Will of John Ballard of Yorktown,
Merchant 24 Dec 1744
York
In the name of God Amen. I John Ballard
of York Town in the County of York Merch. being in good health at
present But no knowing when it may pleas God to take me out of
this world There fore for avoiding contention after my death I do
make this my last Will and Testament.
Imprimis my desire is that all my just Debts and funeral expenses
be first paid and then I lend unto my beloved wife Elizabeth Ballard during her Widowhood for the
better enabling her to maintain the bring up my Children the
following six slaves namely Mingo, Frank, Old Will, George, Jenny
and Mary, but in case of her marriage or death then I give the
said Six Slaves with their Increase to my Son Thomas Ballard and to his Heirs.
I likewise lend unto my said Wife during her Widowhood all my
Household furniture and Kitchen Furniture that shall be in use at
the time of my death also my Chaise Harness and Horses but in
case she Marrieth again or at her death then I give all of thoes
things to my Son Thomas and to his Heirs and if my said wife
Marrys or dies before my Son Thomas arrives to the age of twenty
one years then I desire that all the Household furniture Kitchen
furniture Chase Harness Horses and Cart and Horses be Sold at
Publick Auction upon twelve months credit and the produce thereof
I give to my Son Thomas and if he dies before he comes to the Age
of twentyone Years then I desire that the produce thereof be
equally divided amongst all my Surviving Children.
I likewise desire that the Rent of those two Lotts and Houses of
mine wherin Henry Walters and Susanna Thompson now live may be
paid to my said Wife (until my Sons to whom they shall be given
come of Age) for the better enabling her to maintain and bring up
my children as aforesaid.
Item I Give unto my Son Thomas Ballard
and to his Heirs the Lott or half Acre of Land whereon I now live
described in the plan of the Town by the Figures 54 together with
all other Houses and Appurtenances thereto belonging and also an
Acre of Ground which I bought of Mr. Gwyn Reade Lying on the
South West Side of the two (?) Town Lotts where Capt. William
Rogers lately dwelt also my Plantation near York Town called Rich
Neck Joining the land of Edward Baptist also my Warehouse at the
Water Side, also two your negro men named Giles and Jerry and
Also my Gun Pistols Sword and Watch.
Item I give unto my son John Ballard
and to his Heirs one half acre of Land which I bought of Mr. Gwyn
Read and where on Henry Wallace now lives joining to the South
West side of the Town Lott belonging to Co. Digges, Esq. Together
with the housees and Appurtenances thereto belonging and also a
negro boy named William, son of negro Madge.
Item I give unto my Son Robert Ballard
and to his Heirs one half acre of Land which I bought of Mr. Gwyn
Read joining to the half acre of Land before given to my Son John
and joining to a Town Lott of Richard Ambler, Esq. and whereon
Susanna Thompson now lives together with the Houses and
Appurtenances thereon and also negro boy named Ben.
Item I Give unto my Son William Ballard
and to his Heirs one acre of Land which I bought of Mr. Gywn
Reade lying and joining to two Town Lotts described in the Plan
of the Town by the Figures 67 and 71 and also a negro boy named
Michael and a negro girl named Kate.
Item It is my Will and desire that if It shall Please God that
either of my sons John or Robert should dye before they come to
the Age of twenty one Years that the land with the Appurtenances
given and devised to him dying shall descend and go to my Son
William Ballard and to his Heirs and
if both my Said Sons John and Robert should dye before they come
to twenty one Years of Age that then My son William shall have
his choice of the lands and Houses with the Appurtenances given
and devised to them and my Son Thomas Ballard
to have the other to him and to his Heirs.
Item I give unto my Daughter Catherine Ballard
and to her Heirs one young negro woman named Phillis and her
child Lucy and a negro girl named Hannah daughter of negro and
twenty Pounds Current Money to by her a piece of plate.
Item I give to my Daughter Ann Ballard and to Her Heirs one negro girl
named Hannah and a negro girl named Grace.
Item I give unto Miss Jary Gibbons the Sum of ten Pounds to be
paid her a Year after my death.
Item It is my Will and desire that all the remainder of my Estate
of what kind soever which I have not already particularly given
and bequeathed away and all the Goods which may come into me
after my death be sold upon twelve months credit and the buyer
giving good security but it is my desire that the Goods which may
come in to me after my death--- be sold intire without being
broke and the produce of the whole together with what case I may
have by me and all Outstanding Debts when received be equally
divided between my said Loving Wife Elizabeth Ballard and my four sons Thomas, John,
Robert and William and my three Daughters Catherine, Elizabeth
and Ann.
Item It is my Will and desire that my Son Thomas Ballard be bound to Messrs Thomas and
William Nelson or to Thomas Nelson, Jr. Esq. until he comes to
the Age of Twenty one years and that my son John be bound when he
comes to the Age of Sixteen Years to the sea if he shall approve
of that if not then to some other calling as my Executors shall
think proper till comes to the Age of Twenty One years and that
my other two sons Robert and William be bound to some trade or
calling as my Executor shall think proper when they Arrive to
Sixteen Years of Age and to services till they arrive the Age of
twenty one and that my sons live with their Mother till bound out
and my daughters till Marriage or till they respectively arrive
to lawful Age.
Item It is my desire that as the Money ariseing upon the Sale of
the Goods ordered to be sold and all other Money as fast as it
shall be received be paid to Mr. William Nelson, Jr. whom I
desire to put the same out to Interest taking two good Securities
for each Sum so by him put out and the principal and Interest to
paid to my Children when they shall be respectively capable to
demand it. And Lastly I do appoint my said living Wife Elizabeth Ballard, Maj. John Buckner,
Mr Matthew Hubard, Mr Edmund Smith and Mr Samuel Reade Executors
of this my last will and testament, to whom I give a Gold Ring of
a Guinea Pirce to be bought in England, hereby revoking all other
wills and Testaments by me before in any manner made in Witness
whereof I hereunto set my hand and Seal this 24th Day of December
1744. Sig: John Ballard (L.I.)
Signed Sealed and declared by the above named John Ballard for and as his last Will and
Testament in the Presence of us. Edmd Smith, John Gibbons, Philip
Dedman, Thomas Loyd
No court held for York County the 16th day of september 1745.
this will was presented in Court by Elizabeth Ballard one of the Executors and the same
was proved by the Oaths of Edmund Smith, John Gibbons, Philip
Dedman and Thomas Loyd the Witnesses therto and on the motion of
the said Elizabeth and made Oath according to Laws Ordered to be
recorded. And At a Court held for the said County the 18th day of
November 1745. John Buckner Gent
another of the Executors named in the said will made Oath thereto
according to the Law and on the Motion of the said Elizabeth Ballard and John Buckner
Certificate was granted them for obtaining a probate thereof in
due form Giving Security Whereupon they together with William
Nelson Esq their Security entered into and Acknowledged Bond in
the Penalty of L5000 for the due Admin. of the Decedents Estate.
Teste Thomas Everard ? presented 16 Sept, probate Certificate
granted 18 Nov 1745.
Proved: 16 Sept 1745, D.O.W. 20, p. 3
Elizabeth Ballard & John Buckner, Gent. qualified as executors, 18
Nov 1745