Chapter 5#
John Berry 1762 to 1804#
John Berry was probably the third child and second son born to Robert OC and Elizabeth Cate Berry. John was born in Orange County, North Carolina. Robert OC and Elizabeth apparently used the English naming order, which would make John Berry their third son. The first son would have been named Robert Jr. for his father or paternal grandfather. The second son would have been named John for his maternal grandfather. Elizabeth Cate’s father was John Cate, and her mother was Margery Lawrence Cate. John Berry was most likely born about 1762 and would have been a grown man by 1782. We know that John was married and had children because Robert Berry Sr. left a slave to the children of John Berry, deceased, in his 1812 will.
John Berry and Martha Stepp Wedding Record#
John Berry and Martha Stepp Marriage Record
John Berry married Martha Stepp on September 16th, 1793, in Person County, which is only a few miles north of his home at Fiddleton. Elizabeth Cate was raised near the Flat River, which is in the same general area. In the marriage record, John Berry’s name was misspelled.
In 1804, John Berry died at the age of 42, leaving five orphan children in Jackson County, Georgia. In the book “Georgia Intestate Records” by Jeannette Holland Austin, there are abstract records from Jackson County, Georgia, that list the names of his five orphan children. The names of John and Martha’s five orphan children were Robert, Joshua, William, Polly, and Betsy. Polly is a common nickname for Mary, and Betsy is a common nickname for Elizabeth. This record was located by George Pettett about 25 years ago. Because of the similarity of the names between John Berry’s siblings and his children, many of us always thought that John Berry was the son of Robert OC and Elizabeth Cate Berry.
This has now been proven to be true. Shelby Dale Berry died on October 20, 2011, but before he died, his daughter took a sample of saliva and had it tested to record his Y DNA. As a result of this test, it has now been determined that he was a descendant of John and Martha Stepp Berry. William Berry, who was 4 years old when his father died in 1804, is Shelby Berry’s great grandfather.
From the book, “Georgia Intestate Records” by Jeanette Holland Austin, we see that Benjamin Camp was appointed guardian for John and Martha Berry’s 5 orphans.
Mary Camp listed as head of household in the 1820 Jackson County, Georgia, census. Benjamin Camp must have died after being appointed guardian by the court. Below is a copy of the census page. Notice that there was one family living between Mary Camp and Sylvester Nelson. William Berry married Sarah Nelson and in the 1850 census we see that their first son was named Sylvester Berry age 19.
1820 Jackson County Georgia Census#
1820 Jackson County Georgia census
Fayette County ALA. Nov 22nd, 1850 Census#
Wm. Berry age 49 (1801) born in GA.
Sarah Berry age 55 (1795) born in GA.
Silvester Berry age 19 (1831) born in ALA.
Elizabeth Berry age 17 (1833) born in ALA
Henry Berry age 13 (1837) born in ALA
Robert Berry age 11 (1839) born in ALA
Cinthia Berry age 9 (1841) born in ALA
Walker Berry age 7 (1843) born in ALA
Joshua Berry age 5 (1845) born in ALA
Sarah Berry age 3 (1847) born in ALA
William Berry age 1 (1849) born in ALA
Red River Texas June 20th, 1880 Census#
Sylvester Berry age 48 (1832) born in Ala., Father GA, Mother Ala.
Sarah Berry age 36 (1844) born in Ala., Father GA., Mother GA.
Geo W. Berry age 20 (1860) born in Ala, Father GA., Mother Ala.
Emma F Berry age 16 (1864) born in Ala, Father GA., Mother Ala.
John T. Berry age 9 (1871) born in Tenn. Father GA., Mother Ala.
Ulysses Berry age 7 (1873) born in Tenn. Father GA., Mother Ala.
Lee S Berry age 3 (1877) born in Tenn. Father GA., Mother Ala.
Dwelling # 338 Family # 338 Dallas Texas Feb 16, 1920 Census#
Ulisses L. Berry age 47 (1873) born in GA, Father born in Ala, Mother born in TN
Annie Berry age 44 (1876) born in Georgia, both parents born in Georgia
Shermon Berry age 18 (1902) TX
Earl Berry age 16 (1904) TX
Roscoe Berry age 14 (1906) TX
Agnes Berry age 11 (1909) TX
Carl Berry age 8 (1912) TX
Arnell Berry age 6 (1914) TX
Hazel Berry age 2 9/12 (1917) TX
Dwelling # 859 Family # 1019 Dallas Texas Census Page 280 June 15th, 1930 Census#
Roscoe Berry age 24 (1906) born in Texas both parents born in Georgia
Ida M Berry age 27 (1903) born in Texas both parents born in Texas
Shelby D. Berry age 1 7/12 (1929) born in Texas both parents born in Texas
Shelby Dale Berry
Shelby Dale Berry had an acting career and played a cowboy with Gene Autry. He had parts in several movies and as the cowboy fad faded he acted in the TV show Texas Ranger and other TV series. After quitting the acting business, he returned home and worked with his father’s heavy equipment company. Dale was apparently very happy with his life and made the statement that he would not change a thing if he had the opportunity to relive his life.
Descendants of John and Martha Stepp Berry’s other orphans, Robert, Joshua, Mary, and Elizabeth, have not been located but many of them may be living in Alabama, Mississippi, Tennessee, Georgia, Texas, Oklahoma or many of the other southwestern states.
John Berry’s Y DNA Proof — One Participant#
Robert and Mary Williamson Berry, Princess Anne County, Virginia
Robert and Elizabeth Cate Berry, Orange County, North Carolina.
John and Martha Stepp Berry, Jackson County, Georgia.
William and Sarah Nelson Berry, Fayette County, Alabama.
Sylvester and Sarah Berry.
Ulysses and Anna Mae Watson Berry.
Roscoe and Ida Merrill Ellis Berry, Lamar, Texas.
Shelby Dale Berry.
There is another Berry researcher claiming our John and Martha Berry family as theirs. Their John Berry married Martha Collier. This has been an unsolved problem for us for many years. The results of Shelby’s Y-DNA test now absolutely disproves their claim.
Robert and Elizabeth Cate Berry’s son, John Berry, had sisters named Elizabeth and Mary. He also had brothers named Joshua, William, and Robert.
John Berry is known to have been deceased at the time his father wrote his will on April 16th, 1812. Four of Mary Berry Camp’s children were living in Jackson County, Georgia, on January 14th, 1815. William Cates was also involved with settlement of John Berry’s Estate. All of the archival facts suggested that John Berry was from our family but before Shelby Dale Berry’s Y-DNA test, we could find no concrete proof.
John’s widow, Martha Berry, was issued a citation on May 12th, 1804, “to obtain letters of administration Cum Testaments [illegible word] on the Estate of John Berry late of this county Deceased.” This was on page 93 of Jackson County Wills, Drawer 163, Box 30. This is the last record where Martha Berry is mentioned.
It’s not completely clear what happened to Martha Stepp Berry. It is possible that she remarried and abandoned the children.
Intestate Record of John Berry’s Estate in Georgia in 1804#
Page 94 “26th October 1804 citation to William Cates to obtain letters to administrate C T A on estate of Jno. Berry Decd.” Page 160: “September 2 1811 ordered that Benjamin Camp do come on the first Monday in October to the next court of Ordinary for the County & make a Statement of the property that he has in his hands of the estate of John Berry deceased and show he has duly paid of the said estate & {word is either advise or assess} the situation of the orphans of Said deceased.”
William Cates and Benjamin Camp were heavily involved with John Berry’s estate and his orphan children. Since our Berry family is so closely associated with the Cate and Camp families in other places, it seemed reasonable to believe John Berry was from our family from the very beginning.
“It is further ordered that the said Benjamin Camp be appointed guardian of said orphans who were Joshua Berry, Robert Berry, Polly Berry, Betsy Berry, and William Berry, he giving bond of security of the law requiring that he to be bound in the sum of one thousand dollars for his performance.”
Unfortunately, the first 10 pages of the Jackson County Will book are missing and it is believed that John Berry’s will might have been on page 6.
Robert Berry’s OC 1812 will states that his son John was deceased. John Berry’s heirs inherited a slave named Luinda in Robert Berry’s 1812 will. We have not located any other information about Luinda.
Children of John and Martha Stepp Berry#
Jackson County, Georgia, in 1804
Polly Berry about 1793 — John’s sister Mary
Betsy Berry about 1795 — John’s sister Elizabeth
Joshua Berry born 1797 — John’s brother Joshua.
Robert Berry born 1798 — John’s brother Robert Jr.
William Berry born 1802 — John’s brother William.
James Camp listed in the 1800 Laurens County census. (See Fig: 40, pg. 113) Only James and his five children are enumerated in that census, meaning that Mary Berry had already died. On January 14th, 1815, four of James and Mary Camp’s children drew up a Power of Attorney in Jackson County, Georgia, claiming their mother’s inheritance. (See Fig: 42, Pg. 113) John Berry died in Jackson County, Georgia, in 1804. When did James and his four children go to Jackson County, Georgia? We know Jacob Berry was living in the Greenville district of South Carolina from the four Camp children’s Power of Attorney. I have located John Berry in Caswell County in the 1800 census. || 1 | - | - | 1 | - || 2 | - | 1 | - | - || This enumeration almost fits John Berry’s family because his last son, William, was not born until 1802. One of their sons could have been visiting a relative when the census taker came around.
If this is our John Berry’s census it tells us that Polly and Betsy are older than Joshua and Robert, and Martha Stepp was younger than John. It also tells us that John and Martha removed to Georgia between 1800 and 1804. This leads to the possibility that James Camp and his children also went to Jackson County, Georgia, with his brother-in-law at the same time.
Estate Sale Record of John Berry Deceased 1804#
Jackson County Estate Bill of Sale 1800–1832
“Drawer 168, Box 35, Berry, John Pages 218–221 Page 218:
The Assessment of the Estate of John Berry decd. 16th February, 1805
1 sorrel horse 3 yr old $36
1 Bull one-year-old 20
1 old mare 25
1 bay horse 9 yr old 60
1 branded Cow & Calf 12.50
more calves, hogs, etc.
1 mans saddle 7
ploughs, etc…
pots, etc…
Dutch oven & rack 2
2 Bedsteads 5
chairs, table, cradle, etc
Old Wheel 1
Pewter dishes, plates & spoons 8
1 Woman’s side saddle 1
1 Woman’s cloak 1
1 feather bed & furniture 25
$336.37
Entered at bottom of Page 218:
“A Return of Joshua Berry Guardian of William Berry Orphan of John Berry decd:
Recvd. Cash in North Carolina $181
Amt. Of sale of land for which I have notes due 250
[First part of line illegible] to wit the year 1823 250
Paid for letter of guardianship 3.00
[Illegible item] 14.55
My own time 14.00
$31.55
Page 219: Names of Purchasers and Listed items bought by Cates and Camps]
William Cates Gun 3.00
Drury Strickland
William Cates Hides 1.00
Stephen Brooks
William Cates 1 half bushel .50
Samuel Bellah
Jordan Stanley
Stephen Brooks
Samuel Bellah
William Cates illegible item .50
Joshua Batts
James Laughredge
Geo Reed
James Grace
William Cates 1 mattock 1.00
Henry Ledbetter
William Spence
William Cates Hay Carts and nails, 1 pole ax 3.00
James Laughredge
William Cates 1 shovel plough .81 ¼
Alfred Coulter
Joshua Betts
Thomas Camp 1 pot & hooks 1.00
William Cates Dutch oven & pots 3.36 ¾
Edward Knowles
William Cates Table & Dresser 1.81 ¼
James Grace
William Cates 2 Chaise .81 ¼
Mathias Baty
Larkin Camp 1 musket 3.06 ¼
James Grace
William Cates 1 bedstead 2.00
James Lawton
William Cate 4 head hogs 7.50
Joshua Betts
Jordan Stanley
Edward Knowles
George Horry
Menafee
George Reed Esq.
William Cate dishes & plates 3.00
James Grace
Wm Bradfield
Edward Knowles
William Cates bag of ginned cotton 81 ½
Robert McGhee
John Hill
Geo Reed Esq
Sherrod Camp 1 sorrel mare 70.50
Thomas Jones 1 mare 22.50
George Horry 1 horse 90.00
Patsie Rigsby 1 saddle 7.00
R Hutchings 20.00
$234.18 ½
William Cates Administrator His Mark
Wm X Cates
Sworn in Court May 1806
Judgt. Vs. Camp $65.80
“Paid Robert Berry 56.17
“Pd Joshua Berry 82.83
Cates sued Jno Camp for slander over disposition of part of estate of John Berry:
“Asked $5000. Camp pleaded not guilty, October Term 1805. Jury found for Defendant [Camp] With cost. Cost to Plaintiff {Cates} $11.12 Pages 168–169:”
Wm Cates. Admtr John Berry estate, sued Thos Camp over 20 hogs. Part of John Berry Estate, April Term 1806. Jury found for Plaintiff {Cates}, $100 with cost.
Thos Camp Appealed.” Thomas Camp may be James Camp’s Brother.
Wm Cates, admtr of John Berry’s estate. Sued John Camp over 20 barrels of corn, value of $60, part of John Berry estate, April Term 1806. Jury found for Plaintiff {Cates} $50 With cost. Cost paid by defendant & appeal entered by Abner Camp (no explanation why John Camp did not appeal) Page 422:
Wm Cates, admtr John Berry estate, sued Thomas Camp over notes due John Berry estate from John Peffer [Pepper?] & Wm Jacobs, amounting to $63. Cates charged Camp “deviously conspired to turn notes to him,” and sought $130 in damages. Trial, March Term 1807 Court ruled for Defendant [Camp] $7.25 cost to be recovered from Plaintiff “his cost most wrongfully obtained.” John Camp may be James and Mary Berry Camp’s son. (See Chapter 3)