Will of John Berry

Pettis County, Missouri
Vol 1, pp 133-135

I John Berry being Weak in body but of sound and disposing mind do make this my last Will and testament in manner and form following:

First I desire that all my just debts be paid.

Secondly, I give and bequeath to my wife Mary Berry after the payment of my debts one third of my real and personal property, the third of my land and slaves for and during her natural life and the third of my personal estate to be held by her absolutely to dispose of as she may please and it is further my desire that none of my children shall sell their reversionary interest in any part of the estate devised to my wife until after her death unless she may choose to relinquish any portion thereof for sale and distribution among my children and if any of my children shall attempt to sell their reversionary interest in the estate herein devised to my wife for life contrary to the provisions of this will, such child or children shall forfeit their reversionary interest in the estate herein devised to my wife for life. As to the rest and residue of my estate I desire that it may be equally divided among my children share and share alike, each one accounting for what they have already received by way of advancement & according to the charges made against them respectively in a Book which I have Kept for for the purposes and no advancement to be taken into the account except such as I have charged in Writing. My Executor hereinafter appointed is hereby authorized to sell that portion of my estate which on a division thereof will be coming to my son James H Berry and apply the proceeds of the sale to and for the use and benefit of the Wife & children of my said son James H Berry and my executor on payment of the proceeds of said sale to any trustee who may be appointed for the wife & children of my son James in Missouri where they now reside shall be released from further responsibility on account thereof it is further my will and desire that the estate hereby bequeathed or devised to my daughters be for their respective separate uses free from the control of their present of any future husband and if it shall be preferred to sell the estate hereby devised to any daughters any portion thereof. I desire that the proceeds of such sale or sales in the same may be second to the separate use of my daughters respectively. Whereas my son William and myself purchased a tract of land from Isaac Ulimy (?) of about one hundred and seven acres on which he now lives, I do give and bequeath to my son William my equal individual half of said tract of land at twenty three dollars an acre for my half, he accounting for that sum on the division of my estate.

I do hereby appoint my sons William and Alexander the executors of this my last Will and testament made and published this 16th January 1851.

John Berry

Teste - J. R. Curry, George Reneker

State of Kentucky, Harrison County Court, February term 1851, I Perry Wherritt clerk of said county certify that this writing purporting to be the last will and testament of John Berry dec'd was produced to court at the above term and proven by the oaths of J R Curry and John Reneker the subscribing Witnesses thereto whereupon the same was established and ordered to be recorded which is done this 30 Sept 1851. A copy attest: P Wherritt, Clk

State of Kentucky, Harrison County

I Perry Wherritt, Clerk of said County Court certify that the foregoing Will of John Berry dec'd is truly and correctly copied from the record of said original Will now on file in my office which is recorded in will Book F, Page 427 CC together with the foregoing certificate of Probate of said Will.

In testimony of which I hereto set my hand and affix the seal of Court done in my office at Cynthiana, County and State aforesaid this 20th day of September AD 1859. P Wherritt, Clk

I, James R Curry, presiding judge of the Harrison County Court in the state of Kentucky do certify that Perry Wherritt whose name appears to the foregoing certificate is and was at the date thereof the clerk of said County duly commissioned and qualified according to law and that full faith and credit is and ought to be given to all his official acts as such.

In witness of which I have signed my name this 20th day of September 1859. James R Curry, P J H C Court

Filed for record Oct 6th 1859

Submitter: Transcribed by Cathy Warbritton as is and as a service. She is not researching these families and does not have further genealogical information on them.