26 January 1828 Will of Samuel James Ballard of Walcot Somerset, esquire and vice admiral (proved 17 November 1829)

Source: TNA, PROB 11/1762

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This is the last Will and Testament
of me Samuel James Ballard of the Parish of Walcot in the
County of Somerset Esquire a Vice Admiral in his Majestys Navy touching
the settling and disposing of such worldly Estate wherewith it hath pleased God to
bless me First I will and direct that all my Just debts funeral expences and the costs
and charges of proving this my Will be fully paid and satisfied and Whereas i am
entitled in remainder under the Will of the late William Flint Esquire a Lieutenant
Colonel in the Honorable East India Company's service on the Madras Establishment
to the capital sum of Six thousand six hundred and sixty six pounds thirteen
shillings and four pence Three per cent Consolidated Bank Annuities expectant
on the decease of Hannah Tull otherwise Hannah Flint and William Henry Flint
who under the same are entitled to the Dividends of the said Stock for their Joint
and several lives Now I give and bequeath the said sum of Six thousand six
hundred and Sixty six pounds thirteen shillings and four pence Three per cent
consolidated Bank Annuities from and after the decease of the survivor of them the
said Hannah Tull otherwise Hannah Flint and William Henry Flint in manner
following (that is to say) As to one moiety thereof unto my relation Mr Charles Steel
Nephew of the said Lieutenant Colonel Flint deceased his Executors Administrators
and Assigns absolutely And as to the other moiety thereof I give and bequeath the
same unto and amongst all and every such one or more of the children of the said
William Henry Flint who shall survive him and live to attain the age of
twenty one years if more than one in equal shares and proportions and I direct that
the interest and dividends may in the mean time be applied for their his or her main-
tenance and education but in case the said William Henry Flint shall happen
to die without leaving lawful issue or there being such all of them shall die with
out attaining the said age of twenty one years then I direct that the same last
mentioned moiety of the said stock shall sink into and become part of my residuary



estate and be applied and disposed of in such manner as such residuary estate is
hereinafter directed to be disposed of I give and bequeath unto my dear Wife
Catherina the use and enjoyment during her natural life of all my household
goods and furniture and implements of Household books prints and pictures plate
linen glass ware and china which shall be used in or about my dwelling
house or usual place of residence at the time of my decease also I give to my
said Wife for her absolute use my wines spirits and other liquors and all other
articles of family consumption I give and bequeath unto my Cousin John
Spicer of Christchurch in the County of Southampton Esquire and my friend
Edward Dix Esquire a Captain in His Majesty's Navy and my said dear Wife
their Executors and Administrators the sum of Four thousand pounds Three per cent
consolidated Bank Annuities upon Trust to pay and apply the dividends interest
and annual produce thereof unto my said dear Wife or otherwise to permit and
suffer her to receive and take the same for her own use and benefit during the
term of her natural life and from and after her decease I direct that the said
sum of Four thousand pounds Three per cent consolidated Bank Annuities and
the stocks funds and securities in or upon which the same may be invested shall
be held by the Trustees or Trustee for the time being of this my Will In Trust as to one
moiety thereof upon the same Trusts as are hereinafter declared concerning the
residue of my Estate and as for the other moiety thereof in Trust for any one or
more of my three children hereinafter named or the issue of any one or more of my
said children exclusively the one or any other or others of such children or issue or
in such parts shares and proportions as my said dear Wife by any deed or
instrument in writing or by her last Will and Testament in writing to be respectively
signed by her in the presence of and attested by two or more credible witnesses
shall bequeath direct or appoint the same and in default of any such bequest
direction or appointment and as to such part or parts thereof whereof no such
direction or appointment shall be made it is my Will that the same shall fall
into and become part of my residuary personal estate I give and bequeath the sum
of sixteen thousand pounds Three per cent consolidated Bank Annuities unto the
said John Spicer Edward Dix and my said dear Wife their Executors Administrators
and assigns upon Trust that they my said Trustees or the survivors or survivor of
them or the Executors Administrators or assigns of such survivor do and shall
during the respective natural lives of my two daughters Maria Charlotte
Ballard and Anna Elizabeth Ballard pay the interest and dividends of the said
sum of Sixteen thousand pounds Three per cent consolidated Bank Annuities and
of the stocks funds and securites in which the same shall for the time being be
invested into the hands of the said Maria Charlotte Ballard and Anna Elizabeth
Ballard in equal moieties or to such person or persons as they whether covert such
coverture being with such consent as hereinafter mentioned or sole shall
respectively by any writing under their respective hands from time to time
appoint to the intent that the same may not be subject to the debts controul or
interference of any hunsband with whom they may respectively intermarry
and the receipt or receipts of each of them the said Maria Charlotte Ballard and
Anna Elizabeth Ballard for her share of the said interest and dividends or the
receipt or receipts of the person she shall appoint to receive the same shall whether
she be covert or sole be an effectual discharge or effectual discharges for the money
therein mentioned and acknowledged to be received Provided that in case either of
my said Daughters shall marry without the consent of the Trustees or Trustee
for the time being of this my will first had and obtained Then I direct that such
Daughter shall be entitled only to a clear annuity or yearly sum of One hundred
pounds for her life by half yearly payments for her like sole and separate use
the first payment whereof to commence and be made at such period as the next
dividends or itnerest of the said stock funds and securities shall become payable
after such marriage and that the residue of her said moiety of the interest and
dividends arising from the said trust stock shall accumulate at compound
interest and be disposed of in like manner as the said moiety of the said principal



sum is hereinafter directed to be applied on the decease of either of my said Daughters
and from and after the decease of each of them my said Daughters upon Trust that
then my said Trustees or Trustee for the time being do and shall pay and transfer
one moiety or equal half part of the said principal monies stocks funds and
securities together with all accumulations thereon (if any) unto all and every
the child and children of the body of my said Daugther so dying lawfully begotten
who shall live to attain the age of Twenty one years equally to be divided
between or amongst such children share and share alike if there shall be more
than one the same share or shares to become vested in him her & them respectively
whether surviving or dying in the lifetime of my said Daughter on his her or
their attaining his her or their age or respective ages of Twenty one years Provided always and I do
hereby declare that if both or either of my said daughters Maria Charlotte and
Anna Elizabeth shall depart this life without having any child lawfully
begotten who shall live to attain the said age of twenty one years then the
porcion or prtions of her or them my said daughter or daughters so dying
as aforesaid together with the accumulations thereof (if any) shall go and
accrue to such one or more of them my said daughters and my Son Samuel
Wrangham Ballard who shall be then living and the issue of such of them
as shall be dead leaving lawful issue (such issue taking the share of his her
or their parents therein) equally to be divided amongst them if more than
one share and share alike and the same shall become vested and payable or transfer
able as to the share (if any) of either of my said Daughters or her issue at
such ages days and times as their her or his original portion or portions is
or are hereinbefore directed to become vested and payable or transferrable and
as to the share (if any) of my said son or of his issue at such ages and times
as is hereinafter directed respecting the vesting of my residuatry estate and
shall together with such original share or shares until such ages or times
respectively be subject and liable to a similar chance and condition of accruer
or survivorship and be held upon and for the like trusts intents and purposes
as are hereby respectively declared of and converning the principal sum herein
before given unto or in favor of my said Daughters and of my said residuary
estate and the interest dividends and produce thereof respectively I give and devise
all that my messuage or mansion house farm and lands called Coates Hall
with the rights members and appurtenances thereunto belonging situate in the
parish of Snaith in the County of York and which were devised to me by the
Will of my late relative Mrs Charlotte Flink of Coates Hall aforesaid by the
name of Samuel Ballard unto the said John Spicer Edward Dix and my said
dear Wife their heirs and assigns To the uses and upon the trusts hereinafter
expressed and contained of and concerning the same (that is to say) To the use of
my said Son Samuel Wrangham Ballard and his assigns during his life
without impeachment of waste and after the determination of that estate by
forfeiture or otherwise in his life time To the use of the said John Spicer
Edward Dix and my said dear Wife and their heirs during the life of the said
Samuel Wrangham Ballard In trust for him and by the usual ways and
means to preserve the contingent remainders hereinafter devised and after the
decease of the said Samuel Wrangham Ballard To the use of such one or more
of the children of the body of my said Son lawfully begotten whether surviving or
dying in the lifetime of my said Son equally to be divided between or amongst
such children their his & her heirs and assigns for ever as Tenants in common
when and as they he or she shall respectively attain their his or her respective
ages of Twenty one years Provided always and I do hereby declare that if any
one or more of the children of my said Son Samuel Wrangham Ballard shall
die under the said age of twenty one years then as well the original share or
shares of the child or children so dying as the share or shares which by virtue
of this present proviso shall have accrued to thim her or them of and in my said
Coates hall Estate shall go and remain and be to the other or others of the said
children and if more than one in equal shares as tenants in common his her



and their heirs and assigns for ever and in the event of my said son departing
this life without having any child whether surviving or dying in the lifetime
of my said son who shall live to attain the said age of Twenty one years then I
direct my said Trustees and their heirs to stand seized of the Fee simple and
inheritance of my said Estate In trust for the heirs and assigns of the said
Samuel Wrangham Ballard for ever And as to all that my Leasehold messuage
or dwelling house and premises with the appurtenances No 29 in Park Street
in the parish of Walcot aforesaid wherein I now live (subject nevertheless to
the life Interest of my said Wife therein under our Marriage settlement)
and all my monies and securities for money money in my Banker's hands
money in the Funds and all other my personal estate and effects whatsoever and
wheresoever (not hereinbefore specifically disposed of) I give and bequeath the
same and every part thereof unto the said John Spicer Edward Dix and my said
dear Wife their Executors and Administrators upon Trust to assign transfer and
assure the same and every part thereof and the accumulations thereof (if any) unto
my said Son Samuel Wrangham Ballard his Executors Administrators & assigns
when and as soon as he shall attain the age of twenty three years for his and their
absolute use and benefit but in case my said Son shall depart this life without
attaining his said age of twenty three years leaving issue of his body lawfully
begotten then upon Trust that they my said Trustees or Trustee for the time
being do and shall assign transfer and assure the whole of my said residuary
estate together with all accumulations thereof (if any) unto all and every the
child and children of the body of my said son lawfully to be begotten to be divided
between or amongst such children share and share alike if there shall be
more than one the same share or shares to become vested in him her and them
respectively on his her and their attaining his her or their age or respective
ages of Twenty one years provided always and I do hereby declare that in
case my said son shall depart this life without attaining his said age of
Twenty three years and without having any child lawfully begotten who
shall live to attain the said age of twenty one years Then that the Trustees
or Trustee for the time being of this my Will shall from and after the decease
of my said son under such age as aforesaid and such failure of issue stand &
be possessed of the whole of my said residuary estate together with all accumulations
thereof (if any) Upon the same Trusts with the like benefit of survivorship and
subject to the same power provisoes conditions and restrictions for the benefit
of my said two Daughters Maria Charlotte and Anna Elizabeth and their
children respectively as are hereinbefore declared concerning the said sum of
Sixteen thousand pounds Three per cent consolidated Bank Annuities or as
near thereto as the circumstances of the case will admit of And in case both of
my said Daughters shall heppen to die without having any child lawfully
begotten who shall live to attain the said age of twenty one years and my
said Son shall happen to die under the said age of Twenty three years without
having any child lawfully begotten who shall live to attain the said age of
twenty one years then after the decease of the survivor of my said children &
such failure of issue as aforesaid the said Trustees or Trustee for the time being
shall stand and be possessed of as well the said sum of Sixteen Thousand
Pounds Three per cent consolidated Bank Annuities as also of my said
residuary estate and the Stocks funds and securities in which the same may be
invested upon the Trusts following (that is to say) As to the sum of Eight thousand
pounds Three per cent consolidated Bank Annuities In trust for the above
named Charles Steel Nephew of the said Lieutenant Colonel Flint deceased his
Executors Administrators and assigns absolutely And as to the residue and overplus
thereof in Trust for the said Charles Steel and William Flint Esquire brother of
my late Wife their respective Executors Administrators and assigns absolutely
equally to be divided between them share and share alike as tenants in common
and not as Joint tenants Provided always nevertheless and my will is that it shall
and may be lawful for the Trustees or Trustee for the time being of this my Will to



demise and lease for a term of years not exceeding seven years or to sell and
absolutely dispose of my said hereinbefore devised estate called Coates Hall and
my said House in Park Street (subject to the aforesaid life interest of my said Wife
therein) together or in parcels by public auction or by private contract as to them
him or her shall seem expedient for the best price or prices in money that can
be reasonably had or gotten for the same and in case of such sale or sales I
declare that the receipt or receipts of my said Trustees or the survivors or survivor
of them his or her Executors or Administrators shall at all times be a good and
sufficient discharge and discharges to the purchaser or purchasers of all or any
part of my said estates for so much money as in every such receipt shall be
expressed to have been received and that such purchaser or purchasers shall
not afterwards be obliged to see to the further application of the purchase money
nor be answerable for the misapplication or nonapplication thereof And I do direct
that my said Trustees and the survivors and survivor of them and the Executors
or Administrators of such survivor do and shall place out and invest the moneys
to arise by such sale or sales in their his or her names or name as aforesaid in
or upon any of the parliamentary stocks or funds of Great Britain or on real
securities in England at interest and do and shall vary alter or transpose such
stocks funds or securities for others of the natures or descriptions aforesaid when
and so often as it shall seem expedient and do and shall stand and be possessed
of all the said moneys stocks funds and securities and the dividends interest and
annual proceeds thereof upon such and the same trusts and subject to and under
such powers provisoes and declarations as are respectively hereinbefore expressed
and declared of and concerning my said Coates Hall Estate and my said house
in Park Street Provided also and I do hereby further direct that it shall and
may be lawful to and for my said Trustees or Trustee for the time being at their his
or her own discretion and authority to pay and apply any part of the interest
dividends and annual produce of the share or shares of my said son and after his
decease of the presumptive share or shares of any or either of his children which
may not have become vested and after the decease of each of my said Daughters to
pay and apply the dividends or interest of the share or shares of such of her
respectively children taking as aforesaid as shall not have acquired a vested interest
in the portion or portions hereinbefore provided or intended for him her or
them respectively for and towards his her or their maintenance and education
respectively until the same rspectively shall become payable And also that
it shall and may be lawful to and for my said Trustees or Trustee for the time
being to apply and dispose of any part of the share of my said son of and in
my personal estate and after his decease any part of the presumptive share
or shares of any or either of his children (being a Son or Sons) which may not
then be vested and after the decease of each of my said Daughters (and in her life
time with her consent) to apply and dispose of any part of the presumptive share
or shares of such of her respective children taking as aforesaid (being a son or sons)
as shall not have acquired a vested interest in the portion or portions hereinbefore
provided or intended for him   or them respectively for placing him or them in
or to any profession or employment or otherwise for his or their benefit or advance
ment in the World And I do hereby authorize and empower my said Trustees & the
survivors and survivor of them and such other Trustees or Trustees as shall be
thereafter introduced into the aforesaid Trusts by virtue of the power hereinafter
contained at any time or times after my decease as often as they he or she shall
think proper to alter and change the securities on which all or any part of the
said Trust moneys are now or shall hereafter be placed out and from time to time
as often as he she or they shall think fit again to place out the same upon
government or such other good and sufficient real securities as he she or they shall
think proper Provided always and I do hereby declare that if the Trustees
appointed in this my Will to to be appointed as hereinafter is mentioned or any of
them shall happen to die or be desirous of being discharged from or refuse or
decline or be incapable to act in the trusts hereby in them respectively reposed as



aforesaid before the said trusts shall be fully executed then and in such case and when
and so often as the same shall happen it shall and may be lawful to and for the then
surviving or continuing trustees or trustee or the Executors or Administrators of the
last surviving or continuing trustee by any instrument or instruments in writing
under their his or her hands or hand from time to time to nominate substitute or
appoint any person or persons to be a trustee or trustees in the stead or place of
the trustee or trustees so dying or desiring to be discharged or refusing declining or
becoming incapable to act as aforesaid And when and so often as any new trustee
shall be nominated and appointed as aforesaid all the trust estates moneys and
premises the trustee or trustees whereof shall so die or desire to be discharged or
refuse decline or become incapable to act as aforesaid shall be thereupon with all
convenient speed conveyed transferred and assigned in such sort and manner and
so as that the same shall and may be legally and effectually vested in the person
or persons so to be appointed as aforesaid either solely or jointly with the surviving
or continuing trustee or trustees as occasion shall require to the uses and upon and
for the trusts intents and purposes hereinbefore expressed and declared of & concerning
the said trust estates moneys and premises or such of them as shall be then
subsisting undetermined and capable of taking effect and the person or persons so to
be appointed as aforesaid shall have all the powers and authorities of the
trustee or trustees in whose room he or they shall be substituted provided and I
do hereby further direct and declare that my said trustees and each and every of their
Heirs Executors Administrators and Assigns shall be charged and chargeable only for so
much money as they and each and every of them shall respectively actually receive by
virtue of and under this my Will and that any one or more of them shall not be
answerable or accountable for the others or other of them nor for the acts receipts
neglects or defaults of the other or others of them but each of them for his own acts
receipts neglects or defaults only nor shall they nor any of them be answerable or
accountable for any banker or broker or other person with whom any of the said
trust moneys and premises may be deposited for safe custory or otherwise in the
execution of the said Trusts nor for the insufficiency or deficiency of any stocks
funds or security in or upon which any of the said trust moneys may be invested
in pursuance of or in conformity to this my Will or for any other misfortunes loss or
damage which may happen in the aforesaid trusts or otherwise in relation
thereto nor unless the same shall happen by or through their own wilful defaults
respectively And also that they the said Trustees so appointed or to be appointed
shall and may by and out of the monies which shall come to their respective
hands by virtue of the trusts aforesaid retain and reimburse himself herself and
themselves and allow to his her and their cotrustee and cotrustees all costs charges
and expences which they or any of them may respectively sustain or expend or be
put unto in or about the execution of the trusts aforesaid or in any matter relating
thereto And Lastly I do hereby revoke all former and other will and wills by
me at any time heretofore made and I do make ordain constitute and appoint the said
John Spicer Edward Dix and my said Wife Executors and Executrix
of this my Will and Guardians of my said Son during his minority In Witness
whereof I have to the six first sheets hereof set my hand and to this seventh and
last sheet my hand and seal this twenty sixth day of January in the year of
our Lord One thousand eight hundred and twenty eight  S.J.Ballard (LS)
Signed Sealed published and declared by the said Samuel James Ballard the
Testator as and for his last Will and Testament in the presence of us who at his
request and in his presenc have subscribed our names as Witnesses thereto the
words "as to one moiety thereof upon the same Trusts as are hereinafter declared
concering the residue of my Estate and as to the other moiety thereof In Trust" being
first inserted at the top of the second sheet thereof  J Bullen Rear Admiral Bath
Henry John Mant  W A Bruce Solrs Bath

Whereas I have given by my said Will my Coates hall Estate to
the Heirs and assigns of my said son in case he should have no child who should



live to attain the age of tweny one years now I do hereby revoke such devise to the
heirs and assigns of my said Son and do hereby give and devise my said Coates
Hall Estate (subject to the Estate given by my said Will to my said Son and his
children) and every part thereof equally to be divided between my said two
Daughters their Heirs and assigns for ever as Tenants in common In all other
respects I confirm my said Will and direct this to be taken as a Codicil thereto
Dated this said twenty sixth day of January One thousand eight hundred and
twenty eight  S J Ballard (LS) Signed Sealed published and declared by the
said Samuel James Ballard as a Codicil to his said Will in the presence of us
J Bullen  Henry John Mant  W A Bruce

Whereas I Samuel James Ballard have made and
duly published my last Will and Testament in writing bearing date (together with
a Codicil thereto) the twenty sixth day of January last past Now I do hereby declare
this to be a further Codicil to my said Will and I direct the same to be annexed thereto &
taken as part thereof And whereas I have by my said Will given and bequeathed
to John Spicer Esquire Captain Edward Dix and my dear wife Catherina Ballard
their Executors Administrators and assigns the sum of Sixteen thousand pounds
three per cent consolidated Bank Annuities upon Trust for my Daughters Maria
Charlotte Ballard and Anna Elizabeth Ballard and their issue in equal moities as
therein mentioned And whereas my said Daughter Maria Charlotte hath lately
intermarried with the Reverend Robert Serjeantson and previously thereto I trans-
-ferred into the names of the Trustees of the Settlement made in contemplation of such
Marriage the sum of Five thousand pounds of like Stock Now I do hereby revoke
the said bequest of the said sum of Sixteen thousand pounds three per cent
consolidated Bank Annuities so made to the said John Spicer Edward Dix
and my said dear Wife as aforesaid so far as respects the share thereof given by my
said Will In trust for my said Daughter Maria Charlotte Ballard and her issue
and in lieu thereof I give and bequeath to the Trustees and Trustee for the time being of
the said Settlement the sum of Three thousand pounds of like consolidated Bank
annuities to be from time to time applied and disposed of in such manner in all
respects and with such powers and authorities as are respectively declared & contained
in the same Settlement respecting the said sum of Five thousand pounds three per
cent consolidated Bank Annuities And I do hereby declare that in case my son
Samuel Wrangham Ballard shall enter or be desirous of entering into Holy
Orders and the Trustees for the time being of my said Will shall think it adviseable
to make Sale and dispose of my Coates Hall Estate pursuant to the power for
that purpose contained in my said Will it shall and may be lawful for my said
Trustees (in case my son shall so wish) to lay out and invest all or any part of
the proceeds of such sale in the purchase of an Advowson and right of presentation
of or to some Rectory within the Province of Canterbury or of York to be held
by my said Trustees as near as may be upon the same Trusts as are by my said
Will and first Codicil declared of or concerning my said Coates Hall Estate and
with the same powers and provisoes in all respects as are therein given or
contained respecting the same Estate And I do hereby ratify and confirm my
said Will in every respect except where the same is hereby revoked and altered as
aforesaid In Witness whereof I the said Samuel James Ballard have to
this Codicil set my hand and seal this twenty seventh day of November One
thousand eight hundred and twenty eight S.J. Ballard (LS) Signed Sealed
published and declared by the said Samuel James Ballard as and for a serious Codicil
to my said Will in the presence of us who at his request and in his presence have
subscribed our names as witnesses thereto W L Crawley A.M. Clerk Heyford
Northnshire  Susanna Crawley St James's Square Bath
W A Bruce Solr Bath

Proved at London with two Codicils 17th November 1829 before the Judge by the Oaths
of John Spicer and Edward Dix Esquires and Catharina (in the Will written Catherina)
Ballard Widow the Relict the Executors to whom Administration was granted having
been first sworn by Commission duly to Administer

Last Modified: Saturday, 19-Jul-2014 20:56:37 NDT