We haven’t seen this will published elsewhere.  In fact, several secondary sources fail to name him at all while giving accounts of his brothers and sisters.   With Rootsweb currently unavailable (as of this writing on 10 April 2018), we cannot check to see what, if anything, was published about him.  Research in the land records could give a fuller picture of his life, of course (if time ever allows), but in the meantime we will spend a few hours on the descent of his son Thomas, noted below in a Federal census record as living at a farm adjacent to James in 1850, and confirmed by being named in the will as living on adjoining land.

James Ballard, Sr, of Albemarle County, Virginia, was the son of Thomas Horace Ballard of Albemarle County, Virgina. He reportedly served in the Light Infantry from 1794 to 1802, and married 10 May 1790 in Albemarle County Ann Rodes (Rhodes), who was born 20 February 1775, died 25 September 1852. Ann Rhodes was the daughter of David Rhodes (died 1793) and Mary Mills (died 10 April 1781).¹

James Ballard and his wife Ann were still living at the time of the 1850 US Federal Census, which listed James Ballard, age 83, and Ann Ballard, age 76. In the household were two females, Julia A. Day, age 40, and Julia N. Day, age 15. 1850 US Federal Census, Albemarle, Virginia, Roll M432_932, Page 216B, Image 437. James Ballard likely died about 1853, for the following year his son James Ballard, Jr of New York, New York, joined by his wife Sarah, sold his farm to Gabriel Maupin.

James Ballard left a will dated 23 February 1846 with a codicil dated 16 May 1851. It was presented for probate 7 February 1853.

In the name of God: Amen

I James Ballard of Albemarle County and state of Virginia. Being in usual health of body and of sound state of mind memory and understanding do make this my last will and testament in manner and form following. And at the same time declaiming ??? to be … of all former wills made by me.

Item 1st. After my just debts are paid I lend my wife Anna Ballard all my estate. Both real personal chattel etc of every kind & character during her life and at her death to be subject to the following conditions, viz.

Item 2nd. At the death of my wife I give my son James Ballard the site or tract of land upon which my dwelling house stands and deeded to me by Thos. Ballard dec’d containing one hundred and nineteen acres more or less.

Item 3rd. At the death of my [wife] I give my sons Garland & Thomas Ballard the balance of my tract of land which I now hold, known by the name of Jones Tract, adjoining the land of Thos. M. Douglass and others to be divided equally between them in quantity and quality. But the deciding line shall become between my land and my son Thomas dwelling house. My will and specially instruct (?) is that my son Garland shall have the side which contains my barn and that Thomas shall have the side upon which he now lives, with the privilege and ??? and listed right to use water at any and all times at pleasure and of my using family spring as long as he or any of his posterity may own said land.

Item 4th. At my wifes death, my will and special ancetions is that my daughter Salina Bohannon, Judith Ann Day, Frances E. Cleveland and my grandchildren viz. Eliza Ann, Sarah Ellen, and Mary Frances Oakes shall have such a portion of my estate as will make what they and their mothers had had equal in amount to Three hundred and fiteen dollars 25 cents, the sum I have charged against my daughter Mary Thompson, dec’d.

Item 5th. At the death of said wife Anna Ballard I will that all of my property and estate which I have not specifically willed or given away shall be sold to the highest bidder and the proceeds of such sale equally divided amongst my children and grandchildren namely, Garland, Thomas, Selina Bohannon, Judith Ann Day, James & Frances E. Cleveland my children. Eliza Ann Sarah H. & Mary F. Oaks children of my daughter Sophia Oaks dec’d. John, James, Mary Ann, William and Nicholas Thompson, my grandchildren, with the following conditions, viz: I wish it to be specially understood that my three grandchildren named Oaks and the five named Thompson all of whom are named above shall have such a part or portion of my estate as would have fallen to their mothers were they living and each mothers part to be equally divided amongst her children, and be given to them and shall ???; I have given my son David Ballard and daughter Susan Shelton as much as I feel able to give them consequently I give them nothing by this will.

Item 6. My will & special desire is that my exector or executors to this my will shall hold in his or her hands the legacies of those of my grandchildren named above who may be single and under the age of twenty one until they marry or arrive to the age of twenty one years. At which time they (my exors) shall pay such their legacy or legacies with legal interest whereupon from the time he or they have had it in possession by the authority of this will.

Item 7. It is my will and wish that my daughter Judith Ann Day shall live her mother until she marry or during the life of her mother.

Item 8. My will is that the buildings upon the lands given to Garland & Thomas Ballard by me shall not be valued to them with the land, but the lands shall be valued and divided as though there were no buildings upon either.

Lastly I constitute and appoint my son Thomas Ballard and my son in law Porter Cleveland or either of them executor or executors to this my last will and testament in witness whereof I hereunto affix my hand and seal this 23rd day of February Eighteen hundred and forty six.

James Ballard {Seal}

Signed, sealed a& acknowledged in the presence of Ed. I. Thompson, Wm. Mallory, Nathaniel Thompson Jr.

Appendage

I James Ballard do add the following codicil to my will above written and assigned and dated 23rd Feby 1846. Viz. All the property given by me to my son Garland Ballard in the above named will I do now revoke: and I give him nothing in his ??? and ???. But I lend to my son Garland Ballard all the property named and specified in my above named will in trust for the benefit of his children namely Alex’r B. Helen [somewhat illegible] & Mary E. Bennett & Wm. H. Ballard. My said son Garland Ballard is by this my last will & testament fully authorized to sell any part or the whole of the property lent him in trust by me: and invest the proceeds therefrom in such property or properties as he may think best for the benefit of his aforesaid children; and the amount of property arising therefrom to be applied annually to the support of his children above named. The property is to be kept so together during the life term of my said son Garland; and at his death to be equally divided amongst his above named children. No security is to be required of said son for carrying into execution this trust fund. Given under my hands and seal this 16th day of May 1851.

James Ballard {Seal}

Signed in the presence of Ed. J. Thompson, Nicholas Thompson, Julia N. Day

At a court held for Albemarle County the 7th Feby 1853.

The instrument of writing purporting to be the last will and testament of James Ballard dec’d was offered for proof by the exor therein named Thereupon Thomas L. Shelton and Nelson Foster appeared and expressed the same.

And at a court held for said county the 8th March 1853 – This day came the??? By their attorneys, whereupon on hearing it is conceded by the court that the said writing be recorded as the last will and testament of the said James Ballard, dec’d.

Recorded Albemarle County, Virginia Will Books, Vol. 22-23, 1852-1856, pp. 122-124.

James Ballard and Ann Rodes had issue:

GARLAND, married (1) 5 May 1818 Eliza Burt; married (2) 2 November 1826 Georgianna Blair.

JAMES, married Sarah __________.

Thomas. This is most likely the Thomas Ballard and his family residing in the farm adjacent to James Ballard, Sr in the 1850 Census, which enumerated Thomas Ballard, age 45 (born c. 1805); Lucy Ballard, age 40; Ann E. Ballard, age 18; George Ballard, age 16; James Ballard, age 12; Thomas E. Ballard, age 3; and Eliza A. Duke, age 30. 1850 US Federal Census, Albemarle, Virginia, Roll M432_932, Page 216B, Image 437.

DAVID, married Elizabeth __________.

Susan, married Thomas L. Shelton.

Selina, married Thomas Bohanan.

Judith, married Nimrod Day.

Frances, married Porter Cleveland.

Sophia, married Hudson Oakes, died before 1846.  Issue: 1. Eliza Ann Oakes; 2. Sarah H. Oakes; 3. Mary F. Oaks.

Mary, married William Thompson.  Issue: 1. John Thompson; 2. James; 3. Mary Ann Thompson; 4. William Thompson; 5. Nicholas Thompson.

Notes
1. “The Rodes Family,” Virginia Magazine of History and Biography, Vol. 7, No. 1 (July 1899) pp. 84-85. Virginia, Marriages, 1740-1850 (Ancestry database).