Repository Name

Public Record Office

Repository Reference

PROB11/1807/195

Probate Court

Prerogative Court of Canterbury

 

Volant Vashon Ballard CB

Walcot, Somerset

 

Will dated

11th May 1830

   

Will probated

15th November 1832

 

In the name of God Amen; This is the last will and testament of me Volant Vashon Ballard of Cavendish Crescent in the parish of Walcot in the city of Bath Esquire a Rear Admiral in His Majesty’s Royal Navy and a Companion of the most Honourable Order of the Bath. In the first place I direct all my just debts with my funeral and testamentary expenses be paid by my executors hereinafter named with a legacy of £200 to be paid immediately on my death to my dear wife to answer her present occasions and also all my <various> wines spirits and other liquors to and for her own use. I give and devise unto my said dear wife Arabella Sarah and her assigns for and during her natural life my said dwelling house in Cavendish Crescent aforesaid distinguished as No 11 in the said Crescent with the rights members conveniencies and appurtenances thereto belonging. And also the <?????> enjoyment of all and singular the household goods furniture and implements of household plate china linen pictures prints books and other effects that maybe in my said dwelling house and the time of my death she my said wife keeping and the said dwelling house and premises in good repair and ensuring the same to the full value against loss and damage by fire and (subject as aforesaid) I devise the same dwelling house and appurtenances with their said household furniture and other effects as devised to my said dear wife for her life unto James Ballard of the Bank of England Esquire and the Reverend James Volant Vashon of <Sa???rp> in the county of Worcester clerk and all other my property of every description over which I have a disposing power their heirs executors administrators and assigns according to the several natures of the said property upon trust after the death of my said wife (or in her lifetime with her consent testified by some writing under her hand) to sell and absolutely dispose of the said dwelling house and appurtenances and the fee simple and inheritance thereof. And also the said household furniture and other effects the use whereof I have given to my said wife for her life or any part thereof from time to time (except all my silver plate and the pictures hereinafter specifically bequeathed) and either by public sale or private contract as my said trustees for the time being shall deem the most proper. And I will and declare that the receipt or receipts of the acting trustee or trustees for the time being of this my will for all monies to be received under the said trusts shall be good and effectual discharges and that all purchasers paying their purchase amounts or any part thereof to my said trustees or trustee for the time being shall not be bound to see to the application thereof or be answerable for any misapplication of the same. And I direct my said trustees or trustee to stand possessed of the monies to arise by or for such sale upon the trusts hereinafter declared (that is to say) as to the monies to be received on account of such sale or sales in the lifetime of my said wife to invest the same at interest with her consent in writing either in or upon government or freehold or leasehold securities with power to vary and transpose such securities or any other securities in which any part of my said Trust property may from time to time be invested <?????> a <?????> as my said trustees or trustee with the consent of my said wife may think proper and pay the income to be received thereof and from all other my real property unto my said dear wife and her assigns and on her death (or in her lifetime with her consent) to apply the monies arising from the sale of the said Trust property or any part thereof in trust for all and every such one or more exclusively of the others or either of my said children and in such shares if more than one and with such retentions and in such manner as she my said dear wife shall by deed or will appoint and in default of such an appointment and so far as any such if incomplete shall not extend in trust for my only child if there shall be only one and if there shall be two or more then in trust for such two or more equally share and share alike the share of sons to be vested in them at their respective ages of 21 years and in daughters at the same age respectively or days of marriage respectively which shall first happen and (subject to the said appointment) to be paid to them accordingly at such respective days & times (if my said dear wife shall be then dead) or if living as soon after her death as may be. And upon further trust that after the decease of my said dear wife (until the said portions shall become payable) to apply the income thereof for and towards the maintenance and education of such children or child respectively according to the present right of each in the capital and to accumulate the surplus income in the nature of compound interest for the benefit of the child or children from his portion the same shall be saved provided always that if any such children shall die before his her or their portion shall become vested aforesaid (then subject to such direction and appointment as aforesaid) the portion or share portions or shares of him her or them so dying shall go to be survivor or survivors equally between them if more than one share and share alike. And the same shall become vested interest and be paid and payable at the respective days & times and shall go in the same manner as hereby provided and declared touching his her or their original portion or share and such benefit of survivorship or accruer shall extend as well to the surviving or accruing shares to the original share provided that it shall be lawful for the trustees or trustee for the trust being after the death of my said wife (subject to such appointment as aforesaid) to advance and forward on any son any part not exceeding one half part of his then expected portion for placing out such son unto any profession or employment or for his or their instruction and notwithstanding his or their portion shall not then have become payable provided and it shall be lawful for my said dear wife to devise or lease my said dwelling house and premises either with the household furniture or any part of the same or unfurnished as she may think proper for any term not exceeding 10 years at such rent and subject to <?????> terms and agreements as she may think proper. Provided also <?????> <?????> shall be lawful for my said dear wife to sell and dispose of my said household furniture and other effects the use whereof I have devised to her for her life (except my plate and pictures hereinafter specifically bequeathed) and apply the produce thereof in the purchase of such other articles of household furniture and implements of household as she deem proper to be held nevertheless upon the like trusts as the property be sold and disposed of. And I further will and direct my said trustees will on the death of my said dear wife divide all my silver plate equally between my dear children (except the silver plate presented to me by the Merchants of Barbados consisting of a Tureen and four corner Dishes with <????> silver forks) which I will and direct shall be considered as heirlooms and be preserved in my family in perpetuity so long as the rules of Law shall permit and I direct my eldest son shall have his share of my other silver plate in addition to the said last mentioned bequest the share of each of my said children of and in the said plate to be delivered to them on attaining their respective ages of 21 years if my wife shall be then dead otherwise after that event shall happen. And I bequeath to my son Edward Humphrey the two pictures representing the action at sea in which I was engaged provided always and it is my will and I hereby expressly declare that none of the trustees or trustee for the time being acting in the execution of the trusts of this my will shall be answerable for the other or others of them for the acts deeds or defaults of the other or others of them or for involuntary losses or from monies received under receipts in which they shall join for conformity only and that my said trustees or trustee shall and may reimburse themselves and each other all costs charges and expenses to be incident in and about the execution of the trusts hereinbefore declared or in relation thereto. And lastly I hereby nominate and appoint my said dear wife and my said <Furuos??> James Ballard and James Volant Vashon executrix and executors of this my last will and testament. As witness my hand and seal this eleventh Day of May in the year of our Lord 1830 – V.V.Ballard – signed sealed published and declared by the said testator Volant Vashon Ballard as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses – William Evans Solicitor Bath – John Whittington Hughes Clark – George Lane <?????> Bath.

 

Proved at London 15th November 1832 before the worshipful William Calverly Curteis Doctor of laws and sorrow good and by the oath of James Ballard Esquire the brother one of the executors to whom administration was granted having been first sworn duly to administer power reserved of making like granted to Arabella Sarah Ballard widow the relict and the Reverend James Volant Vashon clerk the other executors when they shall apply for the same.