The Will of Addison M. Ballard of Oldham County, Kentucky (1799-1879).

Addison M. Ballard, a son of James Ballard of Spotsylvania County, Virginia died unmarried and without issue, but his will, transcribed below, provides interesting insight into his time and character.

Addison M. Ballard was born 17 October 1799 in Spotsylvania county, Kentucky and died 26 July 1879 at the town of LaGrange in Oldham county, Kentucky.  A diary that he kept from 1839 to 1853 resides among the records of the Kentucky Historical Society.

Will of Addison M. Ballard of Oldham County, Kentucky

I, Addison M. Ballard, according to family records was born on the 19th of October 1799 in Spotsylvania County, Virginia, near Fredericksburg, but was of Henry County, Kentucky, where I have resided since February 1831.  Being now May the 12th 1870 in good health, of sound mind & disposing memory do make this my last will & testament: should I not think proper hereafter to alter it, as follows:

1. So soon after my death, as convenient, I desire to be buried in a metallic coffin, at the graveyard where my brother Thomas M. Ballard wife & some of the family are now buried (B.J. Ballard now owning the premises).

2nd. I desire my Executor (hereinafter mentioned) to pay my burial expenses out of what money I may leave on hand, if none held out of what he may first collect out of my estate, and also to pay off all my just debts of which there are but few, & should I live much longer, I think there will be none to pay.

3. I give & bequeath to Benjm. J. Ballard the old James Ballard place commencing from the Southern corner between me thrice running east, to a stone, in the line between me & P. Harwood nearly opposite Harwood’s graveyard, bounded East by Harwood’s by the Taylor or B.J. Motes farm, W by the Come’s or Day’s place & Spot Houseworth & N by B.J. Ballard & the place whereon I lived see deed from Bland & Jas. T. Ballard & B. Rounder & Absalom Matthews for the same.

4. I give & bequeath to James B. Ballard the place whereon I now live, from the old James Ballard place given to B.J. Ballard & bounded by B.J. Ballard Bland W. Ballard & J. Riley on the west – north by R. W. Vance, crossing the creek in various places – E. by Harrods creek. On condition that W. A. Smith & Pendleton Harmon & J.B. Ballard will in a reasonable length of time, deed to Bland W. Ballard the place whereon he now lives of about 100 acres. Should James B. Ballard fail or refuse to deed to B.W. Ballard his place there & in that — I give & bequeath to Bland W. Ballard the northern portion of my farm of about 104 acres purchased of R. W. Vance. See deed for same.  And I give to B.J. Ballard the place of whereon I now live between the old Ballard place and the Vance purchase – see deed from C.M. Ballard & wife & deed from Father to Ca — & me brother Thomas – a tract in that each I give and bequeath to James B. Ballard the old Ballard place I first gave to B.J. Ballard.

5. I desire my Executor to sell away the Braunam place for the best price he can get, but not for less than $10,000, also my house & lot in Newcastle, but not for less than $2,000. Both places have cost me more than I propose to take. Should said property not be sold under three years I wish my Executor to advertise the same & sell for the best price he can get, to which account I desire sufficiency of cash out of my notes to be added to make $18,000 Eighteen Thousand Dollars – one sixth of which viz $3,000 I give to my Brother, Flavious Josephus Ballard, now of Stafford Cty, Va. – his Post office is Falmouth 1/6 viz $3,000 I give to J. O. Ballard, A. C. Ballard & W.J. Ballard, children of C.M. Ballard dec’d – 1/6 viz $3,000 I give to Isabella E. Hicks wife of L.B. Hicks, Margret W. Ballard Cordelia Ballard & Demetra Ballard the children of John Ballard decd to be equally divided between them.  1/6 viz $3,000 to be equally divided among my brother Collatinus Ballard’s children of Huntsville Texas I know not their names.  1/6 viz $3,000 I give to Mary Jane Anderson wife of R.S. Anderson.  1/6 the balance of $3,000 I desire my Executor to loan out for the benefit of my sister Mary Augusta Burton & let her have the interest on it annually so long as she may live & at her death having no children I wish the principal & accrued interest after her death divided between b.W. Ballard who is to have 2/3 of it and B.J. Ballard 1/3 the balance.

[6. omitted] I give to Isabella E. Hicks the house & lot including Dr. Berry’s shop, provided she will take her sisters & take good care of them & to help do so I giver her sisters Margaret, Cordelia & Demetra Ballard the house & lot where J.E. Alsop is now living.  All I the town of La Grange & wish my Executor to act as guardian for the 3 minor children until they become of age or marry, but should Isabella E. Hicks fail or refuse to take her 3 sisters above named then I wish the house where she is living sold & the proceeds divided among her sisters.

7. I give to L.H. Ballard the house & lot known as Garglay House west of the Keynen Farm.

8. I own 2/3 in the Thos Wells House & lot, LaGrange I give to A.C. Ballard.

9. I have a deed dated 27 Apl 1857 made to – money advanced viz $226.24 by Joshua Pruitt & wife Eliza lying on little fallen timber in Henry Cty Ky – I agreed to let him release the excess & deed it to his wife – he paid $100 Jany 15, 1858 & April 22, 1858 he also paid $57.75 & holds my notes for the same. And should he give the notes up & secure to my estate $70 I desire my Executor to deed the place to his wife. Should I not do it before I die. It is less than what is due me.

10. I own some stock in the laGrange & Shelbyville Turnpike Road & have paid one half of my subscription $100 being yet due as calls may be made. Also I signed a note with some five others at the last court in LaGrange to a man by the name of Bell for $770 due in 12 months my portion of that will have to be paid when due. Should I die before I settle the above I wish my Executor to settle the above and I give my interest in Road to A.C. Ballard.

11. I desire my Executor to leave out five hundred dollars for the benefit of J.J. Ballard’s daughter —- —- [two lines; apparently he did not know her name] of Texas until she marries or becoming of age.  I wish the same divided between J.T., A.C. & W.J. Ballard.

12. I give & bequeath to A.C. Ballard two horses ten sheep, two hogs, our two horse & one single horse plough he to have the selection.

13. I give & bequeath to Margaret W. Ballard Cordelia & Demetra Ballard one bedstead, bedding etc they to have the selection, the balance of bedsteads beds etc. I give to A.C. Ballard.

13 [repeated].  I give & bequeath to J.B., B.W. & B.J. Ballard all the rest of my household & kitchen furniture.  My stock of every description farming utensils, except my small wagon which I give to A.C. Ballard with all necessary gear etc. necessary for running the same.

Should any of my connections attempt to break or upset my will, I divest them from any interest in my estate & the said ??? to be divide among those to home I have desired, and I humbly appoint S.E. DeHarm my Executor.  Should he die or refuse to act I appoint R.W. Vance or J.T. Ballard.  This is written by myself & need no witness.

Signed: A.M. Ballard

N.B.

14. After devising the above to my connections, I think it nothing but just to aid my colored friends of African descent who have remained with me & who have helped me to make what I now have. Therefore I give & bequeath to my old servant Bob Eady the place whereon he now lives, known as Fort Pickins, all except what I sold to James Jett south of the road about 2 or 3 acres. I wish the line to run from a White oak north of his house nearly East to the line between me & Doyl.  I also give to him my horse Pomfre which he now has & wish my Executor to pay him out of my estate fifty dollars.

15. I give & bequeath to my old servant Sarah all that portion from what I have given Bob Edy with the Dayl line to Spot Honsworth North & R. Button W. by R. Button & what Edgar Tomes (colored) now owns –  so long as she may live & after her death I give the same to Edgar Haines (colored).

16. The balance of the place bounded North & East by Spot Housworth & South by E. Dayl I give & bequeath to Jimmy Davis (colored) that I have raised.

17. I also give to my old servant Sarah the sum of five hundred dollars.

18. I give to Edgar, Bill, Barney & Jarard one hundred dollars each.  I also give my old George (colored) one hundred dollars which I wish my Executor to loan out until he becomes of age – he can pay him the interest annually to clothe him etc.

19. I understand my cousin James Ballard deceased left a daughter named maria Ballard now living with Miss Wilford in Fredericksburg Va – she wishes to qualify herself for a tutoress – I desire my Executor to advance her five hundred dollars, but should she die before receiving it I give the same to my brother F.J. Ballard of Stafford Cty Va.

20. I give to James B. Ballard my blacksmiths tools now here.

21. I have two sets of blacksmith tools in LaGrange at the Buchanan Shop – one set I give to Bland W. Ballard, the other to B.J. Ballard should I not sell them.

22. I give to B.W. Ballard my Encyclopedia of 13 volumes, the rest of my books he J.B. & B.J. Ballard can divide among themselves.

23. I think after the expenses of of winding up my estate so far as devises are thus far made there will be something left, all of which I give to J.B., B.W. & B.J. Ballard to be equally divided among them.  But should times change or I be unfortunate before my death I wish my Executor to make a pro rata division so far as devises are concerned in money matters, but the disposition of my land I wish to stand & as before stated should any of my connections attempt to break or upset my will I divest him or her of any interest in my estate.   And I hereby as before appoint S.E. DeHaven my Executor.  Should he die or refuse to act I appoint R.W. Vance my Executor & should he die or refuse to act I appoint John T. Ballard of Shelby Cty Ky my Executor.   This is all written by myself and requires no witnesses.

Signed:  Addison M. Ballard

[a codicil follows]

I, Addison M. Ballard do hereby make the following alterations to my will dated May 12, 1870, viz:

1st.  Instead of being buried on B.J. Ballard’s place as instructed in the 1st clause of said will I direct my Executor to buy a lot in the cemetery at LaGrange, have the same well enclosed and bury me in said lot.

2. I hereby revoke the bequest of the house & lot in LaGrange Ky made to Isabella E. Hicks set forth in the 6th clause of said will.  I will and direct that said house & lot shall be sold and conveyed by my Executor as the Bramman place house & lot in Newcastle are directed to be sold and the proceeds disposed of in the same manner.  If the Brauman place be sold for $10,000 before the expiration of three years after my death then my Executor will at once sell the house & lot in LaGrange and also the house & lot in Newcastle, Ky.

3rd. I do also revoke the bequest to L.H. Ballard of the Gaslay House made in the 7th clause of said will.  This house has been sold & conveyed by me since such will was written.

4. I do also revoke the bequest made in the 8th clause of said will to A.C. Ballard of my interest in the Wells house & lot in LaGrange.  I direct my Executor to sell said house & lot & dispose of same as directed in the residuary clause of my will.

5. I do hereby revoke the 9th clause of said will as the business has all been settled by me.

6. I do hereby revoke the 10th clause of said will in which I devise my stock in the LaGrange & Shelbyville T.R.R. Co. to A.C. Ballard as I have since bought said road and sold it to Turney.

7. I do hereby revoke the 12th clause of said will in which I devise to A.C. Ballard two horses ten sheep etc as I have sold off all this stock.

8. I hereby revoke the 13th clause of said will in which I give three beds except Demetre Merriweather and I will & bequeath to her my new set of chamber furniture including bed bedsteads & bedclothes belonging to same – bureaus, wash stand & cradle stand & 4 chairs.  Except the walnut writing desk

9. I do hereby revoke the 2-13th clause of said will in which I dispose of the balance of my household & kitchen furniture stock etc.  I have three horses which I hereby give and bequeath to Rebecca Ballard wife of Bland Ballard.  I will and bequeath my riding mare “Dolly Vardell” to Bland W. Ballard.

10. I hereby revoke the 16th clause of said will in which I devise the balance of the “Fort Pickens’ Place to Jennie Davis (colored) and I do hereby devise the balance of such place (devised to said Jennie Davis) to Sarah Eddy her mother for life, and at her death to go to Ed Holmes (colored) and in lieu of such devise to said Jennie Davis above revoked i do hereby will and bequeath to her the two lots of land on the short line railroad conveyed to me by Jno McMahon & wife including the Spout Spring, bounded by the old Ballard place E. by Harowwds lands W T. R. Pinkston land & S by the railroad containing 16 or 18 acres & same on which she now lives.

11. I revoke the bequest made to Jarrard in the 18th clause of said will as he is dead and the hundred dollars devised to him I do hereby devise the same to Sarah Eaddy one of my old servants.

12. I do hereby revoke the 20th clause of said will of the blacksmith tools to J.B. Ballard as they have all been disposed of.

13. I do hereby revoke the 21st clause of said will and direct my Executor to sell all of such tools that may be found after my death.

14. I do hereby revoke the bequest made to Margaret, Cordelia & Demitra Ballard sisters of Isabella E. hicks made in the 6th clause of said will or the house & lot in which J.E. Alsop then lived and do hereby will and bequeath the same to Cordelia Callahan wife of John Callahan.

15. I do hereby will to L.H. Ballard my split bottomed armed chair & Mexican blanket and do hereby will her all she owes me by note or account & direct my Executor to deliver to her all evidences of her indebtedness to me.

16. I will to Bettie Russell wife of J.W. Russell thirty dollars, and also one red corn ??? ??? cow for her kindness to me in my illness.

17. I hereby release Jas. Davis, Bob Eaddy, Barney Eaddy & Will Thompson (all colored) of all they or either of them owe me by note or accoutn & direct my Executor to give up to each of them any evidences of debt I hold against them or either of them.

18. I do hereby will to W.J. Ballard a note I hold on him for a little over four hundred dollars.  This was given to me for judgments vs. J.W. Blakern and others, and he has never received anything therein & never will I reckon – and my Executor will deliver him said note & he is in no way to account therefor.

I will and desire that my Executor shall whenever he thinks best sell and convey all the rest & residue of my real or personal estate and after paying expenses & special bequests made herein dispose of the proceeds thereof as hereby before directed in the residuary clause of this will.

If Pat Turney wants on years indulgence on his indebtedness to me, on account of the Turnpike road, I direct my Executors to give him that much longer to make his payments as he has been unfortunate in having the bridge wash away and the road much injured by heavy rains.

Signed: A.M. Ballard

Signed in the presence of July 10th, 1789 Alexander Duncan, Martin Decass

Proved August 18, 1789 by oaths of S.E. DeHaven, Alexander Duncan and Martin Decass.  Recorded Oldham Co. Ky. Will Book 6, p. 375-81

Advertisements