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    

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