Captain Berry's Will

Introduction to Captain Berry's Will

An introduction and postscript to Captain Berry's Will by Dr. Carson Gibb

A History Play Made of Six Depositions (Somewhat Abbreviated but Otherwise Unchanged) Sworn to in the Orphan's Court of Prince George's County, Maryland

Setting

Prince George's County, Maryland, summer 1784--three years after Cornwallis's surrender at Yorktown, six months after the signing of the Treaty of Paris, and one year after the Montgolfier brothers' demonstration of their first balloon.[*] The depositions were made in Upper Marlboro, the seat of the County, near its eastern edge. Captain Berry lived on the east side of the Eastern Branch (now the Anacostia) of the Potomac five or six miles downstream from Bladensburg. Most of the other characters lived in the neighborhood, much of which is now in the District of Columbia. The land that was then all marshes, woodland, farmland, and a few hamlets is now city and suburb, and I-295 runs over it.

Like the counties adjoining it on the east and south--Anne Arundel, Calvert, and Charles--Prince George's was distinctly Southern. (It and Charles are the counties John Wilkes Booth fled through after he shot Lincoln.) More than half its population were slaves, and they constituted about two-thirds of the personal property of the free. All but the poorest of the free had some taxable personal property, and some who had nothing else had a slave or two. But most of the property, personal and real, was held by the few. All the plate (that is silverware) was owned by about one-fourth of the free, and thirty per cent of the land was held by fewer than fifty people who owned at least 1000 acres apiece and who, with their families, constituted less than three per cent of the free population.[*] Among these few were Captain Berry, at least three of his brothers, his brother-in-law, and Colonel Joshua Beall.

Fifteen years earlier one of the richest of the few was Captain Berry's father, Jeremiah. He was probably descended from James and Elizabeth Berry, who were in Virginia by 1633, the year before Maryland was founded. Along with a number of other Puritans, they left Virginia in the early 1650s to escape the strict religious conformity enforced by Governor Berkeley. The Berrys settled on the Western Shore and were rich enough to take up land on both shores of Chesapeake Bay. Jeremiah inherited half a lot in Marlboro and 1240 acres elsewhere in the County. When he died, in April 1769, he held the half-lot, over 4000 acres elsewhere in the County, and 1300 acres in Frederick County.[*] The personal property he bequeathed his wife, Mary, included "negroes ... horses hoggs black cattle & sheep and all the household furniture with plate etc."[*]

Characters

Except William Berry Warman, who was too young, probably all the characters supported the Revolution. Certainly Captain Berry, his brothers and brother-in-law, Archibald Boyd, Thomas Marshall, J.F.A. Briggs, and Colonel Beall did.

Primary

Captain William Berry. Born in 1742, one of eight children (six sons and two daughters of Jeremiah and Mary). Inherited Good Luck, at least 443 acres[*], and acquired hundreds of acres more in the County and a one-third interest in 3000 acres in Greenbrier County, Virginia (now West Virginia).[*] A Justice of the Peace, and during the Revolution, a captain in the Middle Battalion of the County militia.[*]

William Berry Warman (Little Billy). Born in 1769 of Captain Berry and Ann Warman.[*]

Secondary: deponents who witnessed Captain Berry's will. Thomas Marshall. Born in 1761, possibly of Mary Marshall, who was a widow by 1776.[*] A house carpenter (in today's terms, a building contractor) and in the Revolutionary War probably an ensign in the Middle Batallion of Prince George's County.[*] Dr. John Stewart. Born in 1748. A physician and resident of Bladensburg. Archibald Boyd. Probably born by 1755. Married to Ann Scott in 1777.[*] Practiced law before the Courts o[*] both Montgomery and Prince George's Counties.[*] John Frederick Augustus Priggs. A "German Protestant," probably born in the 1720s. In Prince George's by 1749, naturalized in 1756.[*] Married Sarah Greenfield, who inherited land from her father, James.[*] Joiner, surveyor, Blanket-collector (during the Revolution), and Gentleman.[*]

Secondary: two other deponents.

Henry Brookes. Born in 1728. Married Martha Bowie.[*] Lived in the southeastern part of the County.[*] Planter, Collector of Quitrents. William Cooke. Born in 1746. Planter, tanner.[*]

Secondary: off-stage.

Colonel Joshua Beall. Born in 1719. Married Eleanor Greenfield, who inherited land from her father, James.[*] Captain in the County Militia during French and Indian Wars, then Colonel.[*] During the Revolution, Lieutenant of Prince George's County (that is, military commander of the County). Justice of the Peace, Justice of the Orphans' Court.[*]

Tertiary.

Captain Berry's kin; his mother, Mary; his sister Mary and her husband, Major Thomas Owen Williams; his brothers, Richard, Benjamin, Zachariah, and Elisha; and his nephews, Jeremiah and Zachariah. Ann Warman Benson. Mother of William Berry Warman. Sibb. A negro woman slave to Captain Berry. Nan Thompson. Nurse to Captain Berry.

Prologue

On 1 July 1784 a messenger brought word to Dr. Stewart that Captain Berry was so sick he thought he was going to die. Having received similar messages before, Dr. Stewart probably attended some patients in and near Bladensburg before starting the five-mile ride to Captain Berry's plantation. When he arrived, probably in three or four hours, Captain Berry was dead.

Captain Berry had never married, and his brothers and sister thought that a year or two before he had made a will which left most of his estate to them. Soon, however, they discovered that on 2 June 1784 he had made another will and that it left most of his estate to William Berry Warman. As soon as possible they had Thomas Stone, Esq., submit a petition to the Orphans' Court.

Epilogue

Whether or not Archibald Boyd mended his manners, Colonel Beall lived long enough to bury him as well as Captain Berry. Boyd died in the summer of 1792, leaving his widow, Ann, and at least one child, Robert.[*] His personal estate, including six slaves worth L 130, was appraised at about L 180.

Colonel Beall was married again, in 1787 to Elizabeth Waring, widow of Basil Waring.[*] He died early in 1796. His will names his widow, Elizabeth, a daughter, two granddaughters, a son, and a grandson.[*] He left 2000 acres of land and personal property worth L 1180.1.4.[*]

John Frederick Augustus Briggs was also married again, to Eleanor_____. He died in the summer of 1796, leaving about 1000 acres of land and personal property, including ten slaves worth L 380 and 81 1/2 ounces of plate worth L 32.19.2, appraised at L 739.11.8 1/4.[*]

Dr. John Stewart died in Bladensburg in the summer of 1797, leaving a lot in Bladensburg, 116 acres elsewhere, and personal property, including about twenty slaves, 35 ounces of plate, and a huge library of 581 books and 393 pamphlets, appraised at L 2641.17.4.[*]

Henry Brookes moved to Montgomery County, Prince George's neighbor to the north, and died in the spring of 1807. His will names his widow, Martha, seven children, and four grandchildren.[*] In 1798, when he had already given his son Walter 363 acres in Prince George's County and his daughter Eleanor Magruder an undetermined amount of property, he had 786 3/4 acres of land accessed at L 753.18.7 and personal property assessed at L 698 (including sixteen slaves, L 377, and 60 ounces of plate, L 25).[*]

William Cooke moved to Charles County and died in June 1819. His will names five children and one grandchild. His personal property, including nineteen slaves, was appraised at $6045.33 1/4.[*]

Of Thomas Marshall nothing further is known.

In 1787 Little Billy reached the age of eighteen and took over his father's estate, which Colonel Beall had been administering as his guardian.[*] Including Sibb and children and twenty-three other negroes worth L 1296.05, it was appraised at L 1860.17.10[*]; but it was burdened with debts. Little Billy sold 467 acres of land to pay the debts and the legacies in the will and passed the second account, which had a balance of L 1291.12.1[*]. In 1790 he was still single and had ten slaves.[*] In 1793, when he had a wife named Lucy, he sold 1212 acres on the Eastern Branch to James Greenleaf, one of the original developers of Washington, D.C., for $5757.00.[*] He must have owed most of this sum, for the highest assessment of his combined real and personal property was about L 1500. He reached this peak about 1804, by which time he had changed his name to William Warman Berry. He had 922 3/4 acres, twenty-six slaves, (two of them smiths), and ten ounces of plate.[*] In 1802 he was married for the second time, to Margery Belt,[*] and in 1804 he was elected to the House of Delegates.[*] In 1807 he was assessed for 529 5/8 acres, twenty-five slaves (one smith), and two ounces of plate;[*] and he was married to Nancy (Ann) Beall who was to be his widow.[*]

In December 1808 William Warman Berry died, leaving Ann and six children by his former marriages. His personal estate was appraised at L 1979.51; but his debts were much greater than that, and the debts of L 1615.1.11 1/2 owed to it were all judged desperate--that is, hopeless.[*] In November 1809 the personal estate was sold. Ann bought, on credit, $845.32- worth of things needed for farming. In 1813, when the timber on the lands would not bring enough to pay the rest of the debts, 134 acres of land were sold for $2257.90. In the same year Ann petitioned the Orphans' Court to allow the estate to pay her $587.25 for part of "the support of the family in a decent and, your petitioner hopes, in a respectable manner for upwards of four years."[*]

Finally, in 1815, William Warman Berry's estate, consisting of 400 acres of land, was distributed equally among the seven heirs: the widow, Ann Berry, and the six children, Charles M. Berry (Midshipman, U. S. N.), Lucy Berry, Brooke Magruder Berry, William Berry (Midshipman, U. S. N.), Matilda (Berry) Young, and Eliza Berry.[*]

Return to outline.


Course format, syllabus, and lectures ŠEd Papenfuse
State Archivist
Maryland State Archives

Phone: (o) 410-260-6401
Email: edp@mdsa.net