(Abt 1770-Bef 1846)
• Will, 28 Nov 1826, South Malling, East Sussex, GB. This is the last Will and Testament if me Thomas Berry the Elder of Southmalling in the County of Sussex Timber Merchant First I give and devise All and every my Messuages lands Tenements Hereditaments and Real Estate whatsoever and wheresoever unto and to the Use of my dear Wife Elizabeth Berry for and during the Term of her natural life if she shall so long remain my Widow and unmarried but not otherwise And from and immediately after her decease or Marriage which shall first happen I give and devise All and singular the same Hereditaments and Real Estate unto and to the Use of my Brother Henry Berry of Ringmer in the said County Malster and my Sons John Berry Thomas Berry and Henry Ebenezer Berry their Heirs and assigns Upon Trust that they the said Henry Berry John Berry Thomas Berry and Henry Ebenezer Berry or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor do and shall as soon as conveniently may be sell and dispose of my said Hereditaments and Real Estate either together or in parcels and either by public Auction or by private contract according to their or his Discretion And I do hereby direct that the Monies to arise by the sale of my said Real Estate shall be paid to and received by my Executors or Administrators for the Time being in Aid of my personal Estate and shall be applied and disposed of in the same Manner and for the same Purposes as I have hereinafter expressed and directed of and concerning my said personal Estate And I do hereby declare that the Receipt or Receipts of my Executors or Administrators for the time shall be a good and sufficient Discharge to the purchaser or respective purchasers of my said Real Estate or of any part thereof for his her or their purchase Money or respective purchase Monies and that such purchaser or purchasers shall not be answerable or accountable for the application of the same And in case my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor shall think it more adviseable to defer the Sale of my said Real Estate hereinbefore devised in Trust for Sale as aforesaid than to sell the same immediately after the Decease or Marriage of my said wife I hereby authorize them to defer the same as long as they or he shall think proper and in the mean Time to apply the Rent and Profits thereof after making all proper and reasonable Allowances and Deductions to and for the same Intents and Purposes as the Interest of the Money to be produced by the Sale thereof would be applicable Provided always and I do hereby direct and declare my Will and Mind to be that it shall be lawful for my said Son Thomas Berry if he shall wish so to do to purchase my Messuage or Tenement wherein I now dwell with the Chaisehouse Storehouse and Appurtenances thereto belonging situate and being in Southmalling aforesaid according to the Valuation of two impartial Persons one to be chosen by the said Thomas Berry and the other by my Executors or Administrators for the Time being (exclusive of the said Thomas Berry) And in case of the Disagreement of such two person then according to the Valuation of a third impartial Person be chosen by the same two Persons And I do hereby direct that in case the said Thomas Berry shall wish to purchase the same he shall give Notice in Writing to the other or others of my Executors or Administrators of such his Intention within one Calendar Month next after the Decease or Marriage of my said Wife (which shall first happen) and shall complete the Purchase thereof within twelve Calendar Months next after such Decease or Marriage And in case my said Son Thomas Berry shall refuse or neglect to purchase the said Messuage or Tenement and premises I give the like power and authority to my said Son Henry Ebenezer Berry to do so at the like Valuation and upon the like Terms and Conditions Also I give to my said Son Henry Ebenezer Berry such and the like Option and Power to purchase at a fair Valuation to be made as aforesaid my Messuage or Tenement with the Wheelwrights Shop Yard and Garden thereto belonging situate at Ringmer aforesaid and now in the occupation of my said Brother Henry Berry his Assigns or Undertenants as I have hereinbefore given to my said Son Thomas Berry and subject to the like Notice Terms and Conditions Also I give unto my said Son Henry Ebenezer Berry the like Option and Power to purchase such part of the Timber Yard and Garden in Front of or opposite to my said Messuage or Tenement or Dwelling House situate in Southmalling aforesaid as I hold in severally together with my Wheelwrights Shop Counting House and Saw House in Southmalling aforesaid according to such and the like Valuation and subject to such and like Notice Terms and Conditions as I have hereinbefore directed of and concerning my Property authorized to be purchased by my said Son Thomas Berry And I declare and direct that in case my said Son Henry Ebenezer Berry shall refuse or neglect to take the same last mentioned premises in Southmalling aforesaid then that my said Sons John Berry and Thomas Berry shall successively have the like Option and Power of purchasing the same according to the like Valuation subject to such Notice and upon the Terms and Conditions and in Manner aforesaid and I do hereby also give to my said Sons Thomas Berry and Henry Ebenezer Berry the like Option and Power to purchase conjointly at a fair Valuation my Malthouse or Building situate and being in Southmalling aforesaid and now in my own Occupation Subject to such Notice and upon the Terms and Conditions aforesaid And after and subject to the payment of my just Debts and my funeral and testamentary Expences I direct that my Executors or Administrators for the Time being shall stand possessed of and interested in all the Rest and Residue of my personal Estate whatsoever and wheresoever Upon Trust to pay the Interest Dividends and annual proceeds thereof unto my said Wife Elizabeth Berry or otherwise permit and authorize her to receive the same to and for her own Use and Benefit for and during the Term of her natural Life if she shall so long remain my Widow and unmarried but not otherwise And in case of the Marriage of my said Wife Upon Trust to pay her one Annuity or clear yearly Sum of fifty pounds Sterling to be paid by two equal half yearly payments on the twenty fifth day of March and the twenty ninth day of September in every year and the first payment thereof to be made on such of the said Days as shall next happen after such marriage And I direct that the said Annuity shall be paid into the proper Hands of her my said wife for her sole and separate Use apart from any and every Husband she may happen to marry and independently of the Debts and Controul of any and every such Husband And I direct that the Receipt or Order in Writing of my said wife alone notwithstanding any Coverture she may be under shall be an effectual Discharge to my Executors And for better securing the Payment of the said Annuity to my said Wife I authorize and direct my Executors and Administrators for the time being to invest and Place out at Interest in the Manner hereinafter mentioned such Sum or Sums of Money part of my personal Estate as will be sufficient by means of the Interest or Dividends to accrue thereon to secure and discharge the same Annuity which Sum or Sums so to be retained shall after the said Annuity shall cease sink into and become a part of the Residue of my personal Estate And from and immediately after the decease or Marriage of my said Wife and in the latter case subject to the payment of the said Annuity Upon Trust to pay retain distribute and divide the said Residue of my personal Estate (including the produce arising by the Sale of my said Real Estate) or the Funds or Securities in or upon which the same shall be invested unto and equally between and amongst all and every my Children hereinafter named (that is to say) my said Sons John Berry Thomas Berry and Henry Ebenezer Berry and my Daughters Hannah the Wife of Richard Mannington Martha the Wife of Isaac Mannington Elizabeth the Wife of Benjamin Morris and Catharina Mercy Berry share and share alike to take as Tenants in Common and not as joint Tenants And in case any of them my said Children John Berry Thomas Berry Henry Ebenezer Berry Hannah Mannington Martha Mannington Elizabeth Morris and Catharina Mercy Berry shall die in my lifetime and leave lawful Issue living at my decease Then I give the Part or Share Parts or Shares of him her or them so dying of and in the said Residue of my personal Estate unto such his her or their respective lawful Issue equally to be divided between them if more than one And in case any of them my said Children John Berry Thomas Berry Henry Ebenezer Berry Hannah Mannington Martha Mannington Elizabeth Morris and Catharina Mercy Berry shall die in my lifetime and leave no lawful Issue living at my decease Then I give the Part or Share Parts or Shares of and in the said Residue of him her or them so dying unto and equally amongst the Survivors or Survivor to them and the Issue of any who shall be dead such Issue respectively to take equally amongst them if more than one the share or several shares to which his her or their parent or respective Parents would have been intitled if living and no more Provided always and I do hereby authorize and impower my Executors and Trustees for the Time being and the Survivors and Survivor of them and the Executors and Administrators of such Survivor from and after the Decease or Marriage of my said Wife according to his or their Discretion to pay and apply all or any part of the Interest Dividends and annual Produce of the Portion or Share Portions or Shares to which my said Daughter Catharina Mercy Berry shall be intitled in Expectancy under this my Will for or towards her Maintenance and Education in the meantime and until she shall attain the Age of twenty one years And that as to so much of the Interest Dividends and annual Produce as shall not be so applied it shall accumulate at Interest and shall be attendant upon and go along with the principal from which it shall have arisen and shall be paid or made over to my said Daughter Catharina Mercy Berry or to the person or respective persons who shall become intitled to such Principal Provided also and I further authorize and impower my Executors and Trustees for the Time being from and after the Decease or Marriage of my said Wife as aforesaid to advance during the Minority of my said Daughter Catharina Mercy Berry or during the Minority of the Issue of any Child or Children of my Body who shall be dead the whole or any part of his her or their presumptive Share or respective Shares of and in the said Residue of my personal Estate for the Purpose of placing out him her or them respectively to learn any Business or Profession or for his her or their preferment Establishment or Advancement in Marriage or in any Business or Profession or in any other Manner for his her or their Benefit And I do hereby declare that the Provision hereinbefore by me made for my said Wife is meant and intended to be and shall be accepted and taken by her in Lieu Bar and full Satisfaction of and for all Dower and Thirds Widows Bench Free Bench and other Customary Estates and Right and Title of or to the same which she my said Wife can or may or otherwise could or might have claim or demand of in to or out of all or any Freehold or Copyhold Messuages Lands Tenements and Hereditaments whereof I am now or have been or shall hereafter be seized or possessed by the Common Law of England of by the Custom of the Manors whereof any such Copyhold Hereditaments are holden And I do hereby constitute and appoint my said Wife my Brother Henry Berry and my said Sons John Berry Thomas Berry and Henry Ebenezer Berry joint Executors in Trust of this my Will and Guardians of my said Daughter Catharina Mercy Berry if she shall at the Time of my Decease be under the Age of twenty one years But if my Wife shall marry again I hereby declare that she shall from thenceforth cease to be an Executrix of this my Will and a Trustee of my Property And I authorize and impower my said Executors and Administrators and the Survivors and Survivor of them and the Executors or Administrators of such Survivor from Time to Time to invest and place out at Interest in or upon any of the public Stocks or Funds or in or upon any Real Security or Securities all or any Sum or Sums of Money which shall come into his her or their Hands or Power in the Performance and Execution of this my Will or by Reason or Means thereof and from Time to time to sell out and call in and reinvest or replace the same at Interest in Manner aforesaid And I authorize and impower my said Wife during her Widowhood if she shall think proper but no longer to carry on for the Benefit and at the Risk of my Estate all or any part of the Business in which I shall be engaged at my Death And I declare that my Trustees and Executors hereinbefore named or the Heirs Executors or Administrators of any of them or any person or persons who shall become my Executors or Administrators shall not be answerable or Accountable for the Acts Deeds or Defaults of each other (the joining in Receipts for Conformity notwithstanding) nor for any Loss that may happen by the Failure of Securities or by any other Ways or Means whatsoever without his her or their respective wilful Neglect or Default And I further authorize and impower my said Trustees and Executors and every of them and their respective Heirs Executors and Administrators in the first Place to deduct and retain to himself herself and themselves respectively out of the said Trust Premises all such Costs Charges Damages and Expences as he she or they shall or may respectively pay expend sustain or be at or put unto in or about the Performance and Execution of this my Will or the Trusts hereby in them respectively reposed or in any wise concerning the same together with a reasonable Allowance of their Trouble Journies and loss of Time And lastly I hereby revoke all former Wills by me made In Testimony whereof I the said Thomas Berry the Testator have set my Hand to the four first Sheets of this my last Will and Testament contained in five Sheets of Paper and my Hand and Seal to this the fifth and last Sheet thereof the twenty eighth day of November in the year of our Lord one thousand eight hundred and twenty six Thos Berry Signed Sealed published and declared by the said Thomas Berry the Testator as and for his last Will and Testament in the Presence of us who in his presence at his Request and in the presence of each other have hereunto subscribed our Names as Witnesses Frs Harding Gell Lewes William Henly Thomas Baker Clerks to Mr Gell
• Probate, 22 Jun 1830, South Malling, East Sussex, GB. The will of Thomas Berry the Elder late of Southmalling within the Deanery of Southmalling in the County of Sussex Timber Merchant deceased was proved the twenty second day of June in the year of our Lord one thousand eight hundred and thirty Before Reverend John Lupton Clerk Surrogate and so forth Upon the Oaths of Elizabeth Berry Henry Berry John Berry and Thomas Berry four of the Executors named in the said Will To whom was committed the Administration of the Goods etc of the Testator They being first sworn well and faithfully to administer the same and so forth And that the said Goods etc were under the Value of four thousand Pounds Power being reserved of granting the like Commission to Henry Ebenezer Berry the other Executor when he shall come in due Form of Law to require the same
Elizabeth married Thomas Berry, son of John Berry and Martha Garrett. (Thomas Berry was born before 12 Sep 1749, baptised on 12 Sep 1749 in St. Mary the Virgin's Church, Church Hill, Ringmer, Lewes, East Sussex, BN8 5JX, GB,1 died before 14 Jan 1830 and was buried on 14 Jan 1830 in St. Mary the Virgin's Church, Church Hill, Ringmer, Lewes, East Sussex, BN8 5JX, GB 1.)
1 Sussex Family History Group (SFHG).
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