Repository Name

Public Record Office

Repository Reference

PROB11/2176/303

Probate Court

Prerogative Court of Canterbury

 

Catharina Ballard widow

Bath, Somerset

 

Will dated

3rd September 1839

   

Will probated

10th August 1853

 

This is the last will and testament of me Catharina Ballard of the city of Bath widow and relict of Samuel James Ballard late a Vice Admiral in Her Majesty’s navy. I give and bequeath unto my servant Mary Brown in consideration of her long and faithful service to me the sum of £50 sterling and to my nephew Richard Joshua Iremonger I give to the like sum of £50 sterling and I direct that the said two legacies shall be paid free of legacy duty by my executors hereinafter named. And as to all the rest residue and remainder of my estate and effects whatsoever and wheresoever both real and personal over which I have any disposing power I give and bequeath the same unto and to the use of George Abraham Crawley of No 20 Whitehall Place Westminster gentleman[i] and Henry John Mant of the said city of Bath gentleman and their heirs executors administrators and assigns upon trust as soon as conveniently may be after my decease in the discretion and of the absolute authority of the trustees or trustee for the time being of this my will to sell and dispose of collect get in and reinvest <????> money upon which and such part of the same residuary estate as shall not consist of security or securities for or investment of money <?????> <?????> (of the then the participants securities which I intend shall be called in) and I hereby declare that my said trustees or trustee shall stand possessed of the monies to arise and the produced from my said residuary estate as aforesaid or of which the same shall happen to be composed at the time of my decease upon trust by which or out of the same monies to pay and satisfy all claims and all my just debts funeral and testamentary expenses and all expenses incident to the execution of the trusts hereby created and the pecuniary legacies hereinbefore bequeathed. And upon further trust to lay out and invest the surplus of the same money in the names or name of my said trustees or trustee in or upon the public stocks or funds or government securities of the United Kingdom or upon mortgage of freehold copyhold or leasehold estates in England or Wales. And I hereby direct and declare that the trustees or trustee for the time being of this my will shall stand and be possessed of the stocks funds and securities to be purchased and then under the trusts hereinbefore contained and which shall or may happen to compose part of my residuary estate at the time of my decease upon the trusts following (that is to say) upon trust to pay the interest dividends and annual proceeds of one equal third part or share thereof unto the Reverend John Lloyd Crawley of Heyford in the county of Northamptonshire clerk[ii] or otherwise permit or empower him to receive the same for and during his natural life and from and after his decease upon trust to convey assign transfer and assure such one third part or share unto and to the use of John Lloyd Crawley George Crawley Henry Crawley Charles Gibbs Crawley Thomas William Crawley Anthony Gibbs Crawley and Alfred Crawley the six sons of the said John Lloyd Crawley and any other child or children of the said John Lloyd Crawley (with the exception of his daughter Elinor Norris wife of Henry Norris Esquire and the is already amply provided for and is not therefore to receive any benefit and of this my will) who shall be then living in equal shares and proportions their and his executors or administrators and assigns. And upon trust to pay the interest dividends and annual proceeds of one other equal of third part or share of my said residuary estate and effects unto the Rev Charles Crawley of Hartpury in the in the county of Gloucester clerk[iii] or otherwise permit or empower him to receive the same during his natural life and from and after his decease upon trust to convey assign and assure such one third part or share unto and to the use of Charles Young Crawley, Catharina Duke Crawley, Charlotte Elizabeth Crawley, Mary Crawley, George John Lloyd Crawley, Anna Cordelia Crawley and Augusta Bovey Crawley and any other child or children of the said Charles Crawley[iv] who shall be then living in equal share and proportions their he is and her executors administrators or assigns. And as to the remaining that one third part or share of my said residuary estate and effects upon trust to pay the interest dividend and annual proceeds thereof unto the Reverend William Crawley of Flaxley in the county of Gloucester clerk[v] or otherwise permit or empower him to receive the same for and during his natural life and from and after his decease upon trust to convey assign and assure such last mentioned one third part or share unto and to the use of William Savage Crawley Charlotte Sibella Crawley Mary Catharina Crawley Joanna Gibbs Crawley and Margaret Crawley and any other child or children of the said William Crawley[vi] who shall be then living in equal shares and proportions their he is and hurt executors administrators and assigns provided always and I hereby declare that in case any or either of the children of them at the said John Lloyd Crawley Charles Crawley and William Crawley shall die before he is her warfare share of and in the aforesaid trust monies shall become payable leaving any child or children living at their his or her decease then and in such case the trustees or trustee for the time being of this my will shall stand possessed of the share or shares of him her or them so dying of ending in my said residuary estate and effects hand and produce thereof in trust for such child or children of the party all parties so dying who shall attain the age of 21 years or Mary if more than one in equal shares and proportions for the absolute use and benefit of such child or children respectively. Provided and I hereby further declare that in case any of the children of them and the said John Lloyd Crawley Charles Crawley and William Crawley shall at the time of the decease of their respective parents be under the age of 21 years or shall be leaving this year under that is age of my said trustees or trustees shall pay out and invest the present give share or shares of such child or children and issue respectively in government or real securities and apply and adequate portion of the income arising therefrom for the maintenance and education of such child or children and issue respectively and from time to time at tonight and invest the unapplied portion and their golf (if any) which accumulated sons shall notwithstanding the investment thereof still remain applicable if occasion shall require for the maintenance and education of the child or children and issue respectively from these presents to share or respective shares the same shall have arisen. And I also empower my said trustees and trusty in their or his discretion to apply any portion that not exceeding one-third of the principle of the presumption share or respective shares of any of such children or issue for his her or their advancement in life. Provided always and I hereby declare that it shall be lawful for the trustees or trustee for the time being of this my will at any time or from time to time of their all he’s and authority to sell and dispose of any stocks funds or securities at or upon which any part or parts of my said trust estate may for the time being be invested and to invest the money to arise from such sale in any other of the stocks funds or other government securities of United Kingdom or on mortgage of freehold and leasehold of copyhold estates in England or Wales and fairy or transfer the same as occasion shall require. And I declare that all and every person and persons who shall or may pay any sum or sums of money to the trustees or trustee for the time being of this my will shall be exonerated from all responsibility in respect of the application thereof. Provided always and I hereby declare that in case the said George Abraham Crawley and Henry John lands or either of them shall die in my life time or shall renounce the execution of the trusts hereby created in case the said George Abraham Crawley and Henry John Mant or any trustee or trustees to be appointed under this present provision shall die or shall be absent from the United Kingdom for the space of six calendar months at any one time or shall otherwise become unwilling or unable to act in the aforesaid trusts then and as often as the same shall happen it shall be lawful for the surviving all continuing trustee or if there be no such trustees then for the retiring or renouncing trustee for the time being or if …

 

The next 18 lines not transcribed, they relate entirely to the operation of the trust.

 

And I hereby nominate and appoint the said George Abraham Crawley and Henry John Mant executors in trust of this my will in witness whereof the said Catharine Ballard have to this my last will and testament and one duplicate their of each contained in four sheets of paper set my hand and seal vide licit to the first three sheets their of my hand and to the fourth and last sheet thereof my hand and seal this third day of September in the year of our Lord 1839 – Catharina Ballard – signed sealed published and declared by the said testatrix Catharina Ballard has and for her last will and testament in the presence of us who at the same time in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses – John <????> Campbell – Henry Wyatt

 

I Catharina Ballard of the city of Bath widow and relict of Samuel James Ballard late a Vice Admiral in Her Majesty’s Navy do declare this to be a codicil to my last will and testament hereunto annexed and the same shall be considered and taken as part thereof. Whereas my late dear husband by his last will and testament in writing and bearing date on or about the 26th day of January 1828 gave and bequeathed unto his cousin John Spires of Christchurch in the county of Southampton Esquire and his friend Edward Dix Esquire a Captain in His Majesty’s Navy and to me his said wife the executors and administrators the sum of £4000 3% consolidated bank annuities upon trust to pay the annual produce thereof unto or permit the same to be received by me during the term of my natural life and after my decease directed that the same sum of £4000 3% consolidated bank annuities …

 

The next nine lines are largely illegible and appear to recite the trust clause from within the will of Samuel James Ballard and have not been transcribed.

 

Now I and the said Catharina Ballard in pursuance and by virtue and in exercise of the power to use for all purposes given by the said will of my late husband and of all such power and authorities whatsoever and <?????> in this behalf do by these codicil and which I declare shall be taken and considered as part of my will signed by me in the presence of and attested by the two responsible person is whose names are hereunto subscribed as witnesses direct and appoint and a trustee or trustees for the time being of the will of my said husband shall stand possessed of the aforesaid moiety of the said sum of £4000 3% consolidated bank annuities over which I have such power of appointment as hereinbefore recited all other the stocks funds or securities where upon the proceeds thereof shall for the time being be invested and the dividends interest and annual proceeds arising therefrom from and immediately after such my decease as aforesaid upon trust as to £1,000 3% consolidated bank annuities being one equal moiety or share for Maria Charlotte (one of the three children of my said dear husband hereinbefore referred to) now the wife of Robert Serjeantson of Snaith in the county of York clerk for her own sole separate and absolute use and benefit and totally independent and exclusive of the present or any future husband and as to £1000 3% consolidated bank annuities being the other or remaining moiety thereof upon trust for Anna Elizabeth the other of the said three children of my said dear husband hereinbefore referred to and now the wife of Thomas Coventry Branber Esquire for her own sole separate and absolute use and benefit and totally independent and exclusive of the present or any future husband. I hereby confirm that my said will in witness whereof I the said Catharine Ballard and to this codicil to my said last will and testament and to a duplicate here of each contained in two sheets of paper set my hand and seal vide licit to the first sheet thereof my hand and to this second and last sheet their all my hand and seal this fifteenth day of lying in the year of our Lord 1840 – Catharina Ballard – signed sealed published and declared by the said testatrix Catharina Ballard house and for a codicil to the last will and testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have subscribed our names as witnesses -- --

 

I Catharina Ballard of the city of Bath widow and relict of Samuel James Ballard late a Vice Admiral in Her Majesty’s Navy do declare this to be a second codicil to my last will and testament hereunto annexed and that the same shall be considered and taken as part thereof. I give and bequeath to my two sisters Susanna Crawley and Elizabeth Crawley all other wearing apparel household goods furniture plate and plates articles linen China whether ornamental or otherwise glass printed books paintings pictures prints trinkets and other personal ornaments wines liquors housekeeping provisions and all the other household effects which shall be in or about my dwelling house or of which I shall be possessed at the time of my decease (except such part or parts thereof as were the property of my said late husband and of which there is an inventory or schedule) equally to be divided between them share and share alike for their own absolute use and benefit. In all other respects I confirm my said will and codicil. In witness whereof I have hereunto and to a duplicate hereof set my hand and seal this nineteenth day of November 1840 – Catharina Ballard – signed sealed published and declared by the said testatrix Catharina Ballard has and for a second codicil to her last will and testament in the presence of us present at the same time who at the request in her presence and in the presence of each other have subscribed our names as witnesses – John Thomas Campbell – George J. Ballard clerks to Messers Mant & Harvey Solicitors Bath

 

I Catharina Ballard of the city of Bath widow and relict of the late Admiral Samuel James Ballard declare this to be a codicil to my will. I give to my servant Mary Brown £50 free of legacy duty in addition to a similar son bequeathed to her by my will. I give to my servant and Brown £30 free of legacy duty. I give to each of my servants Ann <Green> and Maria Harris if living with me and my death one years wages in addition to what may be due to each of them at my death and free of legacy duty (if any) I direct that suitable mourning in the discretion of my executors shall be supplied to each of my servants at the cost of my estate. And lastly I give to my sisters Susanna Crawley and Elizabeth Crawley absolutely as joints tenants all letters written and printed papers correspondence and diaries and memoranda of which I may die possessed and I request that they may be handed to them or the survivor of them by my executors immediately after my death. In all other respects I confirm my will and any codicils thereto in witness whereof I have hereunto set my hand this fourth day of November 1842 – Catharina Ballard – signed by the said Catharina Ballard as a codicil to her will in the presence of us present at the same time who in her presence and at her request and in the presence of each other have hereunto subscribed our names as witnesses – Peter Marriott <????> Bath – Henry J Mant Solicitor Bath.

 

Proved at London with three codicils 10th August 1853; admon granted to George Abraham Crawley Esquire and power reserved to Henry John Mant.