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A.2.2e. John Berry

 

Timeline of John Berry and Jane Temple

 

~176012

Esther (Berry) McCord Family Record
Estimated birth date of John Berry in Augusta County, Virginia

~179212

Esther (Berry) McCord Family Record
Estimated marriage date of John Berry to Jane Temple

20 Mar. 1792256,258

Washington County, Virginia Deed Book 1, page 243
THIS INDENTURE made the twentieth day of March One thousand Seven hundred and ninety two Between Thomas Berry Sen.r and Esther his wife of the county of Washington, of the one part, and John Berry of said County of the other part, Witnesseth, that the said Thomas Berry and Esther his wife for and in consideration of the sum of fifty pounds current money of Virginia to them in hand paid, doth bargain and sell unto the said John Berry and his, a certain tract or parcel of Land in the said county of Washington containing two hundred acres lying on the north side of Holston river and Joining the mouth of Wolf Creek, it being part of a Tract granted to the said Thomas Berry by Patent bearing date the second day of October in the year of our Lord One thousand seven hundred and Eighty six and bounded as followeth to wit,
Beginning at a black Oak and White Oak corner to Lowrey and Montgomery and with Montgomery’s lines South thirty five degrees East eighty six poles to a large forked white oak South forty nine degrees East forty five poles to a black Oak and hiccory on the bank of the river, and up the Meanders of the same One hundred and ninety four poles to a Walnut Saplin by the mouth of the creek and up the several courses of the same One hundred and seventy six poles to a forked Walnut, thence leaving said creek south seventy degrees west four poles to a white Oak in a field, North fifty nine west twenty poles to a white Oak sapling by a path, South thirty eight degrees west twenty poles to a hiccory and two white Oak Saplings North forty six degrees west seventy poles to a black oak sapling thence south, forty five west one hundred and seventy eight poles to the Beginning
Together with all it appurtenances to the said John Berry and his heirs, to the sole use and behoof of him the said John Berry and his heirs forever and the said Thomas Berry and Esther his wife for themselves, and their heirs do the covenant with the said John Berry and his heirs that they the said Thomas Berry and Esther his wife and their heirs the said land with all the appurtenances unto the said John Berry and his heirs against all persons whatever will forever warrant and defend, in Witness whereof the said Thomas Berry and Esther his wife hath hereunto subscribed their names and affixed their Seals the day and year above written.
Signed Sealed and delivered in presence of
Thomas Berry (LS)
Ester Berry (LS)
Adam Hope
John Wilson
Samuel Magee

20 Mar. 179256,85,258

Washington County, Virginia Deed Book 1, page 243
At a Court held for Washington County March the 20th 1792.
This Indenture of Bargain and sale between Thomas Berry and Esther his wife of the one part, and John Berry of the other part was “proven” above (unreadable scratched out words) in Court by the [unreadable scratch out] Oath of Adam Hope John Wilson and Samuel McGee subscribing Witnesses thereto and Ordered to be recorded.
Test. Andrew Russell

16 Dec. 1798120

Washington County, Virginia Will Book 2, pages 209-210
In the name of god amen, the sixteenth of December one thousand seven hundred and ninety eight. I, Thomas Berry, of the County of Washington and State of Virginia, being weak in body but sound in mind and knowing that all flesh must yield to death when it shall please god to call, I do hereby make constitute and ordain and declare this to be my last Will and Testament in manner and form following revolking and anuling by these present all and every testement or testaments will or wills heretofore by me made and declare either by word or writing and this to be taken only for my last will and testament and none other and now for the settling my temperate estate and such goods and chattals and debts as it pleased god for above my deserts to bestow on me. I do order, give and dispose the same in manner and form following, And first I do will that all my just debts be paid within convenient time after my decease by my executors hereafter named and seconded, I do give and bequeath to my well beloved wife Esther the third part of all the moveable Estate except the negros as I have left her the third part of the price of my land already. I do leave to my son George a negro named Adam and all my wearing apparel and George is to give to my daughter Rebeckah fifty dollars. I do also leave to my daughter Esther a negro girl named Phili to her and her heirs and if the girl has any children they are to go to Esther and her heirs, also my negro woman named Tawney I do allow her to be free and I leave her a milch cow. I also leave to my son John, four dollars. I also leave the rest of my estate to my children hereafter named, son James, son Thomas, my daughter in law Mary Berry, wife to son William deceased, my daughter Mary, my daughter Barbara, daughter Rebeckah, my daughter Elizabeth, my daughter Susannah, my son Francis to be equally divided among them. I also leave to my grandson Thomas Dryden my best saddle. I also will that David Dryden and Samuel McChesney and David Lowry shall be my Executors given under my hand and seal this sixteenth of December 1798.
Thomas Berry LS
Witnesses present
Jonathan Dryden
William Palmer

4 Dec. 1804532

Washington County, Virginia Deed Book 3 page 214
Mississippi Territory, Adams County
I, Benjamin Seamans Clerk of the County Court for the County of Adams aforesaid hereby certify that at a County court continued and holden for said County at the Court house thereof one monday the third day of December one thousand eight hundred and four John Berry & Jenny Berry his wife came into the said Court and acknowledged the within Indenture of bargain & sale to William Temple to be their voluntary act and deed the said Jenny Berry having been first privily examined seperate & apart from her husband as the law directs & thereby freely relinquished all her right title & Interest to the same. In testimony whereof I have hereunto set my hand & affixed the seal of said County this 4th day of december 1804.
Ben. Seamans Clk.
Mississippi Territory, Adams County
I Samuel Brooks presiding Justice of the County Court of the County
(S. S.) aforesaid do hereby certify that Benjamin Seamans who hath signed the above certificate is Clerk of said County that full faith and credit is due to all his official acts as such. Given under my hand and sealt this fourth day of december 1804
(Seal)
Sam.l Brooks JCC
At a Court held for Washington County this 19th day of February 1805
This Indenture of bargain and sale was exhibited into Court and together with the certificates of acknowledgment and authentication, ordered to be recorded.
D. Campbell DC

19 Feb. 1805532

Washington County, Virginia Deed Book 3 page 212, 213
THIS INDENTURE maid and concluded this third day of december in the year one thousand eight hundred and four [insert “by and”] between John Berry and Jenny his wife of Wilkinson County & Mississippi Territory of the one part and William Temple of Green County & State of Tennessee of the other part WITNESSETH that the said John Berry & Jenny his wife for and in consideration of the sum one thousand dollars to us in hand paid the receipt whereof is hereby acknowledged hath barganed and sold, and by these presents do bargain sell and alien infeoff and confirm unto the said William Temple his heires & assigns forever a certain tract or parcell of land containing two hundred acres lying & being in the County of Washington & State of Virginia on the north side of Holston river and joining the the mouth of Wolfe creek it being part of a tract granted to Thomas Berry by patten bearing the date the surcand day of October [insert “in the year”] one thousand and seven hundred & eighty six, and bounded as follows viz

Begining at a black oak & white oak corner to Lowry and Mongomery & with Montgomery’s lines South thirty five degrees East eighty six poles to a large forked white oak thence South forty nine degrees East forty five poles to a black oak & hickery on the bank of the river thence up and with the different meanders of the same one hundred & ninety four poles to a walnut sappling by the mouth of the creek thence up the several courses of the same one hundred seventy six poles to a forked walnut thence leaving said creek South seventy degrees West for poles to a white oak in a field thence North fifty nine West twenty four poles to a white oak Sappling by a path thence South thirty eight degrees West twenty poles to a hickery & two white oak Sapplings thence North forty six degrees West seventy poles to a black oak Sappling thence South forty five West one hundred & seventy eight poles to the begining

with all & singular the woods, waters, water courses, profits commodities, hereditaments, and appertainances whatsoever to the tract of land belonging or appertaining and the reversion & reversions, remainnder & remainers rents & issues thereof and all the Estate right title interest property claim & demands of them the said John Berry & wife & their heires & assigns forever of in and to the same and every part and parcel thereof either in law [insert “on”] Eiquety to have & to hold the said two hundred acres of land with the appertainances unto the said William Temple his heires and assignes forever against the lawfull title claim & demand of all & every person or persons whatsoever will warrent & forever defend as a free clear and indefeasaable inheritace in fee simple In Witness where of the John Berry & his wife hath hereunto set there hand & affixed there seal the day and date above written
Jn. Berry (seal)
Jenny Berry (her mark) (seal)
Signed sealed & delivered in the presence of
Samuel Cutney Mahon G. Poindexter

1805693

State Census Wilkinson County, Mississippi Territory
John Berry
2 white males > 21                      John (~45), ?
0 Free White Males < 21
3 white females                           Jenny, ?, ?
0 Free Males Not White > 21
1 slave
Total in household: 6

5 Nov. 1810682

State and Territory Census Amite County, Mississippi Territory, page 6
John Berry
1 White Male > 21                    John (~50)
0 White Males < 21
1 White Female > 21                Jenny
2 White Females < 21
4 Total Whites
0 Free Persons of Color
6 Slaves

29 Oct. 1816683

Greene County, Tennessee, Will Book ___, page ____
I, Major Temple of the County of Greene and State of Tennessee do declare this my last Will and Testament, revoking all others. First. All my just debts are to be punctually and speedily paid.
Item. To my beloved Wife Mary Temple I bequeath the prerogative or use of my dwelling house and kitchen during her natural life, two beds, bedsteads and furniture, my household and kitchen furniture, her saddle and bridle, my wearing apparel, One hundred Dollars in Cash, my servants Phebe, Jack and Lydia, one horse beast and three cows of her choice, to be at her disposal at her death except the dwelling house and kitchen.
Item. To my son Thomas Temple, I bequeath my servant boy Ivy should said boy survive me, but should he not, then to my said son Thomas an equal dividend of my estate with my son James and heirs of my son John as hereinafter mentioned.
Item. To my son James Temple. I bequeath the whole of my farm and tract of land whereon I now live, containing two hundred and forty acres, to be enjoyed by him, his heirs and assigns forever. Also, my farming utensils including gears sufficient to work the plows with a sufficiency of my stock of every description (horses excepted) for the comfortable subsistence of the family he may then have charge of, and also the services of my servants Phebe, Jack and Lydia in assisting to raise and secure the Crops, and any other business tending to the benefit and progress of the farm and his own convenience, yet he is not to command their services unreasonably or at such times as might produce inconvenience to my beloved wife, without her consent. In consideration whereof my said son James Temple shall find and provide for my beloved wife Mary Temple during her natural life, a comfortable living and suitable attention in her infirm and declining state of health. He is likewise to provide a suitable and sufficient subsistence for said Servants and Stock of my Wife during her natural life.
Item. My Horses, wagon, the residue of my beds and furniture with all other property of mine not herein enumerated and bequeathed, shall be sold by Executors for the best prices that can be had.
Item. To my son in law and Daughter, John and Jinney Berry, I bequeath the sum of twenty dollars, and to the heirs of my son William Temple, twenty dollars jointly, they having already received a reasonable proportion of my Estate.
Item. To my son John Temple’s Heirs and James Temple, I bequeath the residue of monies arising from the sale of my Estate, One half to said Heirs and the other half to said James Temple, and the Debts due me to be divided between them in the same manner... first discharging out of said monies, my debts, funeral charges and legacies aforesaid.
Item. To my Daughter in law, Isabella Temple, I allow one half of the grains and crop on hand, she with my two grand Daughters as Heirs of my son Josiah Temple, Dec’d. having received of my son James Temple his notes for seven hundred and seventy five dollars in full of all claim
they might have in my estate.
Item. I constitute and appoint my sons Thomas, and James Temple Executors of this my Will. In Testimony whereof, I , the said Major Temple have hereunto subscribed my name and affixed my seal this 8th day of August in the year of our Lord, 1816
Major Temple
witnesses:
Josiah Clawson
Christopher Bradshaw
And to the heirs of my son William Temple twenty dollars jointly interlined before signed.

 

Analysis of the Timeline

 

     John Berry’s birth date is estimated to have occurred some time between 1758 and 1761, based on the known birth dates of his next oldest and youngest siblings and the birth order sequence of his siblings as relayed by his youngest sister (Esther (Berry) McCord, through her family history record. The headstone of Barbara Berry, his next oldest sibling, lists her birth date as 1757. A pension application by his next youngest brother, Francis Berry, lists his birth date as 1762, and, since the birth order, as established in the Esther (Berry) McCord family record lists him as being born between Barbara and Francis, a narrow date range for John’s birth date can be accurately surmised.12,601,1178

 

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Last Revised: 11/11/2013Ad