Repository Name

Public Record Office

Repository Reference

PROB 11/1879/313

Probate Court

Prerogative Court of Canterbury

 

William Ballard

Staplehurst, Kent

 

Will dated

13th March 1837

   

Will probated

21st June 1837

 

This is the last will and testimony of me William Ballard of Staplehurst in the county of Kent Farmer made and published this thirteenth day of March in the year of our Lord 1837. First I direct that all my just debts and funeral and testamentary expenses may be fully paid and satisfied by my executors hereinafter named as soon as conveniently may be after my decease. I give and devise unto my brother Eli Ballard and unto my friend Samuel Cotton of Staplehurst aforesaid Farmer their heirs and assigns all the freehold and copyhold messuages lands tenements and hereditaments and parts and shares of messuages lands tenements and hereditaments in possession reversion remainder or expectancy whereof or wherein I am or any person or persons in trust for me is or are seized or interested or over which I have a disposing power with their and every of their rights members and appurtenances to hold the same unto and to have the use of the said Eli Ballard and Samuel Cotton their heirs administrators and assigns for ever upon trust as soon as conveniently may be after my decease to sell the same by public auction or private contract with liberty from time to time if deemed expedient to buy in my part thereof at any auction and to rescind and vary the terms of any contract for sale that may have been entered into and to convey such parts of the said estate as from time to time shall be sold in such manner as the respective purchaser or purchasers shall direct and I direct that such purchasers respectively shall be exonerated from any responsibility in respect of the application of the monies paid by them respectively to the trustees or trustee for the time being of this my will. And I further declare that my said trustees shall stand possessed of the money to be produced by such sale or sales as aforesaid after deducting the expenses attending the same upon the trusts hereinbefore expressed. And I hereby declare that such part of my real estate as shall from time to time remain unsold and disposed of under or by virtue of the trusts hereinbefore contained and the costs and profits arising therefrom rents and profits arising therefrom shall be to and for all intents and purposes whatsoever considered and deemed as personal estate I give and bequeath unto my said brother Eli Ballard for his own absolute use and benefit all the household goods and furniture plate linen China glass and other housekeeping effects which shall be in and about my dwelling house at the time of my decease. And I give and bequeath unto the said Eli Ballard and Samuel Cotton their executors assigns and administrators the sum of £200 to be appropriated at the end of six calendar months next after my decease upon trust to invest the same in their names in the public funds or other government securities of Great Britain or at interest upon real security in England such securities to be from time to time varied and ordered as my trustees for the time being shall think fit. And my will is that the said Eli Ballard and Samuel Cotton their executors administrators and assigns shall stand and be possessed of and interested in the said sum of £200 so bequeath to them as aforesaid and stocks funds and securities in or upon which the same shall be invested upon and for the trusts interest and purposes following that is to say upon trust during the natural life of my dear Mother Priscilla Ballard to pay the dividend interest and accrual of the said Trust monies stocks funds and securities unto my said mother or her assigns for her or their absolute benefit. And from and after the decease of my said mother my will is that the said Trust money stocks funds and securities shall sink into and become part of the residue of my personal estate. I give and bequeath unto my sister Esther Ballard the sum of £200 to be paid out at the end of twelve calendar months next after my decease to and for her soul use and benefit the same to be free from the debts and control of any husband with whom she may marry for which purpose it is my will that the receipt or receipts in writing of the said Esther Ballard should notwithstanding the covertures be a good and effectual discharge or good and effectual discharges for the said legacy or sum of £200 hereinbefore bequeathed to her. I give and bequeath unto the said Eli Ballard and Samuel Cotton and their executors administrators and assigns the sum of £50 upon trust to apply and dispose of the same in and towards the maintenance education support and advancement in the world of my nephew Eli Ballard the son of my late brother John Ballard deceased in or for any or other of those purposes and at such times and in such manner as they my said trustees shall in their or his discretion think fit. And in case of the death of my said nephew Eli Ballard before the whole of the said legacy or sum of £50 shall have been applied and disposed of according to the trust for that purpose hereinbefore contained then I direct that the said legacy or sum of £50 or so much thereof as shall not have been so applied and disposed of shall sink into and become part of the residue of my personal estate and effects whatsoever and wheresoever not hereinbefore specifically disposed of including any personal estate of which I have a power of appointment I give and bequeath the same unto the said Eli Ballard and Samuel Cotton their executors administrators and assigns upon the trusts following that is to say upon trust to sell and dispose of collect get in and converted into money so much and such parts of the same residuary estate and effects as shall not consist of money and I hereby empower my said trustees to compound for or allow such time or accept such security real or personal for the payment of any sum or sums of money which shall be owing to me at the time of my decease as by them or him shall be deemed expedient whether the debts so compounded for shall be secured or not. And also to refer to arbitration or otherwise adjust settle or compromise any questions or disputes that may happen to arise with any person or persons concerning any amounts or transactions whatsoever. And it is my will and I hereby direct and declare that the trustees of this my will shall stand possessed of the monies arising from my real estate hereinbefore devised and also the monies arising from my residuary personal estate and effects hereinbefore bequeathed upon trust by with or out of the same monies respectively to pay or satisfy and retain all my just debts funeral and testamentary expenses and all expenses incident to the trusts hereby created and the pecuniary legacies and to provide a fund for the annuity hereinbefore bequeathed and upon further trust to pay and apply the surplus of the same monies unto my said brother Eli Ballard or permit him to retain the same to and for his own absolute use and benefit accordingly I recommend to the kind and affectionate regard of my said brother Eli Ballard to whom the greater part of my property and effects is hereinbefore given and bequeathed such of the children of my late brothers John Ballard and Richard Ballard respectively deceased as are or may happen to be in indigent and <??????> circumstances but I expressly declare that this recommendation shall not have the force nor effect of imposing a trust on my said brother Eli Ballard or in any manner abridge or qualify his property and interest in the said legacy or residuary estate any rule of equity to the contrary notwithstanding. And I nominate and appoint my said brother Eli Ballard and the said Samuel Cotton executors of this my will and I hereby declare that no one or more of the trustees for the time being of this my will shall be answerable for any other or others of them or for any money received and any receipt in which he or they shall join only for conformity or by any means for involuntary losses and that every trustees shall be allowed all charges and expenses incurred in the execution of the trusts hereof. In witness whereof I the said William Ballard the testator have to this my last will and testament contained in four sheets of paper set my hand and seal that is to say my hand to the three first sheets thereof and my hand and seal to this fourth and last sheet thereof the day and year first above written. William Ballard signed sealed published and declared by the said William Ballard the testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. U.N.Ottaway Solicitor Staplehurst – George Hinds his clerk – William Smith

 

Proved at London 21st June 1837 before the worshipful John Elliott Pasley Robertson Doctor of Law and surrogate by the oaths of Eli Ballard the brother and Samuel Cotton the executors to whom administration was granted having been first sworn duly to administer.