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NameElizabeth WALKER1626,1627,1628,383,1629,159,1624
Birthabt 1766, Rockbridge Co., Virginia1627
Death1836, Mississippi1630
FatherWilliam WALKER (~1745-~1815)
MotherMary WEIR (ca1745-<1815)
Spouses
Birthabt 1763, Augusta Co., Virginia
BirthAugusta Co., Virginia1624
Deathaft 13 Sept 1805 and before 25 November 1805, Maryville, Blount Co., Tennessee
Death13 Sept/25 Nov 1805, Blount Co., Tennessee
BurialNew Providence Cemetery, Blount Co., Tennessee1625
FatherJames BERRY (~1740-1804)
MotherElizabeth McCUTCHEN (~1748-1790)
Marriage15 Feb 1788, Rockbridge Co., Virginia1631,1627
ChildrenMary Walker (~1789-)
 James Enfield (1790-1857)
 Elizabeth M. (1794-1823)
 William Walker (-1820)
Notes for Elizabeth WALKER
NOTES for Elizabeth Walker:159
Birth year [ca 1766/67] estimated from 1788 marriage to Thomas Berry. William Walker, father of Elizabeth Walker, posts bond with Thomas Berry, but Walker was not required to give 'consent' for the marriage, which 'could' indicate that Elizabeth was at least 21 in 1788 . However, since her father acted as bondsman, specific consent language may not have been required. More research into Berry/Walker descendant information needed since many descendant sources give Elizabeth's birth year as 1766 -- without any sourcing.

Elizabeth Walker's name is often cited as "Elizabeth Martha Walker" or "Sarah Elizabeth Walker ". Some researchers have cited her name as "Sarah Elizabeth Martha Walker". The only primary source for her name is the 1788 Rockbridge Co., Virginia marriage bond which identifies her as "Elizabeth Walker". In addition, she is also identified as "Elizabeth" in all Washington County deeds. This report will only use the documented name of "Elizabeth" Walker.
Notes for Thomas (Spouse 1)
NOTES for Thomas Berry & Elizabeth Walker: [referred to as Berry/Walker in this report]159
The identify of Thomas Berry's parents cannot be absolutely proven with primary source documentation at this time. Ongoing research into both Blount Co., Tennessee and Montgomery Co., Tennessee will ultimately provide that documentation and will be added to this report as it becomes available. This report relies, in large part, on the family papers of Baxter Bell Berry 1393 which state that James Berry and Elizabeth McCutchen had six sons and four daughters and identifies a son named Thomas Berry as one of the six sons. Baxter B. Berry's family papers combined with a thorough examination and analysis of all men named Thomas Berry in Washington County between the years 1770 and 1800 , and the demonstated close association of Berry/Walker with the extended WEIR family of Elizabeth Walker1632 1626 inescapably leads to the conclusion that the Thomas Berry who married Elizabeth Walker was the oldest son James Berry and Elizabeth McCutchen.

Many BERRY researchers identify the Thomas Berry who married Elizabeth Walker as the son of the Thomas Berry Sr who died in Washington Co., Virginia in 1799. The basis for the assertion that Berry/Walker was the son of Thomas Berry Sr. comes primarily from the genealoglical work "Lineage of Miss Martha Berry" by William F. Boogher (privately published, on deposit in the archives of Berry College, Rome, Georgia) done by William F. Boogher [WFB]. Martha McChesney Berry was founder of Berry College in Georgia. Analysis of primary source documents for the Thomas Berry Jr who died in Washington County, Virginia in 1812 proves that he was the son of Thomas Berry Sr., while it can now be shown that the Berry/Walker Thomas died in Blount Co., Tennessee in 1805. [see Carol Vass' paper "Identifying Thomas Berry Jr., son of Thomas Berry Sr. & Unknown Buchanan"] My analysis of Military Record and other documents, cited by Mr. Boogher, for the Thomas Berry who did marry Elizabeth Walker follows and demonstrates that WFB failed to take into account multiple men named Thomas Berry and mistakenly attributed numerous records for several different Thomas Berrys living in Washington Co., Virginia at the same time as Berry/Walker.

[NOTE: It is important to constantly keep in mind that Thomas Berry Sr [1718-1799] was the father of James Berry/Elizabeth McCutchen. One of the multiple Thomas Berry's in and around Washington Co., Virginia between 1770-1800 was Thomas Berry Jr, son of Thomas Sr, and brother of Berry/McCutchen. No record attributible to Berry/Walker has ever identified him as Thomas Jr.]

WFB citations on Berry/Walker:
[ my annotations in red italics] and (WFB’s source footnote citations in blue italics):
“Thomas Berry No. 2, [here WFB means the Thomas who married Elizabeth Walker ] b. in Augusta County, son of Thomas and Esther, his wife, [here WFB means Thomas Berry Sr and his 2nd wife, Esther Ward ] later a resident of Washington County. In the early part of the year 1776 enlisted as a private soldier in the Revolutionary Army, Virginia line, in a Company formed from the Walker Creek Valley, in the formation of which he was elected corporal and later Sergeant; in 1777 commissioned Ensign (WFB’s cites: Summer’s History of S.W. Virginia, p. 854) and served as such to the end of the war. September 4, 1776, he was wounded in the breast by a shot from a Cherokee Indian in actual service, from which he continued ill until June, 1777 (WFB cites: Washington County Order Book 1) May 30, 1783, his claim as Ensign for provisions and services in connection with the march of the militia with the British prisoners under command of Major Hamilton to Kentucky and for supplying provisions as Commissary to the Cherokee Indians interpreter was allowed (WFB cites: Washington County Order Book 1) , thus showing he was a trusted officer. August 20, 1782, Thomas Berry No. 2 [meaning Berry/Walker], proved his right to 400 acres of land, having actually setted in what was then Washington County in 1771 (WFB cites Book 1 of Surveys for Washington Co., p. 171) . He married, Feb. 15, 1788, Elizabeth Walker, b. 1766, dau of William and Mary Stuart Walker (WFB cites: License Record for Rockbridge Co and Lib. 1, Folio 429 of wills for Rockbridge Co) Thomas Berry settled with his family in Rutherford Co., Tennessee prior to 1809, as on the 12 of September of this year he and Elizabeth his wife, joined in a deed conveying their lands in Washington Co., Virginia, as of Rutherford Co., Tennessee (WFB cites: Washington Co., Virginia, Land Records) He later removed to Knox Co and still later to Blount County, Tennessee, where he died after 1809. “His will without date or date of probate is recorded in Maryville, Tennessee,” so reported by the Clerk.” (WFB cites: Letter from Clerk of the Court)

Carol Vass' Analysis:
1] WFB states that Berry/Walker “enlisted as a private in Rev. Army, Virginia Line in a Company formed from the Walker Creek Valley” without citing a source. There is a 'Walkers Creek' in South West Virginia, located in present day Smyth Co., Virginia, however no documentation has been uncovered which describes a specific unit from 'Walker Creek'. All of the BERRY families we are researching can be well documented as living in the geographic area of present day Washington County, Virginia, none of which are remotely close to present day Walker Creek which is near Walker Mountain and Brushy Mountain in Smyth County. [Thomas Berry Sr can be documented as having moved from Augusta Co to Washington Co in 1771.] There is 'a' Walker Creek in present day Rockbridge County and Elizabeth Walker’s family did live in that geograhic area. It might be possible that WFB was ‘reaching’ for a site closer to Rockbridge to account for the 1788 marriage of Thomas Berry/Elizabeth Walker in Rockbridge County.

WFB cites Summer’s History, pg 854 ["History of South West Virginia 1746-1786" by Lewis Preston Summers, Geneological Publishing Company Incorporated, Baltimore, 1971] as his source for the fact that Berry/Walker enlisted from Walker Creek AND that he was an Ensign. Summers, Pages 853 to 855 includes listings of WA Co., Virginia Militia Officers 1777-1780 and does list ‘a’ Thomas Berry as an Ensign. This Militia list does NOT identify a particular battle or campaign, but the dates are bracketed to between 1777-1780. This entire Militia list needs to be analyzed since I believe it NOT to be involved with Col. Christian’s 1776 Cherokee campaign, [see my [2] below] but rather the militia that probably participated, at least in some part, in King’s Mountain. Nathaniel Dryden is in this same listing, also as an Ensign, and was killed at King’s Mountain. This is also where John Berry is listed as a Lieutenant. If this is a listing of Washington County men who participated in the events surrounding Kings Mountain, it is interesting to note that Thomas Berry Sr’s son William Berry was killed 7 March 1781 at Skirmish at Whitzel’s Mill. [John Berry was a nephew of Thomas Sr and Nathaniel Dryden was a brother-in-law of Thomas Sr's daughter, Barbara Berry Dryden, so these three men were in the same generation as Thomas Jr, son of Thomas Sr, not Berry/Walker, a grandson of Thomas Sr.] It is a speculative, but also logical, to presume that Thomas Sr's son, Thomas Berry Jr. [the ‘real’ Thomas Junior by today’s standards] was also involved in these dominant events. However, at this point, I know of no documentation to prove which Thomas Berry was an “Ensign”. Further analysis of 'multiple' Thomas Berry's involved in military units in Washington County will be required to ascertain what military service Berry/Walker was involved with. It does seem likely that he did see some military service since descendants have successfully entered the DAR 1628,383 in his name, but exactly what the nature of that service was is unknown at this time.

2] WFB states that Berry/Walker was “Sept. 4, 1776 wounded in the breast by a shot from a Cherokee Indian in actual service, from which he continued ill until June, 1777.”

WFB cites Washington County Order Book 1 for this reference. [The following Order Book reference can be found in Vol. 1, page 966 of Annals of Southwest Virginia, 1769 - 1800, Preston Lewis Summers, Geneological Publishing Company Incorporated, Baltimore, 1970]:

At a court continued and held for Washington County August 27, 1777
Ordered that a certificate be given to Thomas Berry representing his receiving a wound in his Breast Sept. 4th 1776 by a shot from the Indians when in the service of his country and continued ill to the first of June 1777.


Summers "History.....", page 245: “Several white men were slightly wounded by the Indians and by accident, upon this expedition, among the number being Samuel Douglas, Thomas Berry and George Berry Jr.” It is unclear from this Summers narrative what the exact date of this engagement was, but it was part of the Col. William Christian Cherokee Campaign which commenced in August 1776 and lasted for three months, not long enough to be included in the 1777-1780 militia listing shown above in my [1] above. Another source, Genealogies of Virginia Families, John F. Dorman, Vol. 1, Gen. Pub., Baltimore, 1981, Pages 810-814 , does list the following men as privates, among many others, on the Col. Christian 1776 campaign:
Thomas Berry
, wounded
Stephen Douglas, wounded
George Berry, wounded [also s/o Thomas Berry Sr]

It seems fairly clear that the wound was received during Col. Christian’s Cherokee Campaign rather than the 1777-1780 Militia Listing showing ‘a’ Thomas Berry as ‘Ensign. Could the ‘wounded’ Thomas Berry of 1776 be a completely different man from the ‘Ensign’ Thomas Berry of 1777-80? IMPORTANT NOTE: Neither the ‘wounded’ Thomas or the ‘ensign’ Thomas are presumed to have been Thomas Berry Sr who would have been 59 in 1777.

Additionally, and most importantly, Berry/Walker's estimated age in 1776 must be taken into account. WFB doesn't cite a specific date for Berry/Walker's birth, however 1750 is the date cited by most other researchers, while a few others cite 1763/66. It can be documentated that Thomas Berry Sr. executed an Augusta Co., Virginia 1763 deed [Augusta Co., Virginia, Deed Book 11, Page 242] where the father, Thomas Sr., sold a tract of land to "son James Berry" and another son, Thomas Berry Jr was a 'witness' to this transaction. It is presumed that a 'witness' would have to be at least 16, meaning that Thomas Jr was born in 1747. If a 'witness' had to be 21, then Thomas Jr was born 1742. James Berry, oldest son of Thomas Berry Sr, is estimated to have married Elizabeth McCutchen circa 1762/1763 based on the date of this land transaction. If Berry/Walker was the son of Berry/McCutchen, as evidence is tending to show, then an estimated birth year of 1763 is appropriate for Berry/Walker and generally precludes him from participating in any 1776 military activity as a 13 year old, and certainly NOT as a corporal or Sergeant as WFB asserts, nor as an Ensign in 1777.

3] WFB next cites the following Washington County Order Book entry for Berry/Walker as additional proof of his Rev. War service [Summers "Annals .....", Vol. 1, page 1143]::
At a court held for Washington County May 20, 1783
Thomas Berry Eight diets and the service of two horses for the use of the British prisoners and fourteen pounds of Bacon and one bushel of meal for the same use, twenty Eight Rations for the use of the Greenbriar militia on their March to Kentucky under the comand of Major Hamilton, five diets furnished William Springster the Cherokee interpreter and ninety seven pounds Ten shillings paper Money of a Balance due for furnishing the Cherokee prisoners provisions.


There is nothing to distinguish this 1783 Thomas Berry ‘provisioner’ from the following Washington County candidates:
Thomas Berry Sr, [1718-1799], lived on 400 acres on Wolf Creek
Thomas Berry Jr, [d. 1812] who lived on 15 Mile Creek
Thomas Berry Jr, 'Legatee' of William Berry [d. 1781]
Thomas Berry, who m. Mary Hope 1788 and was the son of Thomas Berry Jr, d. 1812

It is really impossible to eliminate any of these four Thomas Berry’s as candidates for the man who is given credit for providing ‘provisions’ to military forces. It is most often seen in DAR listings that the Thomas Berry Senior who was b. 1718 in Ireland and died 1799 in Washington Co., Virginia, married to [1] Unknown Buchanan and [2] Esther Ward is the man cited as having provided provisions. The DAR applicantions are, in and of themselves, not solid proof.

While Thomas Berry, Jr, Legatee, can not be eliminated from this consideration, his mother, Mary Berry is listed as Head of Household in 1784 in Capt. John Lowry’s District, with no 16 year old ‘titheable’ males listed for her. ["Alexander Montgomery's Precinct of 1782" The Historical Society of Washington County, Virginia, Series II, No. 8, July 1970, page 42] It seems highly unlikely that Thomas Berry Jr, “Legatee” would have provisioned these troops.

At present, it is known that Thomas Berry/Mary Hope did not have an ‘original’ survey in his name in Washington Co. [There are only five surveys for any Thomas Berry in WA Co: Thomas Berry Sr; Thomas Berry Jr on 15 Mile Creek; two surveys for Thomas Berry, Jr, Legatee of William Berry; and a 1795-1798 transaction where ‘a’ Thomas Berry purchased 50 acres from Jonathan Weir.] A search through Washington County Deed Books 1 - 4 has not turned up any Thomas Berry/Mary Hope deeds, but my hunch is that he did not establish a home in Washington Co., and moved to Williamson Co., Tennessee at a presently unknown date, but around his 1788 marriage to Mary Hope. Berry/Hope can’t be ruled out as ‘provisioner’, but it is doubtful.

Thomas Berry, Jr, [d. 1812] lived on Fifteen Mile Creek, could also have provided the provisions and nothing in this May 1783 court order precludes him as a candidate, whether he was the ‘wounded’ Thomas of 1776 or the ‘ensign’ Thomas of 1777.

At this point, there is no evidence to establish Berry/Walker as having a separate residence in order to have provided the ‘provisions’ whether they were provided in 1783 or a few years earlier. [This claim for provisioning needs more research since the actual date they were provided is not stated in the Court record. 1783 is the date of the Claim and most likely represents an earlier action.] As in the case of Berry/Hope, it is more logical to presume the ‘provisioner’ Thomas Berry was a man with an established home/farm. Both Thomas Berry, Sr, who established residence in 1770, and the 'real' Thomas Berry Jr [d. 1812], who established his Washington County residence in 1769, are more likely candidates for this record.

4] WFB goes on to say that Berry/Walker “proved his right to 400 acres of land, having actually setted in what was then Washington County in 1771” and specifically cites Washington County Survey Records, page 171. Transcription for this survey:
Washington County Survey Book 1 [Page 171]
Surveyed for Thomas Berry Junr. four hundred acres of land in Washington County by virtue of a Certificate from the Commissioners for the district of Washington and Montgomery Counties and agreeable to an act of the General Assembly of Virginia passed in May 1779 lying on a branch of the Middle Fork of Holstein river.
Beginning on a white oak and Poplar on the top of a ridge a corner to James Berry & Robert Houston with Houston’s line
S. 56 1/2 W. 306 poles to a black oand and chestnut;
N. 60 W. 148 poles to a white oak and hiccory a corner to Sa.l Houston’s land;
N. 5 E. 68 poles to two white oaks by the knobs;
N. 59 E. 140 poles to two white oaks near a creek;
N. 52 E. 214 poles to a large white oak a corner to James Berry’s land;
S. 34 E. 88 poles to two white oaks on the So. east side of the creek on James Berry’s line;
S. 171/2 E. 110 poles to the Beginning with James Berry & Robt. Houson
12th Apl. 1782 David Carson, D.S.
Robt. Preston, S.W.C.
We the Commissioners for the district of Washington and Montgomery counties do certify that Thomas Berry legatee to William Berry dec’d, is entitled to four hundred acres of land in Washington County lying on the waters of the Middle Fork of Holstein on the south side to include his improvement he having proved to the court that he was entitled to the same by actual settlement in 1771. As witness our hands this 30th day of August 1781 Teste: James Reid, C.C.C. Jas. Cabell, Harry Innes, R. Cabell, Commrs.


It is without question that WFB has cited the wrong record here since this survey clearly identifies this Thomas Berry Jr as being the “Legatee of William Berry, deceased”. See “#6 Thomas Berry Jr, 'Legatee' of William Berry and documentable proof that Thomas, “Legatee” was married to a woman named Jane in 1802 and still alive in 1810 Washington Co., Virginia census when Berry/Walker can be documented as having died in 1805. [see Carol Vass' paper "Identifying Thomas Berry Jr., son of Thomas Berry Sr. & Unknown Buchanan"]

5] WFB next cites Rockbridge Co., Virginia records for the marriage of ‘a’ Thomas Berry to Elizabeth Walker 1627 . These records are indisputable. What is in question is which Thomas Berry married Elizabeth Walker. It was not the Thomas Berry Jr who lived in Washington Co., Virginia between 1769 and 1812 since he can be documented married to women named Mary and Prudence. It was not the Thomas Berry Jr who was the Legatee of William Berry who can be documented as married to a woman named Jane.

Further, WFB cites Elizabeth's parents as "William Walker and Mary Stuart Walker". The Berry/Walker 1788 marriage bond 1627 was signed by William Walker and he is identified as her father in the document. WFB cites no evidence that the mother's surname was STUART. William Walker's 1815 Rockbridge Co., Virginia Will 1626 identifies one of his daughters as "Betsy Walker". JoAnn Wear Spore, co-author of "From Here And There To The White House: Weir/Wear Families" identifies Mary Weir, daughter of Hugh Weir [d. 1779 Rockbridge Co., Virginia] 1632 as the wife of William Walker. A transcription of William Walker's Will is below in 'Notes for Elizabeth Walker'. It is not my transcription and I will do futher research into Rockbridge Co., Virginia records to ascertain if there was another William Walker who could have been this Elizabeth Walker's parents, but the prepondance of deeds and other close associations for Berry/Walker with multiple descendants of Hugh Weir, indicates that William Walker/Mary Weir were the parents of Elizabeth Walker.

A further search of Rockbridge Co., Virginia scanned Marriage Bond images shows that 'a' William Walker did marry 'a' Mary Stuart 1627, however, this bond was recorded on 22 July 1783 -- five years before Thomas Berry and Elizabeth Walker married. Following are transcriptions of the two marriage bonds. Clearly, WFB cited the wrong record again.
-----------------------------------------------------------
22 July 1793 Rockbridge County, Virginia, Marriage Records 1781-1801
http://www.rootsweb.com/~usgenweb/va/rockbridge/images/1783/1783-016.jpg
Know all men by these Presents that we William Walker and James C--?-- Fraizer are held and firmly bound to the Commonwealth of Virginia in the just sum of fifty pounds Current money to which payment well and truly to be to bind ourselves our heirs & jointly & -----?---- firmly by these Presents Witness our hands & Seals this 22 day of July 1783. Whereas there is a Marriage Suddenly Intended to be Solomized between the above bound Wm. Walker and Mary Stuart. the Condition of this obligation is such that if there be no Lawful cause to obstruct the same then this Obligation to be Void or else to Remain in full force.
Teste And.w Reid, Clk William Walker James C.ry freser
Sir, this is to Certify that I Desire you to Grant Licence to Wm. Walker that My Daughter Mary
Stuart may be married to him given under my hand this 21th day July 1783.
Test James Walker, John Walker Jn.o Stuart To Andrew Reid, C.R.C.

11 Feb 1788 Rockbridge County, Virginia, Marriage Records 1781-1801 http://www.rootsweb.com/~usgenweb/va/rockbridge/images/1788/1788-005.jpg
"Know all Men by these Presents that we Thomas Berry & William Walker are held and firmly bound unto the Commonwealth of Virginia in the just and full sum of fifty Pounds Current to the payment whereof well and truly to be made do bind ourselves our Heirs Executors and Administrators jointly and severally firmly by these presents Sealed with our Seals and Dated this 11th Day of February 1788. The Condition of this obligation is such that whereas there is a Marriage shortly intended to be Solemnized between the above Thomas Berry & Elizabeth Walker Daughter of the said William Walker. If therefore there shall be no lawful Cause to be the said Marriage then the above obligation to be Void or else to remain in full force.
Test Thomas Berry (seal)
William Walker (seal)

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6] WFB then says: “Thomas Berry settled with his family in Rutherford Co., Tennessee prior to 1809, as on the 12 of September of this year he and Elizabeth his wife, joined in a deed conveying their lands in Washington Co., Virginia, as of Rutherford Co., Tennessee” and further “He later removed to Knox Co and still later to Blount County, Tennessee, where he died after 1809. “His will without date or date of probate is recorded in Maryville, Tennessee,” so reported by the Clerk.”

A photocopy of the actual Blount Co., Tennessee Will of Thomas Berry shows a date of 5 September 1805 in the body of the document. The back of the document has the following notation: “Last Will of Thomas Berry dec.d” and “Thos Berrys WILL Sept 13, 1805”. While this writing is on the back , between the folds, and does not actually represent a court record, it seems logical to presume that Thomas Berry died between 5 Sept 1805 and 13 Sept 1805. Additionally, an ‘abstracted’ record from Blount Co., Tennessee indicates that Thomas Berry ‘was deceased by November 1805 when his Will was filed’ and the abstraction goes on to mention guardians appointed for the minor children. This document needs to be obtained, but there is no longer any doubt about the death date of 1805 for the Thomas Berry who married Elizabeth Walker.

Furthermore, a search of Washington County Deed Books for the 1809 deed which WFB alludes to can be reasonably demonstrated to have been executed in 1808 [Washington Co., Virginia Deed Book 3, Page 74,75] by Thomas Berry, son of John Berry/Jane Campbell. [see Carol Vass paper "Identifying Thomas Berry Jr., son of Thomas Berry Sr. & Unknown Buchanan"] This son of Berry/Campbell was married to Elizabeth Martin McFerrin on 18 April 1799, can be documented as having moved to Rutherford Co., Tennessee circa 1804, while there is no evidence that Berry/Walker was ever there. Since it is clear that Berry/Walker was deceased before this 1808 Rutherford Co., Tennessee deed, WFB has again attributed the wrong Thomas Berry document for Berry/Walker. WFB makes an unsourced statement that Berry/Walker resided in Knox, Rutherford before Blount Co., Tennessee. He fails to take into account all of the records for Berry/Walker in Blount Co., Tennessee commencing as early as 1798 through at least 1805. [See Blount Co., Tennessee abstracted deeds below.] Blount County is where Berry/Walker cited by WFB to have died. WFB was again incorrect in attributing this 1808 deed to Berry/Walker as he was incorrect in all of the other citations.

A search is underway in both Montgomery Co., Tennessee and Blount Co., Tennessee for any documentation either for Thomas Berry or his “heirs” which more directly links him to any of the property disbursals for James Berry, deceased. More research needs to be done to establish Berry/Walker's military service, but the foregoing analysis conclusively shows that WFB, by failing to take into account multiple Thomas Berry’s in Washington Co., Virginia, incorrectly identified the Thomas Berry who did marry Elizabeth Walker as the son of Thomas Berry Sr [1718-1799]. Instead, he was a grandson of this man, through his parents James Berry/Elizabeth McCutchen.
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My transcriptions of primary source documents attributable to Thomas Berry/Elizabeth Walker:
25 Nov 1794
Washington County, Virginia Deed Book 1, Part 2,Page 394
KNOW all men by these presents that we Samuel & Margaret Wear of the county of Knox and Tertory South of Ohio, have constituted made and appointed our trusty and loving friend James Wear of Washington county and State of Virginia, our true and lawful Attorney for us, and in our name and stead, and to our use to make or cause to be made, unto Thomas Berry, or whoever he may appoint to receive the same, a deed of conveyance for a certain Tract of Land which we sold unto the said Berry lying and being in the said county of Washington aforesaid giving and granting unto our said Attorney by these presents our full and whole power strength and authority in and about the premises to have use and take all lawful means and ways in our name to execute the aforesaid Deed of conveyance and generally all and every other act, or acts, devise, or devises in law whatsoever needful or necessary to be done in and about the premises for us and in our name to do execute and perform, as fully largely and simply to all intents and purposes as we ourselves might or could do if we were personally present or as if the maller required more special authority than is herein given. Given under our hands and seals this twenty fifth day of November 1794.
Witness present Wm Wallace J.P Wm. Lowrey J.P. Samuel Weir S.S.
John Weir J. P. Margaret Weir S. S.

Territory South of the Ohio River county. This day came John Weir before me, Joseph Green, one of the justices of the peace for said county and made oath that he saw Samuel Weir and Margaret Weir sign seal and acknowledge, the within power of attorney as their Act and deed for the purpose therein mentioned. Given under my hands and Seal this 10th day of December 1794.
Joseph Green S. S.

Territory South of Ohio Knox County Se
S.S. I Charles McClung clerk of the county court of pleas and quarter Sessions for the county of Knox do certify that Joseph green esquire who certified the anexed affidavit is and was at the time of attesting the same an acting justice of the peace in ends for the county of Knox. In Testimony wherof I have hereunto set my hand and affixed my private seal, not having a seal of Office this 10th day of December 1794 and in the XIX year of our Independance.
Chas. McClung
At a court held for Washington County this 17th day of March 1795. This power of Attorney with the certificates thereon, was ordered to be recorded. Test And.w Russell D.C.
[Explanatory NOTE: The above deed is significant for the relationships between the parties. Samuel Wear and James Wear were sons of Hugh Wear, so they were brother of Mary (Wear) Walker, mother of Elizabeth (Walker) Berry. In this POA, Samuel/Margaret Wear are formalizing the sale of a property to Thomas Berry, but make allowance for him to transfer the sale to someone else: “ to make or cause to be made, unto Thomas Berry, or whoever he may appoint to receive the same, a deed of conveyance for a certain Tract of Land which we sold unto the said Berry.” This property was sold in Samuel/Margaret Wear’s name to James Gilleland on 17 Mar 1795. Evidentally, Thomas Berry transferred the tract to Gilleland. No document for this transfer is found in WA Co., Virginia deed books.]

21 March 1797 Washington County, Virginia, Deed Book 1, Page 516
THIS INDENTURE made this 21st day of March one thousand seven hundred and ninety seven between William Miflin and Betsey his wife of the County of Washington and State of Virginia of the one part and Thomas Berry of the County and Sate aforesaid the other part Witnesseth that the said William Miflin and Betsey his wife for and in consideration of the sum of three hundred dollars to them in hand paid. Do bargain and sell unto the said Thomas Berry and his heirs forever one Lott on the main street in the Town of Abingdon, distinguished on a plat of the said Town by the number nineteen containing one quarter of an acre and bounded as followeth, to wit, Beginning at a corner of lott number 38 being the North West corner of said lott number 19 and running thence along the main street South sixty four degrees West four poles to lott No 20 thence South twenty six degrees East ten poles thence North sixty four degrees East four poles to lott number 38 and with a line thereof North twenty six degrees West ten poles to the BEGINNING together with all its appurtenances TO HAVE AND TO HOLD the said lott with its appurtenances unto the said Thomas Berry and his heirs to the sole use and behoof of [insert “him “] the said Thomas Berry and his heirs forever And the said William Miflin and Betsey his wife for thereselves and their heirs do covenant with the said Thomas Berry and his heirs that the said William Miflin and Betsey his wife and their heirs the said Lott with its appurtenances unto the said Thomas Berry and his heirs against all persons whosoever will forever warrant and defend. In Witness whereof the said William Miflin and Betsey his wife have hereunto set their hands and seals the day and year first above written.
William Miflin L.S.
Betsey Miflin L.S.
At a Court held for Washington County 21st day of March 1797. This Indenture of bargain and sale was acknowledged in court by the above name William Miflin and ordered To be Recorded.
Test. And.w Russell D.C.
[Carol’s NOTE: The above property purchased by Thomas Berry in March 1797 is sold by Thomas Berry and his wife, Elizabeth in October 1797 which is the next deed.
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9 October 1797
Washington County, Virginia, Deed Book 2, Page 22
THIS INDENTURE made this ninth day of October in the year of our Lord one thousand seven hundred and ninety seven between Thomas Berry and Elizabeth his wife of the county of Washington of the one part and Augustus Elias Brovort Woodward of the county aforesaid of the other part WITNESSETH that the said Thomas Berry and Elizabeth his wife for and in consideration of the sum of two hundred and Thirty dollars current money of the United States to them in hand paid Do bargain and sell unto the said Woodward and his heirs one Lot on the South side of the main Street in the Town of Abingdon, distinguished in a plan of the said town by the No. 20 but by mistake conveyed to William Mifflin by the Trustees of the said Town by the No 19 adjoining the Lot of Patrick Lynch, which is distinguished in the plan of the said Town by the No 19 (but by mistakes conveyed to the said Patrick Lynch by the Trustees of the Town of Abingdon by No 20) and adjoining the Lot of William Delap, which said Lot No. 20 conveyed by mistake by the No. 19 contains one quarter of an acre, together with all its appurtenances to have and to hold the said Lot No.20 with its appurtenances unto the said Augustus Elias Brovort Woodward and his heirs to the sole use and behoof of him the said Woodward and his heirs forever. And the said Thomas Berry and Elizabeth his wife for themselves and their heirs do covenant with the said Woodward and his heirs that they, the said Thomas Berry and Elizabeth his wife the said Lot No. 20 containing one quarter of an acre adjoining the Lots of Patrick Lynch and William Delap with all its appurtenances unto the said Augustus Elias Brovort Woodward and his heirs against all persons whosoever will warrant and forever defend. In Witness whereof the said Thomas Berry and Elizabeth his wife have hereunto subscribed their names and affixed their seals the day and year first above written.
Signed Sealed in
presence of Tho.s Berry S.S.
And.w Russell James Keys Elizabeth Berry S.S.
David Carson Sam.l Edmiston
The Commonwealth of Virginia to Samuel Edmiston & James Keys Gent. greating. Whereas Thomas Berry and Elizabeth his wife by their certain Indenture of bargain and Sale bearing dates the ninth day of October 1797 have sold and conveyed to Augustus Elias Brovort Woodward one Lot in the town of Abingdon with its appurtenances containing one quarter of an acre, and whereas the said Elizabeth Berry cannot conveniently travel to our said county court of Washington to make acknowledgement of the said conveyance. Therefore we do give unto you power to receive the acknowledgement which the said Elizabeth shall be willing to make before you of the conveyance aforesaid contained in the said Indenture which is hereto annexed and we do therefore command you that you do presonally go to the said Elizabeth and receive her acknowledgement of the same and examine her privily and apart from the said Thomas Berry her husband whether she doth the same freely and voluntarily without his persuasions or threats and whether she be willing that the same should be recorded in our county court of Washington aforesaid and whom you have received her acknowledgement and examined her as aforesaid that you distinctly and openly certify us thereof in our said Court under your hands and seals sending then there the said Indenture and this cert. Witness John Campbell Clerk of our said Court at the courthouse this 9th day of October 1797 in the 22.d year of our foundation.
And.w Russell D.C.
PURSUANT to a commission from the court of Washington county to us directed we have proceeded to examine Elizabeth Berry wife of Thomas Berry privily and apart from the said Thomas Berry her husband and do hereby certify the said Court that the said Elizabeth Berry did in our presence declare that she willingly signed and sealed the writing hereunto annexed which was then shown and explained to her by us and consented that the same should be recorded. Given under our hands and Seals this 9th day of October 1797
Sam.l Edmiston L.S.
James Keys
At a Court held for Washington county the 17th day of October 1797
This Indenture of bargain and sale was proved in court by the oaths of James Keys, Samuel Edmiston and David Carson witnessess thereto and together with this commission annexed and certificate of the execution thereof Ordered to be recorded. Test And.w Russell D.C.
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NOTE: The following transcription of “September 1798 Power of Attorney” from Jonathan Weir which authorizes “James Berry” to sell a parcel of land to Thomas Berry is an important link between BERRY/WALKER and James BERRY/Elizabeth MCCUTCHEON. The James Berry who married Elizabeth McCutcheon was the oldest son of Thomas Berry Sr. and eldest brother of Thomas Berry, Jr, d. 1812. Thomas Berry Sr is the man who WFB asserted was the father of BERRY/WALKER. New information shows that Jonathan Weir was the younger brother of Mary (Weir) Walker, the mother of Elizabeth Walker. Another WEIR sibling was James Weir/Margaret Sharp whose daughter Anny Weir married Samuel Berry, another son of Berry/McCutchen. The three Weir siblings were among 13 children of Hugh Weir 1632 who died in 1779 in Rockbridge Co., Virginia.

This 1797 P.O.A. sells property from Jonathan Weir to Thomas Berry/Elizabeth Walker with James Berry [Berry/McCutchan] acting as attorney. BERRY/WALKER, in turn, combine this acquisition with a prior acquisition from Weir and sell it to Philip Catrine on 22 August 1798. [The 1797 POA was not actually recorded until 22 August 1798.] Make note in the Berry to Catrine deed that a commission to “privately examine” Elizabeth [Walker] Berry was ordered and the execution of that commission takes over a month, indicating that Thomas Berry/Elizabeth Walker had moved to Blount Co., Tennessee prior to August 1798. That is confirmed by the Blount Co., Tennessee deeds which are abstacted below the following set of documents.

21 August 1798 Washington County, Virginia Deed Book 2, Page 109
State of Tennessee)
Blount County ) December Session 1797
Know all men by these presents that I, Jonathan Weir, of Blount County and State aforesaid for divers reasons inducing thereto do constitute and appoint James Berry of Washington County State of Virginia my lawful attorney to acknowledge a Deed of Conveyance in my behalf to Thomas Berry for two hundred and eighteen acres of Land more or less laying on the South fork of Holstein joining Gideon Faires on the east Robert Houston on the north Robert Houston again on the South and James Weirs old place on the north east & I do hereby invest the said James Berry with as ample power & authority to convey the aforesaid Land to the aforesaid Thomas Berry as if I myself was personally present. In Testimony wherof I have hereunto set my hand and seal this 11th day of September A.D. 1797 & XXII year of our Independance.
Acknowledged in open court) Jonathan Wier S.S.
James Houston C.B.C)

State of Tennessee)
Blount County ) Sept. Session 1797
I James Houston Clerk of Blount County do hereby certify that Mary Wier wife to Jonathan Wier being examined agreeable to Law consenteth tot he within Power & that the within Power is on record in said Court. Given under my hand and private seal not having a seal of office this 14th day of September 1797 and XXII year of our independance. James Houston C.D.C

At a Court held for Washington County the 21st day of August 1798.
The above power of attorney with a certificate of the acknowledgement in Blount county State of Tennessee was exhibited into Court and ordered to be recorded. Test And.w Russell D.C.

21 August 1798 Washington County, Virginia Deed Book 2, Page 109,110
THIS INDENTURE made the twenty first day of August in the year of our Lord one thousand seven hundred and ninety eight, between Jonathan Weir and Mary his wife of the County of Blount and State of Tennessee of the one part and Thomas Berry late of the County of Washington and State of Virginia of the other part. WITNESSETH that the said Jonathan Wier for and in consideraton of the sum of 200 pounds current money of Virginia the receipt whereof is hereby acknowledged the said Jonathan Wier hath granted bargained and sold and by these presents doth Grant and sell unto the said Thomas Berry and his heirs one certain tract or parcel of Land containing two hundred acres to the same more or less lying and being in the said County and State aforesaid on a branch of the South fork of Holston river and is part of a larger tract containing four hundred acres Granted to the said Jonathan Weir by Patent bearing date on the tenth day of July 1786 bounded as follows BEGINNING a white oak on the South side of the knob a corner to John McQuowns part and with a line of the same S. 59 [39?] E. 100 poles to a white oak South 39 East 56 poles to a white oak and two sourwoods South 64 West 44 poles to a black oak on Faires’s Survey and with a line of the same South 35 West 40 poles to a white oak South 11 West 36 poles to a white oak and beech South 32 West 110 poles to a white oak and beech on a branch South 40 West 110 poles to a dogwood N. 81.5 W. 84 poles to a double and single poplar N. 56 W 74 poles to a white oak & hiccory on the head of a spring N. 52 E. 310 to the Beginning with its appurtenances thereto belonging TO HAVE AND TO HOLD the said tract or parcel of Land with its appurenances to the said Thomas Berry and his heirs forever. And the said Jonathan Wier and Mary his wife for themselves and their heirs will forever warrant and defend the said tract or parcel of Land with all its appurtenances unto the said Thomas Berry and his heirs against the claims of all persons whatsoever. In witness whereof the said Jonathan Wier and Mary his wife hath subscribed their names and affixed their seals the day and year above written.
Jonathan Wier S.S.
Mary Wier S.S.
By James Berry their attorney in fact,
At a Court held for Washington County the 21st day of August 1798.
This Indenture of bargain and Sale was acknowledged in Court by the above named Jonathan Wier by James Berry his attorney in fact and ordered to be recorded. Test And.w Russell D.C.

22 August 1798 Washington County, Virginia Deed Book 2, Page 120
THIS INDENTURE made this twenty second day of August one thousand seven hundred and ninety eight between Thomas Berry and Elizabeth his wife of the one part & Philip Catrine of the County of Washington and State of Virginia of the other part WITNESSETH that the said Thomas Berry and Elizabeth his wife for and in consideration of the sum of one thousand dollars current in the United States to them in hand paid the receipt whereof is hereby acknowledged Do bargain and sell unto the said Philip Catrine and his heirs or assigns forever one certain tract or parcel of Land containing two hundred acres be the same more or less lying and being in the said County of Washington on a branch of the South fork of Holston river and is part of a larger tract of four hundred acres Granted to Jonathan Wier by Pattent bearing date the tenth day of July 1786 the aforesaid two hundred acres conveyed to the said Thomas Berry by Indenture of bargain and Sale bearing date the 21st of August 1798 bounded as followeth to wit, BEGINNING at a white oak on the South sides of the knob a corner to John McGuowns part and with a line of the same South 59 East 100 poles to a white oak South 39 East 56 poles to a white oak and two sourwoods S 64 W. 44 poles to a black oak on Faires’s Survey and with a line of the same S.35W40 poles to a white oak S.11W.36 poles to a white oak and beech S.32 W.110 poles to a white oak and beech on a branch S.40 W. 100 poles to a double poplar thence with Houston N. 66 W. 5 poles to a dogwood N. 81.5W.84 poles to a double & single poplar N.56W 74 poles to a white oak and hiccory on the head of a spring N.52E.310 poles to the BEGINNING with all its appurtenances TO HAVE AND TO HOLD the said tract or parcel of Land with all its appurtenances unto the said Philip Catrine and his heirs to the sole use and behoof of him the said Philip Catrine and his heirs forever and the said Thomas Berry and Elizabeth his wife for themselves and their heirs do covenant with the said Philip Catrine and his heirs that they the said Thomas Berry and Elizabeth his wife and their heirs the said tract or parcel of Land with all its appurtenances unto the said Philip Catrine and his heirs against the claims of all persons whosoever shall warrant and will forever defend. In Witness whereof the said Thomas Berry and Elizabeth his wife have hereunto set their hands and seals the day and year first above written
Sealed & delivered in presence of Thos. Berry L.S.
And.w Russell David Campbell
James Keys James Longley
At a Court held for Washington County the 22nd day of August 1798
This Indenture of bargain and Sales was acknowledged in Court by the above named Thomas Berry and ordered to be recorded.
See page 123 Test And.w Russell D.C.

20 Sept 1798
Washington County, Virginia, Deed Book 2, Page 123
The Commonwealth of Virginia to William Wallace and William Lowery Gent, justices greeting. Whereas Thomas Berry & Elizabeth his wife by their certain Indenture of bargain and sale bearing date the 22d day of August 1798 have sold and conveyed unto Phillip Catron two hundred acres of Land with the appurtenances lying and being in the county of Washington to make acknowledgment of said conveyance. Therefore we do give unto you or any two or more of you power to receive this acknowledgment which the said Elizabeth Berry shall be willing to make before you of this conveyance aforesaid contained in the said Indenture which is hereto annexed. And we do therefore command you that you do personally go to the said Elizabeth Berry and receive her acknowledgment of the same and examine her privily and apart from the said Thomas Berry her husband whether she doth the same freely and voluntarily without his protestations or threaets and whether she be willing that the same should be recorded in our county court of Washington aforesaid. And when you have received her acknowlegment of the same and examined her as aforesaid that you distinctly and openly certify us thereof in current court under your ---?-- sending the ---?-- the said Indenture and this court. Witness John Campbell Clerk of our said Court and at the courthouse this 20d day of September 1798 in the 23d year of our foundation. And.w Russell D.C.

Pursuant to a commission from the county court of Washington to us directed we have proceeded to examine Elizabeth Berry wife of Thomas Berry privily and apart from the said Thomas Berry her husband and do hereby certify the said court that the said Elizabeth Berry did in our presence declare that she willingly signed & sealed the writing hereunto annexed which was was then shown and explained to her by us and concented that the same should be recorded. Given under out hands and seals this 1st day of October 1798.
Wm. Wallace L.S.
Wm. Lowrey L.S.
At a court held for Washington county this 16th day of October 1798. A Commission for taking the acknowledgement and privey examination of Elizabeth Berry to an Indenture of bargain and sale between Thomas Berry & the said Elizabeth Berry of the one part and Phillip Catron of the other part with the certificate of the -------?--- thereof were returned to court and ordered to be recorded. Test And.w Russell D.C.

Following Blount Co., Tennessee transcribed documents attributable to Thomas Berry/Elizabeth Walker.
3 August 1798
Blount County, Tennessee, Deed Book A, Page 38
Know all men by these oresebts that I Thomas Berry of the County of Blount and State of Tennessee have bargained & sold to Robert Guest and Gidion Blackburn ---?-- a certain tract or parcel of land adjoining the Town of Maryville and bounded as followeth, Viz BEGINNING in the West corner of sd. Town & running thence so. 52 East 37 poles & 4 feet With said town to a stak thence So. 3 W. 47 poles to a stak thence No 52 W 34 poles to a stak thence no. 32 E 45 poles to the beginning containing ten acres for the consideration of Sixty Dollars to me in hand paid the receipt whereof I hereby acknowledge which Land I warrent & defend to said Guest and Blackburn their heirs & c. from myself my heirs & c. and from all persons laying claim thereto the United States excepted. In Testimony Whereof I have hereunto set my name and affixed my seal this 3d day August in the Year one Thousand seven hundred and ninty Eight.
Attested )
Hugh Walker Thomas Berry (seal)
David Taylor)

9 April 1802
Blount County, Tennessee, Deed Book A, page 105

This Indenture impartially made the ninth day of April in the Year of our lord and one Thousand Eight hundred & two between Thomas Berry of the one part of the county of Blount, State of Tennessee John Lowery, John Montgomery of Maryville of the second part and George Yulle & c Manchester Virginia of the third part Witnesseth that for and in consideration of the sum of two hundred and four pounds and four pence farthing lawfull money as per Thomas Berry and Walkers bond dted 22d November 1797 due 22d day of May following & bearing Interest from the date mentioned which I the sd. Thomas am justly indebted to the s.d George Yuelle & am honestly desire to secure & pay to them with lawfull Intrest from the 22d day of May one Thousand seven hundred & ninety Seven and for and in consideration of the sum of five Shillins like money to the said Thomas Berry in hand paid by them the said John Lowery and John Montgomery in & before the signing and deliverying of these presents the receipt of which I do hereby acknowledge and also for devirs other Good causes & considerations me the said Thomas Berry thereunto pe---?--y moving & the said Thomas Berry have Given Granted bargained and confirmed and by these presents Give Grant bargain sell and confirm unto the said John Lowery and John Montgomery their heirs Executors administrators and assigns forever that tract of land containing three hundred thirteen acres by the same more or less lying & being in the County of Sevier State of Tennessee and Bounded as follows ----?--- Newells tract as formerly called his on the main road leading from seviersville to Maryville beginning on a black oak thence South 56 East leaving the main road 160 poles to an oak thence North 22 East 36 poles to a Stake thence North 50 W 160 poles to a dogwood thence to the beginning & sold to the sd. the s.d Berry by Given Black and conveyance dated 2d August 1799 and the s.d Thomas Berry doth Bargain sell assign and set over to the said John Lowery and John Montgomery for the purpose and consideration aforesaid all my right little Intrest claim and demand. Whatever of men the s.d Thomas Berry to or in the land aforesaid to have & to hold the said land with all its appertainances and Every part & parcil thereof unto the said John Lowery & John Montgomery their heirs Executors administrators and assigns from hence forth and forever is their own property Estate as fully & lawfully to all intent and purposes as I the said Thomas Berry my heirs Executors administrators jointly and severally might could would should or ought to do if these presents had not been made in trust nevertheless and to the intent and purpose that the said John Lowery & John Montgomery by their heirs administrators Executors or assigns jointly & severally shall after the ninth day of April in the Year of our lord and one Thousand Eight hundred and three with all covenient speed or as soon hereafter as the said George Yuell & c their heirs Executors administrators or assigns or the said Thomas Berry his heirs Executors administrators or assigns shall require whichever of these circumstances shall first happen -- sell & dispose of the said tract or parcel of Land after Giving ten days previous notice in our of the Knoxville Gazete for the best price that can be obtained in ready money and out fo the money arrising from such sale the s.d trustees their heirs administrators or assings shall pay of & satisfy the sum of one hundred and seventy nine pounds and four pence farthing with current money due to the said George Yuell and algather with all the casts charges & Expenses that shall occur or be any ways occured by reason or in account of the said sale and that thereafter the clear remainder of the money of there should be any remainder shall be paid to the said Thomas Berry his heirs administrators assigns. In Testimony whereof the said partises have hereunto set their hands and affixed their seals the day and Year4 first above
Signed sealed & delivered in presents of ) Interlined before signed Lawful money in the ninth
J. Wilkesen John Nicchol Samuel Glen ) line 8 page and sold to John Berry by ---?- Black in
conveyance dated 2d August 1799
Thomas Berry (seal)
John Lowery (seal)
John Montgomery (seal)
State of Tennessee) May Session 1803
Blount County ) I James Houston Clerk of the Court of Pleas & quarter Sessions for the
County aforesaid od certify that the within Deed of Trust was proven in Open Court by John Nichol and John Wilkesen Two of the subscribing witnesses thereunto. Let it be registered.
Registered May 25th 1803 J. Houston C.B.C
[Carol's NOTE: Is the John Montgomery the same man appointed Guardian of some of Thomas Berry's minor children and how might he be connected to the James Montgomery/Margaret Weir couple. Margaret was a sister of Mary (Weir) Walker, Elizabeth (Walker) Berry's mother. More research.]

7 February 1804 Blount County, Tennessee, Deed Book A, Page 127-128
This Indenture made this Seventh day of February one thousand Eight hundred and four Between Thomas Berry of Blount County and State of Tennessee of the one part and David Caldwell of the said County and State of the other part. Witnesseth that the said Thomas Berry for and in consideration of the sum of one thousand dollars ----?--- to the said Thomas Berry being in hand paid by the said David Caldwell the receipt and paiment whereof is hereby acknowledged hath Granted bargained sold Aliened confirmed and by these presents doth Grant bargain sell Alien and convey and confirm unto the said David Caldwell his heirs and assigns forever a certain tract or parcel of land containing six hundred and fourty acres Lying and being in the County of Robertson on the waters of the Red River at a beech oak the North East Corner to Thomas Johnston tract which includes the hundred and sixty poles to a post oak & two Black oaks bushes said William Johnston Northwest Corner thence with his line one hundred and Seventy poles to a Black oak then North one hundred and seventy four poles to a black oak then North one hundred and Seventy four poles to a hickory and red oak thence West on ---?--- a large Spring four hundred and fifty seven poles to a Stake on Thomas Johnston line thence East with his line two hundred west Eighty seven poles to the BEGINNING To have and to hold the said land and premises hereby Granted with the appertenances unto the said David Caldwell his heirs and assigns the only property use and behoof of him, the said David Caldwell his heirs and assigns forever and the said Thomas Berry for himself his heirs Executors and administrators doth hereby convenant promise and agree that he shall and will at all times hereafter warrant and defend the said Land and premises to said David Caldwell his heirs and assigns against all Lawfull claims and demands whatsoever whereby the above mentioned premises may be affected or incumbered contraty ----?--- --?-- intent and meaning of these presants in Witness whereof the said Thomas Berry hath hereunto set his hand and afixed his seal the day and year first above written.
Signed sealed and Delivered in presents of Thomas Berry (seal)
Devise Russell Enoch Penson
Registered 8th September 1804
State of Tenessee Blount County. The written Land of conveyance was proven in open Court by Enoch Penson one of the subscribing witnesses ----?--- Jas. Houston Clerk of the Court of Pleas and quarter Session for the County of Blount & aforesaid. February Session 1804.
[Carol's NOTE: This is an IMPORTANT deed. The deed does not state when or from whom Thomas Berry acquired the 640 acre tract in Robertson Co., Tennessee. Robertson Co., Tennessee is immediately adjacent to Montgomery Co., Tennessee which is where James Berry [Berry/McCutchen] died in Feb 1804. The 640 acres is a standard land grant for military service during the Revolution. It is unclear whether this might have been 640 acres acquired by Thomas Berry as a result of his own service or whether the 640 acres might have been belonged originally to Berry/McCutchen. There are NO Montgomery Co., Tennessee deeds which shows this Thomas Berry participating in disbursal of Berry/McCutchen estate. James Berry died in Feb 1804 in Montgomery Co., Tennessee. Thomas Berry died Sept 1805 in Blount Co., Tennessee. The 9 other children of Berry/McCutchen participated in Montgomery Co., Tennessee property disbursals in 1806 and 1809. Robertson Co., Tennessee deed films are on order to try to resolve this puzzle.]

6 June 1805 Blount County, Deed Book B, Page 38,39
Know all men by these presents that I Thomas Berry of Blount County & State of Tennessee in Consideration of the Sum of fifteen hundred dollars by me owning & due to Barclay McGhee of said County & state aforesaid the receipt of which I do hereby acknowledged to have before this time received have barained & sold & by these presents do Grant barain & Sell unto the Said Barclay McGhee his heirs & assigns the following My----?--- tenements hereditiments deed goods & chattles to Wit one Message piece parcel or tract of land consisting of one hundred & fifty acres being the Same I purchased of Christopher Heusey being Situate on Gallhirs track & Bounded by the Lands of John ------?--- Where David Ots formerly Lived Evan Allen Walter Keneday & William Baker together with the houses Mills two Stills & vistis & Distillery thereon & and
------?--- hereditaments thereunto in my ----?-- belonging & also my part of the hundred acres of Land purchased by S--?--- Steel from the Said Williams Baker & by me purchasd from Said Steel by verbal contract to have and to hold unto the said Barclay McGhee his heirs Executors administrators and assings the legal Eaquatable Right and title and possession of the above mentioned Several tracts or parcils of land with their hereditaments and appurtenances thereunto belonging together which will be in the Year of our Lord one Thousand Eight hundred & Seven forever thereafter and I the Said Thomas Berry for my self my heirs Executors & administrators the above mentioned Lands & tenenements goods & chattles unto the Said Barclay McGhee his heirs & Executors administrators & assigns against the right title & Claim of all & every other person the right of Government to the Said Lands Excepted Will Warrant & defend the Testimony whereof I have hereunto Set my hand & Seal this Six day of June in the Year of our Lord one thousand Eight hundred and five.
Signed Sealed and Delivered in presents of) Thomas Berry (seal)
John Wilkinson Pollay Berry )

State of Tennessee) November Session 1805
Blount County ) I James Houston Clerk of the County aforesaid do Certify that the within
Bill of Sale was proven in open court by John wilinson one of the subscribing Witnesses thereto & admited to Record. In Testimony whereof I have hereunto Set my name & affixed my privit Seal not having a Seal of Office at office this twenty ninth day fo November 1805. 30th Year of American Independance. J. Houston C.B.C
Registered 22d of February 1807

13 September 1805 Blount County, Tennessee Will Book Number 1, 1799-1858
In the name of God amen I Thomas Berry being now in my last sickness but through the mercies of God being Sound in Mind and memory do make this my last will and testament. In the first place I wil my Soul to God who gave it and that my body Should be decently intered in the earth. In the Second place it is my design that after my decease all my Just debits Shall be paid and that the residue of my estate may be distributed agreeably to law and it futher my desire that John Montgomery and John Lowery Shall be my Executors of this my last will and testament given under my hand this thirteenth day of September 1805. Thomas Berry
David Russell
Andw. Thompson
Back of document: “Last Will of Thomas Berry decd. Thoms Berrys WILL Sep 13 1805
filed in Court 25 November 1805
[Carol's NOTE: this is a photocopy of the front/back of folded document, and does not seem to be the Blount Co., Tennessee clerk's copy. More research into Blount Co., Tennessee records may definitively find when the Will was filed with the Court.]
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Following abstracted documents associated with the Thomas Berry/Elizabeth Walker couple. More research needs to be done in Blount Co., Tennessee records to find and analyze these records, land records, guardianship papers and any Montgomery Co., Tennessee records:

from "Tennessee Tidbits 1778-1914", Vol.1, compiled by Marjoried Hood Fischer
THOMAS BERRY -- died before Nov term 1805** when Will was entered. (Blount Co., Tennessee, Circuit Court Minutes 3, page 133) The executors John Lowry and John Montgomery were in a case. (Blount Co., Tennessee, Circuit Court Minutes 3, page 724). James Berry, Polly Berry, Betsy Berry, Patsy Berry, Walker Berry and Farezza Berry were minor children of Thomas Berry, deceased and John Montgomery is their guardian. (Blount Co., Tennessee, Circuit Court Minutes 3, page 294) James and Polly chose their guardian and one appointed for the rest. The last child's name given as Teresa. (Blount Co., Tennessee, Circuit Court Minutes 3, page 294)
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Knox Co., Tennessee, Book 1, pg 89: Hugh Walker 'on motion of Nancy Walker and Thomas Berry, Adms. for Hugh Walker, dec'd. pg 153: John Lowe and john McClellan settle with estate.
[Carol's NOTE: This reference from JoAnn Wear Spore . The citation is undated,however, Hugh Walker, died 1802. Hugh Waker was s/o Hugh Walker/Mary Weir, and brother to Elizabeth (Walker) Berry]
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BLOUNT COUNTY, TENNESSEE DEEDS
Deed Book 1, 1795-1819 Abstracted by Mrs. Jane Kizer Thomas
First number is page of this book by Jane K. Thomas. Numbers in ( ) indicate page number of Book 1 on which the deed is found. The 1st date shown is the date the deed was written, second is date of registration.

33. (19-20) Abraham Ghormley to David Caldwell: 1 June 1798, 15 Mar 1800, $450, 440 ac on Nine Mile Creek, animals, books, household property, implements of husbandry, to have and to hold for and during the term of ten years beginning on 1st June 1798 and ending 1808. Wit: J. D. Allen, Thomas Berry.

45. (27-29) Joseph Walker of Knox Co. to Edward Lynch, surviving partner of the late house of Kennedy and Lynch, mercahnts of the city of Philadelphia, PA: 23 Oct 1800, 18 Dec 1800, to satisfy judgment obtained in Knoxville for $3,014.10 on behalf of Kennedy and Lynch against Thomas Berry of Blount Co., and Hugh Walker of Knox Co., partners in trade as Berry and Walker, of which there remains unpaid the sum of $2,380.24. Set forth schedule for payment of balance due from Berry to Lynch before 23 July 1805. Conveys 340 ac where Thomas Berry now resides. Adj: Robert Culten, Wm. Glasgow, Bales, Edward George, James Craig. Conveyance from John Craig 28 Aug 1800 to Joseph Walker and another sheriff’s deed made by Joseph Colvill, Sheriff, 29 May 1799. Wit: John wilkinson, John Lowrey, James Parks.
[Carol's NOTE: Hugh Walker was a brother of Elizabeth (Walker) Berry. Unknown what relationship Joseph Walker was to Elizabeth & Hugh Walker, but was likely an Uncle.]

49. (31) Joseph Colville, Sheriff, to Joseph Walker of Knox Co,: 22 May 1799, 10 Dec 1800, $385, to satisfy judgments obtained by Jonathan Weir against Thomas Berry, plantation whereon Thomas Berry now lives, house, mill, distillery thereon, all adj. the town of Maryville. Wit: Joseph Kinson

98. (62-63) Edward Lynch of Philadelphia, Pa, surviving partner of the house of Kennedy & Lynch, to John Montgomery: By mortgage made by Edward Lynch and Joseph Walker of Knox County, Joseph Walker conveyed a tract containing 340 ac, being the same tract Thomas Berry lived on, adj Robert Culton, Wm. Glass, Edward George, James Craig. In consideration of $633.11 paid by John Montgomery, being balance due on said mortgage, Edward Lynch conveys property to Montgomery. Wit: B. M. Miller, John Lowery. Proven in court by Pleasant Miller and John Lowery. Sig: Edward Lynch by James Park, agent.

361. (260-62) Samuel Cowan, Sheriff, to John Montgomery: 30 July 1813, 15 Mar 1814, $270, public sale 20 July 1813 to satisfy judgment recovered by Edward Lynch against James Berry, Polly berry, Patsey Berry, Betsey Berry, William Walker Berry, Teresa Berry, heirs of Thomas Berry, deceased for $171.47; 285 ac on Pistol Creek, adj Jacob Danforth and Gideon Blackburn, John Gardner, David Owans, William Wallace, David Caldwell, Bartley McGhee, John Lowery, John B. Cusick, Commons of Maryville. Wit: John McCamble, Samuel McCroskey.

628. (469-70) Charles Donohoo, Sheriff, to John Montgomery: 3 May 1817, 13 Sep 1817, $4,143, by virtue of a decree of Supreme Court of Errors and Appeals made at court at Knoxville on 4th Mon. in Nov 1816 for Second Circuit, John Montgomery, plaintiff, and the heirs of Thomas Berry and Joseph Walker, defendant; public sale 3 May 1817; 285 ac on Pistol Creek, Grant #7 dated 20 Feb 1808, to William Berry and John Montgomery; adj Jacob Danforth, G. Blackburn, John Gardner and David Ownes, Wm. Wallace, David Couldwell, B. McGhee, John Lowery, J. B. Cusick, Commons of Maryville. Wit: Wm. Berry, Wm. Tool.
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It is also worth noting that the oldest son of Thomas Berry/Elizabeth Walker was named James Enfield Berry*. James Enfield Berry married Rebecca Crawford McChesney on 13 August 1818 in Blount Co., Tennessee. [http://ftp.rootsweb.com/pub/usgenweb/tn/blount/vitals/blountb.txt] Her parents were James McChesney and Sarah [or ‘Ella’] Crawford. It is unproven, but extremely likely, that this was the same James McChesney whose second wife was Charlotte Berry, daughter of Charles Berry/Mary Cunningham. Charlotte Berry married James McChesney 16 Nov 1797 in Augusta Co., Virginia. Could be that Charlotte Berry was step-mother to Rebecca Crawford McChesney. Charles Berry was a first cousin of Thomas Berry Sr.

*No primary or secondary source documentation has come to light to support WFB’s contention that the mother of Thomas Berry Sr, wife the ‘elder’ James Berry [died ca 1756], was named “Anne” or “Elizabeth” Enfield. In addition, the ENFIELD surname does not occur in any court records in either Augusta/Rockbridge or Washington counties that we have been able to discover.
Last Modified 11 Mar 2006Created 16 May 2011 by jim berry