Will

Barbara Berry
State of North Carolina
Currituck County

I Barbara Berry of the county of Currituck and state of North Carolina being of sound mind and disposing memory do make this my last will and testament in manner and form as follows that is to say.

Item first I give bequeath and desire unto my son Norris Owens one half of all the lands I die seized an possessed of on condition as follows that he is not to have any of buildings value (-----) of (-----) also he is to pay to my daughter Polly Evans decid heirs the sum of fifty dollars also to pay to my daughter Barbara Owens or her heirs the sum of fifty dollars on the above conditions. It is my will that my son Norris Owens shall have the one half of my lands not until he does completely with the above conditions.

Item 2 I give bequeath and desire unto my son Thomas Berry one half of all my lands I die seized and possessed of including all my buildings in his half on condition as follows. That he is to take care of my daughter Penny Berry during her natural life and treat her well and also to pay to my daughter Matilda Owens the sum of fifty dollars on the above conditions. It is my will that my son Thomas shall have the one half of all my lands including all my buildings and if he shall fail to take care of my daughter Penny as he ought to its my will that my daughter Penny shall get one half of my lands and buildings during her life and at her death to go to my son Thomas Berry.

Item 3 I give and bequeath unto my daughter Penny the choice of my beds and stead's

Item 4 I give and bequeath unto my son Thomas one bed and stead.

Item 5 I give and bequeath unto my daughter Barbara one bed and stead.

Item 6 I give and bequeath unto my daughter Matilda one bed and stead.

Item 7 I give and bequeath all my bed covering to be equally divided between my daughter Penny, Barbara, Matilda, and son Thomas.

Item 8 I give unto my son Thomas all my hogs and provisions on hand if any at my death.

Item 9 I give and bequeath unto my daughter Penny all the balance of my property of every description with the understanding that at her death what she has not disposed of during her life is to go to my son Norris and daughters Barbara, Matilda and their heirs.

In witness where of I signed sealed and declared this to be my last will and testament  this September 26th 1876.

Barbara Berry

Witness
J. M. Woodhouse
Sarah M. Woodhouse

February 16th 1882 I Barbara Berry make this change in my last will as written above. That my son Norris Owens shall only pay to my daughter Polly Evans heirs the sum of five dollars instead of fifty dollars as written above. I declare this to be my last codicil to this my last will and testament date above written.
In presence of
J. W. Woodhouse
Mary Y. Woodhouse

Ordered recorded this the 13th day of February 1888
by H. B. Ansell C.S.C.

Remarks: Located in Currituck County Court House, Will Book 5 page 157

Also it appears this codicil was highly contested.

Codicil = in law, and addition to a will, to change or explain some provisions or to add new ones. (Webster)

(Barbara Baum -Jarvis-Owens-Berry)