Repository Name

Public Record Office

Repository Reference

PROB11/1762/198

Probate Court

Prerogative Court of Canterbury

 

Vice Admiral Samuel James Ballard

Walcot, Somerset

 

Will dated

26th January 1828

With codicils dated

26th January 1828
27th November 1828

Will probated

17th November 1829

This is the last will and testament of me Samuel James Ballard of the parish of Walcot in the county of Somerset Esquire a Vice Admiral in his Majesties Navy touching the settling and disposing of such worldly estate where with it hath pleased God to bless me first I will and direct that all my just debts funeral expenses and the costs and charges of proving this my will be fully paid and satisfied and whereas I am entitled in remainder under the will of the late William Flint Esquire a Lieutenant Colonel in the honourable East India Company’s service on the Madras Establishment to the capital sum of six thousand six hundred and sixty six pounds thirteen shillings and four pence three per cent  Consolidated Bank Annuities expectant on the decease of Hannah Tull otherwise Hannah Fflint and William Henry Fflint who under the same that are entitled to the dividends of the said stock for their joint and several lives Now I give and bequeath the said sum of six thousand six hundred and sixty six pounds thirteen shillings and four pence three per cent  Consolidated Bank Annuities from and after the decease of the survivor of them the said Hannah Tull otherwise Hannah Fflint and William Henry Fflint in manner following (that is to say) as to one moiety thereof unto my relation Mr Charles Steel nephew of the said Lieutenant Colonel Fflint deceased his executors administrators and assigns absolutely and as to the other moiety thereof I give and bequeath the same unto and amongst all and every such one or more of the children of the said William Henry Fflint who shall survive him and live to attain the age of 21 years if more than one in equal shares and proportions and I direct that the interest and dividends may in the meantime be applied to their his or her maintenance and education but in case the said William Henry Fflint shall happen to die without leaving lawful issue or their being such all of them shall die without attaining the said age of 21 years then I direct that the same last mentioned moiety of the said stock shall sink into and become part of my residuary estate and be applied and disposed of in such manner as such residuary estate is hereinafter directed to be disposed of. I give and bequeath unto my dear wife Catherina the use and enjoyment during her natural life of all my household goods and furniture and implements of household books prints and pictures plate linen glassware and China which shall be used in or about my dwelling house or usual place of residence at the time of my decease also I give to my said wife for her absolute use my wines spirits and other liquors and all other articles of family consumption. I give and bequeath unto my cousin John Spires of Christchurch in the county of Southampton Esquire and my friend Edward Dix Esquire a captain in his Majesties Navy and my said dear wife their executors and administrators the sum of four thousand pounds three per cent Consolidated Bank Annuities upon trust to pay and apply the dividend interest and annual produce thereof unto my said dear wife or otherwise to permit and suffer her to receive and take the same out for her own use and benefit during the term of her natural life and from and after her decease I direct that the said sum of four thousand pounds three per cent Consolidated Bank Annuities and of the stocks funds and securities in or upon which the same that may be invested shall be held by the trustees or trustee for the time being of this my will in trust as to one moiety thereof upon the same trusts as are hereinafter declared concerning the residue of my estate and as for the other moiety thereof in trust for any one or more of my three children hereinafter named or the issue of any one or more of my said children exclusively the one or any other or others of such children or issue in such parts shares and proportions as my said dear wife by any deed or instrument in writing or by her last will and testament in writing to be respectively signed by her in the presence of and attested by two or more reliable witnesses shall bequeath direct or appoint the same and in default of any such bequest direction or appointment and as to such part or parts thereof whereof no suction direction or appointment shall be made it is my will that the same shall fall into and become part of my residuary personal estate. I give and bequeath the sum of sixteen thousand pounds three per cent Consolidated Bank Annuities unto the said John Spires Edward Dix and my said dear wife their executors administrators and assigns upon trust that they my said trustees or the survivors or survivor of them or the executors administrators or assigns of such survivor do and shall during the respective natural lives of my two daughters Maria Charlotte Ballard and Anna Elizabeth Ballard pay the interest and dividends of the said sum of sixteen thousand pounds three per cent Consolidated Bank Annuities and of the stocks funds and securities in which the same shall for the time being be invested into the hands of the said Maria Charlotte Ballard and Anna Elizabeth Ballard in equal moieties or to such person or persons as they <whether> <covert> such <coverture> shall be with such consent as hereinafter mentioned or the sole shall respectively by any writing under their respective hands from time to time appoint to the intent that the same may not be subject to the debts control or interference of any husband with whom they may respectively intermarry and the receipt or receipts of each of them the said Maria Charlotte Ballard and Anna Elizabeth Ballard for her share of the said interest and dividend or the receipt or receipts of the person she shall appoint to receive the same shall whether she be coveter sole be an effectual discharge or effectual discharges for the money therein mentioned and acknowledged to be receive provided that in case either of my said daughters shall marry without the consent of the trustees or trustee for the time being of this my will first having been obtained then I direct that such daughter shall be entitled only to a <Near?> annuity or yearly sum of one hundred pounds for her life by half yearly payments for her like sole and separate use the first payment whereof to commence and be made at such period as the next dividend or interest of the said stocks funds and securities shall become payable after such marriage and that the residue of her said moiety of the interest and dividends arising from the said trust stock shall accumulate at compound interest and be disposed of in like manner as the said moiety of the said principal sum these hereinafter directed to be applied on the decease of either of my said daughters and from and after the decease of each of them my said daughters upon trust that and a my said trustees or trustee for the time and being do and shall pay and transfer one of moiety or equal half part of the said principal monies stocks funds and securities together with all accumulations there on the (if any) unto all and every of the child and children of the body of my said daughter so dying lawfully begotten who shall live to attain the age of 21 years equally to be divided between and amongst such children share and share alike if there shall be more than one the same and share or shares to become vested in him her and them respectively whether surviving all and dying in the lifetime of my said daughter on the his her or their containing his her or their age or respective ages of 21 years provided always and I do hereby declare that if both or either of my said daughters Maria Charlotte and an act Elizabeth shall depart this life without having any child lawfully begotten who shall live to attain the said age of 21 years then the portion or portions of no or them at my said daughter all daughters so dying as aforesaid together with the accumulations at their of (if any) shall go and accrued to such one or more of them at my said daughters and my son Samuel Wrangham Ballard who shall be then living ended the issue of such of them as shall be dead believing that lawful issue (such issue taking the share of these her or their parents therein) equally to be divided amongst them give more than one share and share alike enter the same shall become attested and payable or transferable as to the share (if any) of either of my said daughters or her issue at such ages days & times as their her all his original portion or portions years or are hereinbefore directed to become attested and payable or transferable and as to the share (if any) of my said son or of his issue at such ages and times as easily hereinafter directed respecting at the investing of my residuary estate and shall together with such original share or shares until such ages or times respectively the subject and liable to a similar clause and condition of accrual or survivorship ended be held upon the end for the like trusts intents and purposes as high hereby respectively declared off and concerning the principal sum hereinbefore given unto all in favour of my said daughters and of my said residuary estate and the interest dividends and produce thereof respectively I give and devise all that my messuage or mansion house <farin?> and lands called Coates Hall with the rights members and appurtenances thereunto belonging situate in the parish of Snaith in the county of York and the which were devised to me by the will of my late relative Mrs Charlotte Flint of Coates Hall aforesaid by the name of Samuel Ballard unto the said John Spires Edward Dix and my said dear wife and their heirs and assigns to the uses and upon the trusts hereinafter expressed and contained of and concerning the same (that is to say) to the use of my said son Samuel Wrangham Ballard and his assigns during his life without impeachment of waste and after the determination of that estate by forfeiture or otherwise in his lifetime to the use of the said John Spires Edward Dix and my said dear wife and their heirs during the life of the said Samuel Wrangham Ballard in trust for him and by the usual ways and means to preserve the routing out remainders hereinafter devised and after the decease of the said Samuel Wrangham Ballard to the use of such one or more of the children of the body of my said son lawfully begotten whether surviving or dying in the lifetime of my said son equally to be divided between or amongst such children their his and her heirs and assigns for ever as tenants in common when and as they he or she shall respectively attain their his of her respective ages of 21 years provided always and I do hereby declare that if any one or more of the children of my said son Samuel Wrangham Ballard shall die under the said age of 21 years then as well as the original share or shares of the child or children so dying as the share or shares which by virtue of this present proviso shall have accrued to him her or them of and in my said Coates Hall estate shall go and remain and be to the other or others of the said children and if more than one in equal shares as tenants in common his her and their heirs and assigns for ever and in the event of my said son departing this life without having any child whether surviving or dying in the lifetime of my said son who shall live to attain the said age of 21 years then I direct my said trustees and their heirs to stand seized of the fee simple and inheritance of my said estate in trust for the heirs and assigns of the said Samuel Wrangham Ballard for ever and as to all that my household messuage or dwelling house and premises with the appurtenances No 29 in Park Street in the parish of Walcot aforesaid wherein I now live (subject nevertheless to the life interest of my said wife therein under our marriage settlement) and all my moneys and securities for money money in my Banker’s hands money in the funds and all other my personal estate and effects whatsoever and wheresoever not hereinbefore specifically disposed of I give and bequeath the same and every part thereof unto the said John Spires Edward Dix and my said dear wife their executors and administrators upon trust to transfer and assure the same and every part thereof and the accumulations thereof (if any) unto my said son Samuel Wrangham Ballard his executors administrators and assigns when and as soon as he shall attain the age of 23 years for his and their absolute use and benefit but in case my said son shall depart this life without attaining his said age of 23 years leaving issue of his body lawfully begotten then upon trust that they my said trustees or trustee for the time being do and shall transfer and assure the whole of my said residuary estate together with all accumulations thereof (if any) unto all and every the child and children of the body of my said son lawfully to be begotten to be divided between or amongst such children share and share alike if there shall be more than one the same share or shares to become vested in him her and them respectively on his her and their attaining his her or their age or respective ages of 21 years provided always and I do hereby declare that in case my said son shall depart this life without attaining his said age of 23 years and with out having any child lawfully begotten who shall live to attain the said age of 21 years then that the trustees or trustee for the time being of this my will shall from and after the decease of my said son under such age as aforesaid and such failure of issue stand and be possessed of the whole of my said residuary estate together with all accumulations thereof (if any) upon the same trusts with the like benefit of survivorship and subject to the same powers provisos conditions and restrictions for the benefit of my said two daughters Maria Charlotte and Anna Elizabeth and their children respectively as are hereinbefore declared concerning the said sum of sixteen thousand pounds three per cent Consolidated Bank Annuities or as near thereto as the circumstances of the case will admit of and in case both of my said daughters shall happen to die without leaving any child lawfully begotten who shall live to attain the said age of 21 years and my said son shall happen to die under the said age of 23 years without having any child lawfully begotten who shall live to attain the said age of 21 years then after the decease of the survivor of my said children and at such failure of issue as aforesaid the said trustees or trustee for the time being shall stand and be possessed of as well in the said sum of sixteen thousand pounds three per cent Consolidated Bank Annuities as also of my said residuary estate and the stocks funds and securities in which the same may be invested upon the trusts following (that is to say) as to the sum of eight thousand pounds three per cent Consolidated Bank Annuities in trust for the above named Charles Steel nephew of the said Lieutenant Colonel Fflint deceased his executors administrators and assigns absolutely and as to the residue and overplus thereof in trust for the said Charles Steel and William Fflint Esquire brother of my late wife their respective executors administrators and assigns absolutely equally to be divided between them share and share alike as tenants in common and not as joint tenants provided always nevertheless and my will is that it shall and may be lawful for the trustees or trustee for the time being of this my will to devise and lease for a term of years not exceeding seven years or to sell and absolutely dispose of my said hereinbefore devised estate called Coates Hall and my said house in Park Street (subject to the aforesaid life interest that my said wife has therein) together or in parcels by public auction or by private contract as to them him or her shall seem expedient for the best price or prices in money that can be reasonably gotten for the same and in case of such sale or sales I declare that the receipt or receipts of my said trustees or the survivors or survivor of them his or her executors or administrators shall at all times be a good and sufficient discharge and discharges to the purchaser or purchasers of all or any part of my said estates for so much money as in every such receipt shall be expressed to have been received and that such purchaser or purchasers shall not afterwards be obliged to see to the further application of the purchase money nor be answerable for the misapplication or none application thereof and I do direct that my said trustees and that the survivors or survivor of then and the executors or administrators of such survivor do and shall place out and invest the monies to arise by such sale or sales in their his or her names or name as aforesaid in or upon any of the parliamentary stocks or funds of Great Britain or on real securities of England at interest and do and shall vary alter or transpose such stocks funds or securities for others of the natures or descriptions as aforesaid when and so often as it shall seem expedient to do and shall stand and be possessed of all the said monies stocks funds and securities and the dividends interest and annual proceeds thereof upon such and the same trusts and subject to and under such powers provisos and declarations as are respectively hereinbefore expressed and declared of and concerning my said Coates Hall estate and my said house in Park Street provided also and I do hereby further direct that it shall and may be lawful to and for my said trustees or trustee for the time being and their his or her own discretion and authority to pay and apply any part of the interest dividends and annual produce of the share or shares of my said son and after his decease of the produce of the share or shares of any or either of his children which may not have become vested and after the decease of each of my said daughters to pay and apply the dividends or interest of the share or shares of such of her respective children taking as aforesaid as shall not have acquired a vested interest in the portion or portions hereinbefore provided or intended for him her or them respectively for and towards his her or their maintenance and education respectively until the same respectively shall become payable and also that it shall and may be lawful to and for my said trustees or trustee for the time being to apply and dispose of any part of the share of my said son of and in my personal estate and after his decease any part of the presumptive share or shares of any or either of his children (being a son or sons) which may not then be vested and after the decease of each of my said daughters (and in her lifetime with her consent) to apply and dispose of any part of the present share or shares of such of her respective children taking as aforesaid (being a son or sons) as shall not have acquired a vested interest in the portion or portions hereinbefore provided or intended for him her or them respectively for placing him or them in or to any profession or employment or otherwise for his or their benefit or advancement in the world and I do hereby authorise and empower my said trustees and the survivors and survivor of them and such other trustees or trustee as shall be hereafter introduced into the aforesaid trusts by virtue of the power hereinafter contained at any time or times after my decease as often as they he or she shall think proper to alter and change the securities on which all or any part of the said Trust monies are now or shall hereinafter be placed out and from time to time as often as he she or may shall think fit again to place out the same upon government or such other good and sufficient real securities as he she or they shall think proper provided always and I do hereby declare that if the trustees appointed in this my will or to be appointed as hereinafter is mentioned or any of them shall happen to die or be desirous of been discharged from or refuse or decline or be incapable to act in the trusts hereby in them respectively reposed as aforesaid before the said trusts shall be fully executed then and in such case and when and so often as the same shall happen it shall and may be lawful to and for the then surviving or continuing trustees or trustee or the executors or administrators of the last surviving or continuing trustee by any instrument or instruments in writing under their his or her hands or from time to time to nominate substitute or appoint any person or persons to be a trustee of trustees instead or in place of the trustees or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid. And when and so often as any new trustees shall be nominated and appointed as aforesaid all the trust estates monies and premises the trustee or trustees whereof shall so dying or desire to be discharged or refusing decline or becoming incapable to act as aforesaid shall thereupon with all convenient speed <be> conveyed transferred and assigned in such respect and manner and to and as the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees as erosion shall require to the uses and upon and for the trusts intents and purposes hereinbefore expressed and declared of continuance of the said trust estates monies and promises or such of them as shall be then subsisting undetermined and capable of taking effect and other person or persons so to be appointed as aforesaid shall have all of the powers and authorities of the trustee or trustees in whose room he or they shall be substituted provided and I do hereby further and direct and declare that my said trustees and each and every of their heirs executors administrators and assigns shall be charged and chargeable only for so much money as they and each and every of them shall respectively actually receive by virtue of and under this my will and that anyone or more of them shall not be answerable or accountable for the others or either of them nor for the acts receipts neglects or defaults of the other or others of them but each of them for his or her acts receipts neglects or defaults only nor shall they nor any of them be answerable or accountable for any banker or broker or other person with whom any of the said Trust monies and premises may be deposited for safe custody or otherwise in the execution of the said trusts nor for the insufficiency or deficiency of any stocks funds or security in or upon which any of the said Trust monies may be invested in pursuance of or in conformity to this my will or for any other misfortune loss or damage which may happen in the aforesaid trusts or otherwise in relation thereto unless the same shall happen by or through their own wilful default respectively. And also that they the said trustees so appointed or to be appointed shall and may by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid retain and reimburse himself herself and themselves and allowed to he is her and their cotrustee and cotrustees all costs charges and expenses which they or any of them may respectively sustain or expend or be put unto in or about the execution of the trusts aforesaid or in any matter relating thereto. And lastly I do hereby revoke all former and other will and wills by me at anytime heretofore made and do make ordain constitute and appoint the said John Spires Edward Dix and my said wife executors and executrix of this my will and guardians of my said son during his minority. In witness whereof I have to the six first sheets hereof set my hand and to this seventh and last sheet my hand and seal this 26th day of January in the year of our Lord 1828. == S.J.Ballard == signed sealed published and declared by the said Samuel James Ballard the testator as and for his last will and testament in the presence of us who at his request and in his presence have subscribed our names as witnesses after the words “as to one moiety thereof upon the same trusts as are hereinafter declared concerning the residue of my estate and as to the other moiety thereof in trust” being first inserted at the top of the second sheet thereof – J Bullen, Rear Admiral Bath – Henry John Mant – W.A.Bruce Solrs Bath

 

Whereas I have given by my said will my Coates Hall estate to the heirs and assigns of my said son in case he should have no child who should live to attain the age of 21 years now I do hereby revoke such devise to the heirs and assigns of my said son and do hereby give and devise my said Coates Hall estate (subject to the estate given them by my said will to my said son and his children) and every part thereof equally to be divided between my said two daughters their heirs and assigns for ever as tenants in common. In all other respects I confirm my said will and direct is to be taken as a codicil said two dated his said 26th day of January 1828. S.J.Ballard – signed sealed published and declared by the said Samuel James Ballard has a codicil to this said will in the presence of us -- J Bullen – Henry John Mant – W.A.Bruce Solrs Bath

 

Whereas I Samuel James Ballard have made and duly published my last will and testament in writing bearing date (together with a codicil thereto) the 26th day of January last past now I do hereby declare this to be a further codicil to my said will and I direct the same to be annexed thereto and taken as part thereof. And whereas I have by my said will given and bequeathed to John Spires Esquire Captain Edward Dix and my dear wife Catherina Ballard their executors administrators and assigns the sum of sixteen thousand pounds three per cent Consolidated Bank Annuities upon trust for my daughter Maria Charlotte Ballard and Anna Elizabeth Ballard and their issue in equal moieties as they are in mentioned and whereas my said daughter Maria Charlotte hath lately intermarried with the Reverend Robert Serjeantson and previously thereto transferred into the names of the trustees the settlement made in contemplation of such marriage the sum of five thousand pounds of like stock now I do hereby revoke the said bequest of the said sum of sixteen thousand pounds three per cent Consolidated Bank Annuities so made to the said John Spires Edward Dix and my said dear wife as aforesaid so far as respects a share thereof given by my said will in trust for my said daughter Maria Charlotte Ballard and her issue and in lieu thereof I give and bequeath to the trustees and trustee for the time being of the said settlement the sum of three thousand pounds of like consolidated bank annuities to be from time to time applied and disposed of in such manner in all respects and with such powers and authorities as are respectively declared and contained in the same settlement respecting the said sum of five thousand pounds three per cent Consolidated Bank Annuities and I do hereby declare that in case my son Samuel Wrangham Ballard shall enter or be desirous of entering into holy orders and the trustees for the time being of my said will shall think it advisable to sell and dispose of my Coates Hall estate pursuant to the power and purpose contained in my said will it shall and may be lawful for my said trustees (in case my son shall so wish) to lay out and invest all or any part of the proceeds of such sale in the purchase of an advowson and right of presentation of or to some Rectory within the province of Canterbury or of York to be held by my said trustees as near as may be upon the same trusts as are by my said will and first codicil declared of or concerning my said Coates Hall estate and with the same powers and provisos in all respects as are therein given or contained respecting the same estate. And I do hereby ratify and confirm my said will in every respect except where the same his hereby revoked and altered as aforesaid. In witness whereof I the said Samuel James Ballard have to this codicil set my hand and seal this 27th day of November 1828. S.J.Ballard – signed sealed published and declared by the said Samuel James Ballard as and for a second codicil to my said will in the presence of us who and his request and in his presence have subscribed our names as witnesses thereto W.L. Crawley a.m. clerk Heyford North shire – Susannah Crawley St James Square Bath – W.A.Bruce Solr Bath.

 

Proved at London with two codicils 17th November 1829 before the charge by the oaths of John Spires and Edward Dix esquires and Catharina (in the will written Catherina) Ballard widow the relict the executors to whom administration was granted having been first sworn by commission duly to administer.

 

Repository Name

Public Record Office

Repository Reference

PROB 11/1882/315

 

Probate Court

Prerogative Court of Canterbury

 

Samuel James Ballard, Vice Admiral of the Blue

Bath, Somerset

 

Will dated

1st December 1828

   

Will probated

21st August 1837

 

 

Third codicil to the original will.

 

Confidential                                          Bath     Dec 1st 1828

My dear Dix, I have within a few days by a codicil to my will made Anne equal to her sister she will have £8,000 three per cent Consuls at my death which if she marries a man that you and Spires approve of <3???> <???> may be settled upon her and her children but to give her husband a life interest in it as I have done by Mr. Serjeantson I have cut off the entail upon the Coates Hall Estate and direct it to be sold and with part of the whole of the money if necessary to purchase a living for Samuel. I should not like it to go under £8000 I now ask £9000 for it, and if it stood on the Hampshire Coast I would not take £15,000 for it it is good land and of the best tenure freehold by the fee and the land tax redeemed The house standing in a park like lawn of 19 acres besides about four acres of orchard garden and pleasure ground with <two> <?> stall stables double coach house and open stable cattle sheds pig sties with lofts over the whole and a laundry <assorted?> this <?????> The house is old but in good repair with <four> wroll out bedrooms four of twin from 21 feet by 19 with hanging closet to each and this farm house is about <3/4> of a mile from the mansion with <all> barns cattle sheds stables and in short everything necessary for the farmers <???> his lease expires next Midsummer twelvemonth at which period I thinks will be the best time for sale it not before disposed of. Mr Stapleton is a fool if he suffers any one to buy it and it is in the centre of his property keep this to yourself and Spires to whom I have written on this subject and believe me ever your affectionate friend. S.J.Ballard

 

PS I cannot sleep here at nights and the Drs cannot destroy the acid on my stomach but my appetite is still good. The blow I <got> by the <????> <load> has occasioned all my suffering all I want of <these> the Admirality is to give you employment and to make <Seward> <????> (addressed) Captain Dix R.N. <Vicarage> Dartmouth.

 

In the Prerogative Court of Canterbury In the goods of Vice Admiral Samuel James Ballard deceased.

 

Appeared Personally, Susanna Crawley of the parish of Walcot in the City of Bath spinster and Elizabeth Crawley of the same place spinster and made oath that they know and were well acquainted with Samuel James Ballard formerly of the parish of Walcot in the County of Somerset but late of the City of Bath Esquire Vice Admiral of the Blue deceased for a considerable time prior to his death and also with his manner and character of handwriting and subscription the deponents having often seen the said deceased write and subscribe his name to writings and the deponents having now with care and attention viewed and perused the paper writing hereunto annexed purporting to be and contain a codicil to his last will and testament and beginning thus “Confidential Bath Dec 1st 1828 Mt dear Dix I have within a few days by a codicil to my will made Anna equal to her sister” ends thus “Keep this to yourself and Spires to whom I have written on the subject and believe me ever your affectionate friend “ and is thus subscribed S.J.Ballard and is addressed “Captain Dix R.N. Vicarage Dartmouth The deponents depose that they verily and in their consciences believe the whole body series and contents of the said annexed codicil beginning and ending as aforesaid address or superscription thereon to be all of the proper handwriting subscription and superscription of the said Vice Admiral Samuel Ballard the Testator deceased and none other. Susanne Crawley, Elizabeth Crawley. On the twenty ninth day of July in the year one thousand eight hundred and thirty seven the said Susanna Crawley and Elizabeth Crawley were duly sworn to the truth of this affidavit by virtue of the annexed commission before me <????> Barry Commissioner.

 

The further or third codicil hereunto annexed to the last will and two codicils already proved was proved at London 21st August 1837 before the Judge by the oaths of John Spires and Edward Dix Esquires named in the said will to whom admon was granted having been first sworn by commission duly to administer Samuel Wrangham Ballard Maria Charlotte Serjeantson (wife of the Reverend Robert Serjeantson clerk) and Anna Elizabeth Ballard spinster the natural lawful and only children and with the said Catharine Ballard widow the relict of the said deceased the only persons who would have been entitled in distribution to the personal estate and effects of the said deceased in case he had died intestate having first consented (as by acts of court appears).