Levi Berry ⁴

  General Notes:

In 1827, Garrett Berry's daughter, Mary, married Samuel Wry in Madison County, KY. The bondsman and witness was Levi Berry. Based on this marriage, and other circumstantial information, it was assumed that Levi and Garrett were related.

In 2011, y-DNA results for a descendant of Levi Berry clearly say that he is not related to a descendant of Garrett Berry. While there are a number of possible explanations for the mismatched y-DNA markers, we may not be able to determine the correct answer.

One possibility is that the descendants of Levi's line and Garrett's line do not reflect the y-DNA of Levi or of Garrett. The documentation to connect Levi to his descendant is pretty solid. The line from Garrett to his descendant is not as complete, but seems reasonable based on what we have.

Another possibility is that, although Levi's surname was Berry, he may not have been born a Berry. It is possible that he was adopted (formally or informally) and took the Berry name as his own. It is also possible that Levi is of another unrelated Berry line, and was associated by intermarriage between the two Berry lines or associated families.

  Noted events in his life were:

• Marriage Bond: Polly Berry, daughter of Garrett, 21 Jun 1827, , Madison, Kentucky, USA. ⁴
Samuel Wry and Levi Berry make bond for marriage of Samuel to Polly Berry, daughter of Garrett Berry.

• Marriage Consent: Polly Berry, daughter of Garrett, 21 Jun 1827, , Madison, Kentucky, USA. ⁴ Sir Daved Erven
you are hearby authorized
and requested to ishue licens to marry
Samuel Wry and my daughter Polly
given under my hand this the 21st
of June 1827
Attest
[sig] Levi Berry [sig] Garet Berry

• Tax Record, 1830, , Madison, Kentucky, USA. ⁸
1830 Madison County taxlist book 1, page 10
1830 1 10 Berry Levi Miller's Company, 35th Regiment; east
1830 1 11 Berry James Miller's Company, 35th Regiment; east
1830 1 11 Berry Silas W Miller's Company, 35th Regiment; east
[Miller's company appears to be the area of Madison Co that Garrett Berry had lived in prior to 1827]

• Marriage Bond: Levi Berry and Kitty Fluty, 25 Dec 1830, , Estill, Kentucky, USA. ²
Levi Berry and John Fluty bond re Levi's marriage to Kitty Fluty.

• Marriage Return: Levi Berry and Kitty Fluty, 25 Dec 1830, , Estill, Kentucky, USA. ³
[page] 70...
Berry Decr 25th 1830 Celebrated the rites of marriage
Levi between Levi Berry and Kitty Ann Fluty

• Tax Record, 1834, , Estill, Kentucky, USA. ⁹
page 4
no land

• Land: John Fluty to Levi Berry, 20 Aug 1835, , Estill, Kentucky, USA. ¹⁰
Estill County, KY., Deed Book F, page 156-157
Transcript provided by William A. Barry

Know all men by these presents that we John Fluty and Katharine his
wife of County of Estill and State of Kentucky for an consideration of
the sum of five hundred dollars to us in hand paid the receipt of
which is hereby acknowledged have granted bargained and sold unto Levi
Berry of the County of Estill and state aforesaid a certain tract or
parcel of land on the Kentucky and Red river and near the junction of
same and bounded as follows to wit Beginning at a sycamore on the bank
of the Kentucky river running North 89 East 36 to two elms and
sycamore on the bank of red river thence running up said river and
binding thereon 246 poles to sugar trees thence S 89 West 60 poles to
two sugar trees thence North 43 west 46 to a white oak thence west 58
poles to a sycamore and mulberry on bank of the Kentucky river thence
running down said river and binding thereon 214 poles to the Beginning
and and containing one hundred and fifty three acres and one hundred
and four poles and do hereby grant bargain sell confer and confirm the
aforesaid tract of land with all the appurtenances thereunto belonging
unto the said Levi Berry his heirs and assignees forever and the said
John Fluty and Katharine his wife doth warrant and defend the said
tract or parcel of land from all and every person or persons claiming
under them and also from all and every person or persons claiming
under claims of Graham and Holder but don't warrant and defend against
any other claim whatever issuing whereof we hereunto set our hands and
seal this 20th of August 1835
John Fluty (seal)
attest
Francis Stone
Benjamin Little

Kentucky Estill County Sct
Robt Clark Clerk of the court for the county aforesaid do certify
that this deed from John Fluty and Katharine his wife to Levi Berry
was this day produced to me in my office and proved by the oaths of
Francis Stone and Benjamin Little the subscribing witnesses there to
be the act and deed of the said Fluty for the purposes therein named
and thereupon said deed together with the certificate hath been duly
recorded in my office Given under my hand this 12 day of January
1836
Robt Clark

• Tax Record, 1836, , Estill, Kentucky, USA. ¹¹
page 5
150 acres class 2 land on Red River: entered, surveyed, and patented by Graham

• Census, 1840, , Estill, Kentucky, USA. ¹²
page 25
Levy Berry 2,0,0,0,0,1...//0,2,0,0,1....// 5 slaves
[numerous associated families on this page]
Who's Who of Berry Genealogy:
1840 census Estill County, KY. page 25/stamped 69 (in order of appearance)
Boles Harris v Berry in Madison Co., KY
Jones Webber Jones and Webber families are related to Philip Webber m Frances Berry
Henry Skinner Skinner m Berry in Madison Co., KY
James Wood
Sanford Webber
Nicholas Lowery
Abraham Noland
Levy Berry
John Fluty [father-in-law Levy Berry]
????? Stone [there are several Stone connections, e.g., John Berry m Eliz Harris named a daughter Nancy Stone Berry]
Philip Webber [s/o Jones Webber, nephew of Philip Webber m Frances Berry]
Timothy L. White
John Barnes
Samuel Berton
Jackson Best
George Witt
Ebenizer Park [Park name appears in Platte Co, MO close to Berry]
Saml B. Hymen
Joseph Wilson [Wilson associate with Skinner and with Tho Berry family of Hancock Cr in Clark Co., KY.]
Silas Noland
Jas M. Watts
Ana Norton
Ebenizer Wilson
Soloman B. Park
Joel ???
Prissilla Day
Eli Jones
John Alcorn [is Alcorn of the same family as the 1848 deed between John Calvin Berry and James Allcorn in Platte Co., MO?]
Beverly Philips

• Census, 29 Aug 1850, , Estill, Kentucky, USA. ⁵ Estill County, KY., 29 Aug 1850, page 64
line 37 - Levi Berry, age 41, m, KY
line 38 - Kitty A., age 34, f, KY
line 39 - Martha Ann, age 18, f, KY
line 40 - Mary, age 17, f, KY
line 41 - John, age 13, m, KY
line 42 - Abner, age 11, m, KY
***** next page
line 1 - Nancy, age 8, f, KY
[Note: in 1850 there is also a Levi Berry in Hardin County, KY.]
[John Fluty, possibly Kitty's father, household on line 27 first page]
line 27 - John Fluty, age 58, m, farmer, KY
line 28 - Catherine, age 57, f, VA
line 29 - Ransom, age 19, m, laborer, KY
line 30 - David, age 16, m, laborer, KY
line 31 - Margarett A., age 12, f, KY

• Tax Record, 1855, , Madison, Kentucky, USA. ¹³
By 1855 Levi had moved back to Madison County, Kentucky, where he is on the tax list. He is on the 1860 Madison County tax list, however, I do not find him on an 1860 census, nor do I have any further record of Levi or Catherine.

1855. Madison Co., KY. Tax list:
William Berry 1wm +21
Mary C. Berry
James H. Berry 1wm +21
James T. Berry 1wm +21
(NOTE: It appears the above names were repeated below)
Levi Berry 1wm +21
John W. Berry 1wm +21, Kentucky River
Killion Berry 1wm +21, 4 children 6-18
Nathaniel Berry 1wm +21
James H. Berry 1wm +21
William Berry 1wm +21
Mary E. Berry
James T. Berry 1wm +21
Susan M. Berry

1858. Madison Co., KY. 18 Nov. Marriage bond for marriage of Eben Berry and Frances Braughton. Father Levi Berry. Bondsman, Thomas M. Boone. (Madison Co., KY. Marriage Bonds, Vol. 3, p. 307)--p46

1858. Madison Co., KY. 4 Dec. Marriage bond for marriage of John Berry and Mary P. Elliott. Mother, Martha Elliott. Bondsman, Eben Berry. (Madison Co., KY. Marriage Bonds, Vol. 3, p. 307) -- p47


1860. Madison Co., KY. Tax list:
Thomas J. Berry 1wm +21, Muddy Creek
John W. Berry 1wm +21
John Berry 1wm +21
Levi Berry 1wm +21
William F. Berry 1wm +21, Muddy Creek
James T. Berry
Samuel F. Berry
William G. Berry
Susan N. Berry
Mary E. Berry
James H. Berry -- page 47

• Marriage Consent: by Levi Berry, 11 Nov 1858, , Madison, Kentucky, USA. ¹⁴
November the 11th 1858
Mr Thomas Barnes Sir
you will pldes let my son
Ebbin Berry have Lisens to
marry Miss Martha F Braughten
and oblige yours Levi Berry
Attest
Thos M Boone
J C Williams

• Marriage Bond: Eben [Abner] Berry to Frances Braughton, 18 Nov 1858, , Madison, Kentucky, USA. ¹⁵
1858. Madison Co., KY. 18 Nov. Marriage bond for marriage of Eben Berry and Frances Braughton. Father Levi Berry. Bondsman, Thomas M. Boone. (Madison Co., KY. Marriage Bonds, Vol. 3, p. 307)

• Tax Record, 1860, , Madison, Kentucky, USA. ¹⁶
1860. Madison Co., KY. Tax list:
Thomas J. Berry 1wm +21, Muddy Creek
John W. Berry 1wm +21
John Berry 1wm +21
Levi Berry 1wm +21
William F. Berry 1wm +21, Muddy Creek
James T. Berry
Samuel F. Berry
William G. Berry
Susan N. Berry
Mary E. Berry
James H. Berry

• Marriage Bond: Nancy Berry, 1868, , Clark, Kentucky, USA. ⁷
County, KY., Marriage records, 1793-1976, Vols. 5A-7A 1868-1881 - FHL US/CAN Film [ 1943692 ] - Vol 5A, 1868, p36
John william Spark & Nancy Berry as prinipals and Levi Berry as surety, 7 Sep 1868
signatures: John Willaim Sparke and Levi Berry
John C? clerk

page 37
The Clerk of Clark County Court is hereby authorized to issue to
John William Sparks license fo intermarriage with myself, this 7th day
of September 1868.
signed: Nancy Berry
By Levi Berry
Attest
Rodney Haggard

page 37
Levi Berry oath regarding above marriage

• Marriage Bond: Nancy Berry, 1868, , Clark, Kentucky, USA. ⁷
another part of page 37: see the image

Levi married Kitty Ann Fluty, daughter of John Fluty and Catherine Turner, on 25 Dec 1830 in , Estill, Kentucky, USA.^{1 2 3} (Kitty Ann Fluty was born in 1816 in , Estill, Kentucky, USA ⁵.)