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

subscribed their names as witnesses thereto, at the request and in the presence of Wm. Berry.

And after executing the will there was nothing material. Mr. Berry and the company entered into conversation, and Wm. Berry appeared to him very cheerful & glad the business was done.

The will exhibited in court being produced to the Deponent, he says that that is the paper he saw Wm. Berry sign, seal, publish, & declare to be his last will & testament, and that he subscribed his name as witness thereto, as did also Dr. Steuart & Thos Marshall, in the presence and at the request of William Berry, and the Dept. saw Dr. Steward & Thomas Marshall sign their names as witnesses but does not particularly recollect seeing Mr. Boyd sign his name as a witness to the will. And the Dept. says this was done on the second day of June last.

Whether at the time that Wm. Berry executed the will now exhibited the said Wm. Berry was of sound & disposing mind, memory, and understanding? Ansr: that to his apprehension he appeared to be perfectly in his senses as he, the Dept., ever saw him in his life, and the Dept. has known him upwards of thirty years, and that there was nothing in his conversation or behaviour at that time that denoted the least insanity.

Was you intimately acquainted with Wm. Berry? Ansr: as much so as any person who lived at such a distance could be, being about twenty miles asunder, and frequently were at publick places together, & the Dept. frequently was at Wm. Berry's house, and the spring before last was with him at his house and in the neighbourhood four weeks together. Was Wm. Berry cautious in his contracts and sagacious at making bargains even when he was not sober? Ansr: he believes he was. Was Wm. Berry, during the time the Dept. stayed at his house on the day on which the will was executed, drunk or sober? Ansr: he thinks if he was any ways enlivened it must have proceeded from the drops Dr. Steward gave him. How long did the Dept. stay at Mr. Berry's at that time? A: as nearly as he can recollect, about two hours. Did Mr. Berry appear to the Dept. to be sober the whole time he stayed there? Ansr: yes. Did you not understand from Mr. Berry that he had been in a course of hard drinking? Ansr: he guessed that to be the cause of his complaint, tho' he did not hear it from him or any other person. He knows that at times Mr. Berry drank hard but that no intoxication ever put

Source: Prince George’s County Register of Wills (Orphans’ Court Proceedings) 1777-1790, f. 122, MSA C 1275-1