WILL OF BENJAMIN BERRYMAN (1675-1729) Westmoreland County, VA, Book 8, p 366 In the name of God, Amen! I Benja Berryman of the County of Westmoreland, being in perfect health and memory praised be to God for the same do make and ordain this my last will and testament in manner and form following. First I give my soul to Almighty God hopeing through the merits of his son Jesus Christ he will accept the same and my body to this earth to be decently buryed in the burying place of my fathers as my executrix shall see fit and as for my worldly goods I give and dispose thereof as followeth (1) I give to my son James my house and land whereon I now live including this land I bought of Hugh French and the land I reside to James and the land bought of Captain Anthony Thornton alone my mutton Grist mill to him the said James Berryman and heirs male of his body and for want of such to my son Maximilian Berryman and his heirs male of his body and for defaults of such heirs to my son John and the heirs male of his body and for default of such to my son Newton and the heirs male of his body and for default of such heirs then to my son Henry and the heirs male of his body and for default of such then to my son Benja Berryman and the heirs male of his body and for default of such heirs then to my grandson Gilson Berryman and the heirs males of his body and for default of such heirs then to my right heirs att law. (2) I give to my son Henry Berryman two hundred adkers of land partes of ye lands I have in the parrish next and adjoining to ye lands of John Popham to him and the heirs males of his body and for default of such heirs to my son William and the heirs males of his body and for default of such heirs to my son James ----son Maximillian---son Newton----John----grandson Gilson Berryman--- son Benjamin-- (3) I give to my son William the rest of my parrish lands which I suppose to be four hundred and three ackers with what I bought of Ornhall Whitehouse and Russel to him and the heirs males of his body and for default of such to my son Henry----son James----son Maximillian----son Newton----son John----grandson Gilson----son Benjamin---- (4) My lands in King Georges County that I escheated from Samuell, Dunley Jacob Danill and John Farmers being four hundred ackers, two hundred of ye said farm I have given by deeds to my son Benjamin, acknowledged in King George Courts, as by this deeds thereof this remaining two hundred ackers I give to my John and the heirs males of his body and for want of such heirs I give the said two hundred ackers of land to my son Benjamin and his heirs forever. (5) I give to my son Newton Berryman and to my son Maximillian Berryman Six hundred and sixty three ackers of land att a place called the Marsh in King George County to be equally divided between them and if either of my said sons should dye before he has lawfull issue, males that then the land shall go to the survivor of them and if both should dye before the land is divided and should leave issues males that then the said land shall be divided between the oldest sons and if they should dye with out issues, male, that is both, Newton and Maximillian, then this land to go to be equally divided between my two sons Benja Berryman and John Berryman and the heirs males of their body forever. (6) My son Benja Berryman hath his part of negroes and is possessed of them and I do by this my will confirm them to him, he hath also had his share of cattle, hoggs, household good. Also my daughter Rose hath had her part, and my daughter Anne her part and my daughter Elizabeth her part so that I give them not more and need not say any further of them. (7) And now the negroes that I am possess of is about thirty which said negroes and there increase. I give to my six sons and three daughters that is to say William, James, Newton, Maximillian, John and Henry only two negroes a piece. I give to my three daughters that is to say Sarah, Frankey and Cates which said negroes are to be set out to them and delivered by my wife there mother as she shall think fitt, that if she pleses to give one more than another she has full power by this my will so to do nay to take either one or all the negroes from all or one of my three daughters Sarah, Frankey, or Catey that I have given them in this my will and to give it to which of my sons or daughters she shall plese and thereuppon if she should so think fall. I to that intent revolk the gifts to the said three girls and wholy put it into her power oras she disposes of them, to my children and this grater trust I put in I put in her because I think she will do justice according as they will deserve and that they are all her children as well as mine and my will is that my housealls goods and stock of what nature it be. I give to my children that is to say William, James, Newton, Maximillian, John, Henry, Sarah, Frances and Cate to be divided by there mother among them as she shall see fitt and to give them there portions equalls or unequall as she shall please. (8) My will is that my pictures grater glass and Scretors (?) and Clock be not removed out of this Hall except Gilson's father and mother which I give to him when he shall be of the age of twenty one years Also Bene pictures I give to him and my one and his mothers after his mother's death or before if she pleses to let him have them, the rest I give to my son James except Billy's pictures which I give to Billy the rest to stand in the Hall as long as it remains tenantable. (9) My will is that notwithstanding what I have given to my children above, my wife if she pleses keeps all and singular my estate of lands houses mills and negros housealls goods stocks of what sort were in her possession during the times she shall remain my widow and keep herself unmarried and that she take the proffits to her own use for her support and maintainance of the children and to keep the mills and housing in repare and that at her death if she herself unmarried so long to make distribution of all the negros with there increase to my said six sons or the survivors of them that is to say Will, James, Newton, John, Maximillian, and Henry or if she pleses she may make distributuion as she will or they want itt, before her death and that the distribution be made to my children according as I have by this my will given her power and that if she should think fitt to marry again itt is then my will that my son Benja Berryman take all my estates and also my children to his care and management for the use of my children but if my wife keeps herself singell till her death then it is my will that she dispose of the children and there estates into such hands as she by her will shall fall and during the times she shall be unmarryed that she be my sole Executrix and to have the sole administration herself but if she marryes then her executorship to cease and then my son Bene to be my executor of this my last will and testament in full and ampell maner as may be. In Witness wherof I put my hand and seal this 13th day of May 1729 Benja Berryman (seal) Test Test Richard Ames, William Burch Test Tho. Sharpe, Thos Stonehouse Moses Caddy Memorandum, that on my second thought I think convenient to make my sons Will, Berryman, and James Berryman to be my executors with my son Benjamin Berryman, but not to administer nor concern themselves with it til my loving wife shall marry then notwithstanding then they take the estate, they are not to -------- him of her thirds and forasmuch as I have intailed my lands on my sons and their male heirs for want of such heirs the lands I have give to sum other youses it being of what nature sworn I revoke in case of failure of the male heirs of my sons then I give to my four daughters Rose, Sarah, Frances and Catherine and the heirs male of there bodys and for want of such I give to my sons dauters and thear heirs forever to Witness my hand and seal this forth day of August in year 1729 Benja Berryman (seal) Test Tho Sharpe, Tho Stonehouse Moses Caddy Benja Berryman (seal) Westmoreland At a Court held for this County the 29th day of August 1929 This last will and testament of Benjamin Berryman gent decd together with the codicils underwritten was presented into court by his relict and Executrix who made oath therto and being proved by the oaths of all the witnesses theretc except Moses Caddy as admitted to records Test G Turbervile CCW Recorded this 28th day of August 1729 G. T. CCW Submitted by Mary Love Berryman