Probate Court |
Will dated |
20th December
1855
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Will probated |
24th March 1856
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In the name of god
amen. I John Ballard of number 59
Snow Hill Birmingham in the county of Warwick butcher being of sound and
disposing mind and memory and understanding but mindful of my mortality do this
20th day of December in the year of our lord 1855 make and publish in this my
last will and testament in manner and form following (that is to say) first I
will and a direct that all my just debts and funeral and testamentary expenses
be paid and discharged after which I do will and bequeath to my
dear wife Mary Ballard for the term of her natural life all and every my
trade stock in trade of trade debts household furniture goods chattels and
effects that shall or may be in or upon them my said premises at the time of my
death as well also all her money is being used as capital stock in the said to
trade at the time of my death and I do hereby direct my executors (hereinafter
appointed) that when my said wife shall depart this life to sell and dispose of
all and every the said trade stock in trade debts household furniture goods
chattels and effects and divide the proceeds thereof together with all moneys
that shall be employed as capital stock in the said trade or that shall or may
be in possession of my said wife at the time of her death between them my
three children (viz) Sally Ballard Martha Ballard and Mary Ballard share
and share alike. And I also direct
my executors out of the rents which shall from time to time be received from my
four houses situate and being numbers 1.2.3 & 4 in Clifton Terrace Clifton
Road in the parish of Rugby in the county of Warwick together with such part of
the profits of the said trade that my wife cannot conveniently apply to such
purpose is to pay and to continue to pay the contributions into the building
society at Rugby until the end or nearly the end of the said society so that my
executors shall be enabled to buy which I hereby authorise them to do the said
shares out of the said society to advantage and when my executors take or draw
out the said shares from the said building society they shall invest the sum of
£750 in some respectable bank for the benefit of my four children viz Emma
Ballard William Ballard Elizabeth Ballard and John Ballard to be divided
between them as follows to my daughter Emma the sum of £150 she having already
had £50.00 to my son William BALLARD the sum of £200 to my daughter Elizabeth
BALLARD £200 and to my son John Ballard the sum of £200 also that the day at
which the said Emma William Elizabeth and John receive the aforesaid residue of
money when John shall attained the age of 25 years and my said wife shall
receive the interest which shall become due from time to time from the said
investment until the <???> of the said 750 pounds as aforesaid and the
remainder of the said money so taken out or drawn from the said building society
shall be applied towards building six cottages (as hereafter provided) for to
repay any sum or sums of money advanced by my said wife from the said trade or
to any other person or persons who shall have advances for the said purpose of
building the said six cottages and I do hereby direct my executors as soon after
my death as convenient to build six cottages on the land at the back of the said
four houses in Clifton Terrace aforesaid and hold the said four front houses and
six back cottages in trust for the benefit of my three children (viz) Sally
BALLARD Martha BALLARD and Mary BALLARD to be divided as follows to my daughter
Sally BALLARD two front houses in Clifton Terrace numbers 1 & 2, to my
daughter Martha BALLARD one front house in Clifton Terrace number 3 and three of
the said back cottages to my daughter Mary one at the front house in Clifton
Terrace number 4 and the remaining three back cottages and the said Sally Martha
and Mary to receive the same as they severally attain the age of 21 years and
after the erection of the said six cottages my wife shall be entitled to receive
all and every the rents and emoluments arising out of and from the said four
front houses and six back cottages to enable her to educate and maintain any of
my said children that shall be under age until they shall each respectively be
entitled to receive the same in their respective shares as herein before
mentioned and should my said wife wish to retire from business then the said
trade goodwill and stock in trade shall be sold and the proceeds thereof be
invested in some respectable bank and my said wife shall receive £50.00 per
annum from the same until her death and the remainder to be divided between my
three children Sally Martha and Mary share and share alike and should my said
wife marry again she shall by such act and deed forfeit all claim to any part or
privilege (save and except per executorship as hereinafter provided) in this my
last will and testament and in such case I do direct my executors to sell all
and every the said trade stock in trade debts household furniture goods chattels
and effects and divide the proceeds thereof in the manner hereinbefore described
as in case of my wife's death and also in such case my executors shall receive
the said rents and emoluments arising out of and from the said four front houses
and six back cottages and see that the same be applied as hereinbefore described
in case of my said wife’s death and also in such case to see that my will is
duly executed in respect to each and every clause matter and thing therein
contained and I do hereby direct that my said three children Sally Martha and
Mary shall not sell the said houses hereby given unto them but that the said
houses are to remain unto them and their heirs forever and if my said wife shall
at any time or times lend or advance monies to any of my four children Emma
William Elizabeth or John before they shall become entitled to their several
sums of money it shall be lawful for my executors to deduct the same from their
respective shares and I do hereby ordain constitute and appoint my said wife
executrix and my friends Henry Powell of 95 Snow Hill Birmingham aforesaid
Draper and John Smith of Bubbenhall in the county of Warwickshire carpenter and
licensed victualler to be executors to this my last will and testament thereby
revoking all former and other wills and testament by me at any time heretofore
made. And in witness where of I have
to this my last will and testament have set my hand and seal the day and year
first herein before written - John Ballard (LS) - signed sealed published and
declared by the said testator John Ballard 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 here unto subscribe to an names as witnesses here
two -William Field 6 Church Street Birmingham - George Paste Snow Hill
Birmingham -Parker Taylor Snow Hill Birmingham.
Proved at London 24th March, 1856 before the judge by the oath of Mary Ballard widow the relic that of an John Smith two of the executors to whom administration was granted having been first sworn at by commission duly to administer. Power reserved of making the like grant to Henry Powell the other executor when he shall apply for the same.