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Currituck County Wills

Barbara Berry
Sept. 26, 1876 - Feb. 13, 1888
Currituck Co. Will Book 5, p. 157

I Barbara BERRY of the County of Currituck and state of North Carolina being of sound mind and disposing memory do make this my will and testament in maner and form as follows, that is to say--

Item first.  I give bequeath and devise unto my son Norris OWENS one half of all the lands I die seized and possessed of on conditions as follows; that he is not to have any of my buildings or the value of them also he is to pay to my daughter Polly EVANS, decd. heirs the sum of fifty dollars also to pay to my daughter Barbara OWENS or her heirs the sum of fifty dollars on the above condition it is my will that my son Norris OWENS shall have the one half of my land and not until he does comply with the above conditions.

Item 2d.  I give bequeath and devise unto my son Thomas BERRY one half of all my land I die seized and possessed of including all my buildings on his half on conditions as follows; that he is to take care of my daughter Penny BERRY during her natural life and treat her well and also to pay to my daughter Matilda OWENS the sum of fifty dollars on the above conditions it is my will that my son Thomas shall have the one half of all my lands including all my buildings and if he shall fail to take care of my daughter Penny as he ought to it is my will that my daughter Penny shall have the one half of my lands & buildings during her life and then at her death to go to my son Thomas BERRY.

Item 3d.  I give and bequeath unto my daughter Penny the choise of my beds & steads.

Item 4th.  I give and bequeath unto my son Thomas one bed & stead.

Item 5th.  I give and bequeath unto my daughter Barbara one bed & stead.

Item 6th.  I give and bequeath unto my daughter Matilda one bed & stead.

Item 7.  I give & bequeath all my bed covering to be equally divided between my daughters Penny, Barbara, Matilda and son Thomas.

Item 8.  I give unto my son Thomas all my hogs and provisions on hand if any at my death.

Item 9th.  I give and bequeath unto my daughter Penny all the balance of my property of every description with the understanding that at her death what she has not disposed of during her life is to go to my sons Thomas & Norris and daughters Barbara, Matilda and their heirs.

In witness whereof I signed sealed and declared this to be my last will and testament this September 26th AD 1876.
             /s/ Barbara [her x mark] BERRY    Seal

Witness
     J. M. WOODHOUSE
     Sarah M. WOODHOUSE

February the 16th 1882.  I Barbara BERRY make this change in my last will as written above that my son Norris OWENS shall only pay to my daughter Polly EVANS' heirs the sum of five dollars in the stead of fifty as written above.  I declare this to be my last codicile to this my last will and testament date above written.
            /s/ Barbara [her x mark] BERRY

in presence of
     J. M. WOODHOUSE
     Mary Y. WOODHOUSE

Ordered recorded and filed this 13th day of February 1888
by H.B. ANSELL C.S.S.

State of North Carolina}
    Currituck County     }
     A paper writing purporting to be the last will and testament of Barbara BERRY, deceased, and a codicil thereto, has been filed in Court for probate & recording, the proof of which has been taken and will come up for probate on Monday the 13th of February.  Therefore, the Sheriff is commanded to notify Thomas BERRY, Norris OWENS, Barbara OWENS, Pennie BERRY, and Matilda OWENS, legatees and heirs at law--next of kin--to appear at Clerk's office on the said 13th day when & where they may take exceptions to the probate of said will & codicil if they shall think proper.  This 6th day of February 1888.
     /s/ H.B. ANSELL, C.S.C.

State of North Carolina}
    Currituck County     }
     A paper writing purporting to be the last will and testament of Barbara BERRY, with a codicil thereto, the former dated September 26th day, 1876 with J.M. WOODHOUSE & Sarah M. WOODHOUSE the subscribing witnesses, both of whom are dead--the later dated 16th day of February 1882 with J.M. WOODHOUSE & Mary Y. WOODHOUSE subscribing witnesses thereto, the former witness being dead as aforesaid, was exhibited  in open Court for probate by Norris OWENS and Thomas BERRY, no executor being named therein.  And it is thereupon proved by the oath and examination of D.W. WOODHOUSE, Jordan POYNER and Mary Y. POYNER, nee WOODHOUSE, that J.M. WOODHOUSE, one of the subscribing witnesses of both the will and codicil is dead, and it is also proved by the oath and examination of the said D.W. WOODHOUSE, Jordon POYNER and Mary Y. WOODHOUSE, that Sarah M. WOODHOUSE, the other subscribing witness to said will is also dead.  And it is further proven by the oath and examination of the said D.W. WOODHOUSE that he is well acquainted with the handwriting of both J.M. WOODHOUSE and Sarah M. WOODHOUSE having often seen them write and that the names of the said J.M. WOODHOUSE and Sarah M. WOODHOUSE subscribed as witnesses to said will and that of said J.M. WOODHOUSE subscribed as witness to said codicil is in the handwriting of the said J.M. WOODHOUSE and Sarah M. WOODHOUSE respectively.  And it appearing that the said Barbara BERRY was of full age to make such codicil, of sound mind & disposing memory and under no restraint or undue influence it is therefore considered by the Court that said paper writing purporting to be the will & codicil and every part thereof is the last will and testament of the said Barbara BERRY and the same is ordered recorded & filed.  This 13th day of February 1888.
     /s/ H.B. ANSELL, C.S.C.

Source for Probate: Currituck County Record of Estates 1812-1926; Vol. Ashby-Brumsey (Microfilm G.030.1862908)]

This will was contributed by J.A. Owens.  No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

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2003 Marty Holland