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

person or persons except W.B. Warman? and at what time? Ansr: he has heard him say at some different times he intended to leave a few legacies else. Did Capt. Wm. Berry at the time he desired the Dept. to go to Doctor Steward promise to give him any thing? and if he did, what did he promise to give? Ansr: nothing more than that he would do five hundred times as much for the Dept., which was a common saying with him. Is there not a legacy in the will exhibited left to the Dept. sister? Ansr: I have understood there was. Q: whether when Wm. Berry was in a course of drinking he has not heard him declare that he would rather give his estate to Nan Thompson & Nan Hay, two women about his house, than that his brothers and sister should have it? Ansr: yes, he has.

Were the declarations of Wm Berry respecting his resolution not to give his estate to any of his brothers or sister & to give it to Wm. B. Warman made when he appeared to be displeased or angry with this brothers & sister or otherways? Ansr: he has heard him make this declaration when not displeased with his relations, and also when he did not appear to be displeased with anybody. Quest: if there was not great intimacy & friendship between Wm. Berry & his brothers & sister when Wm. Berry was sober? Ansr: it always appeared to him to be great intimacy.

Quest: Did not Zacha. Berry or Benja. Berry produce you a book called The Deputy Commissary's Guide in which the oath was wrote which is commonly made use of to prove a will? and whether he, the Dept., did not tell Benja. or Zacha. Berry that he would not take that oath? Ansr: no. Zacha. Berry at Benja. Berry's and in company with Benja. Berry showed the Dept. a book called The Commissary's Guide. Benja. Berry read some part of a page in the book which he said he imagined would be administered to him, the Dept., for the proving of the will. Dept. told him that he did not imagine that what he read to the Dept. would be put to him; if it was, he thought he would object to it. Dept. told Benja. Berry he imagined he would be sworn to answer truly such questions as would be asked him. Dept. saith his reasons for saying he thought he should object to the oath aforesaid was that he did not see William Berry sign his name to the will, or any of the other witnesses subscribe their names to the will, and that Wm. Berry had been drinking a little that morning, and Dept. did not know at that time that the Dept. should consider Wm. Berry to be a man perfectly sober and clear of drink, and Dept. says that to his knowledge he never intimated to any person that he did not think that Wm. Berry, at the time of executing the will exhibited, was not of sound and disposing mind and memory. Dept. says that the brothers & sister of Wm. Berry are in independent circumstances.

Sworn in open Court
Test. Saml. Tyler, Register

Source: Prince George’s County Register of Wills (Orphans’ Court Proceedings) 1777-1790, f. 120, MSA C 1275-1