Probate, SC, York, HUGH BERRY 1803 CASE #53 FILE #2332 HUGH BERRY, deceased ROGER BERRY et. al. Administrators 1803 Page 1 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 Inventory of the goods & chattels of HUGH BERRY Recorded in Book B Page 173 – 177 Praise Bill Page 2 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 South Carolina York District Personally appeared before me JOHN WATSON, JOHN BARRON, and WILLIAM PORTER who being duly sworn saith that they will to the best of their knowledge appraised all in singular the goods and chattels of HUGH BERRY deceased late of district and state aforesaid and which shall be produced to them by COLONEL ANDREW LOVE and RODGER BERRY administrators and ELIZABETH BERRY administratrix to the estate of said HUGH BERRY deceased and that they will make true inventory thereof JOHN WATSON, JOHN BARRON, WILLIAM PORTER Sworn and subscribed to before me this 15th day of October 1802 WILLIAM EDWARD HAYNE, JP Page 3 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 A true and perfect inventory of all in singular the personal estate and effects of HUGH BERRY, late, of York District South Carolina produced and sworn to by the administrator and administrators to set estate viz: [ INVENTORY LIST ] JOHN WATSON JOHN BARRON WILLIAM PORTER Page 4 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 RODGER BERRY settlement in the estate of HUGH BERRY deceased as administrator for the year 1806. Amount of estate as per vendue bill. Produced a receipt from under the hand of SAMUEL BERRY in behalf of ALEXANDER BARRON for the sum of ninety two dollars being in part of said ALEXANDER BARRON’S share or dividend of HUGH BERRY estate. December 30th 1803 paid JOHN BARRON in behalf of ALEXANDER BARRON fifty three dollars in part his share of said estate. Likewise JOHN MCWHORTER for the sum of thirty seven dollars and sixty three cents being in full of his part of said estate. Also WILLIAM CHOATE [WILLIAM SHOAT,WILLIAM SHOATE] receipt in full of his part of said HUGH BERRY estate Dated July 26th 1806, Likewise FRANCIS SIMRAL’s for the sum of thirty seven dollars and sixty three cents being in full of his part of said estate. Likewise JOHN HENDERSON for the sum of eighteen dollars and eighty cents being in full of his part of said estate. Likewise JESSE DOUGLAS for the sum of eighteen dollars and eighty cents being in full of his part of said estate. Likewise JOHN H. BERRY, CATHERINE B. BERRY, and MARGARET BERRY receipts each the sum of twenty three dollars and seventy four cents their respective shares of said estate, and CHARLES MOORE receipts for twenty three dollars and seventy four cents his part of said estate. Sworn to before me February 2nd 1807. ALEXANDER MOORE, ordinary Page 5 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 A report of the venue amount of the state of HUGH BERRY deceased, viz: [ INVENTORY LIST ] Page 6 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 South Carolina Know all men by these presents that we ELIZABETH BERRY, RODGER BERRY, COLONEL ANDREW LOVE, JOHN MCCAW and WILLIAM BERRY are holden and firmly bound to ALEXANDER MOORE Esquire ordinary for the District of York in the full and just sum of three thousand dollars to be paid unto the said ALEXANDER MOORE, or to his successors, ordinaries of this District or to their certain attorneys or assigns, to which payment while is truly to be made, we bind ourselves and any of us our and every of our heirs and executor and administrators for the whole and in the whole, jointly and severally, firmly by these presents. Sealed with our seal and dated the 4th day of October 1802. The condition of this obligation is such that if the within bounded ELIZABETH BERRY, RODGER BERRY & COLONEL ANDREW LOVE, Administrators of all in singular the goods and chattels and credits of HUGH BERRY deceased to make or cause to be made a true and perfect inventory of all possessions of knowledge of the said administrator, or in to the hands or possession of any person or persons for them, and the same, so made to exhibit or cost be exhibited into the ordinaries office of this District at or before the first Monday in November next ensuing and the same goods and chattels and credits and all the other goods and chattels and credits of the said deceased at the time of his death which at any time hereafter shall come into the hands or possession of the set ELIZABETH BERRY, RODGER BERRY, or COLONEL ANDREW LOVE or into the hands or possession of any other person or persons for them to be made a true and just account of their administration at or before the first day in February next and all the rest and residue said goods and chattels and credits which shall be found remaining in the said administrators account in the same being through first examined and allowed by the ordinary of the district further time being shell deliver and paid such person or persons respectively as the said ordinary by his decree, or sentence, shall limit and appoint and if it shall hereafter appear that any last will and testament was made by the deceased and the executor or executrix there in named does exhibit the same to the said ordinary making request to have it allowed and approved according the said ELIZABETH BERRY, RODGER BERRY and COLONEL ANDREW LOVE within boundaries being thereunto required to render and deliver up the said letters of administration, approbation of such testament being first had & made, then this obligation to be void and of none effect, or else to remain in full force and virtue. ELIZABETH BERRY {seal, her mark} RODGER BERRY {seal} ANDREW LOVE {seal} JOHN MCCAW {seal} WILLIAM BERRY {seal} Signed sealed and delivered in the presence of WILLIAM PORTER Page 7 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 COLONEL ANDREW LOVE and RODGER BERRY settlement of the estate of HUGH BERRY deceased for the year 1803 as administrators to the same. SAMUEL WRIGHT Sworn to before me this 7th Day of February 1803. ALEXANDER MOORE, ordinary York District Page 8 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 RODGER BERRY settlement of the estate of HUGH BERRY as administrator for 1804. Sworn to before me January 7th 1804 ALEXANDER MOORE Page 9 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 RODGER BERRY one of the administrators of the estate of HUGH BERRY deceased settlement from the year 1806 to 1817 ALEXANDER MOORE, OYD RODGER BERRY JAMES H. BERRY HUGH BERRY estate the 2nd day of December 1817 RICHARD BERRY Sworn to January 2nd 1817 BENJAMIN CHAMBERS, OYD Page 10 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 RODGER BERRY executor of the last will and testament of HUGH BERRY, deceased, settlement viz: Produce the following benefits. January 1st 1819 received of JOHN H. BERRY the Legacy and full of my wife VIOLET BERRY of the estate of HUGH BERRY deceased. HUGH ALLISON Received a RODGER BERRY twenty three dollars by me WILLIAM BERRY son of WILLIAM it being in full of what was coming to me of HUGH BERRY's estate by me WILLIAM A. BERRY. Sworn to May 19th 1819 BENJAMIN CHAMBERS ordinary Page 11 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 RODGER BERRY one of the administrators of the estate of HUGH BERRY deceased settlement January 2nd 1818 recorded book page 117 Page 12 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 RODGER BERRY one of the administrators of the estate of HUGH BERRY deceased settlement debit to the neat account of the state as for settlement HUGH BERRY deceased. VIOLET SOWARD {her mark} [VIOLET BERRY] Sworn to February 19th 1823 BENJAMIN CHAMBERS, OYD Page 13 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 RODGER BERRY settlement on HUGH BERRY estate Receive JOHN BERRY and JAMES BERRY receipt JOHN HENDERSON receipt JOHN H. BERRY receipt CATHERINE B. BERRY receipt MARGARET BERRY receipt WILLIAM SHORT and FRANCIS SIMRAL receipt CHARLES MOORE receipt WILLIAM MCCORKLE receipt ANDREW BERRY receipt in full JAMES SIMRAL ditto JESSE DOUGLAS ditto Page 14 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 [ INVENTORY LIST TORN ] Page 15 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 State of South Carolina York District By ALEXANDER MOORE Esquire ordinary. Whereas ELIZABETH BERRY, RODGER BERRY and COLONEL ANDREW LOVE made suit to me to grant them letters of administration of the estate and effects of HUGH BERRY deceased these are therefore to cite and admonish all and singular the Kindred and creditors of the said deceased that they be here before me upon the first Monday in October next at York courthouse to show cause if any they can why the said administration should not be granted. Given under my hand and seal this 24th day of September 1802. ALEXANDER MOORE ordinary Published at Bethel York District South Carolina by G. G. MACWHORTER [MCWHORTER] September 26th 1802 Page 16 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 State of South Carolina ] York District ] To the honorable, the associate Justices of the said State. The petition of Widow ELIZABETH [PATTON] BERRY, widow and relict of HUGH BERRY, deceased, humbly sheweth: THAT the said HUGH BERRY, in his lifetime and at the time of his death was seized and possessed in his demise as of fee, a certain tract of land containing 100 acres being part of a tract containing 150 acres: Beginning at a White Oak on the north side of Fishing Creek between a survey of his own, JOHN KERR’s, and THOMAS SCOTT, said SCOTT’s corner; and runs with his line S 15 W 160 poles to a White Oak; thence S 55 E 60 poles to a Black Jack,; thence N 21 E 240 poles to a Hickory; thence N 72 W 170 poles to a stake near said KERR’s land; thence S 21 W 100 poles to a stake on said SCOTT’s line; thence with his line to the beginning. Also one half of one other tract containing three hundred and twenty five acres, the said 325 acres lying on the waters of Fishing Creek on MCCLURE’s branch, a little above WILLIAM WATSON’s land. Beginning at a White Oak on the east side of the branch; running thence W 200 poles to a Post Oak; thence S 18 W 240 poles to a Hickory; thence S 65 E 200 poles to a post; thence N 15 E 288 poles to the the beginning. THAT the said HUGH BERRY, as far as respects the aforesaid lands deed intestate the thirtieth day of August 1802 leaving no child or lineal descendant, but several brothers and sisters and brother’s and sister’s children, to wit: 3 children of his brother JOHN [BERRY], deceased: JOHN [BERRY], ELIZABETH [BERRY] and JAMES [BERRY].. A brother ANDREW [BERRY], still living. 8 children of his brother WILLIAM [BERRY], deceased: JOHN [BERRY], CHENY [BERRY], CATHERINE [BERRY], MARGARET [BERRY], BETSY [ELIZABETH BERRY], JAMES [BERRY], VIOLET [BERRY] and WILLIAM [BERRY]. A brother RICHARD [BERRY] still alive. The children of his sister VIOLET [BERRY SIMRAL], deceased: JOHN HENDERSON, RHODA MCWHORTER, CATHERINE DOUGLASS, MARGARET MCWHORTER, POLLY BROWN wife of ARCHIBALD BROWN, RACHEL SHOATS, BETSY SOWERS, JAMES SIMRAL, FRANCIS ROSS SIMRAL and two grand children: STEPHEN MCCORKLE and MARY MCCORKLE, children of her daughter VIOLET [SIMRAL] deceased. A sister CATHERINE [BERRY] still alive. A brother ROGER [BERRY] still alive. Page 17 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 Your petitioner therefore prays your honors that a Writ of Partition may issue directed to certain commissioners authorizing and requiring them to divide the same agreeably to the Act of Assembly in such case made and provided. And as in duty bound will ever pray. ABRAHAM NOTT, pro. Pet. I do hereby concent that the prayer of the within petition be granted. ROGER BERRY Page 18 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 On the petition of ELIZABETH BERRY, Widow of HUGH BERRY deceased and by consent of ROGER BERRY the only remaining executor in this state endorsed upon these summons in this case. Ordered that a writ of partition do issue directed to JOHN WATSON, JOHN BARRON, SAMUEL WATSON, JOSEPH GABBIE [GABBY] and WILLIAM CLARKE [CLARK] authorizing and requiring them to divide and make partition of the lands of the set HUGH BERRY deceased, which are described in the said petition and that they do assign to the said ELIZABETH BERRY and to her heirs and assigns forever a moiety, or 1/2 part, of each several tracks therein described according to quantity and quality. And that they divide the other moiety, or 1/2 part, of the said several tracts of land into 7 equal parts, having like respect to quantity and quality. That they do assign one of the 7 parts to ANDREW BERRY, brother of said HUGH BERRY, and to his heirs and assigns forever. That they do assign one other part of said 7 parts to ROGER BERRY a brother of the said HUGH BERRY and to his ears and have signs forever That they do assign one other part of the said 7 parts to RICHARD BERRY a brother of said HUGH BERRY and to his heirs and assigns forever That they do assign one other part of the said 7 parts to CATHERINE BARRON a sister of set HUGH BERRY and to her heirs and assigns forever. That they to subdivide one other of the said 7 parts into 3 equal parts having respect to the quantity and quality and assign one said three parts so subdivided to each of the children of JOHN BERRY, deceased, who was a brother of said HUGH BERRY to wit: JOHN [BERRY], ELIZABETH [BERRY], and JAMES [BERRY] and to their heirs and assigns forever. That they do subdivide one other of the said 7 parts into 8 equal parts having respect to the quantity and quality and assign one of the said a parts so subdivided to each of the children of WILLIAM BERRY, who was a brother of said HUGH BERRY, to wit: JOHN [BERRY], CHENY [BERRY], CATHERINE [BERRY], MARGARET [BERRY], POLLY [BERRY], RACHEL [BERRY], BETSY [BERRY], JAMES [BERRY], and WILLIAM [BERRY] and to their heirs and assigns forever That they do subdivide one other of the 7 parts into 10 equal parts having respect to quantity and quality and assign one of the said 10 parts so subdivided to the following children of VIOLET, the sister said HUGH BERRY, to wit: RHODA, CATHERINE, MARGARET, POLLY, RACHEL, BETSY, JAMES, and FRANCES ROSS and that they do again subdivide the other of the said 10 part into equal parts having respect to the quantity and quality and assign one of each of the said two parts to STEPHEN MCCORKLE and MARY MCCORKLE, the children of VIOLET MCCORKLE, deceased, a daughter of VIOLET [BERRY] a sister of said HUGH BERRY. Page 19 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 PLAT POINTS ================= S15W 160p S55E 60p N21E 240p N72W 170p S21W 100p N86.50.25E 103.93p PLAT POINTS ================= N90W 200p S18W 240p S65E 200p N16.32.34E 326.2828p Page 20 of 21 ** PAGE BREAK ** Probate, SC, York, HUGH BERRY 1803 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # Transcribed from original documents by Brent R. Brian & Martha M. Brian. This document and others can be found on our website: BMGEN We claim COPYLEFT on the documents that we publish that are our original work. COPYLEFT “rules” can be reviewed on the web site: GNU Free Documentation License In short, use what you like. But if you use our stuff, mention us as the source. Brent R. Brian Martha M. Brian BrianMitchellGenealogy@gmail.com Page 21 of 21 ** PAGE BREAK **