| His sons all moved to northern VA and 3 even continued on the KY. |
| It is possible that both of Joseph's wives are one and the some orelse he married the Burnbury lady first since Catherine Simcock wasthe one mentioned in his will. |
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LDS records say he died 1747 in Stafford Co, VA, his will refutesthat. Will of Joseph Berry 1749 King George, VA. (Broken into paragraphs foreasier reading) "In the name of God Amen. I Joseph Berry of the County of King Georgeand Parish of Hannover being in good health and sound and perfectsence and memory as usually at other times past for which blessing Igive thanks and praise to Almighty God, but calling to mind theuncertainty of this life and that it is appointed for all men once todie do make and ordain this to be my last will and testament in mannerand form following, that is to say, first and inprimis I commend my soul into the protection of my greatand mercifull creator and my body to the earth from whence it came tobe decently buried at the discretion of my executrix hereafter namedin sure and certain hope of a joyfull resurection at the last day, andfor such worldly good as it hath pleased God to bless me with I giveas follows, vizt: Item: That, whereas by the Last will and testament of my fatherWilliam Berry, deceased bearing date the 5th of Feb. 1720 he has theredemised to my brother Enoch Berry the plantation and land whereon hethen lived in the following words, vizt..I give to my son Enoch Berrythe plantation I now live on with all the land joyning thereto now inmy possession being the third part of a certain pattent granted toEnoch Doughty by computation five hundred acres to him and his herislawfully begotten of his own body and for want of such heirs to fallto my son, Joseph Berry and to his heirs lawfully begotten of his ownbody. Now that I am heir at law to my mother she being the daughterof said Enoch Doughtly, I am apprehensive that the said clause orparagraff mentioned in my said father's will does not convey a legaltitle to my said brother Enoch Berry in the said land, butnotwithstanding as I know it was my Mother's desire and my father'swill that my said brother Enoch Berry should have a part of the saidland, I do therefore declare and am well contented that it should beaccording to their will and desire, but as my brother Enoch Berry andI have formerly agreed that he the said Enoch should have in lieu ofthe said land given to him by my father's will the upper part of thesaid land being the plantation whereon I formerly lived before thedeath of my father Wm. Berry, now I do hereby desire and it is my willthat my said brother Enock Berry do hold the said plantation whereon Iformerly lived as above said it being the same plantation whereon mybrother Enoch Berry now lives with all the land lying between theNorth easternmost bounds of the said Pattent and the Creek calledDoughty's creek which creek is the division between his land and mine,his land being the upper part of the whole tact to him and the heirsof his body lawfully begotten and for want of such heirs to return tothe heirs of my body lawfully begotten in the same manner as ismentioned and intended in my fathers will aforesaid, but if it shallhappen at any time hereafter that my brother Enoch Berry or his heirsor any other person or persons claiming under them shall claim anyright or title to the land whereon I now live it being the same landwhat is mentioned in my father's will aforesaid or shall bring anytroublesome or vexatious suit in law against my heirs, executors orany other person or persons claiming by me or my heirs on account ofthe aforesaid gift intail mentioned in my father's will as aforesid,that then this paragraff in my will as it above recited shall beutterly void and of none effect and that my heirs, executors oradministrators or any other person claiming by them shall have powerand authority to enter and possess the premises above mentioned as ifthis demise had never been mentioned in my will. Item: It is my will and desire that my well beloved wife CatherineSimcock Berry do hold and possess my land and plantation whereon I nowlive during her life only allowing to my son Joseph Berry the libertyof the house which he has lately built and the liberty of buildingsuch other houses as he has occasion for with a reasonable portion ofground to work on provided that he shall have no privilige to work anyland but such as his Mother is willing to let him have without beingprejudicial to herself. Item: It is my will and desire that after the death of my wifeCatherine Simcock, my land whereon I now live be equally dividedbetween my 2 sons Joseph and Benjamin Berry allowing to each part anequal breadth upon the River counting from the mouth of the Creek tothe lower corner of the tract next to Col. Carter's land, the line orlines for the division to extend back from the River to paralletlCarter's lines, my son Joseph to have the first choice after thedivision the said land to them and their heirs forever, but if itshall happen that either of my said sons Joseph and Benjamin shall diewithout heirs or making any legal disposition of the parts of the saidland that then the inheritance shall descend to their next brother,vizt. my son Withers he being my third son, and if they should bothdye without heirs or otherwise disposing of their land in theirlifetime that then the inheritance thereof shall descent to the saidson Withers and his next brother Thomas, my fourth son, to be held bythem in the same manner as is above mentioned to their older brothers.Likewise if my 2 sons Withers and Thomas should bothe or either ofthem dye then the inheritance shall descend to their 2 youngestbrothers, Baldwin and Reuben, my 5th and 6th sons, in the same manneras is above mentioned to their older brothers. The meaning of myintent and desire that my 2 oldest sons then living or their heirs mayfrom time to time hold my said land between them, and if my said sonsor any of the or their heirs they being at the same time in right andproperty to sell or convey the whole or any part thereof belonging tothem as they shall think fitt. Item: It is my will and desire that my wife Catherine SimCock do holdall my other estate both real and personal during her life to use anddispose thereof at her own discretion in paying my debts and funeralexpenses and likewise for her own support and the support andmaintanance of my children until the youngest come of age which Idesire may be under her tuition and if any part of my estate or theprofitts thereof (excepting the reversion of my land as above demisedto my sons) be left at her death that it may go to my children to bedistributed amongst them according to the discretion of my afresaidwife Catherine Simcock Berry whom I do hereby constitute and appointto be whole and sole Executor of this my last will and testament and Ido hereby revoke and disannull all former wills by me heretofore madeand do ratifie this to be my true and last will as witness my hand andseale." |