Henry Berry ^{2 3 4}

   Cause of his death was old age.⁵

  Research Notes:

Birth:
- Age 52 at time of 1851 Census implies birth between 20 Mar 1798 and 30 Mar 1799
- Age 71 at death implies birth between 21 Oct 1796 and 20 Oct 1797
- Given that parents were married on 18 May 1796 and his brother Richard was baptised on 23 May 1797, it is most likely that Henry was born in 1798 or 1799.

There is a baptism at Patcham church on 3 Mar 1799 for a Richard Berry. Believe that this has either been transcribed incorrectly by SFHG or was recorded incorrectly at the time. Need to review original to check for a transcription error.

Henry is named in his father's will.

  Events

• Residence, 9 Dec 1809, Patcham, Brighton, East Sussex, BN1, GB. ⁶

• Will, 9 Dec 1809. ⁶ This is the Last Will and Testament of me
Richard Berry of the Parish of Patcham in the County
of Sussex Blacksmith made the ninth day of December in the year of
our Lord One thousand eight hundred and nine as follows | that
is to say | First I will order and direct that all my just
Debts funeral and testamentary expenses be fully paid
and satisfied by my Executrix hereinafter named and I desire
to be decently interred at her discretion Also I give and bequeath
unto my dear and loving Wife Ann Berry All my Personal
Estate and Effects whatsoever and wheresoever or of what nature
or kind soever the same maybe which I may die possessed of
interested in or intitled unto or over which I have a disposing power
|subject to the payment of all my joint Debts and funeral and
testamentary Expenses| To hold the same unto my said Wife
Ann Berry her Executors Administrators and Assigns absolutely
and for ever Also I give and devise unto my said Wife Ann
Berry All that my freehold Messuage | consisting of two Tenements
or Dwellings Blacksmith's Shop Garden and Premises thereto
belonging with their and every of their Appurtenances situate
lying and being in the Village and Parish of Patcham aforesaid
and now in the Tenure or Occupation of myself and James
Bartlett respectively To hold the same unto my said Wife Ann
Berry and her Assigns for and during the Term of her natural
life And from and immediately after her decease I give and devise
the said Messuage Blacksmith's Shop Garden and Premises with
their and every of their Appurtenances unto my Brother
Henry Berry of Ringmer in the said County of Sussex Maltster
and my respected friend John Brown of Pyecombe in the same
County Blacksmith their Heirs and Assigns for ever In Trust
nevertheless that They the said Henry Berry and John Brown or the
Survivor of them or their Heirs or assigns of such Survivor do
and shall as soon as conveniently may be after the decease of
my said wife Ann Berry sell and absolutely dispose of all and
singular the said Messuage Blacksmith's Shop Garden and
Premises with their and every of their Appurtenances either
together or in parcels by public Auction or private Contract as to
them or him shall seem best for the most Money that can be
reasonably had and gotten for the same and to make and
execute all such Conveyances and Assurances in the Law as
shall be necessary or proper for perfecting the Sale and transfer
thereof And for facilitating such Sale or Sales I do hereby
declare that the Receipt or Receipts of the said Henry Berry
and John Brown or the Survivor of them or their Heirs or
Assigns of such Survivor shall be a good and effectual
discharge or discharges to any purchaser or purchasers his her
or their respective Heirs Executors Administrators and Assigns
of so much of the said purchase Money as shall be therein
expressed or acknowledged to be received And such purchaser or
purchasers his her or their respective Heirs Executors Administrators
or Assigns shall not afterwards be obliged to see to the application
of such purchase Money or be answerable or accountable for any
Loss Misapplication or Nonapplication thereof or of any part
or parts thereof respectively And my Will and Mind is and
I do hereby declare that the said Henry Berry and John
Brown or the Survivor of them or their Heirs or Assigns of such
Survivor shall from and immediately after the date of the
said Hereditaments and premises stand and be possessed of
the Monies arising thereby In Trust and to and for the several
uses Intents and purposes hereinafter mentioned |that is to say|
In Trust thereout in the first place to pay and discharge all Costs
and Charges attending such Sale or Sales and from and after
payment thereof In Trust to pay and equally divide the Residue
of the Monies then remaining in their Hands unto and
amongst all my Children namely, Henry Berry, John Berry,
Richard Berry, (Richard Berry| Robert Berry and William
Berry and such other Child or Children which I may
hereafter have or which my said Wife may be ensient¹ with at
the time of my decease share and share alike and which I give
and bequeath to my said Children respectively and direct the
same to be paid to them respectively as soon as conveniently may
be after the purchaser or purchasers shall have paid his her or
their purchase Monies if my youngest Child shall then have
attained his or her age of twenty one years and if not then when
and so soon as that event shall happen And it is my
Will and Desire that in Case my said Wife shall depart
this Life during the Minority of any or either of my said Child
or Children then I do hereby direct my said Trustees and the
Survivor of them and the Heirs or Assigns of such Survivor
to place out and invest the said Monies remaining in their
hands and arising by the aforesaid Sale or Sales in or upon
any of the parliamentary Stocks or Funds of Great Britain
or on Real Securities in England at Interest and
do and shall vary alter or transpose such Stocks
Funds or Securities for other of the like nature when
and so often as it shall seem expedient and do and
shall pay apply and dispose of the Interest and Dividends
of the said Stocks Funds and Securities for and towards
the Maintenance and Education of such of my said
Child or Children only as shall be a Minor or Minors
and under the said age of twenty one Years until my said
youngest Child shall attain that age at which Period all
my said Children will then be entitled to receive his her and
their part or share or parts or shares of and in the said
principal Monies under this my Will And it is my further
Will and desire and I do hereby direct that in case any one or
more of my said Child or Children shall die under the said
Age of twenty one Years without leaving Issue of his her or
their Body or Bodies lawfully begotten then the share or part
share or parts of pr proportions of him her or them so dying shall
accrue and go to the Survivors or the Survivors of such Children
in equal shares and proportions |if more than one and if but one
then the whole to such one| and be paid to him her or them
or his her or their Issue Provided nevertheless that in
case any or either of the said Children shall marry and die
under the said Age of twenty one Years having Issue of his her
or their Body or Bodies living at the time of his her or their
death or deaths or born within due time thereafter then the
share interest or proportion of his her or them so dying and
having Issue shall go and belong to his her or their Child or
Children and shall not survive to or amongst the rest of my
Children hereinafter expressed And it is my Will that the
share or several Shares of my said Children shall vest in him
her or them at his her or their age or respective ages of twenty
one Years or dying before that age leaving lawful Issue
notwithstanding such Share or shares are not made payable
until after the decease of my said Wife and until the youngest
of my said Children shall attain his or her age of twenty one
Years And I declare that my said Trustees shall not be
charged with or answerable or accountable for more of the aforesaid
Trust Monies and Premises than they shall respectively actually
receive nor with or for the loss of any Monies that shall
happen by any ways or means whatsoever without his or their
wilful neglect or default And also that it shall be
lawful for the said Trustees and the Survivors of them his
Heirs and Assigns in the first place by and out of the said
Trust Monies to deduct and reimburse themselves and
himself all such Losses Costs Charges Damages and Expenses
which they or either of them shall sustain expend on behalf
unto for or by reason or on account of the performance
Management and Execution of the Trusts hereby reproved
in them And I constitute and appoint my said Wife Ann
Berry sole Executrix of this my Will And Lastly I do
hereby nominate and appoint the said Richard Berry
Henry Berry and John Brown Trustees and Guardians of
my said Children during their respective Minorities hereby
revoking all former Wills by me at any time heretofore made
and I declare this only to be and contain my last Will and
Testament In Witness whereof I the said Richard Berry
the Testator have to this my last Will and Testament
contained in three Sheets of Paper set my hand and seal at
the top of the first Sheet where the same are affixed together
my hand at the bottom thereof and at the bottom of the second
Sheet and hand and seal to this last Sheet the day and
year first above written Richard Berry |LS| Signed
Sealed Published and Declared by the said Richard 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 thereto The Interlineation appearing in the second line
of the second Sheet and the Erazure appearing in the third
line of the same Sheet being first made William Stedman
Abraham Stilwell, Tho: Morgan

Note 1. ensient = pregnant

• Occupation: blacksmith, 6 Jun 1841. ²

• Residence, 6 Jun 1841, Church Street [now Church Lane], Pyecombe, Brighton, West Sussex, BN45 7FE, GB. ²

• Will, 24 Jan 1846, Ringmer, Lewes, East Sussex, BN8, GB. This is the last Will and Testament of me
Henry Berry of Ringmer in the County of Sussex
Yeoman I devise All that my Copyhold Field situate
in Ringmer aforesaid called the Wish containing six
Acres more or less holden of the Manor of Ringmer
and now in my own occupation together with the
Use of the Road or Way leading from the Turnpike
Road close to the Cottages by me next hereinafter
devised into the said Field unto my Nephew Henry
Ebenezer Berry his Heirs and Assigns In Trust for
my dear Wife Sarah Berry during her life and to
permit her to receive the Rents and Profits thereof
And from and immediately after her decease I
direct that my said Nephew Henry Ebenezer Berry
his Heirs and Assigns shall hold the said Premises
for his own Use and benefit charged and chargeable
nevertheless as hereinafter is mentioned I devise unto
my said Wife Sarah Berry during her life All those
my Freehold Cottages or Tenements with the
Appurtenances in Ringmer aforesaid now in the
occupation of Charles Garston William Toy and
Lydia Berry Widow respectively their respective
Undertenants or Assigns And from and immediately
after her decease I devise the same Cottages and
Premises unto my Friends John Smith of Lewes
in the said County Gentleman and Ebenezer Morris
of the Cliffe near Lewes aforesaid Ironmonger their
Heirs and Assigns Upon Trust that they the said
John Smith and Ebenezer Morris and the survivor of
them and the Heirs and Assigns of such Survivor
shall and do as soon as conveniently may be
afterwards absolutely sell and dispose of the said
Cottages and Premises either by public Auction or
Private Contract according to their or his discretion
And I do hereby direct that the Monies to arise by
such Sale or Sales shall be paid into the Hands of
my Executors or Administrators for the time being
And I do hereby declare that the Receipts of my
said Executors and Administrators shall be a
good and sufficient discharge to the Purchaser or
respective Purchasers of the said Cottages and
Hereditaments or of any part thereof for his her or
their purchase Money or respective purchase Monies
And that such purchaser or purchasers shall not
afterwards be answerable or Accountable for the
Application of the same And I do hereby direct
my said Executors or Administrators for the time
being to pay distribute and divide the Monies so
to arise by such Sale or Sales as aforesaid unto
and equally between and amongst all and every
the Children of my late Nephew Richard Berry
deceased share and share alike And in case any
of such Children shall die either in my lifetime or
in the Lifetime of my said Wife
whichever of the said Events shall first happen
and leave lawful Issue who shall be living at his
her or their decease Then I give the part or Parts
of and in the said purchase Monies of him her or
them so dying unto such his her or their respective
lawful Issue equally to be divided between them
if more than one And in case any of the children of
my said Nephew Richard Berry shall die either in
my Lifetime or in the Lifetime of my said Wife and
have no lawful Issue who shall be living at his her
or their decease respectively then I give the Part
or Parts of and in the said purchase Monies of
him her or them so dying without Issue as
aforesaid unto and equally between and amongst
the survivors or Survivor of them and the Issue of
any who shall be dead such Issue respectively to
take equally amongst them if more than one the
part or Parts to which his her or their Parent or
respective parents would have been entitled if living
and no more I devise unto my said Wife during
her Life All that my Freehold Malthouse with the
Cottage Barn Stable Hovel Yard Garden and
Orchard thereto adjoining and belonging situate
in Ringmer aforesaid and now in the Occupation of
my said Nephew Henry Ebenezer Berry and
Philadelphia Jenner Widow respectively their
respective Assigns or Undertenants And also all
that my Messuage or Tenement in Ringmer
aforesaid wherein I now dwell with the Garden
and Appurtenances thereto belonging And from
and immediately after the decease of my said Wife
I devise all and singular the said Messuage or
Tenament Cottage Malthouse Barn Stable Hovel
Yard Garden and Premises last hereinbefore
described unto my said Nephew Henry Ebenezer
Berry his Heirs and Assigns for ever charged and
chargeable nevertheless and I do hereby charge all
and singular the said Freehold and Copyhold
Hereditaments hereinbefore by me devised to the said
Henry Ebenezer Berry with the Payment by him
his Heirs or Assigns unto my Executors or
Administrators for the time being of the Sum of
five hundred Pounds Sterling within twelve
calendar Months next after the decease of my said
Wife in aid of my Personal Estate I devise all and
singular other my Customary or Copyhold
Messuages Lands and Tenements whatsoever and
wheresoever not by me hereinbefore otherwise
disposed of unto the said John Smith his Heirs
and Assigns Upon Trust that he and they do and
shall as soon as conveniently may be after my
decease sell and dispose of all and singular my
said Customary or Copyhold
Hereditaments either by Public Auction or Private
Contract according to his or their discretion I
devise all the Residue of my Freehold Messuages
Lands Tenements Hereditaments and other my
Real Estate whatsoever and wheresoever not by me
hereinbefore otherwise disposed of unto and to the
Use of the said John Smith and Ebenezer Morris
their Heirs and Assigns Upon Trust that they
the said John Smith and Ebenezer Morris or the
Survivor of them or the Heirs or Assigns of such
Survivor do and shall as soon as conveniently
may be after my decease sell and dispose of the said
residuary freehold real Estate 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 as well of my said
Customary or Copyhold Hereditaments as of my said
residuary real Estate hereinbefore by me respectively
devised in Trust for Sale as aforesaid shall be paid
to my Executors or Administrators for the time
being in Aid of my Personal Estate and shall be
applied in the same Manner as I have hereinafter
directed concerning my said personal Estate And
I do hereby declare that the Receipt or Receipts of
my said Executors or Administrators for the time
being shall be a good and sufficient discharge to
the purchaser or respective purchasers of the said
Customary or Copyhold and Freehold Hereditaments
and Premises and real Estate respectively or of any
part thereof respectively for his her or their purchase
Money or respective purchase Monies and that
such Purchaser or Purchasers shall not afterwards
be answerable or Accountable for the Application
of the same And if my Executors or Administrators
for the time being shall think it more advisable to
defer the Sale of my said Freehold ad Copyhold
Hereditaments so devised for Sale as aforesaid
than to sell the same immediately after my decease
I hereby authorise him and them to defer the same
for so long a period as he or they shall in his of
their free and uncontracted discretion think proper
and in the meantime to pay and apply the net
Rents and Profits thereof after making due
Allowances for Repairs Taxes and all other
necessary Outgoings to and for the same Purposes
as the Money to be produced by the Sale thereof
would be applicable Provided always and I do
hereby direct that in Case my said Nephew Henry
Ebenezer Berry shall be desirous of purchasing the
whole or any part of my said Residuary Real Estate
hereinbefore by me devised in trust for Sale and
shall signify his Intention so to do in Writing to
my Executors or Administrators for the time being
within twelve Calendar Months next after my decease
then my said Nephew Henry Ebenezer Berry shall be at
Liberty to purchase the whole or any part of
the same Real Estate according to a
fair Valuation to be made thereof by two impartial
Persons one to be chosen by my said Nephew Henry
Ebenezer Berry and the other by my said Executors
or Administrators and in Case of the disagreement
of such two Persons then according to the Valuation
of a third impartial Person to be chosen by such two
Persons as an Umpire And in Case my said Nephew
Henry Ebenezer Berry shall purchase any part of my
Real Estate in pursuance of the Power hereinbefore
by me given for that Purpose the purchase thereof
shall if made in the Lifetime of my said Wife be
carried into Effect and completed within twelve
Calendar Months next after the delivery of such
Notice and if made after her decease within twelve
Calendar Months next after such decease Also I
give to my said Wife one hundred Pounds Sterling
to be paid to her immediately after my decease And
I give her all the Stock of Wines Liquors and
Provisions which shall be in or about my dwelling
House at my decease Also I give unto my said Wife
the Use and Usage of all my Household Furniture
Implements of Household Plate plated Articles Books
Linen and china which shall be in or about my
dwelling House at my decease and after and subject
to the Payment of my just debts the Legacies
hereinbefore by me given and my funeral and
testamentary Expenses I direct my Executors or
Administrators for the time being to stand
possessed of all the Residue of my personal Estate
whatsoever and wheresoever including the Produce
to arise by the Sale of my Real Estate Upon trust to
pay the Interest Dividends and annual proceeds
thereof unto my said Wife Sarah Berry during her
Life And from and immediately after her decease
Upon trust to pay distribute and divide the same
unto and equally between and amongst my Nephews
and Nieces hereinafter named (that is to say)
Hannah Mannington Widow, Martha Mannington,
Elizabeth Morris and Catherine Mercy Parsons
(four of the Children of my late Brother Thomas
Berry deceased) William Berry Henry Berry George
Berry Jane Morris and Sophia Berry (five of the
children of my Brother James Berry) and Henry
Berry and John Berry (two of the Children of my
late Brother Richard Berry deceased) equally to
be divided between them my said Nephews and
Nieces Share and Share alike to take as Tenants
in Common and not as joint Tenants and per
Capita and not per Stirpes and in case any of them
my said Nephews and Nieces severally hereinbefore
named shall die in my Lifetime and leave lawful
Issue who shall be living at my
decease Then I give the Part or Parts of and in the
said Residue of my Personal Estate of him her or
them so dying unto such his her or their respective
lawful Issue equally to be divided between them if
more than one Share and Share alike such Issue
respectively to take equally amongst them (if more
than one) the Part or several Parts to which his her
or their parent or respective parents would have
been entitled if living And in Case any of them my
said Nephews and Nieces severally hereinbefore
named shall die in my Lifetime and leave no
lawful Issue who shall be living at my decease
then I give the part or parts of and in the said
Residue of my Personal Estate of him her or them
so dying unto the Survivors or Survivor of
them my said Nephews and Nieces and the Issue
of any who shall be dead leaving Issue to be divided
amongst my said Nephews and Nieces and their
respective Issue in the Proportions and Manner
aforesaid And I hereby constitute the said John
Smith and Ebenezer Morris joint Executors in trust
of this my Will and I give them nineteen Pounds
and nineteen Shillings each as a Gratuity for their
Trouble Provided always and I do hereby
declare and direct that if either of them the said
John Smith and Ebenezer Morris or any succeeding
Trustee to be appointed by virtue of this Power
shall depart their Life or desire to be discharged
from or declare or become incapable to act in the
Trusts hereby reposed in them before the same shall
be fully performed and satisfied then and so often
a new Trustee shall or may be appointed in his Stead
by the Trustee or Trustees surviving or continuing
to Act in the said Trusts or by the last acting
Trustee his Executors or Administrators and the
several Trust Estates Funds and Securities for
the time being subject to the Trusts of this my
Will shall from time to time be conveyed and
transferred so as to be vested in the acting Trustee
or Trustees for the time being thereof and every
such new Trustee shall or may Act or Assist
the Management and Execution of the Trusts hereby
declared and shall and may exercise the same
Powers and discretion in all Respects as if he had
been originally appointed a Trustee of this my Will
And I declare that my Executors and Trustees
hereinbefore named or the Heirs Executors or
Administrators of either 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 nor for any Money which shall not
come into their respective Hands nor for any loss
or damage that may happen by
any Ways or Means whatsoever without his or
their respective wilful neglect and default And I
further authorise and empower al and every my
said Executors Administrators and Trustees
and every of them and their respective Heirs
Executors and Administrators to deduct and
retain out of my said Estates respectively all such
Costs Charges Damages and Expenses as he or
they shall incur in or about the Performance and
Execution of this my Will or the Trusts hereby in
him or them respectively reposed or in any wise
concerning the same together with a reasonable
Allowance or Compensation for Journies Trouble
and loss of Time And lastly I revoke all former
Wills by me made In Testimony whereof I
the said Henry Berry the Testator have to the five
first sheets of this my last Will and Testament
contained in six Sheets of Paper set my Hand and
to this the sixth and last Sheet thereof my Hand
and Seal the twenty fourth day of January in the
Year of our Lord one thousand eight hundred and
forty six Henry Berry - Signed sealed
published and declared by the said Henry 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
the Word "Residuary" between the fifth and sixth
lines from the bottom of the third sheet having been
first interlined, Richard Jenner Ringmer, Inigo
Gell Sol^r Lewes

Transcribed by Vyvyan Jones March 2019

• Occupation: blacksmith, 30 Mar 1851. ³

• Residence, 30 Mar 1851, 35 Francis Street, Brighton, East Sussex, BN1 4JT, GB. ³

• Occupation: blacksmith, 7 Apr 1861. ⁴

• Residence, 7 Apr 1861, 1 Ann Street, Brighton, East Sussex, BN1 4GP, GB. ⁴

Henry married Mary Chambers, daughter of Thomas Chambers and Hannah Lilliet, on 5 May 1824 in All Saints' Church, Church Hill, Patcham, Brighton, East Sussex, BN1 8YE, GB.¹ (Mary Chambers was born before 19 Feb 1801 in Newtimber, Hassocks, West Sussex, BN6, GB ³, baptised on 19 Feb 1801 in St. John the Evangelist's Church, Church Lane, Newtimber, Hassocks, West Sussex, BN6 9BT, GB,¹ died on 29 Aug 1861 in 18 London Road, Brighton, East Sussex, BN1 4JB, GB ⁵ and was buried on 8 Sep 1861 in Church of the Transfiguration, Church Hill, Pyecombe, Hassocks, West Sussex, BN45 7FE, GB ^{1 7}.). The cause of her death was Cancer of Stomach. 2 months..⁵