Repository Name

Public Record Office

Repository Reference

PROB 11/1660/146

Probate Court

Prerogative Court of Canterbury

 

Walter Ballard

Horsmonden, Kent

 

Will dated

18th August 1817

   

Will probated

3rd August 1822

 

This is the last will and testament of me Walter Ballard of Horsmonden Kent gentleman made and published this 18th day of August in the year of our Lord 1817 and in the 57th year of the reign of King George the third. First I nominate and appoint my dear wife Mary Ballard[i] executrix and my nephew John Ballard of Sevenoaks[ii] in the said county of Kent gentleman and Stephen Walter of Horsmonden aforesaid gentleman executors of this my will I give and bequeath unto my said wife the ready money that shall be in my dwelling house at the time of my decease and all my household goods and furniture plate linen china and household effects in my said dwelling house (except deeds papers and securities) to and for her own absolute use and benefit. Also I give and bequeath unto my brother Isaac Ballard[iii] the sum of three shillings weekly and every week for and during the term of his natural life the first payment thereof to commence and be made at the end of one week after my death. And as to all of the residue and remainder of my ready moneys and all deeds papers and securities for money and all and singular other my personal estate and effects whatsoever and wheresoever and of what nature kind or quality soever the same may appear to be at the time of my decease I give and bequeath the same and every part thereof and all my stake and interest therein unto the said Mary Ballard, John Ballard and Stephen Walter their executors and administrators upon trust that they the said Mary Ballard John Ballard and Stephen Walter or the survivors or survivor of them or the executors or administrators of such survivor do and shall with all convenient speed after my decease sell dispose of and convert into ready money all such parts of the residue of my personal estate as shall not consist of moneys or securities and shall and do collect receive and get in all debts and sums of money that may be due and owing to me and I do hereby direct and declare that the said trustees for the time being do and shall stand possessed of and interested in the monies to arise and be received from or on account of such sale conversion and collection as aforesaid upon the trusts and for the intents and purposes hereinafter declared or expressed (that is to say) upon trust that they my said trustees for the time being do and shall lay out and invest the trust monies aforesaid either upon government or on good and sufficient real securities at interest in their own names and from time to time or to vary and change such security or securities as they shall think proper and advantageous and do and shall pay and apply the interest dividends or other produce of the said Trust monies and promises as the same shall from time to time come in and be received unto my said wife and her assigns or otherwise permit and suffer her to receive and take the same for and during the term of her natural life for her own use and benefit and from and immediately after the decease of my said wife upon further trust that my said trustees for the time being do and shall pay assign transfer or effectually make over one full fifth part or share of and in the said Trust monies and promises unto the three children of my late sister Elizabeth Hubbersty[iv] namely John Hubbersty, Anne the wife of <blank> Dawley and Katherine Hubbersty[v] in equal shares and proportions to and for their respective and absolute use and benefit provided that if the said Katherine Hubbersty shall happen to die in my lifetime or shall not within the space of three calendar months next after notice to be given by my said trustees in the London Gazette for that purpose appear and claim the legacy or share hereby given or directed to be paid or assigned to her by or out of the said Trust monies and promises then I direct that the whole of the aforesaid fifth part or share of and in the said Trust monies and premises shall be paid assigned or effectually made over to the said John Hubbersty and Anne Dawley in equal shares and proportions to and for their respective use and benefit and to whom I do in such case give the <same> accordingly and upon further trust that my said trustees for the time being do and shall pay assign or effectually made over one other full equal fifth part or share of and in the said Trust monies and promises in manner following that is to say one equal half part of such last mentioned fifth part or share unto my nephew Richard Ballard of Wadhurst[vi] to and for his own use and benefit and the other or remaining half part of such last mentioned fifth part or share unto and among the children male and female of my late nephew William Ballard of Horsmonden deceased[vii] and equal shares and proportions to and for that respective and absolute use and benefit and upon further trust that my said trustees for the time being shall and do pay and apply the interest dividends and produce of one other fifth part or share of and in the said Trust monies and promises as such interest and dividends shall from time to time come in and be received unto my said brother Isaac Ballard for and during the term of his natural life for his own use and benefit and from and after his decease upon trust to pay and assign or otherwise effectually made over the principle or capital of such last mentioned fifth part or share together with any interest or dividends that may be then due in respect thereof unto my nephew and executor John Ballard the son of the said Isaac Ballard[viii] to and for his own use and benefit. And upon further trust that my said trustees for the time being do and shall pay assign or effectually makeover one other full equal fifth part or share of and in the said Trust monies and promises unto my niece Elizabeth Smith the daughter of my late brother James Ballard deceased[ix] to and for her own use and benefit and upon further trust that my said trustees for the time being do and shall pay and apply the interest dividends and produce of the share or remaining fifth part or share of and in the said Trust monies and promises as the same shall from time to time come in and be received unto my brother Richard Ballard[x] for and during the term of his natural life for his own use and benefit and from and immediately after his decease upon trust to pay and apply the principle or capital of such last mentioned fifth part or share together with any interest or dividends that may be then due in respect thereof unto and among all the grandchildren of him the said Richard Ballard both male and female[xi] in equal shares and proportions to and for their respective and absolute use and benefit and to whom I give the same accordingly provided always and it is my further will and meaning that my said executors and trustees shall not be charged and chargeable with or accountable for any more money than they respectively shall actually receive by virtue of the trusts hereby in them reposed nor shall they or either of them be answerable or accountable for any loss misfortune or damage that may happen in or to the aforesaid Trust monies and promises or any part thereof unless the same shall happen by or through their or one of their wilful neglect or default nor shall any one of them be answerable or accountable for the other or others of them but each of them for herself and himself and her and his own acts deeds receipts and default only and also that it shall and may be lawful to and for my said executors and trustees by and out of any monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves and to allow to each other respectively all losses costs charges damages and expenses which they respectively shall or may suffer sustain expense or be put unto in by or about the execution of the trusts hereby in them reposed together with a full and adequate allowance and compensation for their respective <services> trouble and loss of time in and about the same. And I expressly revoke and make void all former wills and codicils by me made and published. In witness whereof the said Walter Ballard the testator have to this my last will and testament contained in four sheets of paper subscribed and set my hand and seal to wit my hand to each of the three preceding sheets and my hand and seal to this last sheet the day and year first above written – Walter Ballard – the writing contained in this and the three preceding sheets of paper was signed sealed and published by the said Walter Ballard the testator as and for his last will and testament in the presence of us who in his presence have hereunto subscribed our names as witnesses R White attorney at Goudhurst Robert Phillips his clerk

 

Proved at London 3rd August 1822[xii] before the worshipful Judge Adams Doctor of laws surrogate by the oaths of John Ballard the nephew and Stephen Walter the surviving executors to whom Admon was granted having been first sworn duly to administer.

 


[i] Walter’s wife was Mary Ballard who was living when the will was made but dead by the time that probate was granted. There is a marriage of Walter Ballard of Horsmonden to Mary Twort of Horsmonden at Horsmonden on 8th February 1792 Probably too late to be the testator and more likely his nephew..

[ii] Walter had a nephew John Ballard of Sevenoaks

[iii] Walter had a brother Isaac Ballard.

[iv] Walter had a sister Elizabeth who was married to <????> Hubbersty

[v] Elizabeth Hubbersty had three children, John, Anne married to Mr. Dawley and Katherine who appears to have lost touch with her family.

[vi] Walter had a nephew Richard Ballard of Wadhurst.

[vii] Walter had a nephew Walter Ballard of Horsmonden who had children.

[viii] John Ballard the nephew and executor was the son of Isaac previously mentioned.

[ix] Walter had a brother James, deceased by 18th August 1817 and he had a daughter Elizabeth who had married Mr. Smith. There is a marriage of John Smith and Elizabeth Ballard at Eltham, Kent on 30th April 1798. See also the will of James Ballard of Wateringbury 111816

[x] Walter had a brother Richard Ballard.

[xi] The brother, Richard Ballard had grandchildren.

[xii] Walter died between 18th August 1817 and 3rd August 1822.