Probate Court

Prerogative Court Of Canterbury

 

Will dated

6th September 1794

 PROB11/1263/43

 

 

Will probated

4th July 1795

  

 

I John Ballard of Lee Chapel in the county of Essex but now of Tottenham Court Road in the county of Middlesex Esquire to make and ordain this to be my last Will and Testament I desire to be buried near the place where I shall die in a plain frugal manner I direct my funeral expenses to be first paid then my just debts afterwards the annuity hereafter provided for my beloved wife <Mary> Ballard and then the charge of the maintenance and education of my son James Buckland Ballard and lastly the legacies bequeathed by me in manner hereinafter directed whereas certain articles of Co partnership exist between me and James Watkins of Manchester which will at large appear by referring to the indenture thereof bearing date on or about the third day of April 1793 executed by myself and the said James Watkins now I do hereby as far as <in me lies> further ratify and confirm of the said indenture of co partnership now my will is that the co partnership concern as thereby established do continue for the term and according to the conditions agreements and institutions in the said indenture of co partnership limited and specified I give to my said wife the sum of 10 guineas to be paid to her immediately after my decease I give to her all my plate and linen China apparel household goods furniture and <????> <?????> Which shall be in my house or place of abode in her custody at the time of my decease I give further to my said wife one clear annuity or yearly sum of £20.00 for and during her natural life to commence from the day of my death and to be paid to her by even quarterly payments and in case she shall out live the term of my co partnership with the said James Watkins then I direct my executor hereafter named forthwith upon the dissolution of the said co partnership to set apart and invest in government or real security such a sum of principal money as will be sufficient by the annual proceeds interest or dividends thereof to pay unto my said wife one clear annuity of £20.00 for and during her natural life as aforesaid <????> Bequests I make to her over and besides whatever other sum and sums of money to which she may be in any wise entitled at the time of and after my decease yet upon condition that she had do accept the same in full discharge and satisfaction of all right she now hath or hereafter shall have to dower or thirds or other provision of a similar nature but of my estate to my son Martin Ballard I give the sum of 100 pounds upon condition that he previously to the payment thereof execute a full release to my said executor of all claims and demands whatsoever upon me or my estate to my son James Buckland Ballard I give 1000 pounds to be paid to him on his attaining the age of 21 years to my son Theophilus Tudor Ballard I give 300 pounds to my esteemed friend Charles Watkins of Falcon Street London I give 150 pounds in consideration of the services he has <???> rendered to me and of the service he will further render to me in executing and performing the trusts of this my Will to Mrs. Watkins of Repton in the county of Derby I give 50 pounds as a token of my regard for her care and attention to my son James to Mrs. Mary Watkins of Garlick Hill in the city of London widow I give £10.00 to Thomas Hurstbourne the younger of Packington in the county of Warwick I give £10.00 to my brother in law Richard Lobb I give £50.00 and four guineas for mourning I direct that these legacies do bear interest at £5.00 per cent from the day of my decease to each of my sons who shall be living at my death I give a suit of mourning to the said Charles Watkins Mary Watkins his wife James Watkins and Walter Watkins his brother I give five guineas a piece for morning my will is that my executors to pay for the maintenance and education of my son James Buckland Ballard during his minority over and besides the said principal sum of 1000 pounds and the interest thereof nevertheless that my said executor be empowered to appropriate such part of the said principal sum of 1000 pounds and the interests thereof towards the promotion and <???> advancement in the world of my son James as in his discretion shall be deemed proper and expedient so that the sum to be is appropriated does not exceed 100 pounds after payment or sufficient <????> made for the regular payment of the said annuity of £20.00 to my said wife of the charge war extends for the maintenance and education of my said son James Buckland Ballard and of the interest payable in respect of the several legacies before given then I direct that all such principal money interest accrual or other such profits emoluments and effects whatsoever which from time to time shall come into the custody or receipt of my said executors shall be laid out and invested in government or real security and their suffered to remain and accumulate for so long time as the directions of this my will shall not require the application thereof I desire when and as often as a sum of money shall have accumulated sufficient to pay £5.00 per cent up on the said respective legatees at my executor to then pay £5.00 per cent to such of the legatees entitled to receive the legacies given to them and to retain or <???> £5.00 per cent in respect of the legacy give them to my said sum James Buckland Ballard for his use until he shall arrive at the age of 21 years as aforesaid which said pavements of five per cent shall be in part discharge of the principal money due on the said legacies respectively as to all of the residue of my property whatsoever and where so ever both real and personal I direct that the same in case it shall not exceed 400 pounds to be distributed to and amongst any one or more of my sons who shall be living at the time of my death either wholly or in such shares as my said wife shall by her last Will in writing choose and <???> appoint and in default of such apportionment there the said residue not exceeding 400 pounds as aforesaid be equally divided amongst such of my sons as shall be then living at my decease share and share alike but if it shall happen that the residue of my property shall exceed 400 pounds then my will is that such excess over and above the said sum of 400 pounds shall be equally divided amongst such of my said sons as shall be living at the time of my decease share and share alike my will is that my said executor during the minority of my said son James Buckland Ballard do from time to time place out upon Government or Real Security the said legacy of 1000 pounds given to him as aforesaid when and as often as any parts thereof shall come to his hands and also to invest on the same security by accruing interest of such principal money so placed out when and as often as the said interest shall amount to the sum of £50.00 in case my property shall not extend to pay the aforesaid several legacies herein before then I direct that all the legacies except the one to my said son James Buckland Ballard do abate in equal proportions but that the legacy to him do abate only one 3rd where the other legacies abate two-thirds or in a similar proportion I discharge and forgive all my relations near or distant from all debts or promissory or obligations whatsoever which they or any of them may or be under to me at the time of my deceased I authorise my executor to reimburse himself in the first place out of my estate for such costs expenses charges or loss as he shall <necessarily> sustain a or incur in the execution of this my will or in any thing bearing there unto and I do hereby expressly declare that my said executors shall not be charged or chargeable with all accountable for any more money is and effects than he shall in fact receive or shall actually come to his hands by virtue of this my will nor with or for any loss or losses which shall or may happen in placing out monies according to my aforementioned directions or in transporting a any money affairs or in any other matter or thing whatsoever concerning of the execution of the trusts and directions in this my will contained unless the same shall appear to arise by or through his wilful neglect or default I do hereby nominate constitute and appoint as the said Charles Watkins sole executor of this my last will and testament I do hereby appoint to the said Charles Watkins sole Guardian of my said son James hereby entrusting him to take charge of that office during the minority of the said James and hereby fully authorising him to act therein as he shall deem most proper I do hereby revoke and make void all former and other will and wills by me at any time heretofore made and I do declare this to be my last will and testament in witness where of I have to two parts of this my will each part being contained in seven sheets of paper set my hand to the first six sheets and my hand and seal to the last sheet thereof respectively this sixth day of September 1794 John Ballard signed sealed published and declared by the above named John Ballard as and for his last will and testament in the presence of us who at his request and in his presence have here unto subscribed our names as witnesses there unto Josh Fox; Casiemer Bilger No 91 St Martins Lane - John <Firth> No 1 Hudson Court, Strand.

 

I the above named John Ballard do hereby revoke the legacy of 150 pounds in my the above will given to Charles Watkins my executor and instead thereof I give the sum of 150 pounds to his wife Mary Watkins for and independent of her present or any future husband and free from his or their debts or engagements controll or <incumberances> whatsoever and to be paid to her at such and the same time and in such and the same manner as the said revoked legacy of 150 pounds was to have been paid unto the said Charles Watkins further I direct that the legacy of £50.00 given by my said will to Mrs. Watkins of Repton be paid to her as her own separate property free and independent of her present or any future husband and free from his or their debts or engagements control forfeitures or encumbrances whatsoever and I declare this present writing to be a codicil to my said will to be annexed the hereunto and taken as part thereof and I do confirm my said will in every particular that is not hereby altered or revoked in witness where of I have to this my codicil set my hand and seal on the same day and year that I executed my said will namely the sixth day of September 1794 but after such execution had taken place John Ballard signed sealed declared and published by the said John Ballard as and for a codicil to be annexed to his last will and testament and be taken as part thereof in the presence of us who were subscribed an names in the presence and at his request Josh Fox Casiemer Bilger John Firth

 

This will was proved at London with the codicil the fourth day of July in the year of our lord 1795 before the worshipful Samuel Pratt Parton Doctor of Laws Surrogate of the right hon. Sir William Wynn Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Charles Watkins the sole executor named in the said will to whom administration of all and singular the goods chattels and credits of the deceased was granted having been first sworn duly to administer.