In
the Name of God Amen.
I
John Ballard of the parish of Portbury in the County of Somerset Gentleman being
in a bad state of health but of sound and disposing mind memory and
understanding do for the settling of my Wordly Affairs and <??ourt???> and
for the disposition of my estates both real and personal make publish and
declare this my last Will and Testament. I give and bequeath unto my most dear
and well beloved wife Susan Ballard All my
household furniture goods and implements of household plate <Lim???>
<?????> ware books pictures and prints which I shall die possessed of And
also my carriage and horses to be used and enjoyed by her during her widowhood
and afterwards applied and disposed of unto and equally between our dear
children at such times and in such manner as my executors after named shall
think proper. I give and devise unto my very worthy and much respected friends
Richard Bright of <Bangroon> within the parish of Portbury aforesaid
Esquire William <Cave> of the City of Bristol Druggist and Harry Place of
the parish of Mamhill[1]
in the county of Dorset <take> all and <every> my freehold Messuages
Lands Tenements and hereditaments _ _ _ _ _ and parts and shares of freehold
lands tenements and hereditaments situate lying and being within the several
counties of Gloucester Somerset and Monmouth or either of them or
<???????> in that part of Great Britain called England either in
possession Reversion Remainder or <ex/xrta?ry> and all my right title and
interest therein or thereto either at Law or in Equity And I also Give and
bequeath unto the said Richard Bright William <East> and Harry Place all
and singular my Leasehold Estate or estates or land for term of years absolute
or determinable with <???> and also all monies securities for money and
all other my personal estate property and effects whatsoever and wheresoever
(except such parts thereof as I have hereinbefore or by any codicil or codicils
to be by me hereafter made shall specifically give bequeath or dispose of) To
have and to hold the said <Free> and Leasehold estates and also the said
personal estate chattels property and effects (except as before expressed) to
them the said Richard Bright, William <East> and Harry Place their heirs
executors administrators and assigns for and during and according to the true
nature or tenures of the said several estates rights and interest <????> I
have therein to for and upon the several provisions and limitations hereinafter
by me declared concerning the same that is to say as to and for and concerning
my said personal estate and effects upon trust and to the intent that they the
said Richard William East and Harry Place and the survivors and survivor of them
and the executors or administrators of such survivor do and shall with all
convenient speed after my decease sell and dispose of and turn into money and
with the like convenient speed collect and get in all such debts and sums of
money as shall be due and owing to me at my death and by and out of the monies
in hand and arising from my said personal estate do and shall in the first place
pay and discharge all my funeral expenses and the charges of proving this my
will and all other necessary expenses attending the same and all such debts as
shall be justly due and owing by me at the time of my decease and from and after
the several payments aforesaid then as to the residue or overplus of the said
monies to place out and continue the same at interest in their own names or in
the names or name of their survivors or survivor of them in or upon freehold or
leasehold messuages lands or hereditaments in that part of Great Britain called
England by way of mortgage or in or upon Government Funds Stocks or securities
or <????> of <???> as he or they shall think proper And upon further
trust that they the said Richard Bright William Cave and Harry Place and the
survivors and survivor of them and the heirs executors and administrators of
such survivor so and shall permit and suffer my said dear wife during her life
(in case she shall so long continue my widow and unmarried or otherwise whilst
she shall continue my widow) to have receive and take the <????> issues
and profits of my said freehold and leasehold estates and also the interest
dividend and produce arising from the surplus of my said personal estate so
directed to be placed out at interest as aforesaid where and as the same
<???> or issues dividends and profits shall become due and payable she my
said wife nevertheless paying and discharging thereout the expense of educating
<???> thing maintaining and <Breeding> up of all and every the child
or children by me on the body of my said dear wife begotten whether come in my
life time or after my decease in suitable and proper manner and of whose
<pas???> I do hereby appoint my said wife guardian and <?????>
accordingly and also paying thereout unto William Grivers? after he shall be
rendered unable by sickness or otherwise to support himself by his labour weekly
<and> every week during his life the sum of three shillings for his
maintenance and support and from and after the death or second marriage of my
said wife which shall first happen then as to for and concerning my said
freehold and leasehold messuages lands tenements and hereditaments and also the
said residue or overplus monies (subject to the weekly payment aforesaid to the
use of and in trust for all and every the child ad children by law on my said
wife begotten whether born in my life time or after my decease who shall live to
attain the age or ages of twenty one years equally to be divided and
<?????> or among them share and share alike as tenants in common and not
as joints tenants and to their several and respective hers executors
administrators and assigns for ever. And in case their shall be but one such
child who shall live and attain to the age of twenty and one years then to the
use of and in trust for such only child when and as he or they shall attain his
or their said age of twenty one years his or her heirs executors administrators
and assigns respectively for ever and in case there shall be no such child or
children by me on my said wife begotten born in my life time or after my decease
who shall live and attain his her or their said age of twenty one years then to
the use of an in trust for my said dear wife Susan Ballard in case she shall be
<?????> living her heirs executors administrators and assigns but in case
my said wife shall be then dead then upon further trust that they my said
trustees and the survivors and survivor of them and the heirs executors and
administrators or such survivor do and shall pay and apply the <?????> and
profits of my said freehold and leasehold estates and also the interest
dividends and produce of the residue or overplus of my personal estate unto and
for the use and benefit of my sister Patience Ballard
(who at this time is under an insane state of mind) if she be then living
for and during her natural life in such manner as my said trustees shall think
best And from and after the decease of my said sister then upon further trust
that they my said trustees and the survivors and survivor of them and the heirs
executors or administrators of such survivor do and shall thereupon with all
convenient speed sell and dispose of all my said freehold and leasehold estates
and all my right title and interest either at law or in equity therein or
thereto in such parts or parcels and such manner as they shall think proper to
such person or persons for the best price or prices in money that can or may be
had or gotten for the same and as well by and out of the Monies to be raised by
such sale as by and out of the residue or overplus of my said personal estate
property and effects do and shall pay and discharge the following legacies or
sums of money if the respective legatees hereinafter named shall then be living
(that is to say) to retain to themselves the said Richard Bright William Case
and Harry Place the sum of one hundred pounds each of lawful money of Great
Britain to Richard Wilkins of the parish of Saint Georges in the county of
Somerset clerk and to his brother George Wilkins of the parish of Saint Michael
in the city of Bristol Clerk one hundred pounds each of like money to Mrs
Elizabeth Bond and to Mrs Goddard wife of Thomas Goddard of the parish of Long
Ashton in the county of Somerset clerk one hundred pounds each of like money to
the treasurer for the time being of the Bristol Infirmary for the use of the
said infirmary the sum of two hundred pounds of like money to Miss Elizabeth
Morgan eldest daughter of Thomas Morgan of Saint Georges aforesaid esquire the
sum of one hundred pounds of like money for her own use and also the sum of one
hundred pounds of like money to be by her disposed of for such charitable uses
and purposes as she shall think proper to Thomas <Ri??b???> clerk to the
present Curator of Portbury aforesaid one hundred pounds of the like money to
Thomas Taylor the natural child of a young woman who was lately in my service as
housemaid fifty pounds of like money to the two daughters of Samuel Watts late
of Pill Attorney at Law twenty pounds each of like money to my nephews John
Place and Harry Place the two sons of the said Harry Place one of my before
named trustees the sum of five hundred pounds each of like lawful money to my
friend James Hughes of the City of Bristol Attorney at Law one hundred pounds of
like money to the said Richard Bright William <Case> and Harry Place the
father the sum of three hundred pounds of like money in trust to place and
continue the same at interest upon such security or securities as they or the
survivors or survivor of them or the executors or administrators of such
survivors shall think proper and to pay the interest and produce thereof as the
same shall be received unto Richard Brimble of the
parish of Nailsea Tyler for and during the term of his natural life and
from and after his decease then to pay and divide the said sum of three hundred
pounds unto and between all and every the child and children in sharing to
represent their deceased parent or parents only to each my said trustees the sum
of <two> hundred pounds of like money in trust that they and the survivor
or them and the executors or administrators of such survivor do and shall place
and continue the same out at interest upon securities as last mentioned and pay
the interest and produce thereof as received unto Mrs
Anne Allport of Weymouth in the county of Dorset widow for and during the
term of her natural life and from and after her decease to pay and divide the
same sum of <two> hundred pounds unto and between her <two>
daughters equally share and share alike to the said Richard Bright three hundred
pounds of like money over and above the sum of one hundred pounds hereinbefore
directed to be retained by him And all the rest and residue of the monies
arising by sale of my said freehold and leasehold estates and the overplus of my
personal estate after the several payments before mentioned I give and bequeath
the same and every part thereof unto the said Richard Bright and William Cave
upon trust that they and the survivor of them his executors or administrators do
and shall place and continue the same at interest upon Government Securities or
such other securities <????> or personal as he or they shall think proper
and pay the yearly interest and produce arising therefrom as the same shall be
received unto or otherwise <p????> the same to be had received and taken
by the said Harry Place the father and his assigns for and during the term of
his natural life and from and after his decease by Jane Place the now wife of
the said Harry Place the father and her assigns for and during the term of her
natural life And from and after the several deaths or deceases of the said Harry
Place the father of the said Jane his wife then upon trust to pay and divide
such residue and remainder of the said monies and the interest then due thereon
unto the son equally share and share alike And I do hereby nominate constitute
and appoint the said Richard Bright William Cave and Harry Place the father
joint executors in trust of this my will and also Guardians of the persons of
all my dear children until they shall attain the age of twenty one years in case
my said wife shall happen to die or intermarry with a second husband during
their minorities and it is my particular desire and request that all Business
necessary to be done in the Law in respect to any of my affairs shall be under
the direction of and be transacted by my said friend the said James Hughes of
whose integrity steadiness and uprightness I have <////> most complete
knowledge and confidence provided always and my will and meaning is that if my
said personal estate shall not be fully sufficient to pay and satisfy all my
just debts funeral expenses and the charges of proving this my will then I do
hereby authorise and empower my said trustees or the major part of them and the
survivors and survivor of them and the heirs executors or administrators of such
survivor by sale or mortgage of the said estates hereinbefore
mentioned to be situate in the county of Monmouth or of a
<competent> part thereof to raise such sum or sums of money as shall be
sufficient for payment and satisfaction thereof And I do hereby authorise and
empower my said Trustees and the Major part of them and the survivors and
survivor of them and their executors or Administrators of such survivor from
time to time during the continuance of the said Trusts when and as often as he
or they shall think fit to change or later all or any of the <funds>
stocks or securities <????> or <????> upon all or any part of the
said Trust Monies shall be from time to time lent or placed by selling out or
assigning or calling in and compelling payment of the Monies due thereon and
again to put and place out the same Monies at interest in manner aforesaid on
other freehold or leasehold messuages lands or hereditaments or other Government
funds stocks or securities during the trusts aforesaid and stand possessed
thereof upon the same trusts <????> intents and purposes before mentioned
provided also and I do hereby authorise and empower my said Trustees and the
Major part of them to advance and pat from time to time by <???> out of
the residue or overplus of my said personal estate or by mortgage of my said estate
in Monmouthshire aforesaid any sum or sums of money for placing out such
of my children who shall be a son or sons as an apprentice or apprentices to any
trade or profession the choice of which trade or profession and the
apprenticeship fee or fees I leave wholly to the discretion and prudence of my
said trustees provided also that if any or either of such sons shall leave fully
completed his apprenticeship term and my said trustees or the major part of them
shall think it prudent for him or them to engage in Business either on his or
their own separate account or in co-partnership then I do herby authorise and
empower my said trustees or the major part of them by and out of the surplus of
my said personal estate and effects or by sale and mortgage of my said freehold
or leasehold estates or of a competent part thereof to raise and pay to such of my
said sons who shall be so settled in Business with such approbation as aforesaid
the sum of two thousand pounds of lawful money of Great Britain each and
every of my said sons for whom of for whose use such Monies shall be so advanced
at the time of payment thereof executing and delivering unto
my said Trustees a Bond or Obligation with sufficient penalty for payment
of the interest thereof at and after the rate of four pounds per centum per
annum unto my said trustees for the use and benefit of my said wife in case she
shall be then living and shall not have intermarried with a second husband in
such and the like manner during her life as the rents and profits of the said
freehold and leasehold estates and the interest and produce of the residue or
overplus of my said personal estate and effects are hereinbefore directed to be
paid to her provided also and it is my further will that they the said Richard
Bright William Cave ad Harry Place the father and the survivors and survivor of
them and the heirs executors or administrators of such survivor shall not be
answerable or liable to make good any casual or involuntary loss of all or any
part of the trust estate and promises aforesaid happening without his or their
wilful default not for any more of my personal estate and effects than what
shall fairly and honestly come to them or any of their hands nor for the defect
in or insufficiency of any <????> <?????> all or any part of the
said monies shall from time to time be placed happening without their or any of
their wilful default And that it shall and may be lawful to and for the said
Richard Bright William Cave and Harry Place and the survivors and survivor of
them and the heirs executors and administrators of such survivor by and out of
the said trust estates or the rents <????> and produce thereof to deduct
retain and reimburse themselves all such costs charges and expenses whatsoever
while he or they shall or may pay bear satisfy suffer sustain or be put unto for
or by reason of the trusts hereby in them reposed or the management or execution
thereof or any thing any way incident or relating thereto and shall from time to
time by and out of the said trust estate and premises be well and sufficiently
saved kept harmless and indemnified of from and against the same And lastly I do
hereby revoke and make void all former and other wills by me at any time
herebefore made and so declare this to be my last will and testament In witness
whereof I the said John Ballard have to this my last will and testament
contained in this and the seven preceding sheets of paper affixed together set
my hand and seal to wit my seal at the top of the first sheet where all the said
sheets are so affixed together and my hand at the bottom thereof and of all
other the preceding sheets and to this last sheet my hand and seal this fourth
day of April in the year of our Lord One Thousand Seven hundred and eighty six
John Ballard signed sealed published and declared by the said John Ballard as
and for his last will and testament in the presence of us who in is presence and
in the presence of each other have subscribed our names as witnesses the
interlineation and alteration appearing in the first sheet respecting furniture
carriage and horses having been first made. Hamish Kirland; Joseph Hall; John
Price.
This will was proved at