He is a nephew of Capt. Benjamin Kinley of the VA Line whose will names his nephews in NJ and his land in Augusta Co VA.

WILL of Benjamin Kinley of Augusta Co date April 21, 1777. To Benjamin Berry my nephew living in county of Monmouth in East New Jerseys all my land and tenements to him forever. To Henry Berry 5 sh. To every of the other brothers and sisters to the abovementioned Benjamin Berry and Henry Berry 5 sh. I appoint Archibald Hopkins and Capt. John Hopkins executors. Witnesses Josiah Davisson, Rees Thomas, John Thomas. probated date Mar. 26, 1781.

MARRIAGE: Benjamin Berry married Johanna Berry dau of David Berry. Feb 21 1786. bond Daniel Kerr consent David Berry. (He moved to VA 1778 per pension.)

DEATH: died Dec. 14, 1834 Agency book, comes from note on card in pension file. "See letter to A.C. Bryan Agt. April May 1, 1837."

ESTATE: Bounty Land for Benjamin's children to claim land for their uncle who served had the names of Benjamin's children "Heirs at law of Benjamin Berry who was the only heir at law of Benjamin Kinley who was a Capt in the War of the Revolution appoint R.B. Bagby of County of King and Queen attorney to receive bounty land warrants. Archibald R. Berry, David Berry, George H. Berry, John S. Berry, Ellen Swats, Julia Catharine VanPelt, Rhoda Fuls, Phebe J. Freed. date Dec. 30, 1850 John S. Berry appeared on Jan. 2, 1851."

SOLDIER: American Revolution, supplemental application for the SAR by Christos Christou, Jr. #130571. also heir to his uncle Capt. Benjamin Kinley's land. see copy of Benjamin Kinley will in Kinley's pension file. original will burned in Rockingham Co, VA. Benjamin Berry served in both Monmouth NJ age 16-20 and in Rockingham Co, VA age 22-23. Pension file for Benjamin Kinley names Benjamin Berry's children. Pension file for Benjamin Berry gives his death date.

PENSION: Benjamin Berry of Rockingham Co private under Regt. of Col. Noll in VA for 17 months. Benjamin Berry pension application. To receive $56.66 per annum commencing Mar 4, 1831. Cert. of Pension issued Mar. 20, 1833 and sent to H.J. Gambill, Harrisonburgh. Arrears $113.32 and allowance ending 4 Sep. $28.33. On Aug 21, 1832 appeared before Joseph Cravens, David Waxter, George Clark and Augustus Waterman justices, Benjamin Berry a resident of Rockingham Co age 74 stated that he entered the service of the US as follows. He was born in 1758 and he believes in New Jersey near Monmouth Courthouse but has no record of his age. When he was 16 he was drafted in the militia service in New Jersey and served one month under Capt. Walton principally in Freehold Co, NJ and a month later called out again in the neighborhood of Shrewsbury NJ under Capt Walton, brother of the first named Capt, he having been advanced to Major. They were to keep Tories in subjection and had no engagement. late in fall of 1776 after the battle of Long Island he was drafted in militia service under Capt. Hunn and marched to Sandy Hook and was in the engagement there when the militia were nearly all taken prisoners but he escaped and joined another party of militia near Middletown, NJ and was sick and returned home and was out about 2 months. He was called again in spring of 1777 under draft. He has no written documents to refer to and has forgotten the captains names and marched to Princeton and then to Sourland Mountain and then to Middlebrook Mountain at General Washington's Headquarters. Gen. Washington then made an attempt to bring the enemy to an engagement at New Brunswick but failed and pursued them to Amboy. Here they were discharged. He thinks this term was about a month. In the same year in the fall was drafted again and marched to Germantown, PA and joined Gen. Washington's headquarters served this tour under Capt Walton and was in the battle of Germantown and marched home and was discharged. About 6 weeks between his next tour in the winter. About the last of May or first of July 1778 another draft of NJ Militia and was marched to Delaware River and was under Gen. Morgan at the battle of Monmouth of June 28 and was discharged on 29th. This tour about a month. After the battle of Monmouth in the same year he was called in the NJ militia from 2 to 3 months at different periods under the command of Gen. Farman to prevent depredations by the Tories. Late in the fall of 1778 he removed to Virginia and in the fall of 1780 was drafted in Rockingham Co and marched to Richmond under Capt. Harrison and remained a short time, the British having left and he was discharged at Richmond. He was absent from home 26 days during this tour. In the winter and spring of 1781 he served a 3 month tour as a drafted militia under Capt. Baxter, Major Hamilton, Col. Nolle and Gen. Muhlenburg. He marched from Rockingham to Richmond and then to Norfolk then to the lower part of Virginia and to the N.C. line and was discharged in April. He never received a written discharge during all his services. He relies on the deposition of his brother John Berry submitted as proof of his service in NJ, and for VA on the testimony of Rev. William Bryan who was in the same campaign. He has resided in Rockingham Co ever since the close of the war and for his character he refers to Capt. David Rolston, Mr. Joseph Henton, Joseph Baxter, Esq., Mr. Wm Ewin and the neighbors generally. Before a J.P. of Hardy Co, John Berry who made oath that his age and infirmities prevent him from attending court in Rockingham makes oath that Benjamin Berry was engaged in the militia service during the Rev. War and that Benjamin was one of the Jersey militia that was engaged at the battle of Sandy Hooks, in which the American forces were defeated. Benjamin was a solder in the army which caused the British to evacuate New Brunswick in 1776 and in the same service at the battle of Germantown and commanded by Gen. David Furman. The above are from his personal knowledge and common tradition of the neighborhood in which he resided and from other circumstances that he was engaged in the battle of Monmouth under Col. Morgan of VA. date Dec. 29, 1832 Amended declaration Benjamin Berry states due to old age and consequent loss of memory is unable to swear positively to dates but he served not less than the periods given for one year and 5 months as private. Date Jan 8, 1833. #S6627

DEED: Benjamin Berry of Rockingham Co sold to John Hopkins for 20 pounds, 80 acres first granted to Benjamin Kenley by patent bearing date Sep 10 1767 lying on a branch of Brock's creek at the foot of the north mountain at a place called Bear Wallow in Rockingham Co. on Jan. 1783 Burnt DB 00 p. 172. witnesses John Herdman, Engle Boyer, Brewer Reeves. recorded Jan. 27 1783.

DEED: Benjamin Berry and Joannah his wife of Rockingham Co sold to Jehu Gumm for 20 pds a tract of 80 acres granted to Benjamin Kinely by patent dated Sep 10 1767 on a branch of Brocks Creek at the foot of north mountain. on Jan. 24 1793
(obviously land must not have finalized in 1783 to John Hopkins) Burnt DB 00 p. 530

DEED: deed of B & S from Benjamin Berry to Martin Croomer was acknowledged p 52 Minute Book 2 1794. and privy examination of said Berry's wife.

DEED: Benjamin Berry of Rockingham Co to John Crummy of same sol for $329 a tract of land on Branch of Muddy Creek containing 10... part of 260 acres willed to said Benjamin by Benjamin Kinley by his last will dated April 21 1777, per deed dated July 11 1820 if he pays to Archibald Rutherford $329.79 and required to give 30 days notice in newspaper of Staunton before sale of property. DB 5 p. 37.

TOMBSTONE: Keezletown Cem. I had a government issued tombstone for Benjamin Berry placed at Keezletown Cemetery in the Berry family lot on August 4, 2007 (This cemetery has no stones or new burials only this plaque) Benjamin Berry. Pvt. Capt. Walton's NJ Militia Capt. Harrison's VA Militia (Amer. Rev.) 1758-Dec. 14 1834. (I had this marker placed at Keezletown and dedicated on August 4, 2007)