The Will of Thomas S. Berry
February 1882
Nelson County, Virginia, Will Book N, p. 257
I, Thomas S. Berry of the County of Nelson and State of Virginia, in view of the uncertainty of life, to make this my last will and testament and bequeath my estate as follows, to wit:
1st – It is my desire that all of my just debts and burial expenses be paid as speedily as possible.
2nd – I give to my wife, Mildred C. Berry one third of all my estate both real & personal, during her life time, to be used for her own comfort and support as she may think best. And after her death, it is my wish that this 1/3 shall go to my son James N. Berry with the residue herein stated.
3rd – All the residue of my estate, both real and personal, I give to my son James N. Berry at my death in fee simple to be used and managed as he may think best and also the 1/3 devised to go to my wife during her lifetime, at her death I desire to go to my son James in fee simple.
4th – I recognize the fact that I have other children, namely John A. Berry, Margaret J. Dodd, wife of Zachariah Dodd, A. M. Dodd, wife of Wm. D. Dodd, Wm. R. Berry, Henry N. Berry, Ella F. who married Dia Critzer, and George W. Berry, for all of these I have heretofore done what I could, and now that I am and have been helpless for some years and my son James having remained with me and still remains and supports me, I have devised my property as aforesaid, believing it to be just and right.
Lastly, in order to carry out this my last will, I hereby appoint my son James M. Berry my Executor and not wish him to be held to security.
With my hand & seal this 17th day of February 1882.
Thomas S. Berry
X his mark
Witness:
R.W. Saunders
Wm. H. Saunders
At a County Court begun and held for Nelson County at the Courthouse thereof, on Monday August 25th, 1884.
A writing purporting to be the last will and testament of Thos. S. Berry, deceased, was this day presented to the Court and proved by the oath of R.W. Saunders one of the subscribing witnesses thereto and ordered to be recorded as the One last will and testament of the said Thos. S Berry, deceased. And on the motion of James N. Berry the Exor named in the said will who made oath as the law directs & entered into a bond in the penalty of $2000. Containing a waiver of the Homestead Exemption & conditions according to law, but without security the will directing that none should be required, which said bond being acknowledged by the obligor therein is ordered to be recorded.
Certificate is granted the said James N. Berry for obtaining probate of said will in due form.
Teste: W.M. Hill, Clerk