Probate Court

Prerogative Court Of Canterbury

 

Will dated

27th June 1643

 PROB11/212/430

 

 

Will probated

22nd June 1646

 

 

In the name of God Amen the seven and twentieth day of June in the nineteenth year of the reign of our Sovereign Lord Charles by the grace of God of England Scotland France and Ireland King defender of the faith etc. Anno Domini one thousand six hundred forty and three I Thomas Ballard of Chipping Campden in the county of Gloucester yeoman being somewhat week in body but of good and perfect memory thanks be given unto Almighty God do make and declare this my last will and testament in manner and form hereafter within my said last will and testament following and I do hereby revoke disannul and make void all and every former will and testament and wills and testaments by me at any time heretofore made Imprimis I bequeath my sole into the hands of Almighty God my creator and my body to the earth from a whence it was taken to be buried in such decent manner as to my executor hereafter in this my last will and testament and aimed shall be thought most meete and convenient and as touching and concerning my worldly estate where with it hath pleased god in his divine providence and mercy to bless me I had to dispose thereof in the manner and form a following and I do hereby make constitute ordain and appoint Nicholas Fletcher the eldest of <Flaxford> in the county of Worcester gent John Goodwin of Combe within the parish of Chipping Campden aforesaid gent and John Warren of Chipping Campden aforesaid gent executors of this my last will and testament in trust <desyring> them to perform this my last will and testament in all things according to the effect intent and true meaning of the same Item I Give And Bequeath Unto My said executors 40 shillings to buy them and every of their wives a ring of gold apiece to wear in remembrance of me and my will and meaning is that whatsoever trouble charges or expenses or losses my said executors any one of them shall sustain and bare for or by reasons of in or about the execution of this my said last will and testament shall be fully satisfied and recompensed to them each and every of them out of my real and personal estate are or out of one of them item I give and bequeath to the poor of Blackley parish 20 shillings to be distributed amongst them in bread and the like sum of 20 shillings to the poor of Chipping Campden aforesaid to be distributed amongst them in bread and also 20 shillings to be disposed of mainly about charitable uses in Chipping Campden and Blakeley parish aforesaid according to the discretion of my said executors and I give and bequeath unto the minister that shall preach at my funeral vizt Mr. William Bartholomew vicar of Camden aforesaid 20 shillings and to such persons as shall happened to ring the bell at the time of my burial the sum of 10 shillings for their pains item I give and bequeath unto Mary Perryn now servant unto my mother 20 shillings to be paid unto her immediately after the deceased of my said mother if she shall continue and remains servant unto my said mother during the life of my said mother item I give and bequeath unto three of my sisters viz.  Mary Francis and Ann the sum of £5.00 a year of law for money of England to be paid unto them within six months next after my decease by my said executors item I give and bequeath unto George Ballard son of my brother John Ballard deceased the sum of £5.00 of like a full English money to be paid to him by my said executors at the time when he shall attain unto his full age of one and 20 years unto my said son William Ballard all the residue and remainder of my goods cattels chattels and of the profits thereof to be personal estate not herein and hereby formerly given and bequeathed my debts legacies and funeral charges and expenses being fully satisfied and discharged and my will and meaning is that the said residue and remainder of my said goods and personal estate shall be <dis??s???> and employed by my said executors to and for the use benefit and best advantage of my said son William Ballard for and towards his maintenance and education for and during so long time and up until he shall attain unto the full age of one and 20 years or time of marriage which shall first happen and my desire is that my said executors shall preserve and keep for my said son William Ballard such bedding and other household stuff <????> As they in their discretion shall consider may be kept without much loss and damage <????> Item concerning my lands and tenements and hereditaments I give devise and dispose of the same here in such manner and to such uses and purposes as I have formally disposed of the same by one indenture of lease bearing date the 17th day of June in the 18th year of the reign of our said sovereign Lord King Charles of England etc whereunto for more certainty in all the things relation be had and if it shall happen that my said son William Ballard shall depart this life before such time as he shall attain unto the full age of one and 20 years or be married or being married under the said age shall fortune to die without issue of his body lawfully begotten that then and in that case my said executors shall dispose of my said personal estate and of the profits thereof to be passed together with the profits of my lands in the before mentioned indenture of Lease <expressed> on to such persons and to such uses and purposes as in the same indenture of lease are nominated mentioned and declared hereunto as aforesaid item I do desire my loving friend the before named William Bartholomew vicar of Chipping Campden aforesaid and Walter Child of Little Wellford in the county of Warwick gent to be overseers of this my last will and testament and to be aiding and assisting unto my said executors in the execution and in the performance of this my said last will and testament and I do hereby declare that my said executors and overseers shall once in every year and the half and more often if <????> shall require meet together in some convenient place and cast up the reckoning and account for concerning my estate and consult and assists together <???> His most fit and convenient for the better managing have thereof to the best benefit and advantage of my said son William Ballard and I do hereby appoint my said executors to disperse out of my estate aforesaid the sum of 10 shillings for their expenses and charges at every such meeting for the purpose aforesaid upon <????> or the greater number of them shall need as aforesaid and as concerning of the said William Bartholomew and of my said overseers of this my last will and testament I have here in and hereby before given and bequeath the sum of 20 shillings which I desire may be disposed upon a gold ring and buy him <????> for my sake and I had to give unto the said Walter Child the other of my said overseers of this my last will and testament 20 shillings to buy him a ring of gold and to <?????> it for my sake and in remembrance of me and I do hereby <enjoyne> and require my said son William Ballard as he <????> and regard of the blessing of me his loving father (who has by God's providence and blessing for ever provided for him) that he be advised and directed by and follow such counsel and advice of my said loving friends the executors and overseers of this my last will and testament both in his education and ordering of his course of life and also when <disposing> of himself in marriage item I give and bequeath unto my loving wife Ann Ballard one standing bedstead standing in the chamber where in I lie and one feather bed where on I lie together with one flock bed three pairs of sheets two bolsters two pillows two pillow covers two blankets one coverlet one bed that together with the curtains hanging about the bed and the silver bowl which is now almost usually used in my house <////> <////> <////> and bequeath unto my said wife my will is shall be delivered unto her by my executors presently after my decease anything hereinbefore contained to the contrary hereof and in anywise notwithstanding in witness whereof I the said to Thomas Ballard have hereunto put my hand and seal the day and year first above written by the mark of the said Thomas Ballard sealed subscribed and published in the presence of William Harris and William Mostly John Harrison senior mark John Harrison junior his mark

 

The memorandum of that upon the third day of August in the 19th year of the reign of our sovereign Lord King Charles of England Scotland France and Ireland defender of the faith etc and in the year of our lord god according to the congregation of the church of England 1640 and three I. Thomas Ballard of Chipping Campden in the county of Gloucester yeoman being lately heretofore removed from Chipping Campden  to Worthwicke within the parish of Blackley in the county of Worcester for the change of air and hoped of recovery of strength and health of body and being of good and perfect mind and memory thanks be given unto almighty god do make this codicil as an addition unto and annexe of my last will and testament heretofore by me made and do appoint hereby that my executors therein named shall execute and perform my will and meaning in this my codicil hereafter mentioned giving unto them full power to execute my will and meaning hereafter in this my codicil expressed and declared and <????>  of my said last will and testament by me formerly made viz. that my loving wife Ann Ballard shall and may lawfully quietly and peaceably have hold and enjoy all and singular <????> my messuages cottages lands tenements and hereditaments whatsoever in Mickelton in the county of Gloucester which were hereto for to her or to her use formerly conveyed <?????> the time of her intermarriage with me the said Thomas Ballard in such manner form quality estate and degree to all intents constructions and purposes whatsoever for and during so long time and interest as to my said loving wife Ann Ballard is in and by any such conveyance as I <????> to her or to her use conveyed limited or appointed whereunto relation be had without any disturbance molestation or interruption of by my executors in the said my last will and testament named and of my son William Ballard in my said last will and testament named and of every or any of them notwithstanding any least demise grant act or deed heretofore by me made <????> the time or date of such conveyance to her or to her use as aforesaid and notwithstanding my last will and testament and every or any lease demise grant act or deed of me the said Thomas Ballard mentioned and declared in my said last will and testament to the contrary and whereas my loving brother in law <Price?> Smith of Northwick aforesaid yeoman stand for justly and fully indebted unto me the said Thomas Ballard by obligation or <???> obligatory <????> in the sum of £18.00 with condition for payment of £9.00 or thereabouts of good and lawful money of England I do hereby declare and appoint that my said brother in law <Price> Smith shall pay and divide out of the said sum of £9.00 as aforesaid unto me due unto Thomas Myntam Grandchild unto the said Price Smith the sum of 20 shillings of lawful English money and unto Muriell <?rsube> and Mary <??red??> the daughters of my said brother in law Price Smith and of my Sister Mary Smith wife of the said Price Smith the like some of 20 shillings a piece of like lawful English money and unto every of the sons of my said brother in law and sister Smith so much money as shall amount to buying for every and each of the said sons one sheep apiece all of which said legacies and portions so given and bequeathed by me aforesaid I by these presents appoint to be paid unto the said several persons by my said brother in law Price Smith out of that sum of £9.00 of lawful English money so as aforesaid due on to me by and from the said price Smith and I do buy these presents revise release and are for ever quick to claim unto him the said Price Smith the said debt and sum of £9.00 of lawful money of England as aforesaid due unto me by and from him the said Price Smith and also all actions and accounts for touching and concerning the said debt and sum of money and I do hereby declare and appoint that my executors in my said last will and testament named shall deliver up into the hands of the said Price Smith the said obligation or other <????> and concerning the said debt and sum of money cancelled and defaced provided always notwithstanding and my will intent and meaning is and I do hereby declare that I do hereby revoke and frustrate and make void the gift and legacy of £5.00 or thereabouts of lawful English money heretofore <?????> given and bequeathed unto my said sister Mary Smith and mentioned and disposed in my said last will and testament and my will and meaning is that whether my said brother Price Smith not my said sister Mary Smith his wife now either of them shall require challenge <?????> or demand the said legacies or gift of £5.00 or thereabouts <?????> as aforesaid by me given and bequeathed unto my said sister Mary Smith and mentioned in the body of my said last will and testament and whereas for the avoiding of difference which may at any time hereafter arise or grow between my dear mother Ellen Ballard of Northwick aforesaid widow and my executors in my said last will and testament named in respect of for or for and concerning or any wise concerning one message or tenement and two garden lands with the appurtenances in Northwick aforesaid and parcel of the manner of Northwick aforesaid or any estate of and in the said message or tenement and twp yardlands with appurtenances there in possession or occupation of the said Helen Ballard and of me the said Thomas Ballard so my will and meaning is and I by these presents declare my intent and meaning to be that my said mother Ellen Ballard being very aged and blind or void of eyesight shall have possession and enjoy sufficient and competent rooms for her <????> use in the said messuage or tenement in Northwick aforesaid for and during so many years as it shall fortune the said Ellen Ballard to live and in a <?????> of her said great age and blindness I do very heartily and earnestly desire of my executors in my said last will and testament named that they will afford unto my said mother their assistance and best care and find and sufficiently provide for my said mother and for one maid servant to attend her such competent and convenient means of maintenance and livelihood yearly and every year during her natural life out of the yearly rent issues and profits of the said messuage or tenement and 2 yardlands in Northwick aforesaid as is fit and requisite for her rank and calling and that she live not in want of any fit and requisite <?????> or provisions of meete drink and lodging washing apparel and attendance or otherwise witness my hand and seal the said third day of August 1643 signed Thomas Ballard witness unto this codicil William Tymmes John Laweman James Cole Frances Cole

 

Probate obtained London 22nd of June 1650 John Warren and John Goodwin the executors named in the last will.