John Berry

   Another name for John was John C. Berry.¹⁰

  General Notes:

y-DNA test results show that descendants of John Berry and Mary Grimes, are related to the following Berry lines:
• Thomas Berry Sr. (~1728 to 1824) and wife, Catherine LNU*; they died in Clark County, KY.
• James W. Berry (~1780 to 1837) and wife, Margaret LNU; James died in Madison County, KY.
• Garrett Berry (~1761 to ~1830) and wife, Mary LNU; they died in Madison County, KY.
• John Barry (~1790 to ?) and wife, unknown, of County Limerick, Ireland.
• John Berry+ (~1775 to 1840) and Elizabeth Harris; they died in Saline County, MO.
links at - http://www.ourberryfamily.com/dnaberry.htm
[ceb, 28 Mar 2015].

While I have not found a document to directly connect John as a son of Garrett, research has provided several independent sources of information that support the relationship indirectly:
1. W.H. Paxton's Annals of Platte County tells us that James H. Berry's father was Garrett
2. Madison marriage records include Garrett's consent for his underage son, William, to marry Sally Baxter.
3. John Calvin Berry's 1842 letter referred to both James H. Berry and William Berry as uncles, so Calvin's father was a brother to William -- ergo: John Berry (m. Mary Grimes) was the son of Garrett.
4. y-DNA data confirms that Garrett's descendants through son William descendants are related to John's descendants.
See John's life events for the details and sources - [ceb, 16 Mar 2015]

**************
The name John C. Berry is used here to make sure that the reader understands that, while John Berry is believed to be the son of Garrett Berry, it is not sufficiently proven by 'primary' documentation. In fact, there is NO primary document that links John to Garrett and no primary document that prohibits linkage (it should be noted at this point that there is also no document that uses the middle initial 'C.' for John Berry).

There is plenty of circumstantial evidence that John is the son of Garrett: John Calvin Berry's letter of 1842, Paxton's history of Platte County, MO, proximity of John Berry to Garrett in Madison County tax lists in one or two years. The best circumstantial evidence is by combining the information in John Calvin Berry's letter with information from Paxton's information about James H Berry and John Calvin Berry in his History of Platte County, MO.
John Calvin's letter (see Event # for the transcription and image) outlines family relationships between himself and his uncles James Berry and William Berry, and a cousin William G. Berry. Accordingly, the (un-named) father of James and William would be John Calvin's grandfather.

When Paxton's history states that the father of James H. Berry was Garrett Berry of Madison County, KY., there is a linkage that identifies the unknown common father as Garrett. Is Paxton's history reliable and correct? That would depend on who his informant was, and whether he reported the information correctly. We do not know who the informant was, or how familiar the informant may have been with the facts of the situation. Paxton is known to have published incorrect information in this work, and Paxton's history is a tercerary, not primary, source.

There may also be some question about the reporting of John Calvin with regard to his 'uncles', James and William. Is John using the word 'uncle' to correctly identify James and William as brothers of his father, or is he using the word to show familial respect for elder cousins? Here, I would accept that he is identifying his father's brothers--but the question remains. As it is, John Calvin's letter is a secondary source.

Now, having identified all these questions, let me state clearly that John Berry and Mary Grimes are our ancestors and that Mary's family lines are well documented. ^{11 12}

  Death Notes:

Between 29 Mar and 16 Apr 1817

  Noted events in his life were:

• Tax Record, 5 Sep 1801, , Madison, Kentucky, USA. ¹³ Sept 5......
Berry, John, book 1, bottom page 3
1 white Male > 21
4 horses
170 acres on Muddy Cr; Entered, Surveyed, and Patented by Higgason Grubbs
Berry, Thos Jun, book 1, bottom page 3
1 white Male > 21
1 horse
Sept 7..........
Thomas Berry, book 1, page 4, line 2 & 3 [sometimes identified as Thomas Berry Sr]
1 white male > 21
4 horses
100 acres Muddy Cr: entered, surveyed, and patented by Robt Moore
400 acres Kentucky River: entered, surveyed, and patented by Tho Berry
this is likely the same as the Station Camp acres in other reports
Berry, John, Jun., book 1, page 4, line 4
1 white Male > 21
1 horse
Garrett Berry: line 7, page 4
1 white male > 21
4 horses

• Bond: John Berry and Garrett Berry - James Grubbs, Nov 1805, , Madison, Kentucky, USA. ¹⁴ [Madison County Circuit Court, Box 23, Bundle 45, Berry vs Grubbs, 1805, 3271]
[page0004]

Know all men by these presents John Berry _______[& Garrett Berry?]
of Madison County Kentucky are both held firmly bound
unto James Grubbs formery of this county in just
full sum of sixteen pounds fourteen shilllings current money of Kentucky
to which payment will and truley to be made
unto the sd James Grubbs his heirs ____ we bound
ourself and each of us and _______ ______ heirs. We
faith and ______ severally by there presents
jointly and severally by these presents
______ ______________ ______ ________ of November 18__.
The condtions of the above obligation is such
that where as John Berry hath this > day received from me Nathan Lipscomb a justice for _____ < circuit court an atta
chment against Jas Grubbs estate for the sum of
seven pounds seven shillings returnable to the next court
____ quarter sessions if therefore the sd John Berry
shall satify and pay all cost which shall be accrued
the sd Grubbs in case the sd Berry shall be cast in
the rest and also all damages which shall be resov??
against the said Berry for ______ ___ said attachment
then this obligation to be void else to remain in
full force given under our hands and seals the day
and date within written.
John Berry
Garret Berry

[the image and part of the transcription provided by Wm A. Barry's research at FHL in 2009]

[While there was only one Garrett Berry in Madision County, there was usually more than one John Berry reported in the tax lists between 1799 and 1810.
One John Berry would have been married to Elizabeth Harris. Elizabeth Harris was related to the Grubbs family. Perhaps this John was involved with Garrett in the case vs Grubbs. This John and Elizabeth moved to MO in about 1809.
The other John Berry (my ancestor) m. Mary Grimes in 1808, and moved to Clark County in about 1809. Was it he that was involved with Garrett in the Grubbs case? This John was also involved in a Madison County case vs Thomas Taylor.

• Court: order: John Berry v James Grubbs, 19 Nov 1805, , Madison, Kentucky, USA. ¹⁴ [Madison County Circuit Court, Box 23, Bundle 45, Berry vs Grubbs, 1805, 3271]
[page0006]

Kentucky Madison County, To the sheriff or constable
To wit
Whereas John Beary of Madison hath this day made
complaint befoe Nathan Lipscomb on of the ____________
________ justices of the peace for the said county that
James Gruvvs of sd county is in debted to him the
sum of seven pounds seven shillings current money and
that the said Grubbs hath _______ & removed himself
out of this ____________ that the __________ process of law
cannot be served on him. These are therefor in
the name of the commonwealth to require you to att
ach the estate or so much thereof as will be suf
ficient to satisy the said debt and cost and such
estate so attached in your hands to secure _____
to provide that the same may be liable to such
other proceedings there upon to be had at the next
March circuit court to be held for this county and
that you then and there make return how you
have executed this warrent ginven under my hand
this 19th day of November 1905. Nathan Lipscomb
[the image provided by Wm A. Barry's research at FHL in 2009]

• Court: bond release Thomas Taylor by John Berry, 6 Mar 1809, , Madison, Kentucky, USA. ^{15 16} The Madison County Circuit Court case #06410 is based on a March 6, 1809, agreement between John Berry and Thomas Taylor, both of Madison County. The details of the case do not seem critical to our research, so I will not make a transcript from the images that were provided by Bill and Geralyn Barry's March 2009 research at the Family History Center in Salt Lake City.
The real significance is that:

2. by being involved in the contract, we should assume that John is at least 21 years old,
3. John is stated to be of Madison County on 9 March 1809,
4. but living in Clark County on 22 Nov. 1813 when served with notice of court activity in Madison County.
Regarding 3 and 4, our ancestor, John Berry, married Mary Grimes in September 1808. Then apparently he and Mary lived in Madison County during 1809. Then by 1813, they had moved to Clark County and lived there until John's death in the spring of 1817.
All this seems to indicate that John was associated with the Berry families of Madison County.

• Bond: John Berry to Tandy Bush, 25 Mar 1809, , Clark, Kentucky, USA. ¹⁷ "On or before the first day of April Eighteen hundred and ten, I promise to pay or cause to be paid unto Tandy Bush his heirs or asigns one gilden not to be older than seven years to be worth ninety four dollars not considering the scarcity of money it being for value received of him as withness my hand and seal this 25th day of March 1809.
John Berry [seal]
Witnes Elkanah Bush
copy attest John Martin ??? C.C.C.C."

• Tax Record: one of two, 3 Jun 1809, , Madison, Kentucky, USA. ¹⁸ [line 7] Berry John - no land, 1 wm >21, 7 horses
[There are two tax records for John Berry in Madison County in 1809. It is difficult to tell which one is correct for John m. Mary Grimes. In later tax records, John m. Mary, has only one or two horses. This tax record is for the eastern district of Madison Co., where Muddy Creek is found].

• Tax Record: two of two, 3 Jul 1809, , Madison, Kentucky, USA. ¹⁹ [line 22] Berry John - no land, 1 wm >21, 2 horses

[There are two tax records for John Berry in Madison County in 1809. It is difficult to tell which one is correct for John m. Mary Grimes. In later tax records, John m. Mary, has only one or two horses, so record two of two (Jul 3 1809) seems to fit with that. However, this John appears to be in the western district of Madison Co (Tates Cr). This may be John Berry m. Elizabeth Harris].

• Bond: John Berry bond to Benjamin Grimes, 9 Sep 1809, , Fayette, Kentucky, USA. ²⁰ "I promise oblige myself my heirs to pay or
cause to be paid unto Benjamine Grimes the sum
of one hundred ten dollars against the first
day of Augu st 1810 it being for value
received of him this 9 day of Sept
1809 ____ fr om under my hand this day above
John Berry (seal)
Test
Oliver Suttons
John Welch"

• Census: John Berry in Census, 1810, , Fayette, Kentucky, USA. ^{21 22 23}
1 , 0 , 0 , 1 , 0 // 0 , 0 , 1 , 0 , 0 // 0 , 4
<10, 10-15, 16-25, 26-44, 45+ // <10, 10-15, 16-25, 26-44, 45+ // other, slaves
white males // white females // others
white male <10 might be William B
white male 26-44 might be John
white female 16-25 might be Mary
[might also be the wrong John Berry family; ceb2]

• Tax Record: John Berry in tax list, 15 Jul 1812, , Clark, Kentucky, USA. ²⁴ 1 white male over 21 [John], 0 black males over 16, 0 blacks, 2 horses

• Tax Record: John Berry in tax list, 19 May 1813, , Clark, Kentucky, USA. ²⁵ 1 white male over 21[John], 0 black males over 16, 0 blacks, 2 horses, Scobey Company of 36th Reg [Grimes and Judy also in Scobey Company].

• Court: Berry v Taylor, 22 Nov 1813, , Madison, Kentucky, USA. ^{15 16} The Madison County Circuit Court case #06410 is based on a March 6, 1809, agreement between John Berry and Thomas Taylor, both of Madison County. The details of the case do not seem critical to our research, so I will not make a transcript from the images that were provided by Bill and Geralyn Barry's March 2009 research at the Family History Center in Salt Lake City.
The real significance is that:

2. by being involved in the contract, we should assume that John is at least 21 years old,
3. John is stated to be of Madison County on 9 March 1809,
4. but living in Clark County on 22 Nov. 1813 when served with notice of court activity in Madison County.
Regarding 3 and 4, our ancestor, John Berry, married Mary Grimes in September 1808. Then apparently he and Mary lived in Madison County during 1809. Then by 1813, they had moved to Clark County and lived there until John's death in the spring of 1817.
All this seems to indicate that John was associated with the Berry families of Madison County.

• Tax Record: John Berry in tax list, 19 May 1814, , Clark, Kentucky, USA. ²⁶ 1 white male over 21[John], 0 black males over 16, 1 b1ack, 3 horses

• Court: Eviction of John Berry, et. al, 12 Jul 1814, , Clark, Kentucky, USA. John Berry, Philip Grimes, Henry Judy, and John Rogers were occupying land that they did not have legal title to. This doucment, notice of ejectment, is the first in a series that relate to Simon Morgan heirs, legal owners, seeking eviction of John Berry, et al, in Clark County Circuit Court. It appears, from this document, that John Doe had possession of the land, then Richard Roe, then by some means John Berry, et al, had come to occupy the land that was legally owned by Charles Morgan and Simon Morgan heirs.
The following transcription by Bill Barry:
"____ Circuit, to wit
John Doe, by his Attorney ____________
?ly, &c. of a plea of trespassing and ejectment -- For that whereas Thomas
Jennings and Lucy his wife late, Lucy, Morgan and Charles Morgan
Daniel, Nancy, Eliza, George, & William Morgan heirs at law of
Simon Morgan deceased
the 12th day of July the year 1814 in the county of Clark
-- and circuit aforesaid, had? granted, demised and to farm let to
the said John Doe, one messuage, tenement and three hundred thirty three
1/3 acres of land one half of which is Corn, and the residue meadow
land, with the appurtenances, lying and being in the county
and circuit aforesaid; to have and to hold the tenement aforesaid,
with the appurtenances, unto? the said John Doe and his assigns, from
the last day of January ?en last past, unto the full end and term
of twenty years thence ? following, and fully to be complete and
ended; by virtue of which demise, the said John Doe into the tenement
aforesaid, with the appurtenances, entered and was thereof
possessed, until the said Richard Roe afterwards, to wit: the 13th
day of July in the year aforesaid, with force and arms into the
tenement aforesaid, with appurtenances, in and upon the possession
of him the said John Doe entered. and the said John Doe from
his tenement aforesaid as term not being then not yet ended
ejected, expelled and amoved: and him from his possession
aforesaid, held out and still doth hold out, and other enormities then
and there offered him against the peace and dignity of the commonwealth
of Kentucky ? The damage of the said plaintiff 500 dollars,
and therefore brings suit , &c.
D T?th for plaintiff

Mr John Berry - Henry Judy, William Boggs & Samuel Clarke

Gentlemen
You may perceive the foregoing declaration in ejectment, that
I am sued for the pre?es therein mentioned, they being, or some
part of them in your possession, and to which I have no title; if
therefore you claim and hereto intend to defend it, you must
appear the sixth day of ? ? Clark Circuit Court at the
Court House in the town of Winchester & then and there
make your defense otherwise I shall suffer judgment to pass
against me by default and you will be turned out of possession

Yours, Richard Roe.

Clark County, Sct."

• Court: Eviction of John Berry, et. al, Dec 1814, , Clark, Kentucky, USA. "I do hereby certify tha I ????? del
ivered a true copy of the within declaration
of Ejectment with the notice there under to be
??? to Philip Grimes ont the 24th of Dec
ember 1814 also to John Berry 26th of Dec
ember 1814 and to John Rogers + Henry
Judy and informed each of them ?????
part thereof and ???? they made ???????
???????????? B Harrison ??
for
D Harrison ?CC"

• Tax Record: John Berry in tax list, 7 May 1815, , Clark, Kentucky, USA. ²⁷ 1 white male over 21[John], 0 black males over 16, 1 black, 2 horses, Scobey Company of 36th Reg

• Court: Bush v Berry, 1816, , Clark, Kentucky, USA. ²⁸ Folio cover

• Court: Bush v Berry continued, 1816, , Clark, Kentucky, USA. ²⁹
p 367
Tandy Bush Plt }
agt } In covenant
Juhn Berry Deft }

• Court: Bush v Berry continued, 1816, , Clark, Kentucky, USA. ³⁰
Tandy Bush Plt }
agt } In covenant
John Berry Deft }
Ordered that this cause to be continued
until the next term, an on motion of the
Plaintiff an alias copias is awarded him against
the deft retunable here ??

• Religion: church messenger, 1816, Goshen, Clark, Kentucky, USA. ³¹ John Berry identified as a messenger for the Goshen Baptist Church in 1816. Goshen Curch is located in the hills 6 miles east of Winchester near where Goshen Rd crosses Stoner's Fork.

• Court: Eviction of John Berry, et. al, 25 Mar 1816, , Clark, Kentucky, USA. ³²
"Philip Grimes- John Berry Henry Judy
William Bogs Samuel Clark, Charles
Grimes, Lewis Grimes- Avery Grimes, and Robert
Tremble your atty at law gentlemen-
Take notice that on the 14th day of
May next I shall be at the house of
William Thompson int eh town of Warrington
Fauquier County, State of Virginai and will
there and ten take the Depositions of Gideon
Johnson and John A Smoith to be read
in evidenc in an action of ejectment now
depending in the Clarke Circuity Court- In
which the heirs of Simon Mogand (including
myself) are plaintiffs and you are de
fendants- and I shall attend from day
to day from that day ?????? until the
24th day of the same Month (?????????)
until the said Depositions should be ????
taken and presented- March 25th 1816-
???? David Morgan
?????????????"

• Court: Eviction of John Berry, et. al, 25 May 1816, , Clark, Kentucky, USA. ³³
Detail of survey drawings that shows the placement of the houses on the the land that John Berry, et al would be evicted from.

• Court: Eviction of John Berry, et. al, 25 May 1816, , Clark, Kentucky, USA.
"Pursuant to an order to me directed from the Honorable Clarke Circut Court at thier Jun Term 1815 to survey & lay down the land in controversy between John D?? on the demise of Thomas Jennings, Pltf, against Richard Roe (in) John Berry & Defs in ejectment I proceeded to execute the same on the 25th day fo May 1816 being attended John Stevenson for the plts who directed me to begin at letter 'A' a black walnut tree standing on the south bank of Stoners fork which tree is plainly & ????? marked as a corner tree & was shown by James Patton as Charles Morgans N.W corner of his preemption extending ? 30E420 poles to 'B' an elm plainly & ???? marked as a corner tree and with the letter M I was shown by James Patton as the SE corner of said 1000 acres preemption thence N89 1/2 E 418 poles to a walnut & elm at 'C" plainly & ?????? marked as corner trees & the elm with the leters 'CM' thence N1W420poles to 'D' the corner destroyd thence west 418 poles to the beginning.
The Plts claim of 3331/3 acres begins at the letter B SW corner of the premtion of 1000 acres in the name of Charles Morgan under which the Plts claim at an elm & running with a line of the same N89 1/2 E418 poles to a walnut & elm SE corner of said premption at C thence N1W133 1/3 poles to a stake at E thence S89 1/2 W 418 poles to a stake at F thence S? 308 133 1/3 poles to the beginning

William Latham ??CC"

• Land: Photos, Maps and docs re Land - Eviction of John Berry, et. al, 26 May 1816, , Clark, Kentucky, USA. ^{34 35 36 37}
Based on resarch by Bill Barry, it appears that the land associated with the eviction of John Berry, et al, is located just northwest of Exit 101 on I-64 in Clark County, KY.
If this is correct, the land is now occupied, in part, by Gerald Rogers. His title search records show that his land once belonged to RA Scobee, H.S. Judy, Gay, Spahr, all such names are associated with the eviction or it's aftermath. The attached photo shows the estimated location of the land, and documents associated with Charles Morgan's preemption of that 1000 acres.

• Land: Maps of land - Eviction of John Berry, et. al from Charles Morgan's preemption, 27 May 1816, , Clark, Kentucky, USA. ^{38 39}
Bill Barry was able to locate the survey land on a topo map by comparing the unique patterns of streams. The Stoner Fork of the Licking River flows into the center from the east, turns and flows out to the north. At the center the Little Stoner Creek joins the flow from the south, and Cabin Creek joins the flow from the southwest.

Bill also found the the land description in Charles Morgan's survery closely matched the description of the eviction survey:
"Here is the description for for both John Morgan's survey and the eviction survey:
NW) start at a Walnut, called A
SW) then go south to an Elm called B
SE) then East to a Black Walnut and Elm called C.
NE) D is 2 hicorys and a white oak in the original survey, but the eviction survey says the D marker has been destroyed. "


Taken together, the stream pattern in the maps and the survey descriptions leave little doubt that the land of the 1817 eviction case is the southern third of the Morgan preemtion of 1780.

• Land: Eviction of John Berry, et. al from Charles Morgan's 1780 preemption, 28 May 1816, , Clark, Kentucky, USA. ⁴⁰
LVA image 1 of 2
http://ajax.lva.lib.va.us/F/Y8R3KB14XV21QB1U1LFK4D66X5FJ3H687CH2XL4PEUFVTSDTXG-01887?func=full-set-set&set_number=007446&set_entry=000001&format=999
URL (Click on link) http://lvaimage.lib.va.us/cgi-bin/GetLONN.pl?first=706&last=&g_p=GO&collection=LO Grant
Title Morgan, Charles.
Publication 23 May 1785.
Other Format Available on microfilm. Virginia State Land Office. Grants A-Z, 1-124, reels 42-190; Virginia State Land Office. Grants 125- , reels 369-.
Note Location: Fayette County (Ky.).
Description: 1000 acres on Stoners (or Gists) fork of Licking Creek.
Source: Land Office Grants O, 1785, p. 706 (Reel 55).
Part of the index to the recorded copies of grants issued by the Virginia Land Office. The collection is housed in the Archives at the Library of Virginia.
Subject - Personal Morgan, Charles. grantee.
Subject - Topical Land titles. -- Registration and transfer -- Kentucky -- Fayette County.
Subject -Geographic Fayette County (Ky.) -- History -- 18th century.
Genre/Form Land grants -- Kentucky -- Fayette County.
Added Entry Virginia. Land Office. Register. Land grants, 1779-
Library of Virginia. Archives.

• Land: Eviction of John Berry, et. al from Charles Morgan's 1780 preemption, 29 May 1816, , Clark, Kentucky, USA. ⁴⁰
LVA image 2 of 2
http://ajax.lva.lib.va.us/F/Y8R3KB14XV21QB1U1LFK4D66X5FJ3H687CH2XL4PEUFVTSDTXG-01887?func=full-set-set&set_number=007446&set_entry=000001&format=999
URL (Click on link) http://lvaimage.lib.va.us/cgi-bin/GetLONN.pl?first=706&last=&g_p=GO&collection=LO Grant
Title Morgan, Charles.
Publication 23 May 1785.
Other Format Available on microfilm. Virginia State Land Office. Grants A-Z, 1-124, reels 42-190; Virginia State Land Office. Grants 125- , reels 369-.
Note Location: Fayette County (Ky.).
Description: 1000 acres on Stoners (or Gists) fork of Licking Creek.
Source: Land Office Grants O, 1785, p. 706 (Reel 55).
Part of the index to the recorded copies of grants issued by the Virginia Land Office. The collection is housed in the Archives at the Library of Virginia.
Subject - Personal Morgan, Charles. grantee.
Subject - Topical Land titles. -- Registration and transfer -- Kentucky -- Fayette County.
Subject -Geographic Fayette County (Ky.) -- History -- 18th century.
Genre/Form Land grants -- Kentucky -- Fayette County.
Added Entry Virginia. Land Office. Register. Land grants, 1779-
Library of Virginia. Archives.

• Land: Eviction of John Berry, et. al - Land-Office Treasury Warrant, No. 145 - Charles Morgan - 1780, 30 May 1816, , Clark, Kentucky, USA. ³⁵
Charles Morgan - 1780 - Land-Office Treasury Warrant, No. 145 - front - page 1 of 5

• Land: Eviction of John Berry, et. al - Land-Office Treasury Warrant, No. 145 - Charles Morgan - 1780 - back, 1 Jun 1816, , Clark, Kentucky, USA. ³⁵
Charles Morgan - 1780 Preemption - Land-Office Treasury Warrant, No. 145 - back - page 2 of 5

• Land: Eviction of John Berry, et. al - Land-Office Treasury Warrant, No. 145 - Charles Morgan - 1780, 2 Jun 1816, , Clark, Kentucky, USA. ³⁵
Charles Morgan - 1780 preemption - Survey description and map - front - page 3 of 5

• Land: Eviction of John Berry, et. al - Land-Office Treasury Warrant, No. 145 - Charles Morgan - 1780, 3 Jun 1816, , Clark, Kentucky, USA. ³⁵
Charles Morgan - 1780 preemption - Survey description and map - back - page 4 of 5

• Land: Eviction of John Berry, et. al - Land-Office Treasury Warrant, No. 145 - Charles Morgan - 1780, 4 Jun 1816, , Clark, Kentucky, USA. ³⁵
Charles Morgan - 1780 preemption - Survey description - page 5 of 5

• Land: Eviction of John Berry, et. al - Charles Morgan 1780 preemption Authorization, 5 Jun 1816, , Clark, Kentucky, USA. ⁴¹
Authorized: VA 2268.0* - page 1 of 4

• Land: Eviction of John Berry, et. al - Charles Morgan 1780 preemption Authorization, 6 Jun 1816, , Clark, Kentucky, USA. ⁴²
Authorized: VA 2268.0* - page 2 of 4

• Land: Eviction of John Berry, et. al - Charles Morgan 1780 preemption Authorization, 7 Jun 1816, , Clark, Kentucky, USA. ⁴³
Authorized: VA 2268.0* - page 3 of 4

• Land: Eviction of John Berry, et. al - Charles Morgan 1780 preemption Authorization, 8 Jun 1816, , Clark, Kentucky, USA. ⁴⁴
Authorized: VA 2268.0* - page 4 of 4

• Court: Eviction of John Berry, et. al, 28 Jul 1816, , Clark, Kentucky, USA.
"Mr John Berry Sir
you will please take notice that
on the 24th of August next I shall proceed to survey the
tract of land upon which you now live of 333 1/3 acres.
Daniel Morgan
July 28 1816
#177"

• Court: Eviction of John Berry, et. al - guilty, Sep 1816, , Clark, Kentucky, USA. ⁴⁵
"We the jury find the ______
guilty of the tresspass in Ejectment ___
the declaration mentioned and do
assess the plaintiffs damages to
one penny. Steven Dawson"

• Court: John Berry et al Eviction - Court Order - guilty, Sep 1816, Winchester, Clark, Kentucky, USA. ⁴⁶
[page] 149 September Term 1816. 2nd day
[unrelated material]
-----
John Den on demise of Simon Morgans Hs. Plt
against In Eject
John Berry & C defts
This day came the parties aforesaid by their attornies
and thereupon cam also a jury, towit, Steven Daw
son, James Maccorn, Henry Ralhaps, Charles B. Clarke
John Preston, JamesKeith, Francis Jackson, Nicholas
Aldridge, John Embree, John Rankins, Wharton B
Phelbert and James Keas, who being elected ????
and sworn the thruth to speak upon
the issue joined and having been heard the evidence
[continued on next page]
[page] 150 September Term 1816. 2nd day
upon their oaths do say "We the jury find the
defendants guilty of the trespass in enjectment in
the declaration mentioned and do assess the Plts
damage be one peny. Therefore it is considered
by the court that the plaintiff recover against
the defendants his term yet to come of in and
to the lands and tenements in the declaration
mentoned together with the damages aforesaid
by the jurors in their verdict aforesaid assessed
and also his costs by him about his suit in
this behalf expended and the sd defenddants may be
taken. ??
===========
[unrelated marerial for remainder of the page]

• Court: John Berry et al Eviction - Court Order - guilty, Sep 1816, Winchester, Clark, Kentucky, USA. ⁴⁷
[page] 149 September Term 1816. 2nd day
[unrelated material]
-----
John Den on demise of Simon Morgans Hs. Plt
against In Eject
John Berry & C defts
This day came the parties aforesaid by their attornies
and thereupon cam also a jury, towit, Steven Daw
son, James Maccorn, Henry Ralhaps, Charles B. Clarke
John Preston, JamesKeith, Francis Jackson, Nicholas
Aldridge, John Embree, John Rankins, Wharton B
Phelbert and James Keas, who being elected ????
and sworn the thruth to speak upon
the issue joined and having been heard the evidence
[continued on next page]
[page] 150 September Term 1816. 2nd day
upon their oaths do say "We the jury find the
defendants guilty of the trespass in enjectment in
the declaration mentioned and do assess the Plts
damage be one peny. Therefore it is considered
by the court that the plaintiff recover against
the defendants his term yet to come of in and
to the lands and tenements in the declaration
mentoned together with the damages aforesaid
by the jurors in their verdict aforesaid assessed
and also his costs by him about his suit in
this behalf expended and the sd defenddants may be
taken. ??
===========
[unrelated marerial for remainder of the page]

• Court: Tandy Bush v John Berry - Arrest Warrant, 10 Sep 1816, , Clark, Kentucky, USA. ⁴⁸
"The Commonwealth of Kentucky. To the Sheriff of Clark County: Greeting, We command you take John Berry if he is found in your balliwick so that you have his body before the Judge of our next Clark County Circuit Court at the courthouse thereof in Winchester on the first day of our ??? Sept term to answer unto Tandy Bush of a plea of covenant damage $150 ------------------------. And have then there this writ. Witness Samuel M. Taylor clerk of said court 10th day of Sept 1816 and in the 5th year of the commonwealth.

Signed Samuel M. Taylor "

• Court: Eviction of John Berry, et. al, Mar 1817, , Clark, Kentucky, USA. ⁴⁹




"Pursuant to an order from the honorable Clarke Circuit Court
at the September Term 1816, we John Ramsey, Cornelius
Skinner, Martin Haggard, Jesse Copher and Benjm J
Taul five of the Commissioners named in the said order
and being sworn before Tho. Wornall Esq a Justice of
the peace for Clarke County, proceeded on the 25th day
of February 1817, under the law concerning occupying clai-
mants to land ? to estimate the value of all lasting
and valuable improvements as certain ????. In an
action in Ejctment pendinng in the said court herin
John Den?? ????? of Simon Morgans Heairs are plain
tiffs agains John Berry ?? defendants, being attended
by James Patton for the Morgan heirs and by John Berry
and Philip Grimes for the part of the defendants.
We submit to the courth the following valuation.

Simon Morgans Heirs To John Berry ??.-----?
?$ cents
One Dwelling cabbin in which John Berry live
s32
One kitche
n 20
One smoke hous
e 8
Two corn crib
s 6
One Tobacco House and loggs for another ??
? 28
Clearing and fencing 27 acres of land at $10 per acre 270
>
360
Simon Morgans heirs credit by rent on 27 acrews of land from
September Court 1816 til March Court 1817 62 1/2 cents oer acre 16 87 1/2
Balance in favor of the occupyer on the farm John Berry lives on 347 12 1/2 "

• Court: Eviction of John Berry, et. al, Mar 1817, , Clark, Kentucky, USA. ⁵⁰ Filing information for Clark Circuit Court #177

• Court: Tandy Bush v John Berry, Mar 1817, , Clark, Kentucky, USA. ⁵¹
"Tandy Bush (for the use of William Berry) ???? complains of John Berry, deft, in custody & of a plea of covenant broken for that whereas on the 24th day of March, 1809 to wit at the circuit afd. the said deft. by
his certain deed in writing subscribed with his proper hand and sealed with the seal of the said deft and which is now here served to the court the date whereof is the same day and year afd. promised deed ______ to pay or cause to be paid unto the deft, his heirs or assigns one gelding not to older than seven years to be worth ninety-four dollars not considering the scarcity of money on or before the first day of April in the year 1810 next after the date of the said deed. Nevertheless the said deft although after requested to wit at his ______ place of residence on that day of and at _______other time, has not paid the debt one gelding not over seven years old worth $94.00 not considering the scarcity of money n or hath he paid the said deft a gelding of any other value as description( ?). On or before the 1st day of April 1810 next after the date of the sa id deed nor hath he ______ at any time since or in any way made any so rt of satisfaction therefore - so the said deft hath not kept and performed his said _____ but hath broken the ________ to the damage of the deft $ 150 and therefore he owes it. "

[Signature not legible]

• Bond: Eviction of John Berry, et. al, 29 Mar 1817, , Clark, Kentucky, USA. ⁵² "Know all men by these presents that we James Patton, and Mathew Thompson ?? of the county of Clark and the state of Kentucky now held and firmly bound unto John Berry in the sum of three hundred and forty seven Dollars and twelve and one half cents, for the payment of which sum well and truly to be made we bind ourselves, and our heirs jointly, severally and firmly by these presents--all subject to thes condition to wit: That whereas the heirs of Simon Morgan Deceased late in the Clark Circuit Court obtained a judgment in ejectment against the said John Berry and others--and whereas the said court appointed commissioners to value, and afix the amount of lasting and valuable improvements on the said land recovered as aforsaid ????? and reporte in favor of the said John Berry that he should recover of the said heirs the sum of $347.12 1/2 cents for his improvements made on that part of said land recovered from him--and wheras the said John Berry has agreed to take bond from the said James Patton with the said Mathew Thompson his security in liew of bond and security from said Morgan heirs the plaintiffs in ejectment now therefore of the said James Patton and Mathew Thompson shall well and truly pay the said John Berry one hald of the said sum of $347.12 1/2 cents in twelve months from this date, and the other half in twenty four monts from this date with legal interest on each sum from the dat untill paid then the above bond to be null and void, else to remain in full force and virtue ???? our hands did seal this 29th day of March 1817.
[Signed] James Patton
Executed in the
Presence of the court [signed] Matt Thompson
att M.H. Barnes D?"

• Court: Circuit Court Order - Eviction, 29 Mar 1817, Winchester, Clark, Kentucky, USA. ⁵³ Transcribed by Bill Barry
[continued from page 345]
"Know all men by these presents, that we James Patton
and Matthew Thomson are swiftly and severally bound
unto Philip Grimes Avary Grimes William Bell and Valinda
Bell his wife Reubin Lindsay and Polly his wife William

346

Pritchett and America his wife, John Grimes, James
Grimes, Julia Grimes, Jefferson Grimes, Eliza Grimes,
Mahala Grimes, Dulcinia Grimes and William Grimes
heirs of Avory Grimes decd. in the penal sum of one
thousand dollars, for the payment of which sum
well and truly to be made we bind ourselves our
heirs &.c jointly, severally and finally by these presents
The condition of the above obligation is such,
that whereas the heirs of Simon Morgan decd late
in the Clarke Circuit Court recovered a judgement in
ejectment against the said parties of the second part
and others for certain lands in contest between them,
and whereas the said court appointed commssioners
under the act of assembly in that case made and
provided to assess and report the amount of lasting
and valuable improvements made on said land by
the said Morgans heirs recovered from the said parties of the
second part as aforesaid, and whereas the said
commissioners did value and assess the improvements
made on the land so recovered from the parties
of the second part to the sum of six hundred
and seventy six dollars and sixty eight and one half
cents, and they having agreed to take bond for
the same from said James Patton with the said
Matthew Thomson his security in lieu of bond and
security from the said Morgans heirs the Plaintiffs
aforesaid Now therefore if the said James Patton
and Matthew Thomson or either of them shall
well and truly pay one half of said sum to said
parties of the second part in one year from this
date with legal interest from the date hereof until paid
and the other half in two years from the above obligation
to be null and void, else to remain in full force and
virtue Witness our hands and seals this 29th day

[continued on page 347]
347
of March 1817 James Patton L.S. Matt. Thomson L.S.
executed in the presence of the Court Teste Jno. H. Barnes D.C.

• Court: Circuit Court Order - Eviction, 29 Mar 1817, Winchester, Clark, Kentucky, USA. ⁵⁴ Transcription by Bill Barry:
[continued from page 342]
page 343
one small house 8. 00
two corn cribs 6. 00
One Tobacco house and logs for another pen 28. 00
Clearing and fencing 27 acres of land at $10 per acre 270. 00
------------
364.00

Simon Morgan's Credit
By rent on 27 acres of land from September Court
1816 till March Court 1817 at 62 1/2 cents per acre 16.87 1/2
-------------
Balance in favor of the occupyer on the farm John Berry lives on $347.12 1/2

Simon Morgan Heirs to John Berry &.c Dr?
$
One dwelling cabbin in which Charles Boggs lives 10.00
clearing and fencing 17 acres of land at $6.50 per acre 110.50

Simon Morgans Heirs Credit
By rent on 17 acres of land from September Court
1816 till March Court 1817 at 37 1/2 cents per acre 6.37 1/2
--------------
Balance in favor of the occupyer on the farm Charles
Boggs lives on $114.12 1/2

Simon Morgan Heirs, To John Berry &.c Dr?
$
One dwelling cabin in which Philip Grimes lives 40.00
One kitchen 6.00
One smoke house 16.00
One barn 18.00
Corn Cribs 3.00
old house 3.00
double cabbin Wood lives in 7.00
stable and crib 3.00
clearing and fencing 40 1/2 acres of land at $11.50 per acre 465.75
fencing and part cleared 15 3/4 acres of pasture at $2 per acre 31.50
-----------
593.25


Simon Morgan Heirs Credit
By rent on 40 1/2 acres plow land from September Court
1816 till March Court 1817 at 75 cents per acre 30.37 1/2
& w 15 3/4 acres of pasture for the same time at 2 cents per acre .31 1/2
----------
30.69
Balance in favor of the occupyer on the farm
Philip Grimes lives on $562.56

[continued on page 344]
344 March Term 1817

Waste and damage none shown to us
Total amount in favor of the occupants $1023.81

333 1/3 acres of land valued at woodland in
a state of nature at $12 per acre $4000.00

Given under our hands and seals this 25 day
of February 1817. Jesse Copher L.s. Cornelius
Skinner L.s Martin Haggard L.s. John Ramsey L.s
Benjamin J. Taul L.s.

• Court: Circuit Court Order - Eviction, 29 Mar 1817, Winchester, Clark, Kentucky, USA. ⁵⁵ Transcript by Bill Barry
[continued from page 343]
344 March Term 1817

Waste and damage none shown to us
Total amount in favor of the occupants $1023.81

333 1/3 acres of land valued at woodland in
a state of nature at $12 per acre $4000.00

Given under our hands and seals this 25 day
of February 1817. Jesse Copher L.s. Cornelius
Skinner L.s Martin Haggard L.s. John Ramsey L.s
Benjamin J. Taul L.s.

Cost of making the foregoing valuation, surveying
and making out three reports
$
John Ramsey attending one day as commissioner 2.00
Cornelius Skinner one ditto 2.00
Martin Haggard one ditto 2.00
Jesse Copher one ditto 2.00
Benjamin J. Taul one ditto 2.00
ditto for making one original report and
two copies required by law 2.00
measuring 957 poles a 1 cent for every 3 poles 3.19
making out one plat of each of the two farms 3.
----------
$18.19

Benjamin J. Taul, John Ramsey, Jesse Copher, Martin
Haggard, Cornelius Skinner
Ordered that the Defendant pays to the commissioners aforesaid
their several claims above charged which is allowed by the court
And by consent of the parties a bond was executed and
acknowledged in open court by James Patton and Matthew
Thomson his security to the defendant John Berry
for the amount found due him by said report.
and also a bond to the defendant Philip Grimes &
heirs of Avary Grimes decd. for the balance of found due
then by said report, which bonds are to have the
same effect as if executed by the lessors of the Plaintiff
and it is also agreed that the clerk shall tax the costs
of the Plaintiff herin and enter a credit for the amount
thereof on the said bonds or one of them which
bonds are ordered to be recorded and are in the words
and figures following towit "Know all men

[continued on page 345]
345
by these presents, that we James Patton and Matthew Thomson
of the county of Clarke and state of Kentucky are held and
firmly bound unto John Berry in the sum of three hundred
and forty seven dollars and twelve and one half cents,
for the payment of which sum well and truly to be
made, we bind ourselves and our heirs, jointly severally
and firmly by these presents but subject to this condition
towit, that whereas the heirs of Simon Morgan deceased
late in the Clarke Circuit Court obtained a judgement
in ejection against the said John Berry and others,
and whereas the said court appointed commissioners
to value and assess the amount of lasting and
valuable improvements on said land recoverd as
aforesaid who assessed and reported in favor of the
said John Berry, that he should recover of the said heirs
the sum of $347.12 1/2 cents for his improvements made
on that part of said land recovered from him
and whereas the said John Berry has agreed to take
bond from the said James Patton with the said Matthew
Thomson his security in lieu of bond and security from
said Morgans heirs the Plaintiffs in Ejectment now
therefore if the said James Patton and Matthew Thomson
shall well and truly pay the said John Berry one half
of the said sum of $347.12 1/2 cents in twelve months
from this date, and the other half in twenty four
months from this date until paid, then the above bond
to be null and void, else to remain in full force
and virtue; witness our hands and seals this 29th day
of March 1817. James Patton L.S. Matt. Thomson L.S .
executed in the presence of the Court att. Jno. H. Barnes D.C.
"Know all men by these presents, that we James Patton
and Matthew Thomson are swiftly and severally bound
unto Philip Grimes Avary Grimes William Bell and Valinda
Bell his wife Reubin Lindsay and Polly his wife William

• Court: Circuit Court Order - Eviction, 29 Mar 1817, Winchester, Clark, Kentucky, USA. ⁵⁶ Transcription by Bill Barry:
342 March Term 1817
[skip case at top of page]

John Den on the demise of Simon Morgan Heirs plaintiff
against in ejectment
John Berry &.c Defendants
The commissioners heretofore appointed herein to estimate
the value of improvements &.c this day returned their report
which is confirmed and ordered to be recorded, and is
in the words and figures following towit, "Pursuant to
an order from the honorable Clarke Circuit Court at
the September term 1816, we John Ramsey, Cornelius
Skinner, Martin Haggard, Jesse Copher and Benjamin
J. Taul five of the commissioners named in the said
order, and being sworn before Thomas Warnale esqr
a justice of the peace for Clarke County proceeded on
the 25th day of February 1817, under the law concerning
occupying claimants to land &.c to estimate the value of
all lasting and valuable improvements, ascertain
rents &.c in our action in Ejectment depending in the
said court wherein John Den on demise of Simon Morgans
heirs are plaintiffs against John Berry &.c Defendants
being attended by James Patton for Morgans heirs and
by John Berry and Philip Grimes on the part of the
Defendants, we submit to the court the following valuation
Simon Morgan Heirs, to John Berry &.c Dr? $ Cents
One dwelling cabbin in which John Berry lives 32. 00
One kitchen 20. 00

[continured on p 343]

page 343
one small house 8. 00
two corn cribs 6. 00
One Tobacco house and logs for another pen 28. 00
Clearing and fencing 27 acres of land at $10 per acre 270. 00
------------
364.00

Simon Morgan's Credit
By rent on 27 acres of land from September Court
1816 till March Court 1817 at 62 1/2 cents per acre 16.87 1/2
-------------
Balance in favor of the occupyer on the farm John Berry lives on $347.12 1/2

• Court: Circuit Court Order - Eviction, 29 Mar 1817, Winchester, Clark, Kentucky, USA. ⁵⁷ Transcribed by Bill Barry
[continued from page 344]

Benjamin J. Taul, John Ramsey, Jesse Copher, Martin
Haggard, Cornelius Skinner
Ordered that the Defendant pays to the commissioners aforesaid
their several claims above charged which is allowed by the court
And by consent of the parties a bond was executed and
acknowledged in open court by James Patton and Matthew
Thomson his security to the defendant John Berry
for the amount found due him by said report.
and also a bond to the defendant Philip Grimes &
heirs of Avary Grimes decd. for the balance of found due
then by said report, which bonds are to have the
same effect as if executed by the lessors of the Plaintiff
and it is also agreed that the clerk shall tax the costs
of the Plaintiff herin and enter a credit for the amount
thereof on the said bonds or one of them which
bonds are ordered to be recorded and are in the words
and figures following towit "Know all men

345
by these presents, that we James Patton and Matthew Thomson
of the county of Clarke and state of Kentucky are held and
firmly bound unto John Berry in the sum of three hundred
and forty seven dollars and twelve and one half cents,
for the payment of which sum well and truly to be
made, we bind ourselves and our heirs, jointly severally
and firmly by these presents but subject to this condition
towit, that whereas the heirs of Simon Morgan deceased
late in the Clarke Circuit Court obtained a judgement
in ejection against the said John Berry and others,
and whereas the said court appointed commissioners
to value and assess the amount of lasting and
valuable improvements on said land recoverd as
aforesaid who assessed and reported in favor of the
said John Berry, that he should recover of the said heirs
the sum of $347.12 1/2 cents for his improvements made
on that part of said land recovered from him
and whereas the said John Berry has agreed to take
bond from the said James Patton with the said Matthew
Thomson his security in lieu of bond and security from
said Morgans heirs the Plaintiffs in Ejectment now
therefore if the said James Patton and Matthew Thomson
shall well and truly pay the said John Berry one half
of the said sum of $347.12 1/2 cents in twelve months
from this date, and the other half in twenty four
months from this date until paid, then the above bond
to be null and void, else to remain in full force
and virtue; witness our hands and seals this 29th day
of March 1817. James Patton L.S. Matt. Thomson L.S .
executed in the presence of the Court att. Jno. H. Barnes D.C.
"Know all men by these presents, that we James Patton
and Matthew Thomson are swiftly and severally bound
unto Philip Grimes Avary Grimes William Bell and Valinda
Bell his wife Reubin Lindsay and Polly his wife William

Continued on page 346]
346

Pritchett and America his wife, John Grimes, James
Grimes, Julia Grimes, Jefferson Grimes, Eliza Grimes,
Mahala Grimes, Dulcinia Grimes and William Grimes
heirs of Avory Grimes decd. in the penal sum of one
thousand dollars, for the payment of which sum
well and truly to be made we bind ourselves our
heirs &.c jointly, severally and finally by these presents
The condition of the above obligation is such,
that whereas the heirs of Simon Morgan decd late
in the Clarke Circuit Court recovered a judgement in
ejectment against the said parties of the second part
and others for certain lands in contest between them,
and whereas the said court appointed commssioners
under the act of assembly in that case made and
provided to assess and report the amount of lasting
and valuable improvements made on said land by
the said Morgans heirs recovered from the said parties of the
second part as aforesaid, and whereas the said
commissioners did value and assess the improvements
made on the land so recovered from the parties
of the second part to the sum of six hundred
and seventy six dollars and sixty eight and one half
cents, and they having agreed to take bond for
the same from said James Patton with the said
Matthew Thomson his security in lieu of bond and
security from the said Morgans heirs the Plaintiffs
aforesaid Now therefore if the said James Patton
and Matthew Thomson or either of them shall
well and truly pay one half of said sum to said
parties of the second part in one year from this
date with legal interest from the date hereof until paid
and the other half in two years from the above obligation
to be null and void, else to remain in full force and
virtue Witness our hands and seals this 29th day

• Court: Circuit Court Order - Eviction, 29 Mar 1817, Winchester, Clark, Kentucky, USA. ⁵⁸ Transcribed by Bill Barry
[continued from page 346]
347
of March 1817 James Patton L.S. Matt. Thomson L.S.
executed in the presence of the Court Teste Jno. H. Barnes D.C.

John Den on the demise of John Stevenson Plt.
against In Ejectment
Thornton Mills &.c Defts.

This day came the parties aforesaid by their attorneys, and there
upon came a jury, towit, Joseph Gatewood, Elijah Harris, Jesse
Hampton, John Berry, Philip Grimes, Spencer Adams, William Hampton,
Ephraim Whitesides, Stephen J. WInn, Ambrose Bruce, David Merry and
Silas Evans who being elected tried and sworn to the truth to speak
upon the issue joined and having heard the evidence returned there
verdict in the words and figures following towit, "we of the jury find
the Defendants guilty of the trespass and ejectment in the Declaration
mentioned, and assess the plaintiffs damage to one penny, signed
Spencer Adams foreman Therefore it is considered
by the Court that the plaintiff recover of the said
Defendants his term yet to come of in and to the
lands and messuages with their appurtenances in
the declaration mentioned, together with the damages
aforesaid by the jurors in their verdict aforesaid
assessed, and also his costs by him about his suit
in this behalf expended, and the said Defendants
may be taken &.c
-----
Ordered that a summons issue against William
R. Massie to cause him to appear on the first day
of the next June term to answer for a contempt
offens by him to the court in not attending as
a Petit juror when summoned, returnable
here &.c

• Medical: John Berry's medical expense, Apr 1817, , Clark, Kentucky, USA. ⁵⁹ [James Grimes pays for medical care for John Berry]
"April John Berry To S. D. Martin
1817 visit for night medicine attendance. $2.00"

• Court: Circuit Court Order - Eviction, 2 Apr 1817, Winchester, Clark, Kentucky, USA. ⁶⁰ Transcribed by Bill Barry
399
Jno Den on the demise of Simon Morgans Heirs Plt
agt in Ejt
John Berry &.c
It is agreed by the parties that the
bonds executed herein by James Patton with
Matthew Thomson his security to Grimes's
Heirs includes an amount of all the improvements
valued by the commissioners herein
accept Jno Berry's improvements, and by consent
so much of of the former order as directs an
offset of the costs of the suit in ejectment
is rescinded, and the plaintiffs agrees to stay
Execution for the costs aforesaid for one year

Ordered that court be adjourned
until tomorrow Morning nin O'clock
Jas Clark


Wednesday April the 2nd 1817
Court Met according to Adjournment
Present the honorable James Clark esq
...
some other case

• Death: John Berry's burial expense, 16 Apr 1817, , Clark, Kentucky, USA. ⁸ "April the 16th 1817
Received of James Grimes
$ ten Dollars for making a coffin
for Mr Berry James Gra?????
at ??? R??"

• Court: Bush v Berry abated (John died), Jun 1817, , Clark, Kentucky, USA.
p 490 June term 1817
Tandy Bush Plt }
against } In covnts
John Berry Deft }
On the motion of the plaintiffs it is
ordered by the court that this suit abate by reason of the
defendants death- and on the further motion of the plaintiff
leave is given him to withdraw the note filed in this suit

• Death: John Berry's burial expense, 28 Jul 1817, , Clark, Kentucky, USA. ⁶¹ "July the 28th ??17
Recevd of Jas Grimes five dollars
for fixing for burying Jno Bery ????
and the like for his Burying Clothes ?
attendance J?????"

• Probate: John Berry Estate Admin Robert Scobee, Bef Aug 1817, , Clark, Kentucky, USA. ⁶²
"Admin is granted Robert Schobee on the
este of Jno Berry Decd who made oath ????
as the laws assert giving set with
Archibald Steel in penalty of $500 conditioned
according to law"

• Probate: John Berry estate appraisers named, Bef Aug 1817, , Clark, Kentucky, USA. ⁶³
"Order that Benj J Taul, Robt Campbell
James Patton and Cornelius Skinner or
any 3 of them being just sworn do appraise
in current money the slaves (if any)
and personal estate of John Berry dec and make rept ??."

• Court: Bush v Berry, Mar 1818, , Clark, Kentucky, USA. ⁶⁴
p 283 March term 1818 6th day
Tandy Bush Plt }
against } In debt
John Berry Dedft }
This day came the plaintiffs by his attorneys
and on his motion leave is given him to
withderaw the writing declared in this suit
upon his leaving a certified copy there of among
the papers

• Probate: John Berry estate appraisal report, Jan 1819, , Clark, Kentucky, USA. ⁶⁵
"Robert Scobee administrator of the estate of John Berry deceased
to the estate of the said deceased….Dr
Money received of James Patton being pr??
Of a bond for $347.12 ½ on James Patton and Mathew Thompson
sum for ??? for $181-97 ½ improvements including interest the
balance of thee above bond in $193.56 ½ with interest from the
29^th day of March 1817 till ____ due on the 29^th day of March 1819.
The estate of John Berry dec to Robt Scobee admn Dr.
Paid Samuel M Taylor for ___ ___ (No1) …………………………... $2.26 ½
" James P Bullocks do for admn No2 ………………….………….. .88
" ____ Ramsey cost for attendance No3………………………….… 2.00
" paid note ___ to Tho ____ Admn Jacob Armstrong dec No4……. 18.18
" balance of a note for 30 bushells of grain No5 ………………… . 16.87
" John Berry and Peter Berrys note to Robert Scobee for 21.66
due 16^th Dec 1813 one years interest only charged No6……..….. 23.00
" paid part of comm.????? Ex[emse fpr ? improvements……..………. 4.66
" allowance to the administrator for ___ $181-97 ½ ………………. 3.00
" for going to Lexington to commence a ___ ………………………… 3.00
" going to James Grimes in Fayette to demand property……… ……… 3.00
" Expenses of settling the above accounts ……………………………. 4.00

$ 88.77

Commonwealth of Kentucky Clarke County Ct.
Mr. Benjm J. Jane (this could be June or Tune) and Robert Campbell do certify that we have this day settled with Robt Scobee administrator of John Berry deceased as far as produced before us and find agreeable to the above account the balance of the deceased estate has not yet come into the hands of this administrator and cannot at present be accounted for given under out hands this 25^th day of November 1818.
SignedBenjm J Jane
Robert Campbell
At a court held for Clarke County 25^th January 1819 this settlement with the administrator of John Berry deceased was produced in court approved and ordered to be recorded.
TesteJames P Bulloch CCC
Examined."

• Probate: John Berry estate appraisal report, Jan 1819, , Clark, Kentucky, USA. ⁶⁶
"Settlement with Robt Scobee adm of the este
of John Berry decd rec app & or R."

• Court: Grimes vs John Berry's admin, 23 Aug 1819, , Fayette, Kentucky, USA. ⁶⁷
Benjamin Grimes Vs John Berry
Adm; 8-23-1819 Fay Co Circuit Court
Box 481 2 debts
1) $110 below (referring to content of my Note 16:)
2) 18 pounds 15 shillings 9-17-1810

• Probate: John Berry's burial, 26 Jun 1820, , Clark, Kentucky, USA. ⁶⁸
"I admit that Mr James Grimes furnished
the coffin, for the decd, John Berry.
June the 26th 1820. Robert Scobee Adm
of John Berry--Decd

Clark Co Ky Circuit Court Recorder #221"

• Probate: John Berry estate settlement, Jan-Apr 1821, , Clark, Kentucky, USA. ⁶⁹
"Berrys Admn Robert Scobee Administator of John Berry
Settlement. decd... ??
O 1818 September 25th, Balance on Settlements $93.20
The estate of John Berry, Decd, To Robert Scobee, Admin. ?
Sept 1st, 1819. Paid Tandy Bush note No1...... .$94.00
Samuel M Taylor feebill (No 2)..... 1.34
James P. Bullock do -- 3...... . .93
Charles Moenson witness 4...... 2.78
Serriff fee bill... ..5........ 4.00
Martin Haggard a witness 6........... 2.72
Sherriff fee bill ...... 7......... .42
Robert Scobee admin amount ..8..... 12.00
for services........... $114.45
.............................. 93.20
amount in the hands of R ...... .$21.25
Scobee Admt
Balance in favor
of Robt Scobee Admt
Commonwealth of Kentucky, Clarke County ??? persuant to an order of the Clarke County Court at January Court 1821. We Benjm I. June and John G Stuart have settled all accounts with Robt Scobee administrator of John Berry decd so far as produced before us and finds a balance in favor of the administrator aforsaid of $21.25 more than his gone into his hands given under our hands this 26th March 1821.
Signatures legible in part Benjm I June (Jane?)
John G. Stuart

Clarke County April Court 1821
This settlement with Robt Scobee as administrator of the Estate of John Berry decd was produced approved and orderd to be recorded. Teste
Examine
dJames M. Bullock CCC"

• Court: prenuptual agreement re Mary (Grimes) Berry's marriage to James H Cravens, 13 Sep 1828, , Fayette, Kentucky, USA.
[The following Court records were found in Fayette County, KY:
Presented here as further proof of the mother/son relationship between James Grimes Berry and Mary/Polly (Grimes)(Berry) Cravens.]

Whereas there is a marriage shortly intended to be solemn in heaven betwe en James H. Craven of the County Of Jessamine and ???? Berry, the widow of John Berry ??? late Polly Grimes Berry ??? Whereas the so Polly Berry wishing to secure to her children and Heirs her estate to which she now has title, real, personal ?? at her ?? death. Now therefore, this indenture made this 13th day of September 1828 between the said James H Craven of the County of Jessamine of the first part and Polly ? of the County of Fayette of the second part and James Grimes ? ? County all of the State of Kentucky of the third part.? that more effectively to secure to the heirs of said ? now living, at her death said estate now proposed by her agreed, and for that purpose the said Polly doth hereby con-? unto the said James Grimes in trust for her children as said, all her estate real, personal and mixed. In consideration whereof, and for the further consideration of one dollar have paid to the said Polly by the said James Grimes receipt whereof is hereby acknowledged, have granted, gained and ? sold, and by these persons do grant, gain and sell unto the said James Grimes heirs ? in ? as aforesaid all her said estate real, personal and mixed, amount which are the following slaves to wit: one Negro girl named Tenah and Negro boy named Jonathon ? ? of said female slave. To have a nd to hold said ? unto him the said James Grimes ????? till the death of the said Polly and then to her said heirs ?? equally divided among them, which the said James H Craven covenants on his part shall be done, and the said Polly ? on her part, that she will not for herself or heirs claim ? to or have any of the estate of said James H Craven, if she survive him the said James, but do agree that said estate descend wholly to his said James children. In testimony whereof we have hereunto set our hands and seals th? and date above written.

James H Craven
Mary Berry
James Grimes

But it is hereby understood between the parties, that the ? Hereby conveyed is to be and remain in the possession of ? H Craven and said Polly Berry after their marriage ? lifetime of said Polly, then to go in trust as herein ? ? our hands seals the date above.

James H Craven
Mary Berry
James Grimes

Commonwealth of Kentucky Fayette County Court:

I James C Rodes clerk of the County Court for the ? do certify that this writing was this day produced to me ? office and acknowledged by James H Craven, Mary ? James Grimes, Jun. Parties thereto, to be their act and the purposes therein contained , and ordered to be ? which is truly done. Given under my hand this 13th September 1828.

J. C. Rodes, Clerk

• Deed: James G Berry - land sale, 2 Feb 1834, , Fayette, Kentucky, USA. ⁷⁰
Deed to sell James G Berry's interest in land that was inherited from his grandfather James Grimes who died in 1828. The document sets forth, not only the sale of the land, but more importantly, provides documentation that James G Berry was the son of Mary (Grimes, Berry) Cravens. Although the document incorrectly identifies Mary's first husband, and James father, as John Berryman, othe documentation makes clear the his name should be Berry.

• Biography: Carol Terpening's summary, 2005, , Clark, Kentucky, USA. ⁷¹
GENERATION VI BERRY
JOHN C. BERRY 1785-6--1818
Husband of Mary 'Polly' Grimes
Father of James Grimes Berry
Parents unknown

Little is known about John C. Berry. He was born 1785-6 and married Mary 'Polly' Grimes Sept. 2, 1808. Their marriage was in Fayette Co., Ky. and to this marriage five children were born: Willaim Bryan, 1809; James Grimes, 1811; Jesse Wileoxen, 1813; Sally Bryan, 1815; and John Calvin, 1817. He died before Mar. 11, 1818, leaving his wife with the child-ren, their ages ranging between seven & less than a year. (1)

The name Berry appeared in the colonies at a very early date. For example, in New Jersey about 1672, "While Governor Carteret was in England, John Berry Deputy-Governor notified settlers to take out land patents (and become rent payers) other wise they would lose the benefits of the lords proprietors' favor and forfeit such land as they were settled upon." (2)

The following quotation indicates that a century later the Berry's were well established in the colonies: (3)
"John Berry and Jane Campbell lived on the banks of the
Holston River, of western Virginia. This place
afterwards known as Berry's Iron Works. John was
connected with a large family and possessed remarkable
physical strength. He was a Presbyterian and a ruling
elder in the church. He died at an early age leaving
his wife to rear their eight children. Jane came from
the extensive Campbell family of eastern Virginia and
was related to Colonel Campbell of King Mountain fame.
She lived to be over ninety and saw her children take
respectable positions in society. Of the eight children
each first born was a son and was named John Berry
or John Berry , depending if a Grandson or
Granddaughter of John and Jane. This carried on the
family name of Berry. (4)"

From these articles and from Wiley Berry's remembrances of family history we believe John C. Berry's ancestors came from England, settling first in Virginia and then Kentucky.
(1) See John C. Berry ancestor chart p.___ (end of book)
(2) A.N. Chandler, Land Title Origins, P 341. Parenthesis added.
(3) As stated this is to establish the Berry name. We know Jane and John had one daughter, Jane Campbell Berry McFerrin (named for her mother). She was born 1786, their youngest child. She married Mr. McFerrin 1804. If she was relation to our ancestor, John C. Berry, there has been no connection established. He was born 1785-6, thus he was a year older than her or the same age. (brother, twin, cousin, or distant relative, ???.)
(4) This article rewritten by Carole Berry Terpening from O.P. Fitzgerald (editor of Christian Advocate) John B. McFerrin a Biography, Publishing House of M.E. Church South, Nashville, 1898, (Secured by Joseph Ducan from Newberry Library, Chicago). For your own understanding Russell has the exert from this Biography in The Berry Tree in Craven's County.


Family Ancestor Chart * p.___
by Carole Terpening
GENERATION VIGRIMES
MARY 'POLLY' GRIMES1788-?

Wife of John C. Berry
Mother of James Grimes Berry
Daugh. of James Grimes Sr. & Sarah Bryan

Mary 'Polly' Grimes was the wife of John C. Berry. She was born Jan 5, 1788 in Fayette Co. Ky., the daughter of James Grimes Sr. and Sarah Bryan. She married John, Sept 2, 1808. They raised 5 children, 4 boys, William Bryan (c.1807), James Grimes (1811), Jessie Wileoxen (c.1813), John Calvin (c.1817), and 1 girl, Sally Bryan (c.1815). Their 2nd child, James-Grimes, our great-great grandfather. (1)

Mary came from a large family, 4 boys--Lewis, John, James Jr. and William, and 7 sisters--Elizabeth, Pheba, Pameilia, Malinda, Sary, Nancy, and Caratine. (2)

Her father died right after he made his will on June 6, 1828. His will stated that Mary's portion of his estate would be 100 acres of land near Boonesborough road, the home of widow Brown and two negroes, Tenah and Johnathan. She left Fayette Co. Ky a few years after her father's death. (3)

After her first husband's death (1818). Mary was married a 2nd time ( Sept. 13, 1828) to James H Craven. To them her sixth child, James L. Craven, was born (1829). (4)

James Craven and Mary 'Polly' Berry left Kentucky and moved to Greene Co. IL in 1834 and bought their first 40 acres of Public Domain land. The next year they purchased two 80 acre tracts, one as James H. Craven and the other as James H. Cravens. (5)

In 1835, she and James sold the last three slaves to be sold in Greene Co. They sold them to her son James Grimes Berry, her grandson John C. Berry and one other. The slaves were Jonathan 15, Tenner 18 and her child Margaret, 2. The slaves were still in Kentucky with her bother Lewis. Mary signed the bill of sale with an X in Dec. of 1835. (6)

Mary was related to Daniel Boone and William Jennings Bryan, more of that on p.__ &__ . If she came to Greene Co. because some of her brothers, or uncles or James Carven's family were already here, is not known. There were Grimes and Cravens in both Greene and Jersey Co. but they have not been directly linked to Mary's family.

It is not known where Mary died. James is buried in Admire-Anderson Cemetery, Woodville twp., Greene Co., IL but her grave isn't found there.

c stands for Calculation
(1) There may have been more, but none found in records. Taken from Genealogy Chart---Russell Berry
(2) Spelled as spelled in James Grimes Will
(3) Taken from copy of James Grimes' will
(4) Patricia Craven (1988)--copied from Armon Craven Descendants, compiled by Newman A. Hall.
(5) The Berry Tree in Craven's Co. P. 12
(6) Berry, James Grimes, History of Jersey Co. P. ?89 p. 289 -- By Russell L. Berry----Greenfield Argus, March 9, 1923, Greene Co. Deeds & Records, p. 540. X-Dec. 1835-recorded, May 9, 1836 Greenfield Argus

John married Mary Grimes, daughter of James Grimes, Sr. and Sarah Bryan, on 2 Sep 1808 in , Fayette, Kentucky, USA.¹ (Mary Grimes was born in 1788 in , Fayette, Kentucky, USA,^{72 73 74} died after 1856 ⁷⁵ and was buried after 1856 ⁷⁵.)

  Noted events in their marriage were:

• Marriage Consent: James Grimes consent, 29 Aug 1808, , Fayette, Kentucky, USA. ⁷⁶ "This is to certify that I have no objection
against John Berry marrying my daughter
Polly Grimes given under my hand and seal this
twenty ninth day of august 1808
don in the presence of
Gibson Thomson, Green B Walker
[signed] James Grimes"

• Marriage Bond: John Berry and bondsman Greenberry Walker, 2 Sep 1808, , Fayette, Kentucky, USA. ⁷⁷ "Know all men by these presents that we, John Berry & Greenberry Walker now held and firmly bound to pay Charles Scott Esq Govenor of Kentucky for the time being & his sucessors in office the just sum of fifty pounds, current money of said state to which payment will and truley be made we and each of us bind ourselves our heirs [?] jointly and severally formaly by these presents seal and dating ths 2nd day of Septembe 1808. The condition of the above obligation is such that wheras there is a marriage intended shortly to be solomized betwee the above bound John Berry and Polly Grimes now if this state be no lawfull cause to obstrct said marriage then the above obligation to be void else to remain in full force and virtue.
signed John Berry
Green B Walker (seal)"

• Marriage Oath: Greenberry Walker, 2 Sep 1808, , Fayette, Kentucky, USA. ⁷⁸ "Cocent of parent proved by the oath of
Greenberry Walker Sep 2nd 1808
att ????? clk"