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


The Deposition of Thomas Marshall, cont'd

When Mr. Berry was in a course of drinking, was an advantage in any bargain or contract respecting his property easily to be had of him? Ansr: intirely to the contrary. William Berry had observed to Dept. that he thought he could make a better bargain when lively with liquor than sober. And the Dept. has heard Wm. Berry make the foregoing observation both sober, drunk, & lively. Did you look upon Mr. Berry, until the time of his death, as a man careful of his property and who was making money? Ansr: “yes, exceedingly so in general, only at times when drunk; when drunk he was confined to his bed and not able to see after his business as other men could.”

Had you ever any conversation with the brothers of Wm. Berry, or any of them, since his decease respecting the setting aside of the will now exhibited? And what conversation? Ansr: “I have had some conversation with them. They have observed to me they did not think the will made by their brother when he was rational or in his senses, and they were determined to set it aside if they could, that if it was established they should be considerable losers from their father's estate, and it would be a cruel thing if it was established; they should suffer some hundreds of pounds.” The Dept. told them he thought their brother was in his senses. Did the brothers of Wm. Berry, or either of them, ever make any proposals to you or direct you to make any proposals or offers to any person, particularly to Ann Thompson, respecting the will now exhibited and if any such offer or proposal was made, what was it? Ansr: “nothing more than they have observed to me that they would do something clever for Nan Thompson for the services she had rendered their brother during his illness, that all the legatees should be paid off honorably except Wm. B. Warman, to whom they would give a thousand acres of the back land & four or five hundred pounds to show the world they would act honorably by the boy, that it would be a cruel thing he should have so great a part of their father's estate. They told me to tell Nan Thompson she should have forty or fifty pounds, that is, Zachariah Berry & Benjamin Berry, and that there was nothing left her in the will, and they thought she ought to have had something for the services she had rendered their brother.”

He informed Nan Thompson that Zach. & B. Berry informed me that she should have the above sum. Nan Thompson observed to me she thought she deserved something for the services she had rendered, but if there was no provision made in the will, she did not expect to get anything. Did you inform Nan Thompson, or give her to understand, that she was to have forty or fifty pounds in case the will was set aside? Or that she was to have it at all events? Ansr: he informed Nan Thompson she was to have that sum in case the will was set aside and the brothers got the property of the man from whom it was due. Had Nan Thompson made any demand

Source: Prince George’s County Register of Wills (Orphans’ Court Proceedings) 1777-1790, f. 117, MSA C 1275-1

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© Maryland State Archives, 2000