Make your own free website on Tripod.com

PERRY DOCUMENTS

From Will book B, pp. 119-120 From Will book B, Franklin County, NC: Burrell Perry, of Franklin county NC, being weak in body but through Mercy of sound mind, etc.,……..I do commit my soul unto God who gave it me …. Burial in a decent manner … I give, deliver and bequeath in the following manner

    Item: I give the use of my plantation where I now live with all my lands lying on the west side of Tarr River to my beloved wife, Elizabeth, during her natural life & after her death my will and desire is that my son, Joshua Perry, and my two daughters,Edith & Mary, should use, possess & enjoy in common the above lands & plantation during the time my daughters aforesaid remain unmarried provided nevertheless that my daughters aforesaid shall not be allowed the privilege of working my hands on the land afsd except those of their own property provided my daughters afsd should be married at the time of my wife’s death or in case they should not …. to her upon the land afsd then & in (if) either of them (dies?), I give & bequeath the afsd land & plantation to my son, Joshua Perry, & his heirs Item: I give & bequeath unto my beloved wife, Elizabeth, four negroes, to wit, Hannah, Pete, Barb & Briatin to her & her heirs forever Item: I give to my daughter, Edith Perry, during her natural life, the labour of my four negroes with their increase from the date hereof (Viz.) Luck, Dick, Adam & Isom, & at her death I give & bequeath the afsd negroes with their increase (if any ) to the heirs begotten of her body for ever but for want of such heirs my will and desire is that the afsd negroes with their increase should be equally divided between my five children to wit, Jeremiah, John, Burrell, Joshua & Mary Perry. I also give to my afsd daughter, Edith, one gray Optamus mare bridle & saddle, one feather bed & furniture and two cows and calves Item: I give & bequeath unto my son, Burrell Perry, all my lands which I purchased of William Jeffreys lying in the county of Wake & on both sides of Nuse river to him & his heirs forever also four negroes ( Viz.) Sam, Step (looks like),Harry & Julia also my gray Optamus horse bridle & saddle one …. Mare & colt, one yoke of oxen, three cows & calves & three ..three young cattle also one negro boy named Dred to him & his heirs forever Item: My will & desire is that the crop which I have now at Nuse & the crop made where I now live be used in common for fattening the hogs both here and there & the surplus to be used for the support of the stock at each plantation respectively (.) the hogs when fattened I desire may be sold & the purchase money divided between my two sons, Burrell & Joshua, in such manner as that my son Joshua may have two thirds and my son, Burrell, one. Item: I give and bequeath to my son, Joshua Perry, all my lands on the west side of Tarr River in the County of Franklin also the following negroes ( to wit ) Cesar { could be Casse }, Tart, old Lewis, Jenny, young Lewis, Jake, Bede, Tarr {or Tann}, & Lale {or Lew} also one two year old sorrell colt, one bridle & saddle, one sorrell mare called Paul {Perl?}, one yoke of oxen, three cows & calves & three other young cattle one ox cart & feather bed & furniture to him & his heirs forever Item: I give & bequeath unto my daughter, Mary Perry, during her natural life the labour of my four negroes Viz., Violet, Sarah, Adam & Hard and at her death I give & bequeath the afsd negroes to the heirs begotten of her body for ever but { for lack of heirs}) my will & desire is that the negroes should be equally divided between my five children, Jeremiah, John, Burrell, Joshua & Edith Perry. I also give unto my daughter afsd called Mark {must have intended Mary} one saddle & bridle, one feather bed & furniture & two cows & calves Item: my will and desire is that all my lands in the state of Georgia be sold at the discretion of my executors hereafter named & the purchase money to be equally divided between my four sons (Viz.)Jeremiah, John, Burrell & Joshua Perry Item: the remainder of my estate both real and personal that I have not already disposed of I give to my beloved wife, Elizabeth, to dispose of at her discretion.
Lastly, I appoint my sons, Jeremiah, John, Burrell & Joshua Perry, my whole and sole executors of this my last will & testament utterly revoking & disanuling all other wills heretofore made. In witness whereof I have hereunto set my hand & affixed my seal this fifth day of November Anos Domini one thousand eight hundred and one It is my earnest desire that an inventory of my estate should be taken. Signed, sealed & acknowledged in the presence of Willm. Lancaster Burrill Perry ( seal) Williamson Harris, John Perry Franklin County June session 1801. I certify that the forgoing will was proved in open court by the oath of William Lancaster … M.O.R. Test: Thos. Brickell C.C. ( It is interesting that he does not name daughter, Rachel, in his will. She is named in her mother’s will.)

From Will Book B, Franklin County, NC: Elizabeth Perry’s will written February 3, 1828; filed March Court 1828: Elizabeth Perry, of Franklin co, NC, of sound mind and memory….. I give and recommend my soul Unto Almighty god…. I give: unto my son, Joshua Perry, two Negros, a woman, Barbary, and a man, Dempsey; unto my daughter, Rachel Jones, one feather bed and furniture; unto my son, Joshua, all the balance of my property of every description executors: my son, Joshua Perry, and my friend, Herbert H. Harris Witnesses: Green Ross, Jurat, and Guston Perry, jurat

[Washington Co., Republic of TX, Probate Crt.Rec.Bk.C, (filed 28 Dec 1840), "Last Will and Testament of Burrell PERRY". See also, Hood Co., TX, Dd.Rec.Bk.B, p.401]. "I, Burrell Perry a citizen of the Republic and county aforesaid being of considerable age and affliction pressing heavily upon me and thinking it probable that my sojourn on this earth may not be long and considering my mind sound as yet or sufficiently so to dispe(nse)(sic)of my effects think proper to make this my last will and testament "I give and bequeath to my wife Jane Perry a certain grey mare the stock of hogs house hold furniture farming tools & likewise the peacable possession of the farm during her lifetime and likewise the cattle of our stock Brand LB "I give and bequeath to my daughter Rebecca one sorrellmare called Peg had of Leanrer Burris with half of the stock of cattle Branded BP and likewise half of the land at the death of my wife Jane Perry "I give and bequeath to my daughter Dianah a certain sorrell mare Cate likewise in equal portion of the above named stock and land with her sister Rebecca and I further desire that all the land to which I was entitled from the government of Texas from the estate of my son Richardson Perry who fell in the Alamo at Bexar may be equally divided amongst the above named heirs [and "struck through"] Polly Fisher and Dienah GUINN to have a share in this land with the other heirs I desire my executers Robert Armstead & George Guinn to this my last will and testament will proceed to have the provisions of the same as therin expressed and furthermore proceed to collect what is due me and pay the same over to my just debts which I presume will be sufficient but if it should not they will further proceed to dispe of any part of of my crop that can be spared from the family to answer this purpose and any remainder that may be on hand from debts due me and my crop they will divide equally amongst all the heirs named in this my will except Polly Fisher in testimony of which I have caused my name to be subscribed this 25th day of May 1840 /s/ Burrell (his X mark) PERRY Test: /s/ N.H.GREER, R.D.WOOD, George W. PETTY, James W. MOORE, J.G.DUNN" NOTE: On 2 Aug 1840 George GUINN [on the acct of the Estate of Burrell PERRY] paid Sheriff Robert STEVENSON $60 for part of the Execution against said PERRY from the Court in favor of Stephen JONES. This indicates that Burrell is now dead.

Washington Co., Repub. of TX: In Probate Court December Term 1840, James W. MOORE swore that he was well acquainted with Burrell PERRY, late of the county of Washington, deceased, and that he witnessed Burrell PERRY subscribe at the end of the instrument dated 25th May 1840 now produced and purported to be the last will and testament of said PERRY... /s/ James W. PERRY 28th Dec 1840 Dan I. TOLER ,Probate Judge

Washington Co., Repub. of TX: In Probate Court December Term 1840, Jane PERRY gave oath that the writing offered was the last will and testament of Burrell PERRY and that she would execute thereof according to law, and that she would return a true inventory of the Estate and an account of sales. 28 Dec 1840 /s/ Jane (her X mark) PERRY

Washington Co., Repub. of TX: In Probate Court, May Term 1841, Jane Perry represents that Burrell PERRY, deceased, made a will appointing Robert L. ARMSTEAD and George GUINN [as executors] and those executors have refused to act and that she was the wife of the deceased and requests being appointed administrator with the annexed will...She petitions to sell so much of the Estate as sufficient to pay the debt of the deceased as well as the amount due the court. Probate Judge Dan I. TOLAR granted the petition upon the bona fide filing of sufficient security. He ordered an appraisal and granted the sale of some of the property of the Estate--the sale to be advertized for 20 days previous to the sale which will take place on the 1st tuesday of August 1841 at the residence of the deceased.

A security bond for $5,000 holding Jane PERRY, John FISHER, [other names erased] bound was posted and signed by Jane (her X mark) PERRY, John FISHER, and William (his X mark) BOATWRIGHT

On 15 Jun 1841, an appraisal of the Property of Burrell PERRY was submitted by James W. MOORE, Nathan BOREN, and John B. DUPUY, J.P. of Washington Co., Repub. of TX (See 13 Dec 1842, below for Indenture not mentioned in this grouping)

[Washington Co., Repub. of TX, Probate Crt.Rec.Bk.C, p.165 (filed 25 March 1844) "Petition for Final Settlement of Estate of Burrell PERRY, decd.] At the Mar 1844 Term of the Probate Court, Jane PERRY represents that she has paid all outstanding debts of the Estate except for the fees due the Court and that she wishes to assume those fees as her own responsibility, and prays to have final settlement of her administration. The request was granted, and she was released from further liability.

May 15, 1846--In a deed (Washington Co., TX, Deed Book H, p.27) from Burrell Perry to George Guinn "Know all men by these presents that I Burrell Perry of the State of Mississippi County of Hancock am held and firmly bound unto George Guinn of the State and County aforesaid in the final sum of fifteen hundred dollars good and Lawful Money payment well and truly to be made I bond myself my and each of my heirs justly and sevraly firmly by these presents sealed with my seal and dated this the 15th day of May 1846 A scroll being used as my seal --- The conditions of this Instrument is such that whereas the above named George Gwinn of the County of Washington State of Texas aforesaid has this day paid unto the above named Burrell Perry of the State of Mississippi aforesaid the sum of fifty Dollas in consideration of which payment he binds himself to the said Guinn to relinquish to him & others named in the Will of Burrell Perry his father who died in Texas all of his portion if any in and to the Estate of Richardson Perry his brother who fell in the Alamo and he further binds himself that his full brothers and sisters will relinquish in his favor and the favor of those named in said will accordingthe true spirit and intent thereof and should the said parties aforesaaid relinquish as aforesaid then and in that case the above bond will be null and void otherwise remains in full force& virtue day and date above". [Signed by Burrell Perry; witnessed: John Gray and G. W. Giddings]. [signed by Burrell Perry Jr.]

13 Dec 1842, Washington Co., Repub. of TX - [Washington Co., TX, Deed Book F,p.24 (filed 4 Feb 1843)] Jane PERRY, widow, admx of the late Burrell PERRY, made and entered into an indenture between herself and Stephen JONES such that in consideration of a certain bond drawn by Burrell in his lifetime in favor of Stephen JONES for title to 40 acres off the NE corner of a 250 acre tract belonging to the Estate of Burrell PERRY, decd., and in further consideration of $100 paid by JONES, sells and releases the 40 acres to him. /s/ Jane (her X mark) PERRY wits.: John B. DESPERY & William JONES

p431 Estate of R Perry Decd Petition for Partition Filed 7th July 1854 Probate Minutes Vol B. Page 180-397 Washington Co. Texas The State of Texas {County of Washington} To the Hon. the Chief Justice of said County The Petition of Jane Fisher James Fisher William F Fisher and Ann Fisher minor heirs of Mary Fisher decd who are represented in this petition by John Fisher their father and guardian show unto your Honor that are entitled to a distributive share of the Estate of Richardson Perry decd. in right of their said mother And your petitioners further show unto your Honor that said Richardson Perry at his death left his father Burrel Perry and his mother Jane Perry his only heirs at law.. both of whom have since departed this life, and that said Burell Perry by his last will and testament which has been duly probated in said county bequethed to his four daughters who were also sisters of said Richardson all the lands belonging to the estate of said Richardson, in equal portions, to wit Rebecca Perry, Diena. then wife of George Gwynn, Dianna. then wife of Mark W Dikes and Mary. then wife of John Fisher. and mother of your petitioners and that said Rebecca has since departed this life ------? ----?, intestate and left at her death the said Diena, Dianna,and Mary, her sisters and heirs at law. and that since her death the said Diena has departed this life leaving the following children her heirs at law, to wit Mary Gwynn. George Gwynn and Anna Gwynn and that the said Mary (or Polly) Fisher the mother of your petitioners, has departed this life leaving them her only heirs at law. your petitioners further show that George Gwynn was duly appointed administrator upon the Estate of said Richardson by your Hon. Court. and that said Gwynn having no funds belonging to said estate, and the same consisting of land certificates which were yet unobtained and unlocated.. by the advise and consent of the other heirs.. contracted with J.J. Giddings to locate a part of the lands of said estate and in consideration of his services in locating a part of said lands conveyed to him 640 Acres of land and also J. D. Giddings under a contract with said administrator and the heirs of said decd. has located the remainder of the lands belonging to said Estate, and owns one half of the head right third of said decd. for locating and paying all expenses & obtaining patents to the lands- And your petitioners further show that are belonging to said Estate a tract of 1280 Acres the Bounty land of said decd. also 640 Acres his donation and his Head Right for one third of a league , the said 1280 & 640 are situated in Burnett County and the one third in Milam County- a full description of which will be shown to the Court and the hearing hereafs.- Your petitioners think the said Mark W Dikes and Dianna Dikes, the said George Gwynn and the said heirs of Diena Gwynn reside in the County of Gonzales. and that J J Giddings resides in the County of Bexar. and J D Giddings in the County of Washington. and they pray that they all be cited to appear at the September term of said Court to answer this petition & show cause if any why partition of said Estate should not be made as the law directs. and they pray for such decree as their case is just. and for such judgment as may seem just & equitable. D. C. Giddings for Plffs

HOME