LAST WILL AND TESTAMENT OF
Samuel Berry
Recorded:
The State of
County of Angelina } county, being of sound mind and
disposing memory, and of sound body and conscious of the uncertainty of human
life, do make ordain and establish this as my last will and testament.
1st I desire that all my just debts shall be paid.
2nd I desire and request that no action shall be taken in the District Court
nor in any other court having jurisdiction of the estate of deceased persons in
the administration of my estate except to prove and record my will and to
return an inventory and appraisement of my said estate - my object being
effectually and entirely to entrust the management of my said estate to my
executors, and to avoid the delays, expenses, and interferences of any court of
county in the management of my said estate preferring to entrust all of my
interests after my death to the integrity of those to whose direction and
management thereof I shall now, or may hereafter by will or codicil hereto
entrust it.
3rd I give and entrust to my executors full power to sell and dispose of by
exchange, trade, barter or otherwise any property belonging to my estate which
is not specifically given or bequeathed as a special legacy, whenever it is
necessary to do so to raise money to pay debts, taxes, costs or such matters,
and power to compromise and adjust all claims against my said estate for
moneyed demands, or other claims against my said estate.
4th I give and bequeath to my daughter Mrs. Julia Ann Jones two hundred acres
of land off of the North West corner of the 640 acre tract on which I now
reside, the said 200 acres being adjoining to a tract of 640 acres of land
patented to Amos Clark and R. S. Walker as the assignee of Thomas Sims - the
said 200 acres to be taken in a square shape beginning at the North West corner
of my said 640 acres or homestead tract.
5th I give and bequeath unto James McKinney one half (the same being of my
community interest) of my equal one half interest in the remainder of my
homestead tract. Said homestead tract comprising said 640 acres and a 320 acre
tract known as the Wm. Mitchel headright
survey - and the remainder of my said interest I give and bequeath to my
beloved wife Elizabeth Berry in and to said homestead
tract of 640 acres.
6th I give and bequeath to my beloved wife Elizabeth Berry a tract of 320 acres
lying in Angelina County known as the place on which my son Edward Berry
formerly resided until his death, and adjoining a tract of 640 acres of land
belonging to me.
7th I give and bequeath unto my grand children, William M.- Samuel - Joseph and
Mattie Berry, the children of John Berry deceased, my one half community
interest in and is one hundred and sixty acres of land in said county known as
the tract on which my son John Berry formerly resided.
8th I give and bequeath unto my daughter Elizabeth Moffett and to the heirs of
her body to be begotten one hundred and forty acres of land to be taken off of
the north end of a six hundred and forty acre tract in said county lying on the
Angelina river, same being the tract conveyed to me by Wm C. Johnson and
supposed to be a part of the headright of Bluford Mitchel the said 140
acres hereby bequeathed is given to said Elizabeth Moffett and to the heirs of
her body to be begotten, and if she die without issue, remainder acres is
hereby given at her death to Joseph Berry my grandson, the son of Samuel Berry
Jr.
9th I give and bequeath unto my beloved wife Elizabeth Berry all the residue
and remaining interest owned by me at my death, in property of whatsoever
description, real, personal or mixed, horses, cattle, hogs, stock, contracts,
money, etc. absolutely and entirely.
10th I hereby nominate and appoint my beloved wife Elizabeth Berry, my son
Andrew J. Berry, and my friend James McKinney my executors to carry out this
will, and I expressly dispense with the necessity of either of them giving any
bond as such executors - and I request them as soon as practicable after my
death to pay all just debts against me, if any exist, and to deliver the
property bequeathed by me to the respective legatees entitled thereto.
In testimony whereof I have hereunto set my hand through and by Richard S.
Walker of the town of Nacogdoches who signs the same for me and in my name in
my presence and under my direction and also in the presence of the undersigned
subscribing witnesses which said witnesses also hereunto subscribe their names
as witnesses at my request and in my presence this the 8th day of October AD
1870.
Witnesses:
James R. Cheaney Samuel
John Wilkerson
Richard S. Walker
LAST WILL AND TESTAMENT OF
Elizabeth Berry
Recorded:
Minutes of the Probate Court, May Term.
The State of
In the first place I want my just debts paid. I owe no body but Dr. DuBose.
I will all my little affairs that is left land and everything that is belonging
to me sold is equally divided all the money coming in my name from anywhere or
found here. I want Alice J. Benet to have ten dollars
Mary Mays ten dollars Sarah E. McKinney ten dollars Mattie Berry Jo Berry wife
ten dollars and my clock and my kettle Andy J. Berry one dollar all the rest
such as my beds and clothing divided fair between Wm P. Berry and and John L. Berry his heirs Wm Samuel Jo and Matty.
Samuel Berry and M. A. E. Moffett and J. A. Renfro which I claim as my children
it is but little but do not fight about it.
I appoint Wm P. Berry and Samuel Berry to carry this out if needed and prove
and record the same where as there witnesses have subscribed their name by my
request this the twenty fourth day of July in the year of our Lord 1879.
Elizabeth Berry
Examined and approved
Attest: E. S. and F. McMullen Co. Clk AC