William Ballard 1772 - 1828

WILLIAM BALLARD Last Will & Testament,  dated the 13th day of December 1842. 

THIS IS THE LAST WILL AND TESTIMENT of me WILLIAM BALLARD of Gloucester Road in the parish of Saint Phillip & Jacob in the City of Bristol, Boot and Shoe maker, In the first place I will and direct that all my just debts due, owing by me at the time of my diseased except those due on mortgage of any of my meusauges lands Heridiments and Tenements and all interest and expenses attending the same together with any funeral and testamentary expenses including the costs and charges procuring this my Will and ………..? Thereto shall be paid by and satisfied by my executrix and executor hereinafter named as so…………? Conveniently may be after my deceased out of any monies that may be owing to me at the time of my deceased from any person or persons or from any money that shall on the happening of that would be in or about my dwelling house, I give, to my daughter ELIZA, the wife of Mr JAMES SPILLING, my mahogany bureau and dinning suite I give to my son WILLIAM HENRY BALLARD my silver watch and a pair of silver table spoons, I give to my daughter EMILLY LYDDON the wife of Mr JOHN LYDDON of the Old Market, Street in the said City of Bristol, Pawnbroker, one of my clocks but not the one called the moon clock with the mahogany case and my silver pint cup and all the remainder of my household goods and furniture and implements of household plate linen china …..? Books and utensils whatsoever with whatever provisions wines spirits and beer maybe in or about meuserages or dwelling house and premises wherein I reside at the time of my deceased and also all my monies and securities for money which my said executive and executor shall not require for the payments and purposes aforesaid. I give and bequeath the same to my dear wife MARY BALLARD, her executors administrators and assignees absolutely and as to all my Freehold leasehold and Lifehold, Meusauges Lands Tenements and Herediments wheresoever situate and lying and being and whether in possession ……? or…………? With the rights……….? And appurtenances they're unto respectfully belonging I give, devise and bequeath the same and every part there of respectfully unto my Son in law JOHN LYDDON and JAMES BOUCHER of Sussex place, Bristol, Gentleman and their heirs and assignees To Hold unto them the said JOHN LYDDON and JAMES BOUCHER their heirs, executors, administrators and assignees, respectfully according to the nature of my property therein and subject to any mortgagee or mortgages that which may be due thereon on any part thereof at the time of my decease and to the payment of the principal monies and interest hereinafter declared / that is to say / Upon Trust to receive the ......? And profits of my said Freehold and Leasehold and Lifehold Heridiments and premises during the life of my said wife and by with or out of a competent? Part thereof to pay the expenses of .....? and insurance of the messeuages and buildings theron and to pay and keep ......? the interests which may be due or which may from time to time occur? upon in respect of any mortgagee of the said Heridiments and Premises or any part thereof respectfully, and out of the surplus of such rents and profits to pay unto my said Wife MARY BALLARD or to such person or persons as she shall by writing approve to .....? the same, during her natural life an Annuity or yearly sum of Sixty Pounds to be payable to her, him or them by equal quarterly payments on the 25th day of March, the 24th day of June, the 29th day of September and the 21st day of December, in every year and proportionate part of the said Annuity for so much of the current quarter as shall have expired at my death to be paid on such of the said days as shall happen next after my decease with a proportionate part of the said Annuity up to the death of my said wife In Trust to pay and divide the residue of such surplus unto and equally between and amoughst my son WILLIAM HENRY BALLARD and said daughter EMILLY the wife of the said JOHN LYDDON and my daughter ELIZA the wife of JAMES SPILLING and their respective executors, administrators and assignees, the share of the said ELIZA SPILLING to be paid to her sole and separate use and free from the debts of her said Husband and her benefit to be ......? discharge for the same, And upon this further as soon as conveniently may be after the disease of my said Wife to sell all and remainder my deed? Freehold Leasehold and Lifehold Maussages Lands Tenements and Hirediments with the appentances thereunto belonging together...? ...? .,..........? By public auction or private contract {at such places and terms? And subject to such stipulations as relative to the title or the coidance? Of title or to the payment of the purchase money into any other .....? Connected with the sale as my said trustees shall judge expedient and either .............? With or discharged from any charges or encumbrances the which the same premises may be subject and to bid on any lot or lots at auction and to recind or vary any contract for sale and to make such amendments? And ......................? As may be necessary for effecting or completing any such sale or sales, and I direct that the monies to arise from any such sale shall be disposed of in the manner following that is to say Upon Trust after payment of the costs charged and expenses attending such sale or sales and the conveyance of the premises sold unto? The? Purchasers? Thereof that any said trustees shall pay off and? Discharge by with or out of the monies which shall have been provided by the sale of such particular? Messuages or other Property principal monies and interest if any which shall be then chargeable thereupon? Together with all costs charges and expenses which may be payable or have been incurred thereon? .............? .................? ..................? Or discharge thereof and then to divide the surplus of the monies as such from the said sale into four equal parts or shares and to pay or retain and divide or otherwise dispose of the same in manner ...............? That is to say all to one equal undivided Fourth part or share thereof Upon Trust to pay the same unto my said son WILLIAM HENRY BALLARD his executors administrators or assignees for his and there own use and benefit absolutely as to one equal undivided fourth part or share thereof, Upon Trust to pay the same unto my said daughter EMILLY LYDDON executors administrators and assignees for her and their own use and benefit absolutely as to one other equal fourth part or share thereof Upon Trust in case my said daughter ELIZA SPILLING shall be then alive to invest the same upon government or real securities with full power at discretion to alter and vary the same for securities of like nature and pay the dividends or interest thereof unto the proper ? Hands of my said daughter ELIZA SPILLING as they shall become and from time to time or until such person or persons as she from time to time by writing under her hand appoint to receive the same without any ......? in ? Her to anticipate .....? charge or encumber the same and so that the same may be free from the control debts or engagements of her said husband and that her receipt alone shall be a good discharge for the same ....? after the decease of my said daughter ELIZA SPILLING Upon Trust to pay or assign and transfer the said equal undivided forth part or share and the stocks funds or securities where on the same may be then wasted? into my granddaughter EMILY the daughter of the said ELIZA SPILLING in case she shall then be living to and for ....? And then upon absolute use and benefit in case my granddaughter shall be there dead, Upon Trust to pay or assign and transfer the same share stocks funds and securities unto such person or persons and for such interest? And purposes as my said daughter ELIZA SPILLING shall buy her last will and testament direct or appoint and dispose? Of such direction? Or appointment and subject they're to Upon Trust to pay? ..? assign and transfer the same unto the person or persons who on the decease of my said daughter would be credited as her next of kin ........? The said intestate and unmarried and in a case of dissolution according to the statute And as to the remaining equal undivided forth part of the surplus? Monies so to .......? as aforesaid. Upon Trust to pay and divide the same unto and equally between and among my grandsons and granddaughters, WILLIAM BALLARD, HENRY BALLARD, EMILY BALLARD and SARAH BALLARD, sons and daughters of my late son JOSEPH BALLARD and their respective executors administrators and assignees as ........? in common and i declare that it shall be lawful for my said trustees in the lifetime of my said wife to use? My money which may be required to pay off any mortgage or mortgages with which at the time of my decease any part or parts of my said maussages lands tenements and Hirediments shall.....? Changed or afterwards be made liable to under this? Provision and from time to time to pay the expenses of any such mortgage and the interest to .....? Deed? They're to And also in the lifetime? Of my said wife to renew any lease or leases of any part of the said premises which may become renewable and to pay the fines? And expenses of any such .......? out of the ....? said profits of the same premises so to be received or any other part or portion of my said ....? estate and i declare that the receipts of my said trustees for such purchases? And other monies or securities as shall be paid or transferred to them by notice of this my will shall officially discharge the person or persons paying or ............? the same from all liability to see to application thereof and i declare that my said trustees shall be ...........? for their own .........? acts ? deeds ..........? only? ....? shall be at liberty to ....? and allow to such? Offer all costs and expenses which they may .....? or be paid unto in or about the execution of the costs of this my will or in action here to and i declare that if any of the trustees here by appointed or to be appointed by .......? of this provision shall die or become incapable to act or be .......? of being discharged from the execution of the .....? of this my will it shall be lawful for the surviving or continuing intestate whether acting or not and for the executors of such known? In .....? both shall be dead / but with the consent in writing of my said wife during her life / to appoint one or more person or persons to be a trustee or trustees in the .....? of the trustee or trustees so dying or becoming incapable to act xx in or being ........? to be discharged from the said trusts and that the second clause of this my will so far as this concerns my trustees ......? appointed shall be applied to all other trustees of this my said will and i appoint my said wife MARY BALLARD and my son in law JOHN LYDDON executrix and executor of this my will and revoke all wills by me here to for made In Witness where of i have here unto set my hand this thirteenth day of December in the year of our lord one thousand eight hundred and forty two

SIGNED by the above named
WILLIAM BALLARD in
the presence Of us present at the
same time who have here unto
signed our names as witnesses
there to in the presence of the
said WILLIAM BALLARD
and in the presence of each other.

Note; Signed, Wm Ballard
Witness, Wm Stinchcombe Soliciter
Tho Jefferson Sol. Clerk.

Adrian John Ballard. Transcribed 1999.c.

MARY BALLARD (nee Lusty) prepared her last Will and Testament on the 23rd day January 1861.

This is the last Will and testament of me MARY BALLARD of the City of Bristol widow. I appoint WILLIAM MOORE of the same City, Scripture Reader, Executor of this my will. I give my Chimney? Glass? to Mrs COPP formally SARAH LYDDON, daughter of JOHN LYDDON late of the Old Market, Pawnbroker. I give my Clock and my Silver Cream Jug to EMILY SPILLING, daughter of JAMES SPILLING formally of London, Tailor. and all the rest of my furniture, wearing apparel and household effects, I give to my niece, CHARLOTTE CHAMPION, wife of CHARLES CHAMPION of Stonehouse in the County of Gloucester, Grocer and Baker. I give to my brother JOHN LUSTY a suit of black cloth to be paid for by my Executor out of my personal Estate. I give to the said WILLIAM MOORE the sum of Five Pounds. And after payment of the above Legacies and my Debts and funeral and Testamentary expences. I give the residue of my personal Estate equally between my said niece CHARLOTTE CHAMPION and my sister ELIZABETH FOWLER. But in case the said ELIZABETH FOWLER shall die in my lifetime, then I give the whole of such residue to my said neice CHARLOTTE CHAMPION absolutly. And lastly revoking all former Wills, I declare this to be my Last Will and Testament, In witness wherof I have set my hand this Twenty Third day of January One Thousand Eight Hundred and Sixty One
Signed Mary Ballard, W Bevan?, James <----------> Soles? Bristol

Proved in Bristol the Fifth day of January 1865 by the oath of WILLIAM MOORE the sole executor to whom adm was granted.

The Testator MARY BALLARD was late of Bristol widow and died on the Twenty fifth day of December 1864 at Bristol. Under £200

Transcribed the 9th day of May 2000 by A.J.Ballard. c.