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A.2.2.f.  Francis Berry

Timeline of Francis Berry, Nancy Berry and Sarah (Unknown Maiden Name) Oliver

176212,601 Revolutionary War Pension Application of Francis Berry
Francis Berry born in Augusta County, Virginia
177229,100 A Berry History, An Account of John and Jane Campbell Berry of Washington County, Virginia
Nancy Berry born in Fincastle County, Virginia
18 April 178156 Annals of Southwest Virginia, 1769 - 1800
At a Court continued and held for Washington County
Ordered that Josiah Gamble, Francis Berry Jun. and Adam Kerr review the way for a Road from the Court House to the great Knobs and make report to next Court.
~1785 - 1790597,598 Sons of DeWitt Colony Texas: Inhabitants DeWitt Colony 1828
Federal Census 1850 Caldwell County, Texas
Approximate birth date of Sarah (Unknown Maiden Name) Oliver in South Carolina
15 Aug. 178680 Washington County, Virginia Will Book 1, page 117
I, John Berry of Washington Co., do desire that the small portion of goods that God has pleased to bless me with should be disposed of in the following manner (to wit) that so much be sold as will pay all lawful debts of such things that can be best spared. Second, that my possession of land be held and improved for the support of my wife and small children until they be grown up to labor for the support of themselves and then to be valued and each of my sons and wife having an equal share which shall be paid by the two eldest unto the two youngest my wife having still having her choice whether to demand her share in money or retain her claim in land. Third, as for my household furniture to be equally divided between my wife and Sarah and Nancy. Fourth, after choice being made of two head horses and two milk cows for the better support of my family (Made by my wife) The residue to be sold and divided between my wife and children observing one third to be added to my wife and each of my daughters over and above the portions of my sons A bond of nine pounds eight shillings to be paid in hard money on old trade by Wilas Enyart to be collected and applied for the use of schooling my children. Whereunto I set my hand this tenth day of December One Thousand Seven Hundred and Eighty.
1792601 Revolutionary War Pension Application of Francis Berry
Francis Berry left Washington County, Virginia for Tennessee (according to his pension statement)
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
1801491 Washington County, Virginia Personal Property Tax List
Francis Berry
1 White Tithable Francis (39)
12 April 180223 Marriages of Washington County, Virginia
Francis Berry married Nancy Berry in Washington County, Virginia
1802491 Washington County, Virginia Personal Property Tax List
Francis Berry
0 White Tithables
1 Horse
12 Feb. 1803597,598,599 Family Files of Sterling Price Berry
Sons of DeWitt Colony Texas
1850 Federal Census Cole County, Missouri
John Berry born in Washington County, Virginia
25 Mar. 1808597,599 Family Files of Sterling Price Berry
Sons of DeWitt Colony Texas: Biographical Sketches: Francis Berry & Esther Berry House Floyd Clark, Alamo Widow
Esther Berry born in Brooke County, Virginia (?)
~1808 - 1812599 Family Files of Sterling Price Berry
Estimated Death of Nancy (Berry) Berry in Missouri
~1813599,604 Family Files of Sterling Price Berry
Petition of John Oliver, Jr. Caldwell County, Texas, First District Court,
Spring Term, File No. 316
Francis Berry marriage to Sarah (Unknown) Oliver, widow (estimated) in Missouri
~1814597 Sons of DeWitt Colony Texas: DeWitt Colonists of 1828 by Census
Approximate birth date of Nancy Berry in Missouri
~1817597 Sons of DeWitt Colony Texas: DeWitt Colonists of 1828 by Census
Approximate birth date of James Berry, fourth child, in Missouri
~1818597,605 Sons of DeWitt Colony Texas: DeWitt Colonists of 1828 by Census
Family Files of Charlsie English Moore
Approximate birth date of Tilman Berry in Missouri
~1820597 Sons of DeWitt Colony Texas: DeWitt Colonists of 1828 by Census
Approximate birth date of Laurehama Berry in Missouri
April 1822606 Cole County, Missouri April Term, Circuit Court, Book 1, page 12
State of Missouri v. Isham Harril
Francis Berry came into court and acknowledged himself indebted to the State of Missouri in the sum of $50 to be levied on his goods and chattels and to the use of the State to be rendered yet to be voided on the condition that he appear at the next term of this court to give evidence against Isham Harril in behalf of the State and not to depart without leave of the court.
1822
Dec. 1822606 Cole County, Missouri December Term, Circuit Court, Book 1, page 15
State of Missouri v. Isham Harril
The defendent appeared in the discharge of his recognizance, also appeared the prosecuting attorney in behalf of the State, on his motion with the leave of the court nolle prosegni is entered therefore it is conceived by the court that said dft. is discharged and to go hence without delay and Francis Berry a witness recognized at the last term in behalf of the State, who being called came not, and it therefore considered by the court that his recognizance entered into for his appearance at this term be forfeited and that process issue thereon.
12 May 1825597,599,607 Sons of DeWitt Colony Texas: DeWitt Colonists of 1828 by Census,
History of Texas from 1685 to 1892

Francis Berry and family arrive in Dewitt Colony at Gonzales, Texas, settling on Kerr’s Creek
1828597

Sons of DeWitt Colony Texas: DeWitt Colonists of 1828 by Census
Francis Berry, married, [entered] May 12 1825, 6 [family members]

Name

Marital Status

Age

Gender

POB

Elizabeth Berry 

widow

43

F

MO

Nancy Berry

 

14

F

 

James Berry

 

11

M

 

Rheney Berry

 

8

F

 

Tillman Berry

 

6

M

 

1 horse, 16 cattle, 23 hogs. ["Viuda," or "widow."]
The name ‘Elizabeth Berry, widow’, is, without question, ‘Sarah’ (Unknown) Oliver Berry since Francis’ wife is ‘Sarah’ on multiple deeds and other primary source documents and in 1855 lawsuit by her grandson, John Oliver, Jr, he states that Francis and Sarah came to Texas as a
married couple. Her daughter was named Elizabeth, but was certainly NOT 43 years old. This record of Sarah and her BERRY children is a simple mis-recording of Sarah’s name, possibly interviewing her daughter Elizabeth (Oliver) Taylor.

1828597 Sons of DeWitt Colony Texas: DeWitt Colony Landholders & Residents of 1828 by Land & Other Records
Residents by census

Name

Marital Status Date of Arrival in Area Size of Family
Joseph de La Baume   Nov 4 1828  
Francis Berry married May 12 1825 6
Joseph Campbell married Mar 22, 1827 7
William Chase married Aug 30, 1826 3
Marjila Chirino widow May 30, 1828  
Harriet Cottle widow Nov 12, 1827 2
Abraham Denton single Jul 16, 1825 1
Edward Dickinson single Apr 25, 1825 1
Patrick Dowlearn single Jun 24, 1827 1
Benjamin Duncan single Oct 16, 1828 1
George Foley widower Nov 20, 1827 1
Eligio Gortari   May 27, 1828  
Eben Haven married Jul 13, 1827 2
Richard Heath single Oct 24, 1828 1
Gerron Hinds married Apr 13, 1825 2
George C. Kimble single Mar 5, 1825 1
Jesse Robinson single Sep 10, 1827 1
John Roe single Apr 25, 1827 1
Lt. Don Jose Salinas   Jul 4 1827  
Erastus "Deaf" Smith   Jul 1825  
John Smothers widower Sep, 1828 4
Darwin M. Stapp single Jun 4, 1828 1
James Tumlinson single Dec. 1828 1
15 May 1831599 Texas General Land Office Records for Francis Berry
Third Seal Two Reals
Legalized by the State of Coahuila and Texas
For the term of 1828 and 29, 30 and 31 Williams
No. 12
Class 7
Senor Commissioner
Francis Berry a native of the United States of the North before you the solemnities of the law permitting. I appear and say, That being one of the persons admitted by the Empresario Green DeWitt to settle on the lands of his Colony as provided by the Colonization law of the State, as evidenced by the certificate which I respectfully include, which denotes that I arrived in this Colony on the 12th Day of May 1825 being married and having four children two of which are male children, and being up to this date without the title of possession of the land corresponding to me as settler. I petition you that, in attention to the length of time I have suffered as one of the first settlers, by the frequent hostilities of the barbarous Indians, in danger of losing my life and interests, you may please extend to me the title of possession which only includes the survey of a superficies of 24,000,000 varas, which land is situated on a branch of the main Creek that enters from the East side into the River San Marcos, reserving that the league be completed by the labor that is wanted and for which I shall opportunely petition, in which I shall receive favor.
Gonzales May 15th 1831
Francis Berry
Town of Gonzales May 15th 1831
To the Empresario Green Dewitt in order that in continuation, he inform my by writing if the petitioner is the true owner of the certificate he includes, if it is legitimate, and true as respects what he says in is petition, particularly if the land he claims is entirely vacant, and also of anything that may present itself to him, in order that I may decree what may be necessary.
Navarro
Town of Gonzales May 15th 1831
Senor Commissioner
In attention to the foregoing decree from you I say that the petitioner is one of the Colonists introduced in my Colony, being one of the first, wherefore I consider him one of the worthy the favor he solicits, and because his interests have suffered by indian incursions and that what he states in his petition is true, and the certificate he includes in his petition is true legitimate, also that the land is vacant and included in the limits of my Colony.
Green Dewitt
Let the title of property be delivered to him, that by means of it, he may possess and enjoy it according to the law, thus by this act I decree it and sign in said Town of Gonzales on the 15th Day of May 1831, which I certify.
Jose Antonio Navarro
In the said Town of Gonzales on the same day moth and year above the Citizen Jose Antonio Navarro Special Commissioner for the Supreme Government of the State of Coahuila and Texas for the distribution and possession of vacant lands in this Colony contracted by the Empresario Green Dewitt with said Supreme Government, Consequent to the foregoing Act and whereas, Francis Berry having been received as Colonist in the Colonization Enterprise above mentioned according to the foregoing report of the Empresario, the said Francis Berry having proven that he is married, and being one of the earliest settlers of this Colony where he suffered the incursions of the barbarous indians and possessing also the requisites prescribed by the Colonization laws of the State of the 24th March 1825, in conformity with said law, the contract, the instructions of the 4th September 1827 and the Commission conferred on my by his Excellency the Senor Governor of the State in his order of the 29th Jany of the present year 1831, In the name of the same State I grant, confer and put in possession real and actual Corporal and vitual, the aforesaid Francis Berry of a superficies of 24,000,000 varas of land, reserving one labor which will be given him when he petitions for it, in order to Complete the league, which 24,000,000 varas having been surveyed by the scientific surveyor Byrd Lockhart previously appointed in legal form, resulting in being in the situations and boundary following. Situated on a branch of the main Creek which enters on the North East side, into the river San Marcos, beginning the line in a prairie to the West of the main Creek and from which point a Mesquite 9 in dia. bears N7o6 at 36 varas distance, thence S60oW 6000 varas to the South West landmark a Mesquite bearing from it N48oE at 34 varas 9 in dia. thence on a right line N 30 West 4000 varas to the North West Corner which is indicated by a Spanish Persimmon 12 inches dia. which stands to the South 10o West at 42 1/2 varas distance, thence N60o East 6000 varas to the North East landmark from which a Live Oak 24 in dia. bears S42o East at 62 varas distance, and thence to the beginning S30o East 4005 varas, completing the limits of the 24,000,000 varas as shown by the original exising field notes.
This said land according to my knowledge and understanding pertains to the pasture Class which serves as classification for the price he should pay to the State according to Article 22 of said law under the penalties therein established, being notified that within the term of one year he should construct permanent landmarks in each angle of the land, and that he should settle it and cultivate it in conformity with what is proved by said law..
Therefore, Using the powers vested in me by the proper law and consequent instructions I issue the present instrument and I order that a testimonio of it be taken and be delivered to the party interested that he may possess and enjoy said land, he his children, theirs and successors or who of him or of them shall have cause or right, which I sign with two witnesses of my assistance according to the law on this day of the date hereof.
Jose Antonio Navarro
Assistg Jose Ramon Bedford
Assistg Thos. R. Miller
No. 36
The Citizen Green Dewitt, Empresario to introduce foreign emigrants in the Colony designated to him by the Supreme Government of the State of Coahuila and Texas according to the contract entered into between the said Government and the said Dewitt to that effect
I certify that Francis Berry is one of the Colonists introduced by me in virtue of my contract aforesaid, that he arrived in this Colony on the 12th May 1825, that he is married and his family consists of six persons according to the declaration he presented to me signed by himself and he it appears, that he has taken before the Alcalde, the Oath prescribed in the third article of the Colonization law of the State.
I give this Certificate to said Francis Berry to present to the Commissioner appointed by the Government for the distribution of lands and for issuing titles as evidence that he enters in my said contract.
This document shall be null if it should appear that the said declaration made by the party is false in any part, or if he should go out of this Colony before receiving his title of possession, to settle himself elsewhere.
Green Dewitt
Town of Gonzales February 14th 1830
General Land Office
City of Austin April 9th 1855
I John Buchanan Translator and Recorder of Spanish Deeds in said Office bonded and sworn certify the foregoing to be a correct translation of the original title on file in said Office.
John Buchanan Translator
General Land Office
State of Texas
I Stephen Crosby Comr. of the General Land Office of said State certify that John Buchanan is Translator and Recorder of the General Land Office bonded and sworn, and that the foregoing is a correct translation of the Original title on file in said Office.
In testimony whereof I have hereto set my hand and caused the seal of said Office to be affixed at the City of Austin this 9th Day of April 1855
S. Crosby Comr.
1837597 Sons of DeWitt Colony Texas: Gonzales County Tax Rolls
Francis Berry
1838597 Sons of DeWitt Colony Texas: Gonzales County Tax Rolls
Francis Berry
1839597 Sons of DeWitt Colony Texas: Gonzales County Tax Rolls
James Berry
Francis Berry
Alfred Berry
10 Feb. 1844603

Gonzales County, Republic of Texas Deed Book D, page 43
Know all men by these presents that we, Francis Berry and Sarah Berry wife of said Francis Berry both of the County and Republic aforesaid for and in consideration of the natural love and affection of our son of the County and Republic aforesaid and the further consideration of the sum of one hundred dollars to us in hand paid by said Tillman Berry the receipt of which is hereby acknowledged have this day contracted and bargained sold and released and by these presents do freely and fully sell convey release and confirm unto said Tillman Berry his heirs and assigns all of a certain tract or parcel of land situated in the County foresaid on the waters of the clear fork of Plum Creek being a part of the headright survey of twenty four labors of land No. 12 in class No. 9 granted to the aforesaid Francis Berry as a colonist of Green Dewitts colony and bounded as follows (viz) Beginning at a take on the west line of Frances Berrys survey the most North west corner of a survey of six hundred acres of land deeded to James Berry by said Francis Berry and Sarah Berry from which a Post oak 13 inclues in diameter and bears S. 30 W. 11 varas and another 4 inches in diameter and bears S. 65 E. three varas thence running north thirty one degrees West five hundred and sixty five varas to a stake from which a Blackjack tree bears North sixty eight degrees West N. 68 W. fourteen varas and a post oak tree 9 inches in diameter bears S. 78 E. 8 5/10 varas, thence running North fifty nine East N. 59 E. six thousand varas to a pile of rock on the east line of said Francis Berrys survey from which a musquat tree 8 inches in diameter bears S. 78 E. eighteen varas thece running with the east line of said survey sourth thirty one east to a pile of rock the nost N.E. or north corner of said James Berrys tract of six hundred acres of land from which a musquat tree bears N. 3 E. 56 varas thence running with the north line of said James Berrys tract to the place of beginning containing six hundred acres of land be the same more or less together with all and sigular the rights profits immoluments and appertinances to the same belonging or in any wise incident of apportaining unto the said Tillman Berry his heirs and assigns unto their own proper use and behoof and we Francis Berry and Sarah Berry do hereby bind ourselves our heir executors and administrators forever to warrant and defend unto the said Tillman Berry his heirs and assigns the title of the before described premises against the claim or claims of any other person or persons whomsoever lawfully claiming or to claim the same or any part thereof as witness our hands and seals this the tenth day of February one thousand eight hundred and forty four.
Francis Berry (seal)

Sarah Berry (her mark) (seal)

Attest
A. Swift
Benjamin (his mark) Duncan
Republic of Texas County Gonzoles
Before me Exekiel Williams, County Clerk in and for said County personally came Arthur Swift one of the attesting witnesses to the foregoing deed and on oath saith that he signed his name to the foregoing deed and that Francis Berry and Sarah Berry subscribed their names to the seals of the foregoing deed and acknowledged that they done the same for the uses and purposes contained in the same for the uses and purposes contained in the same.
In testimony of all of which I here unto subscribed my name and affix my private seal (having no seal of office) Gonzoles the 10 day of Feb A. D. 1844.
Ezekiel Williams C.C.C.C.

1844 February the 10th Filed for record in the County Gonzoles
E. Williams C.C.C.C.
April the 7th 1844 Recorded in Book D of deed in page 43 Gonzoles County E. Williams
Filed in my office for record July 19th 1852 at 1/2 past 9 o’clock A.M.

10 Feb 1844604,608 Esther Berry House Floyd Clark: A Pioneer Woman and Her Family
Gonzales, County Republic of Texas, Deed Book D
Petition of John Oliver, Jr., Caldwell County, Texas, First District Court, Spring Term File No. 316

Francis Berry and Sarah Berry, his wife, execute four deeds, each of which transfered approximately 600 acres to the following children:
James Berry, Laurauhana (Berry) Neill, Elizabeth (Oliver) Duncan, and Esther (Berry) Clark. (Esther Clark’s deed is in Deed Book D, Page 70.)
16 Dec. 1847613,614 Petition for the Creation of the County of Plum Creek (later Caldwell County, Texas)
Francis Berry
Tillman Berry
20 Feb. 1848609 Caldwell County, Texas 1848 Tax List
James Berry
Tillman Berry
Francis Berry
4 Nov. 1850600 Federal Census Caldwell County, Texas, page 259
Dwelling Number: 76
Family Number: 76
Name Age Occupation Value of Real Estate  POB
Francis Berry 88 Farmer 2000 VA
Sarah Berry 60     SC
James Berry 30 Farmer 470 MO
Sarah Ann D Berry 7     TX
Francis Neal Berry 11     TX
11 June 1852601,602 Revolutionary War Pension Application of Francis Berry
Declaration In order to obtain the benefit of the Act of Congress passed June the 7th 1832
State of Texas, County of Caldwell
On this the 11th day of June A.D. 1852 personally appeared before me, Garrison Greenwood, Chief Justice of the County aforesaid, in the State aforesaid, Francis Berry, aged ninety years, who being first duly sworn, according to law, doth on his oath make the following Declaration, in order to obtain the benefit of the Act of Congress passed June 7th 1832, the said Francis Berry being now a resident of the said County of Caldwell and state aforesaid.
He states that he was born in Augusta County, State of Virginia, in the year 1762, and was principally raised in Washington County, Virginia. He has no record of his age – there was one in Washington County, Virginia but does not know whether, or not, it is now in existence, nor can he now obtain it, if it be in existence. When called into service he was living in Washington County, Virginia, lived in said County and state until he was thirty years of age and then moved to the State of Tennessee, thence to Illinois and from there to the State of Texas, in the year 1823, where he has ever since resided, that he was draughted into the millitia [sic] of Virginia in Washington County, in said state, and was mustered into the service of the United States by Captain James Montgomery at his house in said County and State, in accordance with a call for the militia, made by Colonel Arthur Campbell of Washington County, Virginia, who lived at a well known place, in said County, called the “Royal Oak”. He does not recollect of meeting with any Continental regiments, or of seeing any Regular officers of the United States army. While he was in the service in North Carolina the Company to which he belonged was united with several companies from the Territory of Tennessee. There were about six hundred men in the various companies. There were a number of officers, but he cannot now recollect the names of any of them except Captain Sevier, who commanded a Tennessee Company. The Company of Captain Montgomery was raised to go to North Carolina to fight the Tories, he cannot on account of his age and consequent forgetfulness state the exact time when he was thus called out and mustered into the service, but he believes that it was after the battle of Kings Mountain was fought, neither can he state the time when he left the service but believes the period of his service to have been three months. He was in no engagements while he was out, he marched out of Washington County, Virginia under the command of Captain James Montgomery, into the State of North Carolina, into Rowan County, and he believes also into Guilford County. He recollects of passing through the town of Slisbury [sic] in his march and being several times in said town while he was in the service in North Carolina. Captain Montgomery’s company was a horse company, the men furnished their own horses and was disbanded in Rowan County, North Carolina. He states that he never received any discharge, nor any pay for his services. He was mustered into service as a private soldier and continued to serve as a private until the Company was disbanded.
He has no documentary evidence that he can produce to prove his service, and he knows of no person whose evidence he can procure who can testify to his service. The service that he performed was in the field, and during the period of his service he was not employed in any civil pursuit whatever.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the Pension Roll of Agency of any State.
Francis Berry
Sworn to and subscribed
this day and year aforesaid
Garrison Greenwood
Chief Justice of Caldwell County
The State of Texas, County of Caldwell
We James N. Wells, a Clergyman residing in the said State and County, and in the immediate neighborhood of Francis Berry, and James Skinner residing in the Same, hereby certify that we are well acquainted with Francis Berry, who has subscribed and (end of last available page of document)
20 Dec. 1852610 Caldwell County, Texas Deed Book D, page 119
This is to Certify that I Francis Berry testifieth that of my own free will and accord in presents of the undersigned that I have disposed of my Property as follows: To each of my Children Six Hundred acres of Land which is as follows Easter Clark, Elizabeth Duncan, James Berry, Rud Nail & Tilman Berry which was the entire property that I possessed the ballance being entailed or given to my wife Sally by her deceased daughter Nancy of the balance of this Survey on which she now resides together with the Cattle hogs and other property all having arisen out of said gift. All of the above I testify to be a true statement of the case and all I expect is a Support while I live. I hereunto set my name and Seal.
Francis Berry (Seal)
In presence of
H. Anderson
A. Wright
State of Texas
County of Caldwell County
This day personally before me W. Ellison Chief Justice of Caldwell Francis Berry whose name is assigned to the witness and made Oath that has signed Sealed and Delivered this same in good faith without any intention of fraud what Ever. (S.S.) Given under my hand and Seal this 23d Dec 1852
W. Ellison
Chief Justice Caldwell County
Filed in my Office for Record at 10 o’clock am July AD 1854
John B. McMahon, Clerk
Recorded in Caldwell County in Book “D” on page 119 at 2 o’clock PM July 14th AD 1854.
John b. McMahon, Clerk
27 Jan 1853611 Miscellaneous Texas Newspaper Abstracts - Deaths, Volume 1
Unnamed Newspaper, Lockhart, Caldwell County, Texas

Francis Berry, a very old man and the second American settler west of the Colorado, died near Lockhart a few days since.
July 1854615 Caldwell County, Texas Probate Book A
Francis Berry, dec'd, Berry and Wise appt admrs.
Minute Book: A, page 184
8 July 1854610 Caldwell County, Texas, Deed Book ____, pages 358, 359
The State of Texas
County of Caldwell
Know all men by these presents that we Sarah Berry, Widow of the late Francis Berry, who died a citizen of Caldwell County possessed of a portion of a League of Land lying in said county and state and known as the Francis Berry League No. 12 in Class No. 9 granted to said Francis Berry, as a colonist in Green DeWitts colony a citizen of said county and state and Esther Clark late Esther Berry a Daughter of said Francis and James Berry, Laurahama Neill late Laurahama Berry and Samuel Neill her husband of the said Laurahama, and Tilman Berry heirs at law of the said Francis Berry and citizens of the aforesaid County, and State for and in consideration of the natural love and affection that we bear to John Berry a citizen of Cole County State of Missouri and son of the said Francis Berry, dec’d as well because of the further consideration of six hundred acres of land granted to each of the us the said Esther Clark, Laurahama Neill, James Berry and Tillman Berry, as heirs at Law of the said Francis by him the said Francis in his life time joined by the said Sarah Berry as wife of the said Francis have this day granted bargained sold released and conveyed to said John Berry all and every part of six hundred acres of land to be taken out of Land Francis Berry League afore described and whereas in the lifetime of the said Francis Berry he had his land League of Land divided into parts and parcels of survey so as to give his said heirs at Law each six hundred acres of Land out of Land League and whereas Said Survey of commenced on the North East Corner of the League and run to the West line of and thence to the South for complement of 600 acres this 1st being division first was conveyed by said Francis and Sarah Berry to ----?-- Duncan daughter of said Sarah and whereas survey no Second adjoining ---?-- parelled and of like shape and sixe was in like manner conveyed to the aforesaid Esther Clark and whereas survey no. three adjoining said second survey and corresponding there to in size and shape was intended in like manner to be conveyed to the said John Berry but was not done he being out of the state now therefore we the aforesaid grantors have this day released and confirmed unto the said John Berry all the right title interest or claim that we have now or can have hereafter as heirs at law of said Francis Berry and all the interest that we in any may have to said division of survey described as above so that the share of the land John Berry shall be equal to the several shares conveyed to us the said Esther, Laurahama, James & Tilman as aforesaid be the said Lots or divisions of six hundred acres more or less to have and to hold the same with all and singular the rights ways privileges & appurtenances unto the said John Berry his heirs and assigns forever in fee simple. In testimony whereof we have hereunto set our hands and seals using scrawls for seals this the 8th day of July A.D. 1854.
Sarah Berry (her mark) (seal)
James Berry (his mark) (seal)
S. C. Neill (seal)
Lowenhama (her mark) Berry [sic] (seal)
Tilman (his mark) Berry (seal)
Esther (her mark) Clark (seal)
The State of Texas
County of Caldwell
Before me John B. McMahon, Clerk of the County Court of the County & State aforesaid Personally appeared Sarah Berry, James Berry, S. C. Neill, Laurahama Neill & Tilman Berry Parties to the within & foregoing deed of conveyance bearing date on the 8th day of July A.D. 1854 and hereto annexed and acknowledged that they Signed Sealed and acknowledged that they signed, sealed and delivered the same for the purposes therein expressed and the said Laurahama Neill having been examined by me privily & apart from her husband and having the same fully explained to her she the said Laurahama Neill declared the same to be her act & deed & that she had willingly signed & sealed and delivered the same and that she wishes not to retract it.
To certify which I have hereto set my hand and affixed my official Seal at Lockhart this 8th day of July A.D. 1854.
John B. McMahon, C.W.C
1856604 Petition of John Oliver, Jr., Caldwell County, Texas, First District Court, Spring Term File No. 316
Death of Sarah (Unknown Maiden Name) Oliver Berry
22 May 1856612 Duplicate Headright Certificate No. 10, Gonzales, Texas, File No. 152,
No. 4844/4945, Texas General Land Office

THIS IS TO CERTIFY That satisfactory evidence have been produced of the loss of Headright Certificate No. 10 ---?--- 1st issued by the Board of Land Commissioners of Gonzales County to Francis Berry for One Labor of Land dated the Third day of February 1838. This Duplicate therefore will entitle the said Francis Berry to all the benefits granted in said original Headright Certificate.
In Testimony Whereof, I hereunto set hand and affix the impress of said Office, the day and date first above written.
S. Crosby, Commissioner
13 June 1856616 Duplicate Headright Certificate No. 10, Gonzales, Texas, File No. 152, Texas General Land Office
No. 111 Francis Berry, 1 Labor “Certificate”
In the Name of the State of Texas. To all to whom these presents shall come. Know ye C. M Pease Governor of the State aforesaid by order of the power rested in my by Law and in accordance with the Laws of said State in such as made and provided do by these presents Grant to Francis Berry his heirs or assigns Forever. One Labor of Land situate and described as follows. For Gonzales County on the Waters of Peach Creek about 6 miles North 70 East from Gonzales by virtue of Headright Certificate No. 10 issued by the Board of Land Commissioners of Gonzales County on the 3rd Day of February 1838, upon which Certificate No. 4844/4845 was issued by the Commissioner of the General Land Office on the 22nd day of May 1856. Beginning at a Stake 392 varas N. 20 W of the N.W. corner of Sam’l Hanes’ Survey Set for the N.E. corner from which a black Jack in dia. Marked x bis N.W 12 varas, a Live Oak 9 in dia mkd. x bis. N. 35 W. 15 varas, Thence South 20 E. 1000 varas, to a Stake from which a black Jack 10 in dia. mkd B bis S 19W 5 6/10 varaas, another Mkd x bis N 5 E 22 6/10 varas, Tence South 70W 1000 varas to a Stake for the S.W. corner from which a Post oak 13 in dia. Marked F.B.bis N 40 W 39 4/10 varas, another 9 in dia Mkd x bis N. 30 W 40 6/10 varas, Thence North 20 W 1000 varas to a Stake for the N.W. corner from which a Post oak 14 in dia. Mkd F.B. bis S. 99 E 7 varas, another 12 in dia. Mkd x bis N. 22 W. 9 6/10 varas Thence North 70 E 1000 varas to the Beginning. {Unreadable} to him the said Francis Berry and his heirs or assigns Forever all the right and Title in and to said Land heretofore held and possessed by the said state and I do hereby issue this Letter stated for the same. In testimony whereof I have caused the seal of the state to be affixed as well as the seal of the General Land Office. Done at the city of Austin on the Thirteenth day of June in the year of our Lord one thousand eight hundred and fifty six.
C. M. Pease, Governor
S. Crosby, Commissioner of the G.Ld. Office
Dec. 1856615 Caldwell County, Texas Probate Book A, Minute Book: B, page 2
Sarah Berry, dec'd, S. H. Henderson appt. adm.
25 Feb 1857605

Family Files of Charlsie English Moore 

Caldwell County, Texas, Book F, pages 484-485
Tilman Berry, Medina County, Texas, executed a Power of Attorney, appointing James P. Galbreath, as his Attorney-in-Fact to represent him in the Sarah Berry probate proceedings.

1857604 Petition of John Oliver, Jr. Caldwell County, Texas, First District Court
Spring Term, File No. 316
The State of Texas, Caldwell County
In District Court
Spring Term A. D. 1857
To the Hon. Thomas H. Duval, Judge of the 2nd Judicial District of the State of Texas.
The petition of John Oliver a resident Citizen of Cherokee County in the state of Texas, represents to the Court, there is now pending in your Honor’s Court, a Suit by Walker W. Berry and Jonathan Nix pretended administrators of the Estate of Francis Berry dec. against Sarah Berry of Caldwell County and Benjamin Duncan of Gonzales County to recover a Tract of Land containing about 755 acres, more or less, lying on the Clear Fork of Plum Creek, in Caldwell County, & is a part of said Francis Berry’s 24 Labors [inserted] Leagues of Land, Granted by Mexican Government; said suit is also for a Negro Man named Sandy & other property, named with original Bill of the ---?--- to which reference is hereby Especially Made.
Your petitioner represents to the Court that said Sarah Berry departed this life some time during the year 1856 & that he is the Grand son of said Sarah Berry dec. & being in the direct line of lineal discent from said Sarah -- he is interested in the said suit, & prays that he may be sufered to intervene in said suit, to protest his rights without the Expense and delay of another action.
Petition represents that said his Grand Mother, then Sarah Oliver, had two children at the time of her marriage with sd. Francis Berry dec. viz. John Oliver & Elizabeth Oliver, who married Benjamin Duncan, & that said Francis Berry had, at the time of said Marriage with petitioner’s Grand Mother, Sarah, also two children - vz Esther Clark Berry, who afterwards married John Clark, & John Berry. He further says that the said Francis Berry & his Grand-Mother, Sarah Oliver were married in the state of Missouri, about the year 1820 & Emigrated to the State of Coahhila & Texas, about the year 1830 & settled with the said Children in Green DeWitt’s Colony, as colonists. He further represents that said Francis Berry & his grand-Mother Sarah Berry had three children by the issue of their Marriage, viz Tighlman Berry, James Berry & Lawruhama Berry [surname inserted] who afterwards intermarried with one Saml. Neill.
Petitioner further says that the said Francis Berry & wife being colonists, in said Green Dewitt’s Colony, the said ---?--- of Coahula[?] & Texas on or about the 15th ay of May, A.D. 1831 granted to the said Francis Berry twenty four Labors of land, a certified copy of said Grant is herewith filed Marked Exhibit A & prayed to be made a part hereof. He further represents that said Francis Berry & Sarah Berry, his wife, in their life time, made advancement to & donation for natural love and affection, various portions of said 24 Labors of Land, to a portion of their said children, including those in being at the time of their Marriage & also those born thereafter -- that is to say, to James Berry - a son by the last marriage, they advanced by Deed dated Feb 10th 1844 about 600 acres of Land -- a certified copy of said Deed will be offered in Evidence to the Court & ---?--; To Tighlman Berry a son of the last marriage they donated & advanced by Deed of the same date, 600 acres [insert] more or less of said 24 Labors, a copy of which will be offered as aforesaid: To Laurauhana Neill they donated by Deed of same date 600 acres more or less of said 24 Labors of Land, a copy of which will offered as aforesaid : To Elizabeth Duncan a daughter of said Sarah Berry, in being at the time of her marriage with said Francis Berry, they donated by Deed of same date 600 acres more or less of said 24 Labors : To Esther Clark a daughter of said Francis Berry, in being at the time of his marriage with said Sarah Berry, they donated by deed of the same date 600 acres of said 24 Labors lot of which deeds will be offered as aforesaid.
Petitioner further represents, that at the time these advancements & donations were made by said Francis Berry & wife to the said parties, John Berry, a son of said Francis Berry, at the time of his Marriage with said Sarah Berry, was absent from the Country & failed to obtain his share of the said 24 Labors, which said Berry & wife had designed to divide among all the children whether of either had before Marriage or those born afterwards --
He further represents that on the 8th day of July 1854 to carry into effect the long cherished object of said Francis Berry & wife -- to divide said 24 Labors among all the children -- the said Sarah Berry (said Francis Berry having died in 1853) Elizabeth Duncan, Esther Clark, Tighlman Berry, Lawrahama Neill & S. C. Neill her husband, & James Berry all united and conveyed, as heirs at Law of said Francis Berry, 600 acres more or less [inserted] of said 24 Labors to said John Berry so as each and all the children might have & secure their full portions of said 24 Labors.
Petitioner further represents that his Father John Oliver, dec., a son of said Sarah Berry, in being at the time of her marriage with said Francis Berry, and who has long since departed this life, was entirely omitted in the allotment, advancement & partition of said 24 Labors & that your Petitioner, the Grandson of said Sarah Berry & the son of said John Oliver, dec. has received no part or lot of said 24 Labors -- or any portion of said Estate of said Sarah Berry, dec.
He further says that said 24 Labors of Land Except the remainer of the Tract, occupied by said Sarah Berry at her death, being 755 acres more or less, have been advanced & donated as aforesaid to the said children above named, and he is advised that Parents cannot arbitrarily donate and advance property to one portion of their children to the entire exclusion of the others. He alleges that said 24 Labors of Land is community property one half of which belonged to the said Sarah Berry & the other half to said Francis Berry -- that said children secured their fair portions of the same, and the part now undisposed of, on which said Sarah Berry last lived, in Law & Equity & rightfully belongs to petitioner, for which he now prays that a Decision be entered vesting in him as the Grand son of said Sarah Berry the part or portion now undisposed, with an Equal share of all the property, his said Grand Mother died siezed of. And if such a decree cannot be entered then he charges that the said donation & advancements, are fraudulent, inquitable[?] unjust as to him, & abrtrarily partial against him, & such as he is advised the said Francis Berry & wife had no right[?] to make -- & he therefore prays that said 24 Labors of Land be equally divided between the heirs of said Francis & Sarah Berry & also all the property that they both died sized, especially that named in -?- petition & amended petition of the said Berry & Nix -- Prayer is futher made for his costs & for equity & General Relief & for such a Decree & judgment in the premises as the nature of his case demands, as in duty bound & c c & prayer is then made that he be allowed to intervene as heretofore prayed.
John Oliver by his
Attys Gorin & Mills
187529 Family History by Hugh Campbell Berry
Aunt Nancy Berry married Francis Berry and moved off, I know not where, but I have heard that some of their descendants were in Missouri, Cole County.

 

Analysis of the Timeline

 

                Francis Berry’s birth date is known with certainty, based on information supplied by him on a pension application form. The only question comes from a family record of the birth order of Thomas Berry Sr.’s children that can be traced to Esther (Berry) McCord, which places him as the youngest child and younger than Esther, who was born in 1770. Either the Esther (Berry) McCord birth order is incorrect on this point or the birth date that Francis Berry provided in his pension application is incorrect. In his pension application narrative, Francis Berry stated that his military service took place from 1779 through 1781. If he had been born after his sister Esther, who was born in 1770, he would have been as young as 8 years old in 1779 when he was drafted, which is clearly completely implausible. Using his stated birth date of 1762, however, he would have been 17 years old in 1779, which is much more likely. It seems much more logical to assume that the personal information provided directly by Francis Berry is correct, which changes the birth order slightly. Fortunately, the 1762 date fits quite well into the Esther (Berry) McCord family sequence and provides support for estimating the birth date of John Berry, who occurs in the birth order sequence between Susanna, (born in 1757) and the corrected placement of Francis Berry in 1762. John Berry’s birth date is, thus, estimated to be sometime between 1758 and 1761.While there is no direct, primary source information for the birth date of Rebecca Berry, an accurate estimate can be made. According to Esther (Berry) McCord’s family records, Rebecca married Caleb Litton, and, according to Litton family primary source documentation, Caleb was born in 1768. If it is assumed that Rebecca was about the same age as her husband Caleb, that she was slightly older than her next sibling Esther (born in 1770), slightly younger than her brother Francis (born in 1762), then Rebecca’s birth can be reasonably interpreted to be have occurred sometime between 1763 and 1769.12,601,694

 

 

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