Repository Name

Public Record Office

Repository Reference

PROB 11/1986/217

Probate Court

Prerogative Court of Canterbury

 

William Ballard

Cranbrook, Kent

 

Will dated

4th July 1843

   

Will probated

25th October 1845

 

This is the last will and testament of me William Ballard the elder of Cranbrook in the county of Kent watch maker this fourth day of July one thousand eight hundred and forty three. I appoint my half brother George Ballard of Lamberhurst in the said county and my brother in law John Bates of Staplehurst in the said county carpenter joint executors of this my last will. I bequeath all my consumable household stores and provisions to my beloved wife Sarah for her own use and I give and devise all those my two freehold messuages or tenements and premises with the appurtenances situate at Cranbrook aforesaid in the several occupations of myself and William Sharpe and all other my real estate if any unto the said George Ballard and John Bates their heirs and assigns upon trust that they or the survivor of them or their heirs or assigns of such survivor do and shall as and when they or he shall think proper sell and dispose of the said messuages or tenements hereditaments and real estate either together or in parcels and either at public auction or by private contract for the most money that can be reasonably obtained for the same and do and shall make and execute all such contracts deeds conveyances and assurances as shall be necessary to effectuate such sale or saes and stand possessed of the monies to arise from such sale or sales upon the trusts hereinafter declared and in case my sons Frederick William and Henry or any two or one of them shall be desirous of carrying on my trade of a watchmaker in the premises now in my occupation I do hereby authorise my said executor to sell and put off my stock in trade and household furniture and effects to them my said three sons so being desirous to carry on my said trade or to such two or one of them as shall exclusively of the other or others of them be desirous so to do at a valuation to be made by two indifferent persons one to be chosen by my said sons or son so taking the business as aforesaid and the other by my said executors or by their umpire in case such two persons shall not agree therein and in case all my said three sons shall decline to take my said stock in trade furniture and effects as aforesaid for the space of one month next after my decease the same shall be sold and disposed of by my said executors in such way and manner as they shall think proper and I give the net amount of the proceeds of such disposition or sale whether by valuation or otherwise unto my six children Joseph Harriet Frederick John William and Henry in equal shares and proportions and I do hereby declare and direct that in case my said sons Frederick William and Henry or any two or one of them shall purchase my said stock in trade and furniture as aforesaid and shall be able conveniently to pay the purchase money immediately after the amount thereof shall be ascertained then they or he so purchasing shall sign and deliver to each of my said six children not being respectively purchasers thereof a promissory note payable with interest at five pounds per centum per annum on demand for the amount of his or her share thereof and that the same shall be complete payment for the purchase of my said stock in trade and furniture and of the shares of my children not being purchased therein and absolutely discharge my sons or son so purchasing and giving security and also my said executors therefrom. And I give and bequeath all my moneys and securities for money book debts and the general residue of my personal estate and effects not hereinbefore specifically bequeathed including my Organ now used by Mr Newington the Surgeon at Ticehurst in the county of Sussex unto the said George Ballard and John Bates their executors administrators and assigns upon trust to sell call in and convert unto money such part thereof as shall not consist of ready money as and when they shall think proper and after payment thereout of my debts funeral and testamentary expenses and the expenses of proving and carrying into execution this my will upon trust that they my said trustees or trustee for the time being do and shall invest the net proceeds to arise from the sale collection and conversion of my said real and personal estate and the ready money of which I shall die possessed in their or his names or name in the public stocks or funds of Great Britain or on good and approved real or personal security at interest And do and shall pay the interest dividends and annual produce thereof and the rents issues and profits to arise from my said real and personal estate until the same shall be sold and converted into money unto my said wife during her natural life for her own use and benefit and from and after her decease do and shall pay assign or transfer the said trust monies or the stocks funds or securities wherein or whereon the same shall be invested unto and equally between and amongst my said six children Joseph Harriet Frederick John William and Henry for their respective own use and benefit. I bequeath nothing to my son Levi having already made advances to him to the full extent as I believe of his claims on my bounty and I do hereby declare my will to be that so long as my said messuage or tenement and premises now in my own occupation shall remain unsold and my said sons Frederick William and Henry or any two or one of them shall be desirous of carrying on my said trade therein and purchase my said stock in trade and furniture as aforesaid my said trustees or trustee for the time being shall let the same to such sons or son at the annual rent of twenty five pounds provided always and I do hereby declare that the receipts of the said George Ballard and John Bates or the survivor of them or the heirs executors or administrators of such survivor for any purchase of other money payable to them or him under or by virtue of this my will shall be good and valid discharges to the purchaser or other person paying the same and that such purchaser or other person shall not be obliged to see the application thereof or be in anywise accountable for the misapplication or nonappropriation thereof or any pert thereof. And I devise all estates vested in me as a trustee or mortgagee unto the said George Ballard and John Bates their heirs and assigns upon the trusts and subject to the equities affecting the same respectively. And I declare that neither of my said executors shall be charged or chargeable with any sum or sums of money other than what he or they shall respectively actually receive into his own hands by virtue of this my will notwithstanding he or they shall join in any receipt or receipts for the sake of conformity and that one of them shall not be answerable or accountable for the other of them but each of them only for his own acts receipts neglects or defaults and also that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of this my will to retain to and reimburse himself and themselves respectively all such costs charges and expenses as they shall respectively sustain expend or be put unto and a reasonable remuneration for their trouble and loss of time in or about the execution of the trusts hereby in them reposed or in anywise relating thereto. In witness whereof I the said William Ballard the testator have to the foot or end of this my last will and testament contained in four sheets of paper and to the foot of each of the preceding sheets signed my name the day and year first above written – William Ballard Senior signed by the testator William Ballard and acknowledged by him to be his last will and testament in the presence of both of us who thereupon severally attested and subscribed the same in the presence of the said testator and of each other – Jesse Huntly Cranbrook Draper – Wm J.Neve Solr. Cranbrook.

 

Proved at London the 25th Octr. 1845 before the worshipful John Daubeney Doctor of Laws and surrogate by the oaths of George Ballard the brother by the half blood and John Bates the Executors to whom Admon was granted having been first sworn duly to administer.