INMONROE-L Archives

From: Randi Richardson <>
Subject: [INMONROE] John Marr Berry
Date: Fri, 05 Jan 2001 09:15:07 -0500

DOCUMENT: Will for John Marr Berry

SOURCE: Monroe County, Indiana, Will Book 4, pp. 236-241

I, John Marr Berry of the Township of Richland in the County of Monroe,
State of Indiana, do make and publish this writing as and for my last Will
and Testament, in manner and form following to wit:

First---I direct that all my debts and funeral expenses shall be paid out
of my personal estate as soon as practicable after my death.

Second--I heretofore received of moneys that came to my wife from the will
of her Uncle Peter Borellar, deceased, the sum of twelve hundred (1200)
dollars. I therefore hereby direct and declare that said sum of twelve
hundred (1200) dollars shall be paid to my wife in life at my death, if not
in life at that time the same shall be paid to her legal heirs who shall be
in life and who shall share the same according to the law of descent now in
force in this state.

Third--The rest and residue of my estate real and personal I give to my
wife Angeline P. Berry (who is referred to in the second paragraph hereof)
for and during her natural life, and at her death I give and devise the
same to my children who are now in life, and to the descendants of such as
are dead as tenants in common. My children now in life are named: Susanna
Mitchell who is a widow; Lucretia Campbell now the wife of William Campbell
of Chariton, State of Iowa; George Berry now of Owen County in this state,
Ellen Badger now the wife of Samuel Badger of Lucas County, Iowa; William
M. Berry of the aforesaid town of Chariton; John M. Berry and Francis M.
Berry, the two latter now reside with me. My son Alexander is deceased and
has two (2) sons now alive, to wit: Benjamin F. Berry and Alexander Berry
who severally reside in the State of Iowa; my son Greene is now deceased
and left several children whose given names to me are unknown; each and all
of whom reside in the State of Iowa.

Fourth--I hereby nominate and appoint my wife's brother, John D. Mayfield,
executor of this my will and request that he accept the trust as I have the
utmost confidence in his honesty and integrity.

In testimony whereof I have hereto set my name and seal this 9th day of
September, 1874.

John Marr (his mark) Berry

Witnessed by: William H. Curry and M. L. Snodgrass

- ---------------------------------------------------------------------------------
Codicil No. 1

I, John Marr Berry of Richland Township, County of Monroe, State of
Indiana, do declare this writing to be a supplement to and Codicil No. 1 of
my last will and testament which I made, signed and established on the 9th
day of September, A. D. 1874.

Owing to the fact that I have outlived my wife, Angeline P. Berry, and that
I am left in poor and feeble health unable at present to manage my own
affairs, and the probability that I will remain in a comparatively helpless
condition during the remainder of my life, and owing also to the fact that
my son, John M. Berry, Jr., is lame, impaired in health and his business
education unfinished causing him to be unable at present to provide a
living for himself, I hereby direct that such part of paragraph third in my
above-named last will and testament by which I directed that all my
property, personal and real, be willed to my wife Angeline P. Berry during
her natural life, being now useless and of no effect from the fact that
said Angeline P. Berry is now deceased, be and the same is hereby stricken
out and the following inserted in lieu thereof:

First--I hereby authorize and direct that there be a lease contract made
between myself and my son William M. Berry for the period of such time as I
may live or as long as my son, John M. Berry, Jr., may need a home on the
farm from inability to provide a home for himself, on the conditions that
said William M. Berry provide a home and necessaries of life for myself and
for my son, John M. Berry, Jr., while he may need the same from inablity to
provide a living for himself, his ability to do so or inability not to do
so to be determined by a majority of my living children, and other
conditions named in said lease contract, said lease to be non-negotiable
and non-transferable.

Second--As a compensation for trouble and expense, said William M. Berry
has incurred or may have to incur in carrying out the provisions of the
above-named lease contract in providing for myself and for said John M.
Berry, Jr., I do hereby further authorize and direct that said lease
contract between myself and said William M. Berry be drawn for the period
of (5) five years from March 4, 1880 to March 4, 1885, even though neither
myself nor said John M. Berry, Jr., need a home on the farm that long said
lease as before said to be non-negotiable and non-transferable.

In testimony hereof I set my hand and seal this 23rd day of December, 1879.

John Marr (his mark) Berry

Witnessed by: John D. Coffey and John G. Coffey

NOTE: Will and codicil proven on April 6, 1880.

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• [INMONROE] John Marr Berry by Randi Richardson <>