Source: TNA, PROB 11/1144
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This is the last Will and Testament of me Samuel Ballard of Godalming in the County of Surry Gentleman First (by Virtue of the power to me for that purpose reserved and given in and by a Settlement made previous to my Marriage with Lydia my now Wife and of all and every other power and powers authority and authorities me thereunto enabling) hereby give devise direct limit and appoint all that and those my Messuage or Tenement Hereditaments and Premises situate lying and being on the North Side of Great Penny Street in Portsmouth in the County of Southampton with their and every of ther Appurtenances And also all other my Real Estate whatsoever and wheresoever of which I have a disposing power from and after the decease of my said Wife to my four Children Samuel James Ballard William Edward Ballard Lydia Elizabeth Ballard and Elizabeth Joanna Ballard and their Heirs for ever as Tenants in Common and not as joint Tenants Provided always that if any or either of my said children shall die under the age of twenty one years without issue of his her and their Body and Bodies respectively lawfully begotten then I give devise enact limit and appoint the part and share and parts and shares of him her and them so dying of and in my said Messuage or Tenement Hereditaments and premises and of and in all other my Real Estate to the other and others of them my said Children equally to be divided between them (if more than one) and they to take as Tenants in Common and his her and their respective Heirs and assigns for ever And if but one then to that one one Child and his or her Heirs and Assigns for ever And if all my said Children shall die under the age of twenty one years without Issue of their or of any or either of their Bodies lawfully begotten then I devise direct limit and appoint my said Messuage Hereditaments and Premises and real Estate to my own right Heirs for ever Also I give and bequeath to my said Wife all my plate Linen Books Liquors Wearing Apparel Household Goods and Household Furniture and Subject to the Payment of my just Debts and Funeral and Testamentary Charges and expences I give and bequeath all the rest and residue of my personal Estate whatsoever to my Brother in Law William Flint of Coatshall near Sneath in the County of York Esquire and Samuel Leeke of Portsmouth aforesaid Esquire Upon Trust and to the Intent and purpose that they and the Survivor of them and the Executors and Administrators of Such Survivor shall and do put or continue out at Interest Call in and Place out again at Interest from time at his and their discretion the Clear and neat Surplus of the said residue of my said personal Estate on Government or Private Ral or personal Security or Securities and pay the Interest dividends and proceeds thereof to my said Wife from time to time during the term of her natural Life And upon further Trust from and after her decease to pay such clear and neat Surplus and the Interest thereof to such of my said fourt Children as shall attain the age of twenty one years or Marry equally to be divided between or amongst them if more than one or their respective Executors Administrators or Assigns and if but one of them shall attain that Age or Marry then to pay the whole thereof to that one Child or his or her Executors Administrators or Assigns And if no one or more of them my said Children shall attain the Age of twenty one years or Marry then to pay the said clear and neat Surplus of the said residue of my said Personal Estate to my next of kin in equal degrees according to the Statute for the distribution of Intestates Estates provided always and I hereby will declare and direct that the Interest and Produce of such part and Share & Parts and Shares of such said Clear and neat Surplus as my said four Children respectively would or will become intitled to by or on attaining the Age of twenty one years or Marrying accruing from and After the decease of my said Wife shall be paid and applied from time to time by the said Trustee and Trustees for the respective maintenance Education use and benefit of such Children respectively until he she and they respectively shall attain that Age or marry marry if he she and they respectively shall so long live and I hereby nominate make and appoint the said William Flint and Samuel Leeke Executors in Trust of this my last Will and Testament and do hereby revoke all former Wills by me made and I hereby appoint them the said William Flint and Samuel Leeke and the Survivor of them Guardian and Guardians of my said Four Children respectively from and after the decease of my said Wife unto he she and they respectively shall have attained the age of twenty one years and I hereby Will and direct that my said Trustees and Executors and the Survivor of them and the Executors and Administrators of such Survivor shall and do receive and take and give acquittances for the Rents of the Parts and Shares of my said Children respectively of and int he said Messuage Hereditaments and premises and real Estate during their respective Minorities and pay and apply the same to and for their respective Maintenance Education use and benefit and it is my Will and I hereby declare that my said Executors and Trustees respectively shall be chargeable or accountable only with or for what Monies they shall respectively actually receive and that they or any or either of them shall not be answerable or accountable for any involuntary Loss of any Trust Monies by bad Securities or otherwise nor one of them for the other or others of them but each and Every of them only for his and their own respective Acts Receipts neglects and defaults and that they respectively shall and may by and out of the Monies which shall come to their respective Hands by virtue of this my Will and the Trusts thereof or of any of them retain to and reimburse themselves respectively and pay to their respective Co Trustee or Co Trustees what they respectively shall reasonably Charge for their respective Loss of time and Trouble and also all such Costs Charges Damages and expences as they any or either of them shall or may bear pay or be put unto by reason or means of this my Will or the Trusts thereof or of any of them or in or about the Management and Execution thereof In Witness whereof I the said Samuel Ballard the Testator have to this my last Will and Testament contained in this and the Preceding Sheet of Paper set my Hand and Seal to wit to each Sheet thereof (the words "and premises" between the thirteenth and fourteenth Lines of the first sheet being first interlined) the Sixteenth day of August in the Year of Our Lord One thousand seven hundred and eighty four Sam: Ballard LS Signed Sealed and Published by the said Samuel Ballard Ballard the Testator as and for his last Will and Testament in the presence of us who Subscribed our names as Witnesses thereto in the presence and at the request of the said Testator and in the presence of one another James Snelling Thomas Snelling Wm Smith This Will was proved at London the fourth day of August in the Year of Our Lord One thousand seven hundred and eighty six before the Worshipful George Harris Doctor of Laws Surrogate of the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of William Flint and Samuel Leeke Esquires the Executors named in the said Will to whom Administration was granted of all and Singular the Goods Chattels and Credits of the said deceased having been first Sworn duly to administer
Last Modified: Sunday, 20-Jul-2014 11:29:22 NDT