Repository Name

Public Record Office

Repository Reference

PROB 11/1586/255

Probate Court

Prerogative Court of Canterbury

 

James Ballard

Wateringbury, Kent

 

Will dated

16th March 1808

 

 

Will probated

3rd December 1816

 

This is the last will and testament of need James Ballard of Wateringbury in the county of Kent gentleman. First and most principally I commend my soul unto the hands of Almighty God my creator and my body I commit to the earth to be decently buried at the discretion of my executors hereinafter named and as for such worldly estate as it hath pleased God to bless me with I give and dispose thereof as follows (that is to say) in the first place I order and direct that all such just debts as I shall owe at the time of my decease my funeral expenses the costs of proving this my will and all other incidental charges shall be paid and satisfied with all convenient speed after my death and I do here by give and devise unto my wife Elizabeth Ballard[i] her heirs and assigns all my messuages lands tenements hereditaments and real estate and parts and shares of messuages and lands tenements hereditaments and real estate whatsoever and wheresoever and of what nature kind or quality soever of which I am now seized in possession reversion remainder or expectancy to hold the same and every part thereof unto my said wife Elizabeth Ballard and her assigns for and during the term of her natural life she keeping the same in tenantable repair and from and immediately after her decease I give and devise and the same and every part thereof with the appurtenances unto my daughter Elizabeth Smith wife of the Reverend John Smith of Eltham in the county of Kent clerk[ii] to hold the same unto and to the use of my said daughter Elizabeth Smith and of her heirs and assigns for ever also I give and bequeath unto my sister Katherine Stace[iii] the sum of £10 of lawful British money to be paid to her within six months next after my decease by my executors hereinafter named also I give and bequeath unto my said wife Elizabeth Ballard her executors administrators or assigns my two leasehold farms situate in the be several parishes of Nettlestead and Mereworth in the said county of Kent now in my own occupation which I hold and <?????> under a demise granted to me thereof by the late Sir Charles Booth knight deceased together with all of the said lease and the term of years which shall be to come and <?????> at the time of my decease and all my estate and interest therein and also all and sundry my wagons horses carts carriages ploughs harrows and implements of husbandry together with all other my stock and effects of husbandry whatsoever description which shall be in about or belonging to my said farms at the time of my decease. And also all my plate linen and China beds bedding household furniture and implements of household whatsoever to hold the said <?????> unto my said wife her executors administrators and assigns for or during the <?????> which shall be to come and unexpired therein at the time of my decease she and they paying the rents and performing the covenants <?????> and contained on the tenants <????> half to be paid to repairs <?????> and performed and to hold the same the said stock and effects and household furniture unto my said wife her executors administrators and assigns as and for her and their own proper goods and chattels absolutely also I give and bequeath unto my friend Robert Brattle of Wateringbury aforesaid Miller and and John Miller of Bowhill in the parish of Yalding in the said county of Kent Farmer all my <?????> and securities for money and all of the rest residue and remainder of my goods chattels effects and personal estate whatsoever and wheresoever and of what nature kind all quality soever to hold the same unto the said Robert Brattle and John Miller their executors and administrators upon the several trusts following (that is to say) upon trust that they the said Robert Brattle and John Miller and the survivor of them and the executors or administrators of such survivor shall and do with all convenient speed after my death convert all <?????>  and <?????> of my property of whatsoever description hereinbefore not disposed of unto <????> and then upon trust that they the said Robert Brattle and John Miller do and shall place out the said money and all other my ready moneys at interest on real or government security in their names or in the name of the survivor of them his executors or administrators and do and shall vary and transpose the securities <?????> and <?????> to <?????> on which the same shall be so placed out as after as the <?????> shall <?????> the <?????> or their of proper and upon trust that they the said Robert Brattle and John Miller and the survivor of them and his executors and assigns do and shall pay or otherwise permit and suffer my said wife Elizabeth Ballard and <?????> her assigns to have receive and take the interest dividends and produce of the said principal trust <?????> by two equal half yearly payments for and during the time of her natural life and from and immediately after her decease upon trust to pay assign and transfer the said principal trust monies and the securities which shall be then <?????> for the same unto my said daughter Elizabeth Smith but in case the said Elizabeth Smith shall depart this life in the life time of my said wife Elizabeth Ballard thereupon <?????> that and <?????> said trust <???> the provision <??????> executors or administrators and do and shall pay assign and transfer the said principal trust monies and the securities taken for the same unto my said son-in-law John Smith but if both my said son-in-law and my said daughter shall depart this life in the life time of my said wife Elizabeth Ballard then upon trust that they my said trustees and the survivor of them his executors or assigns do and shall <?????> and transfer the said principal trust monies and the securities thereon for the same unto and equally between and amongst all and <?????> their children of my said daughter Elizabeth Smith lawfully begotten share and share alike and <?????> paid assign or <?????> to them and <?????> their respective age of 21 years <?????> <?????> <?????> in the <????> in this <?????> <and> or so much thereof as my said trustees shall think in <?????> to be applied towards the maintenance and education and in case any are either of my said grandchildren shall happen to depart this life before he is her or their share or shares of and in the said trust <?????> shall become payable <?????> leaving any <???> of his her or their issue of his her or their body or bodies lawfully begotten <?????> <?????> to pay assign or transfer the part or shares or parts or shares of he or her all that then so dying without lawful <?????> unto the survivors or survivor of my said grandchildren if <?????> <?????> one such survivor share and share alike and the <?????> <?????> before <?????> but if any or <?????> of my said grandchildren <?????> shall have lawful issue surviving then each? Such case I do hereby give and bequeath the part or share or parts or shares of such grandchild all grandchildren so dying unto his her or their child or children<?????> and share and share alike <?????> <?????> that the issue of any deceased child or children <?????> had all <?????> <?????> any <?????> or <?????> share or <?????> <?????> <?????> <?????> <?????> he is her or their <?????> <?????> deceased parent or parents respectively within hath been entitled to receive give and living provided always and my will is that it shall and may be lawful to and for my said trustees and executors administrators and their <?????> and heirs executors and <?????> to retain to and reimburse themselves himself or herself and to allow to his her and their <?????> <?????> and trustees respectively out of any of the trust money or property which shall come to their <?????> all and of <?????> <?????> all such reasonable costs charges issuing and <?????> as they any <???> <?????> three shall actually <?????> <?????> <?????> it unto <?????> <?????> of the trusts <?????> and this <?????> disposed and <?????> <???> <?????> in the <?????> be answerable or accountable for the <?????> <?????> of them at all former <?????> <?????> executors administrators and <?????> all payments of the other or others of them but each of them for himself and herself and his and her own acts deeds receipts and payments only and not otherwise nor for any loss or losses which shall or may happen in or to the said Trust monies or effects unless the same shall be or happen by or through his her or their own wilful and neglect or default and lastly I do hereby make constitute and appoint my said wife Elizabeth Ballard and said son in law John Smith joint executrix and executor of this my will and <testament> and revoking all former and other wills by me at anytime heretofore made I declare this only to be my last will and testament in witness whereof I the said James Ballard the testator have to this my last will and testament contained in five sheets of paper set my hand and seal (that is to say) to the first four sheets thereon my hand and to this fifth and last sheet thereof my hand and seal this sixteenth day of March in the year of our Lord 1808 James Ballard signed sealed published and declared by the said James Ballard the testator as and for his last will and testament in the presence of us in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto John Crowther John Marlow Richard Crow.

 

Proved at London 3rd December 1816 before or the worshipful Samuel <???> parson Doctor of Law and surrogate by the oath of the Reverend John Smith clerk one of the executors to whom admon was granted he having been first sworn duly to administer power reserved to Elizabeth Ballard widow the relict the other executor.



[i] James Ballard was married to Elizabeth who was also appointed executrix and was still living on 3rd December 1816.

[ii] James Ballard had a daughter Elizabeth who was married to the Reverend John Smith of Eltham. There is a marriage for Elizabeth Ballard to John Smith at Eltham, Kent on 30th April 1798.

[iii] James Ballard had a sister Katherine who was married to a Mr. Stace. Catherine Ballard married Jeremiah Stace in  Horsmonden, Kent on 5th October 1764.