This is the last Will and Testament of me James Ballard of East Peckham in the county of Kent Butcher.  And I are point to the Frederick Monckton of East Peckham aforesaid hop planter and Hugh Wild of the same place seed crusher to be trustees and the executors of this my last will. I appoint my dear wife Mary Ann during her widowhood and after her death or marriage the said Frederick Monckton and Hugh Wild and the survivor of them are to be Guardian and a Guardians of my infant children I bequeath the household furniture plate and linen China and glass books pictures wine liquor fuel and housekeeping stores of which I shall be possessed to my said wife absolutely I also bequeath to my said wife the sum of £40.00 for her immediate use to be paid within 30 days after my decease.  I give to each of my executors the sum of £19.00 and 19 shillings as an acknowledgement for the trouble of executing my will to be retained immediately after they shall respectively prove my will I give all real and personal estate vested in me as trustee or mortgagee unto my said trustees upon such trusts and subject to such equities as shall be subsisting therein respectively.  I devise a of the messuage or tenement and land at east Peckham aforesaid wherein I now reside and the two cottages near thereto now in the occupations of James Hawkins and William Mercer as weekly tenants all of which said premises were formerly the estate of Oliver Luck and all or other the real estate to which I shall be entitled and my decease (except estates vested in me as trustee or mortgagee) and I bequeath the residue of the personal estate to which I shall be then entitled to unto and to the use of my said trustees Frederick Monckton and Hugh Wild their heirs executors or administrators and assigns respectively upon trust to sell my said real estate and so much of my said residuary personal estate as shall be of a saleable nature together or in parcels and by public auction or private contract with liberty to make any special or other conditions as to the title for evidence of title or otherwise and to buy in the premises at any sale by auction and two rescind either on terms or gratuitously any contract for sale and to resell without being answerable for any loss and to execute such instruments and assurances as shall be the requisite for effecting and completing the sale of my said estate and to get in there they are rest of my residuary personal estate and dispose of the net monies to arise from such a Wheeler and residuary personal estate (after payment thereout of my just debts and funeral and testamentary expenses and legacies and the expenses incident to the execution of the preceding trusts) according to the trusts hereinafter declared regarding the same nevertheless I give to my said trustees discretionary authority to postpone for such period as to them it shall seem expedient the sale of all or any part of my real estate and the getting in sale or conversion of such parts of my real or personal estate as shall consist of stocks funds and securities shares in securities companies or institutions or other primary investments of any description whatsoever and whether foreign or British real or personal permanent or determinable and also to let from year to year or for any term not exceeding 10 years in possession at the best rent and to insure repair and manage at their discretion the unsold real estate.  But I declare that from the time of my decease the unsold real estate and outstanding personal estate shall be held on the trusts hereafter declared concerning the said lets money is an the rents interest and any produce thereof shall be deemed annual income for the purposes of the same trusts and such real estate shall be transmissible as personal estate and be considered as converted in equity.  And I direct my said two trustees to stand possessed of the net monies to arise as aforesaid upon trust to permit my said wife to receive and enjoy the income thereof including the profits of my trade or business if carried on pursuant to the powers hereinafter contained or so long as she shall continue my widow for the maintenance of herself and the maintenance and education of my infant children and on her death or marriage then as well the capital as the future income thereof in trust for such child or children of mine then living and such issues then living of any child or children of mine then deceased has shall have attained the age of 21 years or be or have been married or shall attain at that age or married if more than one as tenants in common in a <ro???> distribution according to the stocks and not to the number of individual objects and so that the issue of a deceased a child shall be taken by way of substitution the share only which the parent would if living have taken.  And I empower my trustees after the death or marriage of my said wife to apply the whole or any part of the income of the contingent shares of the respective children and issue aforesaid in or towards their respective maintenance or otherwise for their respective benefit with regards to the ability of their respective parents if any to provide for them and I direct such trustees to accumulate the unapplied income and add the accumulation to the capital of the respective shares when the same shall have arisen and I empower my trustees to apply after the death or marriage of my said wife or in her life time with her consent in writing any part not exceeding a moiety of the capital of the continuing shares of the respective children and issue as aforesaid in or towards their respective advancement in life and in case they shall be no child or issue of a child who shall acquire a vested interest or vested interests in the said residuary estate under the bequests aforesaid then I give and bequeath the same or unto the person or persons who for the time being would be entitled to the same under the statute for the distribution of intestates estates if I had died intestate and unmarried. I empower my said trustees at any time or from time to time to sell and dispose of any stocks and bonds or securities where our nor any of my trust monies for the time being shall or may happen to be invested and to invest the money to arise from such sale in any other of the stocks all funds or any other government securities of the limited <?????> Or on mortgage of freehold estates in England or Wales and to vary or transfer the same as a location shall require or as I shall be thought fit I empower my trustees if they shall think fit to permit my said wife she the remaining at my widow to carry on any trade or business in which I shall be engaged and my decease and to use and supply or for that purpose such a part of my real and personal estate as I shall be the energy used <???????> <??????> therein with full power for my trustees two sir cease or diminish and their discretion the real and personal estate so used or employed and in the event of her dying or marrying or declining to carry on such trade or business vendor at the trustees for the time being of my will if they shall think of it may be another like manner carry on at the same for such period as they shall judge expedient hand and her sole discretion to discontinue the same.  I declare that the receipts of my said trustees to purchasers and others for monies paid to my said trustees shall be sufficient to discharge for the same and from all of liability to see to the application layer of I direct that might trustees shall have power at their discretion to settle any accounts and to wind up my affairs and in so doing to make such arrangements relative to the debts or demands that you or planned to be due to or from other my estate as they or he shall judge expedient with liberty to accept compositions or securities from and grant <????????> To debtors and wholly to release property mortgages or pledges <???> Part payment of the money secured and to <?????> the <????> Of creditors on evidence not strictly legal and to pay demands which have become part by any statutory or other limitations and also to submit questions and accounts to Arbitration and I declare that the provision hereby made for my said wife shall be accepted by her in full satisfaction of her claim to dower and free bench out of any real estate of which I have been worn out our more or shall be seized and in case my said to trustees or either of them shall die in my lifetime or shall on my decease renounce the trusts of my will or in case any trustee for the time being of my will shall die or become unwilling or are unable to act or shall cease to reside in England then I empower my said wife during her widowhood and after her death or marriage then of the surviving that or continuity trustee or in default of any such and the retiring trustee or the executors or administrators of the last deceased trustee as the case may be by any writing to nominate a new trustee or new trustees for the purpose of having such vacancy or taken C.s and such a new trustee or new trustees shall have the same powers in all respects as the trustees hereby appointed I direct that my trustees may deduct and eventually allow each to the other all his disbursements and expenses incident to the execution of my will and shall be responsible each for his own acts and defaults only and irresponsible for losses occurring without his wilful neglect or default and shall be indemnified we've or out of my Trust Property a against all liabilities consequential on the execution of my will and I declare that the previous clauses so far as very concerned that my trustees hearing before named shall extend and applied to the trustees and trustees are for the time being of my will.  Lastly I revoke all former wills and codicils in witness where of I the said James BALLARD the testator have hereunder set my hand and I have also set my hand to each of the three preceding sheets of this my last will and testament this third day of November in the year of our lord 1000 853 - James BALLARD - signed by the said James BALLARD the testator as his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed an names as witnesses -William Fell - Edward Giles } clerks to Mr. Monckton solicitor Maidstone.

Proved at London a 3 January, 1856 before the worshipful Frederick Thomas Pratt Dr. Of laws and surrogate by the oath of Frederick Monckton one of the executors to whom administration was granted having been first sworn duly to administer.  Power reserved of making a the like grant to Hugh Wilde the other executor when he shall apply for the same.