Probate Court |
Will dated |
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Will probated |
Sealed this thirtieth day of September 1817.
This is the last will and testament of me James Ballard
of Gorleston in the county of Suffolk mariner. I appoint William Palgrave the
younger of Great Yarmouth in the county of Norfolk esquire John Knapp of
Gorleston aforesaid wheelwright and Mary Ballard my wife
executors hereof and I give to each of them the sum of £10.00 for their
respective care and trouble in the execution hereof and I direct all of my just
debts and funeral and testamentary expenses to be paid and satisfied as soon as
can be after my decease but I particularly request that the expenses of my
funeral may not exceed the sum of £20.00 and I give and bequeath unto Mary
Ballard my dear wife during her life the use of but not the property of all and
singular my household furniture and implements of household she keeping the same
insured against fire in the sum of 100 pounds and I direct my executors to
convert all other my personal estate into money and I give and bequeath unto
Mary Williams the wife of Carter Williams of the city of London the sum of £19.00
and 19 shillings to be paid unto her own hands for her own sole use and disposal
and I direct that her receipt alone shall be a good discharge for the same and I
direct that the aforesaid legacy shall be retained and paid within six months
after my decease. And I give and
devise unto my said wife and her assigns during the term of her natural life of
those of my two dwelling houses with the edifices buildings yards grounds and
appurtenances belonging situate in Gorleston aforesaid and now in the several
occupations of myself and Simon Evans she my said wife and her assigns during
that time keeping of the Seine in good and <tenantable> repair and insured
against fire in a somewhat not less than 200 pounds and committing and remitting
no waste there in. And I Trust my
said executors and the survivors and survivor of them to place such sum of money
at interest upon Government or good mortgage security as will be sufficient to
provide an annual interest or dividend of £50.00 and which interest or dividend
Wayne and as the same shall be provided shall be paid to my said wife during her
life and shall be for her soul and seperate use and benefit gent of the
comptroller and engagements of any one. And
I give to each of my sons on his attaining the age of 19 years the sum of 300
pounds and I give to each of my daughters on her attaining the age of 21 years
or on the day of marriage under that age with the consent in writing of my said
executors the sum of 300 pounds and I direct that the residue of the same monies
after retaining sufficient to produce the said annual interest of £50.00 to my
said wife as aforesaid shall be equally divided amongst my children and that the
share of each shall be payable to them respectively at the times hereinafter
mentioned vizt. The share of each of
them being a son of his attaining the age of 21 years and the share of each of
them being a daughter on her attaining the age of 21 years or on the day of her
marriage under that age with the consent in writing of my said executors and I
direct my said executors and the survivors and survivor of them his executors or
administrators untill each respectively of my children shall have obtained a
vested interest in his or her said respective share or legacy in the stocks
funds and securities in or upon which the same and shall be invested apply the
whole or at competent are part of the interest and income of the same in or
towards the maintenance education and advancement in the life of the child to
whom the same shall presumptively belong and it is my will that the surplus if
any of such interest and income shall be improved at interest with the share or
principal from which the same shall proceed and follow and be subject to the
disposition by this my will made of such share or principal and I direct my
<???> Executors or the survivors or survivor of them as soon as
conveniently can be after the deceased of my said wife to make sale and dispose
of all those mine aforesaid two dwelling houses with the edifices buildings
yards grounds and appurtenances there unto respectively belonging situate in
Gorleston aforesaid and now in the usual occupation of myself and Evans either
together or in parcels and by public or private sale or sales or the best price
and most money that can be cut and for the same and to convey and assign the
same premises on to the purchaser or several purchasers where of I and his or
their <S????> Or such other <???> And in such are the manner as such
a purchaser or purchasers shall direct or appoint.
And I authorize and direct them at my said executors or the survivors or
survivor of them his or her executors or administrators to receive the rents and
profits of the same land and her editor ments untill such sale or sales I also
was the rise and direct them up my said executors to sell and dispose of the
aforesaid furniture and implements of household.
And I direct that the money arising from the sale of the aforesaid
dwelling house and furniture and the money that shall have produced the said
annuity of £50.00 and all are other my personal estate shall are as soon as can
be after the deceased of my said wife be equally divided amongst my said
children and be payable to them at the times hereinafter mentioned vizt.
The share of each of them being a son on his attaining or having attained
the age of 21 years and the share of each of them being a daughter on her
attaining or having attained the age of 21 years or on her day of marriage with
consent as aforesaid provided nevertheless and I do hereby declare that in case
any or either of my said her daughters shall marry under the age of 21 years and
with out and such consent as aforesaid then it is my will and I declare that
such daughter so marrying shall forfeit the share or legacy shares or legacies
hearing before bequeathed to her and the same legacy or share is shall
immediately after such married be laid out and invested by and in the names or
Name-Marr of my said executors or their survivors or survivor of them his
executors or administrators long government or good Mortgage Security and upon
such trusts and for such interests as they aim my said executors or the
survivors or survivor of them his or her executors or administrators shall
Deanna most for the interest of such daughter and so has that the husband of
such daughter shall have no management or control over the same or the interest
or dividends all proceeds thereof with full power for the trustees of such money
to vary such security or securities as they or their survivors or survivor of
than his executors or administrators shall deem proper and I further to Clare
that if any of my said children shall die as to her son not under the age of 19
years and as to a daughter under the age of 21 years and without having been
married then the several parts shares and legacies hearing before given to them
respectively so dying shall belong to and be held in trust for the survivors and
survivor of them and that each of my sons are on his attaining the age of 19
years and IGI of my daughters on her attaining the age of 21 years or marrying
before then with such consent as aforesaid shall have <????> It rests
there in (only if in respect of my said daughters marrying are under 21 without
consent to the provisions hearing before set forth in that <???>) and my
will is that the receipt all receipts of my said the executors or the survivors
or survivor of them or the executors or administrators of such survivor shall be
a good discharge or good discharges for the consideration money which shall be
agreed to be paid for the purchase of the several <??????> And promises
respectively which shall be sold under the directions attained in this my will
and that the purchaser and several purchasers of the same hereditaments and
premises respectively shall not to be answerable for the misapplication or
nonapplication of the said purchase money or any part thereof.
And I authorize my said executors and a the survivors and survivor of
them his executors or administrators you refer or join in referring to
arbitration and <?????????> Any matter connected with the executors ship
hear of and perform <????> award to be made in pursuance of any such
<re?????> and also to settle all debts and amounts relating to the said
executorship and if they shall deem proper so to do to <????> Part in
discharge of the hole and to give discharges for that act in respect of which
the composition shall be received. And
I hereby declare that the executors and trustees are appointed by this my will
shall not be answerable one for another of them all for the signing of any
receipt or receipts for the sake of conformity or for any insolvency or loss
whatsoever not happening by their wilful and that it shall be lawful for them
respectively reimburse themselves and each other their costs and expenses in
discharging the trust's he abide opposed in them respectively and lastly I
hereby revoke and make void all former wills by me made in witness whereof unto
this my last will and testament pained and were it not for sheets of paper again
the annexed either said James Ballard the testator have to each sheet thereof
set my hand and seal the day and year first above written Jas Ballard (LS)
signed sealed published and declared by the above SH and James Ballard the
testator as an for his last will and testament presence of us who in his
presence at his request and in the presence of each other have here unto
subscribe to an names as witnesses H.V Worship ?--? Thos. Garwood ?--? John
Beast Sr.
Approved at London 20th November, 1822 before the judge by the oaths of William Palgrave the younger esquire John Knapp and Mary Ballard widow the relict the executors to whom the administration was granted they having been first sworn by com. duly to administer.