Hello Lists, The following is for David Middleton Edelen II. Don't have his e-mail address so I'm posting to the two lists in hopes that David is on one of them. I found this deed where Samuel Berry is selling his tract of land called Smallwoods Plains being in Charles Co., MD 1816. David, I hope I have the correct Berry. And please let me know if it is of help to you. I look forward to hearing from you. Shirley Middleton Moller CCLR IB 11:368 At the request of Jame M Murray the following Deed was recorded this 29th day of July Anno Domini 1816~ This Deed made this sixteenth day of May in the year of our Lord one thousand eight hundred and sixteen Between Samuel Berry of the County of Washington in the District of Columbia of the one part and James M Murray of Charles County in the State of Maryland of the other Part witnesseth that the said Samuel Berry for and in Consideration of the Sum of one thousand and forty five Dollars to him in hand Paid by the said James M Murray before the sealing and delivery of these presents the receipt whereof he the said Samuel Berry, doth hereby acknowledge and from every part and Parcel thereof doth hereby Acquit exonerate and discharge him the said James M Murray his heirs executors and administrators he the said Samuel Berry hath granted bargained Sold aliened enfeoffed and confirmed and by these presents doth grant bargain sell alien enfeoff and confirm unto the said James M Murray his heirs and assigns All that tract or parcell of land lying and being in Charles County called and known by the name fo Smallwoods Plains (with the exception of fifty acres sold to Ignatius Gardiner three acres sold to Basil Spalding and one acre reserved for the purpose of burying the dead which has heretofore been used as burying Ground) Beginning at a stand where formerly stood a red oak at the head of the Hortleberry swamp and running thence east seventy six perches thence north by west sixty perches, thence north west by North fifty six perches thence west by north eighty perches thence west one hundred and sixty perches, thence south west by west thirty six perches thence east south east forty five perches thence south south east one hundred and twenty four perches thence south east two hundred and eithty four perches then to the beginning Containing in the whole three hundred acres of land but leaving after deducting the Parts of said tract above accepted the number of two hundred and forty six acres together with all and singular the buildings improvementws members priviledges and appurtenances thereunto belonging or in any wise appertaining and the reversions and remainders rents issues and profits thereof and all the estate right title and interest whatsoever of him the said Samuel Berry both at law and in equity of in and to the said tract or parcel of land and premises hereby bargained and sold or meant mentioned or intended hereby so to be and every or any part or parcel thereof (excepting fifty four acres as above mentioned) To have and to hold the said tract or parcel of land so as aforesaid described called Smallwoods plains or by whatsoever name the same may be called together with the buildings and appurtenances and all and singular the premises hereby bargained and sold or meants mentioned or intended hereby so to be and every part and parcel thereof with their and every of their appurtenances unto the said James M Murray his heirs and assigns forever and to and for no other use intent or purpose whatsoever and the said Samuel Berry for himself his heirs executors and administrators doth hereby grant promise and agree to and with the said James M Murray his heirs executors administrators or assigns that he the said Samuel Berry and his heirs the said tract or parcel of land and premises hereby granted bargained and sold and every part and parcel thereof with the appurtenances thereunto belonging to him the said James M Murray his heirs and assigns against him the said Samuel Berry and his heirs and against all and every person or persons whatsoever claiming or to claim any right title or interest in and to the same or any part there of shall and will here after warrant and forever defend by these presents In Witness whereof the said Samuel Berry hath hereunto Subscribed his name and affixed his Seal the day and Year first herein before written Signed sealed and delivered Samuel Berry seal in presence of Dan Smallwood Horatio Moore At the foot of the Afore going Deed is thus written to wit~ Maryand Charles County to wit on this sixteenth day of May in the year of our Lord one thousand eight hundred and Sixteen personally Appears Samuel Berry of Washington County in the District of Columbia being the Party Grantor above named before us the subscribers two Justices of the Peace in and for said County and Acknowledged the above deed or instrument of writing to be his Act and deed and the lands and Premises therein mentioned and thereby bargained and Sold t be the right and estate of the above named James M Murray party grantor also there in named his heirs and Assigns forever According to the purport true internt and meaning of the said Deed and the Acts of Assembly in such case made and Provided At the same time personally Appears Mary Berry wife of the said Samuel Berry before us the Subscribers two Justices of the Peace as aforesaid and Acknowledges the said Deed or instrument to be her Act and Deed and the lands and premises therein mentioned to be the right and estate of the above named James M Murray his heirs and Assigns forever And the said Mary Berry being by us examined apart from and out of the hearing of her husband declares that She makes her Acknowledgement voluntarily and without being induced thereto by fear or threats of her said husband or fear of his displeasure Taken and Certified the day and year above written. Dan Smallwood Horatio Moore
Hello Shirley and all, Good to hear from you and thanks for the info about that landsale. In my youth, when visiting Maryland and my grandmother and her sisters, they used to talk of the old days, who we were related to, what land our families used to own, etc.. I vaguely remember hearing the name Smallwood and Smallwood plains. But Oh how I wish I had've listened more and asked more questions. They are all dead now and along with them all their vast family knowledge and history. As I have said before, at the time of her deat in 1994-5my grandmother owned around 93 acres of land she always said was called Friendship and had been in her Berry family for ages. But I have also heard it was originally Edelen land. I grew up in Alabama and know no other relatives other than my 1st cousins and a couple of 2nd cousins on my Berry side. But the ones who knew anything, my Grandmother Eloise Gilmore Berry (rs. David Middeleton Edelen), and my Great-Aunts Marguarite Berry Tubman, Azine Berry Carroll, and Jean Berry Lyons, are all passed away now. Unfortunately I am unsure about anyone past my great great grandfather Thomas Baker Berry. I have heard various scenarious from various people, and a lot of people here and there have graciously sent me info, but nothing concrete in tying into Great Great Grandpapa Berry. But once someone sent me some info on a Berry who came to Charles County back in the old days from Virginia whose wife's maiden name was Baker. I have since lost that info and wish I still had it because one time my grandmother said we were not kin to the other Berrys in Charles County, or at least not closely. I have probably sent this before, but below is an excerpt from my Berry file which is all I have on Judge Berry. I hope it is of some interest to some. I also wonder where the other descendents of his and his children are these days. Besides actual info you will see my own notes for the benifit of my family members" ------------------------------------------------------------------ I. JUDGE THOMAS BAKER BERRY, Born Abt. 1806--Died sometime between 1880 and 1887, closer to 1887 due to the fact that he was on the 1880 census, being 74 years old, and then he was listed on a list of dead to be removed from voters list in 1887 newspaper: see below. The following was found under "The National Intelligencer", 1800-1850, under the National Genealogical Society web site www.ngsgenealogy.org : BERRY, Thomas B. and Jane L. LANCASTER, daughter of Washington F. Lancaster, all of Charles Co., Md., were married Feb 17 by the Rev. Mr. Neale. (Feb. 24, 1835 - date published) -M- 2/17/1835 by Rev. Neale JANE MARSHALL LANCASTOR, Born Abt. 1817--D. (?). NOTE: Jane was the daughter of Mr. Washington F. and Sarah (Marshall) Lancaster. According to my grandmother, Eloise Gilmore (Berry) Edelen, Jane's mother, Sarah Marshall, was of the Marshall family of "Marshall Hall" fame of Charles County, Md.. Judge Thomas Baker Berry, besides being a Tobacco Farmer and a member of the "Landed Gentry" of Charles Co., Md., was also in the legal field and eventually a Judge working out of Port Tobacco much of the time. According to various family members, including the granddaughters of Judge Berry, he owned thousands of acres of land in Charles County, Md., and hundreds of slaves. That might be an exaggeration, but then he might have had holdings all over Charles and Pr. Georges Counties, Md.. According to the 1860 census records he owned 25 slaves. Also, according to his granddaughter, my grandmother, he did not believe in abusing slaves and treated them as family. Also, he was known for the fact that he did not believe in separating slave families. If he bought or sold one, it was with the stipulation that the slave's immediate family went with him/her, and not to be separated later either. POSSIBLE SERVICE IN THE WAR FOR SOUTHERN INDEPENDENCE: There was a Corporal Thomas B. Berry who fought in the War for Southern Independence in Co. "F", Gray's Virginia Cavalry. If it was our Thom. B. Berry then it was probably Judge Berry's son Thomas Baker Berry, Jr., who would have been about 20 yrs old in 1860, being born in 1841. Judge Berry would have been 55 in 1860 and probably too old to go off campaigning and fighting. But who knows?!? A lot of older men fought. Perhaps the National Archives can shed light on this. NOTE: The following are where Judge Berry was named in some items in the "Port Tobacco Times and Charles County Advertiser" naming some of his duties in the 1840s and '50s: "Port Tobacco Times & Charles County, Advertiser, Vols 1-6, by Roberta J. Wearmouth Heritage Books Archives CD 1356 {Notes are from Morris L. Ferguson and were not in the Source Records} M.L.F. Thomas Baker Berry - named in following items. ============================================== (1.) 2 Apr 1846, Vol II, No 8, Pg 16 Justices of Magistrate Court (2.) 24 Feb 1848, Vol IV, No 43, Pg 32 Petit Jurors (3.) 6 Apr 1848, Vol IV, No 49, Pg 37 Letter in Port Tobacco Post Office {Note- Apparently the P.O. advertised when mail was not picked up} (4.) 22 May 1850, Vol VII, No 3, Pg 60 Whig District Meetings Middletown District (5.) 17 Jul 1850, Vol VII, No 11, Pg 65 Whig meeting to nominate 4 candidates to State Constitutional Convention (6.) 15 Jan 1851, Vol VII, No 37, Pg 84 Petit Jurors (7.) 15 Oct 1851, Vol VIII, No 23, Pg 98 Named Clerk of Circuit Court (8.) 18 Feb 1852, Vol VIII, No 42, Pg 108 Grand Juror (9.) 23 Jun 1852, Vol IX, No 8, Pg 113 Thomas B. Berry notifies each person whose fencing joins his to not continue this joining after 1852. (10.) 24 Feb 1853, Vol IX, No 43, Pg 135 Petit Juror (11.) 12 May 1853, Vol X, No 2, Pg 138 Peregrine Davis, Justice of Peace, states that Thomas B. Berry brought a stray mare to him. Berry lives near TROY, Charles County, MD. (12.) 24 Feb 1853, Vol X, No 11, Pg 141 one of five delegates of 3rd District named to a committee to nominate 20 people to be delegates to the Port Tobacco Meeting. { note Thomas was first in list! In the list of 20 there is Francis Montgomery and Samuel T. Berry !} (13.) 14 Dec 1854, Vol XI, No 33, Pg 188 Citizens of Croomes' district will petition the Commissioners "...to open and make public a road - commencing at the road leading from Port Tobacco to Piscataway and running through lands of Mrs. Beale, S. F. Gardiner, Richard L. Smallwood and Thomas B. Berry, hitting on road at TROY, which road leads from Port Tobacco to Piscataway..."Sylvester F. Gardiner, Thomas B. Berry and Richard L. Smallwood. May 6, 1858, Volume XV, Number 2 "John W. Guy died at his home residence in Pomonkey District evening last, 45 years old. W.G. Robey, Esq. declined to serve s Judge of 3rd Election District. Thomas B. Berry, Esq. appointed by County Commissioners to replace him." May 7, 1868, Volume XXV, Number 1 Thom. B. Berry listed as Grand Juror Sept. 3, 1868, Volume XXV, Number 18 "Judges of Election": Thom. B. Berry listed as one of three Judges for 6th Election Dist.-Middletown. March 19, 1869, Volume XXV, Number 46 Thom. B. Berry listed as a Grand Juror. May 20, 1870, Vo. XXVII, No. 3 Circuit Court Convened John W. Spencer (Colered) indicted for stealing a horse, property of Thomas B. Berry, Esq., at Troy. In 1870s Thom. B. Berry was Judge of Election (1.) Sept. 23, 1887, Vol. XLIV, No. 15 Dead-Thomas Berry, Sr. -------------------------------------------------------------------------------------------------------------------------- The following is something I found in the Maryland Archives: EXECUTIVE PROCEEDINGS OF THE SENATE OF MARYLAND, IN EXTRA SESSION. January, 18666. ANNAPOLIS: HAVERSTICK &. LONGNECKERS, PRINTERS?, 1866. THURSDAY, February 6, 1866. The following nominations were received from His Excel- lency Governor Swann, on the Pith instant: STATE OF MARYLAND, EXECUTIVE DEPARTMENT, Annapolis, February 5, 1866. To the Senate, Gentlemen: The following nominations which had been received from his Excellency, Governor Swann, on the 5th instant, were read, and On motion of Mr. McMaster, Were referred to the committee on Executive Nominations, with instructions to report them to the Senate to-morrow at five o'clock, P. M. JUSTICES OF THE PEACE: CHARLES COUNTY, 1st District- William B Carpenter, Addison Marbury, Thomas I Speake, William P Flowers. 2d District- William Boswell, Samuel T Swann, John M Latimer. 3d District- William McDaniel, Thomas B Berry, J B Sheriff. ----------------------------------------------------------------------------------------------------------------------------------------------------- CHILDREN OF JUDGE THOMAS BAKER BERRY & JANE MARSHALL LANCASTOR: ISSUE: 1. Mary Marshall Berry, b. abt. 1839. 2. Thomas Baker Berry, Jr., b abt. 1841. 3. Alice Victoria Berry, b. abt. 1843. 4. Ann M. Berry, b. abt. 1844. 5. Albert M. Berry, b. ca 1846. 6. Julian ? (male) Berry, b. 1849. 7. Alzine Sarah Berry, b. 1856. 2nd wife of Dr. Alexius Llewellyn Middleton. 8. Parker Berry ( He died young and his birthdate is unknown). 9. *Thaddeus Clifford Berry, b. 7/2/1860--d. 721/1949-m-Anne Gilmore Montgomery, b. 6/2/1870--d. 1/24/1966 (See below).