His will, dated 5/16/1748, named wife Sarah and the 9 children listed here.
The inventory of the estate included extensive property and 21 slaves. He left plantations and slaves to the children and 10 shillings to "son" Enoch who was probably a cousin.
The will said:
Monday May the 16th In the year of our Lord Anno: Dom: 1748.
In the name of God Amen. I Henry Berry of King George’s County in Hannover Parish lying dangerous(ly) ill but hope for mercy from the Almighty God to restore me to my former state of health, I the aforesaid Henry Berry of the aforesaid County & Parish do make and ordain this my present Last Will & Testament in manner and form following.
First: I will that my debts and funeral charges shall be paid and discharged.
Item: I the above mentioned Henry Berry of the above mentioned County & Parish do give and bequeath unto my son Joel Berry and Henry Berry his brother all the land that I hold that the said Joel Berry now livesupon and all the land between the two swamps and the land that I the said Henry Berry, Senior, purchased of Thomas Barton lying in the Prince William County in the Parish of Hamilton, only Joel Berry is to have the choise of the two plantations and his heirs forever.
Item: I give and bequeath unto my son Benjamin Berry a piece of land joyning to Benjamin Stribling on the north side of the branch - all that tract or parcel of land in King George County in the Parish of Hannover to him and his heirs forever.
Item: I give and bequeath unto my son William Berry all that tract or parcel of land on the south side of the said branch between his son Joel’s and his mannor plantation to him and his heirs forever.
Item: I give and bequeath unto my son George all the land that I purchased of John Diskins, Bradley Gardener and the mill lying and being in Prince William County in the Parish of Hamilton to him the aforesaid George Berry to him and his heirs forever.
And I do stricktly (sic) hereby charge one and every one of my aforesaid sons that they shall not take any advantage one of the other after my decease it being my last Will and Testament.
Item: Moreover I Henry Berry, Senior, do give and bequeath to my son Joel Berry one Negro called Moll and one Negro (sic) Harry and Tony to him and his heirs forever.
Item: I give and bequeath to my son Henry Berry one Negro (sic) called Ben & Bacchus & Sam & C:
Item: I give and bequeath unto my son Enoch Berry left 10 shillings.
Item: I give and bequeath unto my son Benjamin Berry one Negro Henry and Tom.
Item: I give and bequeath unto my son George one Negro called Tom & Winey & Dinah & Gloster
Item: I give and bequeath unto (?my son?) William Berry one Negro called Bess and Toby & Liza.
Item: I give and bequeath unto my daughter Ann Berry one Negro called frank snd one Negro called Anach to Eliz: Bronough her daughter.
Item: I give and bequeath unto my daughter Mary Berry one Negro called Grace & Cesar.
Item: I give and bequeath unto my daughter Elizabeth Berry one Negro called Rose and Robin.
Item: I give and bequeath unto my daughter Sarah Berry one Negro called Dick & Lucy.
Item: Moreover I the aforsaid Henry Berry, Senior, of King George County in Hannover Parish, do give and bequeath unto my son George Berry a new still to be in his possession.
Item: I give and bequeath unto my son William Berry the old still that is below to have and to hold in his own possession.
Item: I give and bequeath unto my son George Berry a Riffled Gun to have and to hold in his own possession; also “a Dunn Horse.”
I do leave Sarah Berry my wife full and whole executor or executrix of all the full and within mentionedof this my Last Will and Testament during her widowhood, but if the said Sarah Berry my wife should marry she shall be cut of & void of being Executor or Executrix and I do hereby appoint Joseph Berry to be my Executor’s in her room and after the decease of my wife that Henry Berry, Junior, & Benamin Berry & George Berry & William Berry & Elizabeth Berry & Sarah Berry to have an equal share of the estate & Joel Berry to have half a share and I desire that Joseph Berry and Enoch Berry should look over the estate and see that it is not wasted.
Be it known unto all men by these presents this being my Last Will & Testament and that all things herein contained and mentioned be faithfully and truly preformed and as fully and amply in every respect as if the same were so declared and set down in my Last Will & Testament. In Witness the day year & date above written.
Item: I Henry Berry, Senior, of King George County in Hannover Parish do give and bequeath to my wife Sarah Berry one Negro Arrah to be at her own disposing.
Signed Sealed & Delivered)
In Presence of us . . . )
John ( -I- ) Siers
At a court continued and held for King George County on Saturday September the 8th 1750.
Administration of the Estate of Henry Berry, Deceased, with the Will annex’d is granted unto (Cousin) Joel Berry, the Executors named in the said will refusing the Execution thereof, the said will being proped by John Seires (sic) one of the witnesses thereto is admitted to record.
Harry Turner Cl: Cur:
(N.B. Although Henry Berry frequently says he is bequeathing one of his children “one Negro” and names one or more by name it is certain this is simply his style. The inventory of the handsome estate of Henry Berry in King George and Prince William counties is of record in King George County Deed Book #6, Pages 68 - 69 and 72. Twenty one Negro slaves are enumerated and valued by name
It appears likely that Henry Berry, Sr. died in late 1748, but there was difficulty in the probate of his will. COB#2, p.609:
3 feb 1748/9 - Sarah Berry came into court and refused to accept any legacy bequeathed to her by the will of her late husband, Henry Berry, deceased.
Ibed. , p. 674: 8 September 1750 - Administration on the estate of Henry Berry, deceased, with the will annexed, is granted to Joel Berry, the executors named in the said will refusing to act. Isaac Farguson became Joel Berry's security
Ibed., p. 682 indicates Henry Berry, deceased, died seized of plantations in the counties of King George and Prince William. Inventories of his personal property on these plantations were admitted to record 5 October 1750 and recorded in I#2, p. 68-69 for King George County, and 2 November 1752 and recorded in I#2, p. 72 for Prince William County.