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Captain Berry's Will
Debauchery, Miscegenation, & Family Strife
Among 18th Century Gentry


The Deposition of Thomas Marshall, cont'd

after the will was made. There was no other relation of the boy’s there. . . except his aunt at the time aforesaid. Was there any friend of Wm. B. Warman or any person who interested themselves on his behalf with Wm Berry before or about the time of making the will? Ansr: he does not know there was.

Did you see Wm. Berry frequently between the time of making the will and his death? Ansr: “yes.” What was his situation? was he generally drunk or having the effects of liquor on him, or was he sober? Ansr: “he was generally under the effects of liquor. Some part of said time drunk & some part of the time just lively with liquor & some other part of the time appeared very steady in his conduct as a rational sober man.” Did you ever see him during that time, in your opinion, perfectly sober? Ansr: as much as a man possibly could be from taking the smallest quantity of liquor, he was in his opinion (Wm. Berry) perfectly sober the afternoon of the day on which the will was executed.

Had he ever any conversation with Wm. Berry, when perfectly sober, respecting the disposition of his property? and if he had, in what manner did Wm. Berry, when sober, declare he intended to dispose of his property? Ansr: he never had, to the best of his knowledge, any conversation with Wm. Berry when perfectly sober respecting the disposition of his property, but whenever he spoke to him he was generally lively. At these times he always declared he never would leave either of his brothers or sister any part of his estate, that they all had a sufficiency to live on, and were independent enough without any part of what he had. If he was to leave it to them, they would only be a pulling & hauling & quarreling amongst them. Some would say, "Poor drunken fellow, he done better by you than me"- and he thought it was better to prevent any thing of the kind. At some of these times he has told him he be drot if he would not leave his estate to this little boy, laying his hand upon W.B. Warman. Did Wm. Berry never tell the Dep't he would give his estate to any other

Source: Prince George’s County Register of Wills (Orphans’ Court Proceedings) 1777-1790, f. 119, MSA C 1275-1

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© Maryland State Archives, 2000