12/23/1758 Apparently in preparation for joining relatives in northern VA, he and his wife, Mary, conveyed 150 acres to Colonel Charles Carter of "Cleve," the deed stating it was land left him in his father's will of 1759.
Joseph's will, dated 8 May 1806, Proven 20 Apr 1807, Frederick Co., VA said:
In the name of God amen I Joseph Berry of Frederick County and State of Virginia being in a tolerable State of health and sound in mind and memory do make and ordain this to be my last will and testament in manner and form as follows.
First and principally I give and bequeath my soul unto almighty god hoping for acceptance thereof through the merits of Jesus Christ and my body to be buried in a decent and Christian like manner, at the discretion of My Executrix her in after mentioned and with respect to my worldly estate, all my Just debts being first paid and Discharged, I will & dispose of in manner following...
Item, I give and bequeath unto my son FRANCIS BERRY one dollar and no more;
Item I give, and bequeath unto my son BENJAMIN BERRY one Dollar and no more.
Item I give and bequeath to my Daugter REBECKAH EARLS who was REBECKAH WOOD, who was REBECKAH BERRY one Dollar and no more.
Item I give and bequeath unto my Daugter SUSANNA CONWAY late SUSANNA BERRY one Dollar and no more.
Item I give to my Daughter MARY CONWAY late MARY BERRY - one Dollar and no more.
My reason for giving the said Francis, Benjamin, Rebeckah, Susanna and Mary BERRY, no more of my Estate is that they have received their full parts before this period.
Item I give and bequeath to my loving wife HULDA BERRY all my Estate both real and personal during her life or widowhood, for her the said HULDAH BERRY to dispose of amongst her children as she thinks best but should she marry it is my will that, she should have one Eighth part of my Estate to her and her heirs forever, and no more; but Should she continue Single after my Decesae, it is my desire for her always to have the benefit of my estate both real and personal at her own disposal and whatever of the estate may be in her hand, at her death to be equally divided amongst my seven Children Viz: PEGGY BERRY, SARAH BERRY,JOSEPH BERRY and HULDAH BERRY, THOMAS BERRY, WILLIAM B. BERRY and KATHARINE BERRY to them and their heirs forever.
Item and Lastly it is my will and desire that that (sic) my loving wife HULDAH BERRY be my Executrix of this my Last will and Testament requesting that no security be required of her upon her qualification as such. In Witnefs whereof I have Subscribed my name and affixed my seal this Eighth day of May in the year of our Lord Eighteen hundred and six.
Signed sealed and
delivered in presence of Jos. Berry [seal]
Abraham Hes (Hess)
At a Superior court continued and held for the district composed of the counties of Frederick, Berkeley Shenandoah and Jefferson at Winchester the 20th day of April 1807. The Last will and testament of JOSEPH BERRY was produced to the court and proved by the oaths of JAMES HATHAWAY and ABRAHAM HEFS witnefses thereto and ordered to be recorded, and on the motion of HULDA BERRY the Executrix therein ------- she having made oath and entered into bond in the final sum of ten thousand dollars conditioned as the law directs (the said will directing that security should not be taken and it appeasing to the Court by the oath of