread)Questions and Lease.  - - - - - - -- - -- - -- -- - - - - - - - - - - - -- - -- - -- -- - - - - - 2  Source: pg 2 Lynn Berry Hamilton, BERRY BERREY FAMILY, etc. d a t e of t he e a rli es t r e c ord th at has b een fou nd . a t e of t he e a rli es t r e c ord th at has b een fou nd . This f ir s t r e cord is o f a l ea s e o f la nd f rom th e Es tat e o f A lex ande r Spotswood. f ir s t r e cord is o f a l ea s e o f la nd f rom th e Es tat e o f A lex ande r Spotswood. The following abstract from th e l eas e , exe c u t e d 27 August 1746, giv e s some rel e vant and interest in g info r m a tion : 27 August 1746, giv e s some rel e vant and interest in g info r m a tion : "••• •• o n e Hundr e d an d fi f t y a c r e s o f L a nd wi th th e a pp ur t e nanc es (e x cep t a ll mi ne s, •• o n e Hundr e d an d fi f t y a c r e s o f L a nd wi th th e a pp ur t e nanc es (e x cep t a ll mi ne s, minerals and quarries ••• )••• lying and being in the Paris h of S t . M ark in t he Co un ty h of S t . M ark in t he Co un ty o f Or a n ge on t h e N o rth s id e o f th e R i ve r R appad A nn e • • • b e in g part o f a T r a c t o f L a nd of Forty T hou s and A c r e s g rant ed by Sett e r s Pat e nt t o A l e x a nd e r Sp o t s wo od •• • t o t h e f Or a n ge on t h e N o rth s id e o f th e R i ve r R appad A nn e • • • b e in g part o f a T r a c t o f L a nd of Forty T hou s and A c r e s g rant ed by Sett e r s Pat e nt t o A l e x a nd e r Sp o t s wo od •• • t o t h e T hou s and A c r e s g rant ed by Sett e r s Pat e nt t o A l e x a nd e r Sp o t s wo od •• • t o t h e s a id John B ERRYfor and D u rin g th e natural Live s of M alachy a nd John B erry hi s S on s a id John B ERRYfor and D u rin g th e natural Live s of M alachy a nd John B erry hi s S on s and for and d u rin g th e na t ur a l Life and Liv e s o f t he Lo n g es t L ive r o f th e m Y I E L D I N G AND P A YING Ther e fore y e arly and e v e ry y ea r Du r ing thi s t er m • • • ei g ht Hundr e d pound s weight of Good sound M erch a nt a ble or Top To b a c co cl e ar o f Gr o und L e a v e s and Tr as h ••• to g e th e r w i th ca s h • •• m ad e out o f th e cr op •• • to be t en d e r e d a n d D el i ve r e d in on e Hog s he a d w e ighty a nd prop e r for e x p o rtation at some Convenien t L a nding on R a ppahannock Ri v er within th e County of S pot s ylvania • •• John B e rry ••• s hall a nd w ill within four year s after the Date of Th es e Pr ese nts Pl a nt upon the D em i s e d pr e m is e s u rin g th e na t ur a l Life and Liv e s o f t he Lo n g es t L ive r o f th e m Y I E L D I N G AND P A YING Ther e fore y e arly and e v e ry y ea r Du r ing thi s t er m • • • ei g ht Hundr e d pound s weight of Good sound M erch a nt a ble or Top To b a c co cl e ar o f Gr o und L e a v e s and Tr as h ••• to g e th e r w i th ca s h • •• m ad e out o f th e cr op •• • to be t en d e r e d a n d D el i ve r e d in on e Hog s he a d w e ighty a nd prop e r for e x p o rtation at some Convenien t L a nding on R a ppahannock Ri v er within th e County of S pot s ylvania • •• John B e rry ••• s hall a nd w ill within four year s after the Date of Th es e Pr ese nts Pl a nt upon the D em i s e d pr e m is e s A YING Ther e fore y e arly and e v e ry y ea r Du r ing thi s t er m • • • ei g ht Hundr e d pound s weight of Good sound M erch a nt a ble or Top To b a c co cl e ar o f Gr o und L e a v e s and Tr as h ••• to g e th e r w i th ca s h • •• m ad e out o f th e cr op •• • to be t en d e r e d a n d D el i ve r e d in on e Hog s he a d w e ighty a nd prop e r for e x p o rtation at some Convenien t L a nding on R a ppahannock Ri v er within th e County of S pot s ylvania • •• John B e rry ••• s hall a nd w ill within four year s after the Date of Th es e Pr ese nts Pl a nt upon the D em i s e d pr e m is e s s weight of Good sound M erch a nt a ble or Top To b a c co cl e ar o f Gr o und L e a v e s and Tr as h ••• to g e th e r w i th ca s h • •• m ad e out o f th e cr op •• • to be t en d e r e d a n d D el i ve r e d in on e Hog s he a d w e ighty a nd prop e r for e x p o rtation at some Convenien t L a nding on R a ppahannock Ri v er within th e County of S pot s ylvania • •• John B e rry ••• s hall a nd w ill within four year s after the Date of Th es e Pr ese nts Pl a nt upon the D em i s e d pr e m is e s as h ••• to g e th e r w i th ca s h • •• m ad e out o f th e cr op •• • to be t en d e r e d a n d D el i ve r e d in on e Hog s he a d w e ighty a nd prop e r for e x p o rtation at some Convenien t L a nding on R a ppahannock Ri v er within th e County of S pot s ylvania • •• John B e rry ••• s hall a nd w ill within four year s after the Date of Th es e Pr ese nts Pl a nt upon the D em i s e d pr e m is e s e Hog s he a d w e ighty a nd prop e r for e x p o rtation at some Convenien t L a nding on R a ppahannock Ri v er within th e County of S pot s ylvania • •• John B e rry ••• s hall a nd w ill within four year s after the Date of Th es e Pr ese nts Pl a nt upon the D em i s e d pr e m is e s v er within th e County of S pot s ylvania • •• John B e rry ••• s hall a nd w ill within four year s after the Date of Th es e Pr ese nts Pl a nt upon the D em i s e d pr e m is e s s after the Date of Th es e Pr ese nts Pl a nt upon the D em i s e d pr e m is e s thr e e hundred good fruit tr ee s on e third at l e a s t to b e good apple trees • • • and will en c lo s e with a good and suffici e nt and lawful Fence • • • and further that it • • • may be lawful • • • for the s aid John Spot s wood hi s h e ir s • •• to e nt e r • • • di g •• • s e arch ••• e e hundred good fruit tr ee s on e third at l e a s t to b e good apple trees • • • and will en c lo s e with a good and suffici e nt and lawful Fence • • • and further that it • • • may be lawful • • • for the s aid John Spot s wood hi s h e ir s • •• to e nt e r • • • di g •• • s e arch ••• c lo s e with a good and suffici e nt and lawful Fence • • • and further that it • • • may be lawful • • • for the s aid John Spot s wood hi s h e ir s • •• to e nt e r • • • di g •• • s e arch ••• • • for the s aid John Spot s wood hi s h e ir s • •• to e nt e r • • • di g •• • s e arch ••• Drean for any min e s of Ston e Led Copper Iron •• e s of Ston e Led Copper Iron •• >From the plat: "••• s urv e yed by Geor g e Hume S e nr • • • B eg inning at A a R ed Oak and H i ck o r y Corner to John Haw k ins Lott • •• w e s t ••• to B a P i ne • • • " 9 s urv e yed by Geor g e Hume S e nr • • • B eg inning at A a R ed Oak and H i ck o r y Corner to John Haw k ins Lott • •• w e s t ••• to B a P i ne • • • " 9 k ins Lott • •• w e s t ••• to B a P i ne • • • " 9 The land referred to in this lease w a s in t he area of Orange County that fell into Culpeper Count y whe n it w as forme d fr om Or a n ge in 1749. At its formation Culpeper encompassed all of the land bet w een the Rapidan and Rappahannock rivers to the hea d wate r s of those rivers in the Blue Ridge Mountains. The description o f the abov e a s in t he area of Orange County that fell into Culpeper Count y whe n it w as forme d fr om Or a n ge in 1749. At its formation Culpeper encompassed all of the land bet w een the Rapidan and Rappahannock rivers to the hea d wate r s of those rivers in the Blue Ridge Mountains. The description o f the abov e y whe n it w as forme d fr om Or a n ge in 1749. At its formation Culpeper encompassed all of the land bet w een the Rapidan and Rappahannock rivers to the hea d wate r s of those rivers in the Blue Ridge Mountains. The description o f the abov e w een the Rapidan and Rappahannock rivers to the hea d wate r s of those rivers in the Blue Ridge Mountains. The description o f the abov e d wate r s of those rivers in the Blue Ridge Mountains. The description o f the abov e o f the abov e land indicates it to be near, if not in , t he mountai n s . Even toda y , t he mountai n s . Even toda y one might find apple orchards, tobacco f ields, or mi n es there . - Some of - the earliest settlers in the M adison Co u n ty area of Culpeper were the Germans brought to Germ a nna i n 171 4 b y Spots w ood MY NOTE - BBS: Following sentences about Germans incorrect.  I have it crossed out on my copy and wrote in some correct information . , ' " ~ / '" ~ - . A. .. u ..,. , } j p r . . MfA ' "' A • , !(~J ;; ): /J,P L ' " ~ / '" ~ - . A. .. u ..,. , } j p r . . MfA ' "' A • , !(~J ;; ): /J,P L to work the mines. ~ nhappy w i t h c orm I11 o nSlK ' G ' e " f I Da nna a na the l an d ~ nhappy w i t h c orm I11 o nSlK ' G ' e " f I Da nna a na the l an d there, a number of them secured land grants in the Robinson Ri ver ver (; 7 - c; , " ' " " " ,l&r. . t ~ ~ ' : 6 17r7 7 - c; , " ' " " " ,l&r. . t ~ ~ ' : 6 17r7 ~ ' : 6 17r7 area and had moved there by 1725.- > These e:a : Hy ; -imm i g r ants e sta li- . 1725.- > These e:a : Hy ; -imm i g r ants e sta li- . -~ . ----- Original Message ----- From: "Craig Kilby" <craig@craigkilby.com> To: "germanna colonies" <germanna_colonies@rootsweb.com> Sent: Monday, November 7, 2011 1:12:20 PM Subject: Re: [GERMANNA] John Berry Will Barb, Marilyn, Barb's transcript has a typo. "house" should be "horse" in what he leaves his widow if she remarries.  FROM BARB - I CONCUR.  HORSE = stallion for breeding purposes, very different from a house.. Craig On Nov 7, 2011, at 4:03 PM, barberrey@comcast.net wrote: > > > Marilyn - I have sent  my copy of John Berry's Will with my response to Craig Kilby..My copy of the Will  is from Lynn Berry Hamilton's book.(Full source info is included in response to Craig.   > >   > > There are some differences between your copy below and mine: > > 1) Date will made.  You have  "written May 10, 1771, probated July 5, 1779." The Will  above this last line has "put my hand and seal to the 14th day of May 1779........proved 19th day of July 1779"   > > 2) Last paragraph You have "At Court held for Culpeper County the 14th day of July 1779:   My copy has:  "At Court held for Culpeper County the 19th Day of July 1779"...   > > 3)You have "published in presence of Elizabeth Fowles";   I have "published in the presence of Elisabeth Towles" > > 4) You have Ann Whilon as a daughter; I have Ann Whitten (this was the name as written by John Jameson, County Clerk of Culpeper County, in "An Inventory of the Sale of Mr. John Berrys Dec. Estate........June 19 1780"  The actual Will may look like Whilon > > 5) I  will send copy of the Inventory of the Sale etc. in another E Mail, as it has all the names of the people who purchased the goods, some of whom are Germanna people. > >   > > Barb.  . > > ----- Original Message ----- > > > > > From: gneolog@aol.com > To: "germanna colonies" <germanna_colonies@rootsweb.com> > Sent: Monday, November 7, 2011 3:32:33 AM > Subject: [GERMANNA] John Berry > > This is what I have in my family file -- obviously copied from someone, somewhere-- but no notation from whom or what site. <sigh> Take care. Marilyn > > Will of John Berry (wife: Jemima) & Inventory of Estate (note: called W. John Berry in estate inventory) Culpeper County, Virginia Will Book B (p. 317 - 319) WILL OF JOHN BERRY P. 317 In the name of God Amen I John Berry of the county of Culpeper and Parish of Bromfield in Perfect health and sound mind and memory do make and ordain this my Last will and Testament in manner following - My soul I recommend to Almighty God who gave it me trusting in the merits of a Crucified Saviour to raise me from the Death sin to the life of Rightoufnefs My Body I recommend to be Buried in a Decent manner at the discretion of my Executives hereafter named. And the worldly goods with which it has pleased God to give me I give and bestow in the manner following viz Inprimises I lend my loving wife Jemima the land whereon I now live and three of such negroes as should belong to me at the time of my decease she taking her first choice, also three cows and p. 318 One Hourse all my house and Kit!  ch! >  in Furniture & one third part of the working tools as well as the carpenters and other tool during her widowhood but in case she should marry I only lend my said wife Two of the choice of my negroes one House Two Cows and one Bed and furniture to be held and Enjoyed by her during her natural life and after her decease to be distributed amongst my children as I shall hereafter Direct Item the 1st The Residue of my Estate both real and personal I desire and hereby require my Executors hereafter named to sell to the Highest Bidder on Twelve months Credit and the money thence insuing after my Just Debts and Funeral charges are Paid I give and bestow to my well beloved children and their Heirs legal Representatives Lawfully begotten forever (namely Malchiah, Ann Whilon, JOHN, Juriah Yeager, Anthony, Jerusha Stunnell, Acrey, Elijah, Elisha, and Aaron Berry and to the living children of Betty Sutton my Deceased daughter so as that her children may have and enjoy so much of my Es!  ta! >  te as one of my living children may (?) That the said Betty Suttons Ch > ildren may have and Receive an Eleventh part of my Estate both real & Personal and if any of my other children before mentioned should die before this my will takes place I do desire that their children my have the same benefit of Betty Suttons children Item the 2d The Estate that my loving wife Jemima may Keep during her natural life I direct my Executors hereafter named as soon as may be conveniently be after my wifes p. 319 Death to sell and distribute as the other part of my Estate Item the 3d I Constitute and appoint my well beloved sons Malchiah and Aaron and my Trusty friend Geo. Witherall Executors of this my last Will and Testament and do hereby revoke all former Wills by me made and do declare this to be my Last Will and Testament In Witnefs whereof I have put my hand and seal the 14th day of May 1779 Signed sealed declared & ) John Berry, L.S. Published in presence of ) Elizabeth Fowles Ann Witherall Mary Witherall John Witherall > >   > >  At a Court held for Culpeper County the 14th day of July 1779 This Last Will and Testament of John Berry deceased was exhibited to the Court by Malechiah Berry and Aaron Berry two of the Executors therein named and was proved by the oath of John Witherall one of the witnefses thereto, and George Witherall > The above is the will of John Berry Sr naming John as his son. Written May 10, 1771  Probated July 5, 1779 > body of the message