John Ballard Jr, the son of John Ballard, married Mary Garland, the daughter of Colonel David Garland. David Garland’s will of 1780/82 mentions his daughter Mary Ballard, daughter of John Ballard.
The will of David Garland, Sr, dated 18 March 1780 was recorded 8 May 1782:1
It is my will and desire, after all my lawful debts are paid, that all my negroes, young and old, except those hereafter lent my daughter Mary Ballard…I lend unto my Daughter, Mary Ballard, during Pleasure, two negroes, Viz: a wench, called Lucy, and her past and future increase – and a negro girl, called Indie, and her increase and after the death of my said Daughter, Mary Ballard, I will and desire that the said negroes, Lucy and Indie, together with all their increase, be equall divided bewteen all the children that she now hath or may have, by her present husband, John Ballard, and their heirs forever…
To all persons whom these presents may concern. KNOW YE, that I David Garland of the county of Lunenburg, being intollerable healthy and of Perfect and Sound sense and memory, yet considering that I must depart this life and go down to the Shades and not knowing how soon my days will be at an end, do make and constitute this my Last Will and Testament, in manner and form following:
Viz: It is my will and desire, after all my lawful debts are paid, that all my negroes, young and old (except those hereafter lent to my Daughters, Elizabeth Jefferson, Patty Garland and Mary Ballard and given my son Samuel Garland), Together with my household furniture, stock of horses (except the young mare called Thomas Garlands, also called my son Peters, a Bay mare called my son Davids and an old horse called my son Roberts) the lotts off, as near as may be in Value into Eight divisions observing to include, those negros which I have before lent to my sons, Edward and John Garland now in there service, and also, the negro boy Harry at Samuel Garlands.
That after such lotts and division are made, that first, my wife to take, if she so chooses, her choice. 2nd my son Edward, 3rd my son John 4th my son Thomas Garland his choice of said lotts. Provided allways that in case either of my said sons should die without heirs or before marriage, then his, or their part, as the case maybe, be equally divided between them that are living.
It is my will and desire that soon as such division is made, the remainder of such Estate, together with my wife’s part in case she doesn’t then take it as her separate Lott forever, be put and keep together in one common Stock (or hired out as my Executors think best) for the maintenance and support of my wife and four sons. To wit: William Terrell, Peter, David and Robert Garland.
It is my will and desire, that as my last mentioned Sons comes of age, or marries (or if my wife marries, and has not before taken her part) that all the Estate above mentioned, and its increase, be lotted off, and divided into as many parts as then heirs are living of my last said sons, and wife, and that my wife, first take her choice of such divisions, 2nd the son is of age or married, that then the remainder be again put all together in one common stock for the support of the others, as above mentioned.
It is my will and desire that this rule and method be observed and followed until my last son comes of age or marries which Lot and division I give to each individual, above said, and his, or their heirs, as the case may be forever.
I will and desire that my Land which I now own at Pee Dee including my Entry of four hundred acres adjoining, be sold for ready money, or Tobacco, or on credit, as my executors thinks best, and the money, or Tobacco arising from such sales be laid out in other lands or slaves as my Executors chooses: If in Slaves, Money or Tobacco, to be equally divided among those that are living of my four last mentioned sons and their heirs, including my son Thomas for the fifth, If in lands that it be equally divided among my last said sons including my son Thomas, or what of them is living and their heirs forever. And in case, my wife is then living and unmarried, that she have an equal part of the land, etc during her life.
It is my will and desire that after paying all my lawful debts, out of the cash that is found by me, or due upon bond, or other ways, that the ballances if any, equally divided between my wife and all my sons living, except Samuel.
This is my will and desire that if the net profits of my estate exceed the several charges and appendence thereof that the ballances be equally divided between my wife and four sons. VIZ: William Terrell, Peter, David and Robert Garland and their heirs: Other ways, if my executors think it better, that said profits be put into stock in Trade and the net proceeds of such trade to be equally divided as the said children come of age or marries, or that if my wife marries, and afterwards the ballance will be put back into trade again until the last comes of age or marries.
I give unto my son, Samuel Garland and his heirs forever the following negroes. Viz: Bob, Bosher, Will, Sue, Bet, Pat and Charity, together with their present and future increases.
I lend unto my daughter Elizabeth Jefferson during five years, a negro girl called Fan, and then I give her, and her increases, to my son David and his heirs forever.
I lend unto my daughter Patty Garland during pleasure, a negro woman named Hannah, and her increases, and after the death of my said daughter, Patty Garland, I will and desire that the said negro, Hannah, and all her present, and future increase be equally divided between all the children she now hath, or may have, by per present husband, Peter Garland and their heirs forever.
And lend unto my daughter, Mary Ballard, during Pleasure, two negroes, Viz: a wench, called Lucy, and her past and future increase and a negro girl, called Indie, and her increase and after the death of my said Daughter, Mary Ballard, I will and devise that the said negro, Lucy and Indie, together will all their increase, be equally divided between all the children that she now hath or may have, by her present husband, John Ballard, and their heirs forever.
It is my will and desire that this will be admited to record and without any other xxx than, that, it is written with my own hand, which many of the Court are well acquainted with. And lastly I do will & appoint, my son Samuel, Edward and John Garland, together with my wife, Mary Garland, Executors and Executrix to this my last Will and Testament.
In witness whereof I have sat my hand and Seal, this the Eighteen day of March in the year, one thousand Seven hundred and Eighty.
David Garland (SEAL)
Signed, seal and Acknowledged
In Presence of
A codicell or letter of explanation: That I may not be misunderstood I would chose that Big George and Little George be put in the second lot, as my son Edward may have them. That Harry (which I bought of W. Minges) and Abram be put in the third lot, so that my son John may take them, if they should be sold or die before such lotts and division that a price be set to there Value when old, or a living, and that my son Edward and Jno, take such lotts as they the negroes ought to be in – allowing their value.
May the 8th 1781.
At Court held for Lunenburg County the 9th of May 1782.
The within written last Will and Testament of David Garland Gent dec’d together With a codicell or letter of explanation thereto was exhibetted in Court by Samuel Garland one of the executors therein named, and proved to be the hand writing of the said dec’d by the oaths of three witnesses which is ordered to be recorded: and on the motion of the said executor (who made oath according to law (certificate is granted him for obtaining a probate of the said will in one form ( he giving security where upon he together with Nicholas Hobson and a David Stokes his – security entered into and acknowledged Bond according to Law – reserving liberty to Edward Garland and John Garland and Mary Garland – the other executors and executrix therein named to join in probate & exercise thereof when they shall think fit. Teste: Wm Taylor CS
The will also mentions a granddaughter, Mary Garland Ballard (born c. 1773, died before 1840), who married 4 September 1794 William Lanier. The bondsman was James Bullock of Granville County, North Carolina, and it was with the “consent of John Ballard, father.”
John Ballard, Jr was of age on 23 January 1765 when he witnessed a deed between William Holloway and Robert Cunningham,2 so he must have been born c. 1744 or earlier. On 13 July 1767 John Ballard, Jr purchased 400 acres in St. James Parish, Mecklenburg County, from George Jefferson. The witnesses to the transaction were William Holloway, Robert Ballard and Thomas Farrar.3 He was subject to a civil complaint in Brunswick county in October 1770 in connection with his duties as administrator of the estate of John Howard.4
On 25 February 1771 he was appointed administrator of the estate of one Sullivant in Brunswick county.5 On 3 July 1771, he is identified as residing in Brunswick county in the sale of the same parcel of land to William Ballard, presumably his brother; that transaction is witnessed by John Ballard, presumably his father, but not identified as “Senior”.6 In November 1771, John Ballard, Jr and Thomas Edmunds are appointed sheriff and sub-sheriff of Brunswick county.7
On 14 September 1772, he purchased 452 acres in Mecklenburg county from John Tabb.8 Later, on 13 April 1774, he provided a mortgage in the amount of £150, using as security the land he sold to William Ballard.9 On 25 October 1773, now identified as John Ballard Junior of Mecklenburg, sold to Sterling Edmunds of Brunswick, a tract of land in Mecklenburg containing 425 acres, being half of a tract that John Ballard and Sterling Edmunds purchased from John Parrish.10 On 13 June 1774 he purchased 116 acres of land at Miles creek from Alexander Baird of Anson, North Carolina.11
Prominent in the affairs of the county, John Ballard, Jr was a justice of the county court from 1780 to 1784, and during the same timeframe was a vestryman of Cumberland Parish (Bell, Cumberland Parish, p. 177).
John Ballard, Jr served as an enumerator of taxable property by taking a list of tithes on April 15, 1783. His own listing lists one white person above 21 years, 11 tithables, 7 whites, 26 blacks (total whites and blacks, 38). Landon C. Bell, Sunlight on the Southside (Baltimore: Clearfield Company, 1931) p. 262.
10 June 1784. John Ballard, Jr of Lunenburg Co. relinquishes to the Exors. of George Jefferson, decd. all right, title & interest in slaves; Joe, Milly & Sal which I purchased in conjunction with Saml. & Peter Garland of sd. Jefferson to be returned to sd. Jefferson on payment of consideration for sd. Slaves. Lunenburg Co. Va. Deed Book 14, p. 51.
13 January 1785. John Ballard Jr., Edward Brodnax & Thomas Garland Gentlemen of Lunenburg Co. witness the relinquishment of Mary Ballard wife of John Ballard to deed from sd. Ballard to Peter Lampkin of 640 acres in Lunenburg Co. Lunenburg Co. Va. Deed Book 14, p. 181.
12 August 1785. John Ballard and Mary his wife of Lunenburg Co. to Robert Marshall of Amelia Co., £2,025:10 cur. 1,320 acres part of a tract of 1,414 acres late the property of John Edloe, decd. adjoining Henry Freeman’s, Jeremiah Morgans, Morgans Church Path, Flat Rock, Lamplins line, Henry Hoges, Stephen Edward Brodnax, Great Branch. 16 acres part of sd. Tract which I have sold sd. Freeman. Lunenburg Co. Va. Deed Book 4, p. 266.
30 March 1796. Robert Colquehuen, admr. of Duncan Maclin, deceased, Compth. against John Ballard, Sterling Edmunds, Thos. Edmunds and John Edmunds, in Chancery etc. Recorded Brunswick Co. Va. Order Book 17, p. 63. Continued November 1790, “This day come the complainants & the Deft. John Ballard failing to appear & etc. It is decreed and ordered that the said decree be made final & that the Defendant pay unto the compl’t his cost & etc. Recorded Brunswick Co. Va. Order Book 17, p. 221.
John Ballard’s children are identified in a Lunenburg county Court Order dated 12 May 1797 that arose from the settlement of the estate of David Garland, his wife Mary’s father, because apparently there was a dispute about the division of David Garland’s slaves:12
A report between the parties being made was in these words, to wit, In obedience to the annexed (directal?) order of the worshipful court of Lunenburg Co., we the subscribers have proceeded to divide among the children of John Ballard, Viz, Mary Garland Ballard, Martha Edmunds Ballard, Elizabeth Gray Ballard, Rebecca (Chudle?) Ballard, and Lucy Ballard, the Negroes mentioned in the Bill of Chancery exhibited in the Court which Negroes from the certificate of William Taylor also annexed hereto appears to be Lucy, Simon, Suckey, Tom, Randolph, and Jacob and in addition to them is an infant of a few weeks old the child of Suckey named Durinda which together with these mentioned in the said certificate we have divided and assigned in the following manner, Viz,
To Mary Garland Ballard – Lucy and Randolph and in addition to them she is to receive from the surplusage of other lots the sum of 2 Pounds.
Tom to Martha Edmunds Ballard and in addition to him she is also to receive from the surplusage of other lots the sum of 17 Pounds.
Suckey and her child Durinda to Elizabeth Gray Ballard, chargeable with the payment of 13 Pounds to the deficient lots.
Jacob and Silas to Rebecca (Chudle?) Ballard, chargeable also with the payment of 23 Pounds to the deficient lots.
Simon to Lucy Ballard in addition to him she is to receive from the surplusage of other lots the sum of 17 Pounds.
It is observeable that from the number and quality of the said Negroes in equal division in kind was impracticable, we therefore proceeded to value the whole of them and found each claimants part to be 87 Pounds and in conformity to that valuation where the lot in Negroes was under that sum we have directed it to receive and where it was over we have directed it to pay in the manner and proportions above stated. Given under our hands this first day of November 1796.
Signed: William Lucas, Samuel Goode and Lewis Parham
Apparently John Ballard removed to Granville County, North Carolina where the estate of Captain John Ballard, dec’d was probated in 1803. An inventory of his estate taken by Lesley Gilliam, Administrator is dated 11 February 1803. An account of the sale of the property of Capt. John Ballard taken 10 August 1803 lists known associates and children of John Ballard, namely Lesley Gilliam, W.H. Lanier (William Hicks Lanier, his son-in-law who had married John’s daughter Mary Garland Ballard), and his daughter Martha E. Ballard. Another page notes Lucy Ballard, her next friend W.H. Lanier seeks reimbursement for traveling 24 miles and two days attendance, dated 13 May 1805. Granville Co. N.C. Estate Records, 1665-1998 (Familysearch database online).
The children of John Ballard, Jr and Mary Garland were:
Martha Edmunds, died unmarried in 1844, when her estate was probated August Court 1844, inventory returned 6 September 1844. Granville Co. N.C. Estate Records, 1665-1998 (database online).
Elizabeth Gray, married 8 June 1801 Lesley Gilliam (who died 20 May 1858) in Granville County, North Carolina, and had issue: 1. Robert Ballard Gilliam, 2. James T. Gilliam.
Rebecca, married 5 March 1804 John Owen, Jr in Granville County, North Carolina (John Owen, Jr and W.H. Lanier, Bondsmen) (North Carolina Marriage Records, 1741-2011 (Familysearch database online).
Lucy, probably the Lucy Ballard who married 29 October 1814 (Bond) Rufus Ballard, the likely son of William Sorrell Ballard. North Carolina Marriage Bonds, 1741-1868, Bond No. 000159768 (database online). Rufus was named an heir in the will of Walter Clopton Ballard, William Sorrell Ballard’s brother.
1. Lunenburg Co. Va. Will Book 3, p. 108. May 8, 1782, Will of David Garland probated. Will mentioned wife Mary. Sons Samuel, Thomas, Peter, David, Robert, Edward, John, William Terrell, and daughters Elizabeth Jefferson, Patty Garland, and Mary Ballard. Executors were his wife Mary Garland, Samuel, Edward, and John.
2. 23 January 1765. William Holloway of Lunenburg county, to Robert Cunningham of same; £40 for tract in Lunenburg county, on both sides of Church branch; 354 acres, part of a 1,063 acre tract of George Holloway’s patent of 16 August 1756, with houses, orchards, etc. John Ballard, Jr and John Holloway witnessed. Lunenburg Co. Va. Deeds, Vol. 1, 1765-1768, p. 95.
3. 13 July 1767. George Jefferson of St. James Parish to John Ballard, Jr, £135 for 400 acres in St. James Parish, on the branches of Miles’ Creek Ruffins line part of a tract he bought of Henry Delony. Signed. William Holloway, Robert Ballard and Thomas Farrar witnessed. Mecklenburg County, VA Deeds, Vol. 1, 1765 to 1768, p. 453.
4. October 1770. Jno. McClong Pet. against John Ballard admr. of John Howard. Brunswick Co. Va. Order Book 11, p. 301.
5. 25 February 1771. John Ballard Jr appointed administrator of Sullivants estate. Brunswick Co. Va. Order Book 11, p. 323.
6. 3 July 1771. John Ballard, Jr of Brunswick to William Ballard of Mecklenburg; £200 for 400 acres on heads of branches of Miles/Coxes creek at Ruffin’s line. Recorded 9 September 1771. Witnessed by Noah Dortch, William Duncan, John Lucas, William Anderson, Fred Lanier, Lewis Parkam and John Ballard. Mecklenburg Co. Va. Deeds, Vol. 3, 1771-1773, page 182.
7. November 1771. Jno. Ballard Junior & Thomas Edmunds having first taken the usual oaths to his Majesties person and government and the above oath and repeated and subscribed the Test were on the motion of Wm. Thornton gentlemen sheriff of this county sworn and admitted his under sheriff. Brunswick Co. Va. Order Book 11, p. 426.
8. 14 September 1772. John Tabb to John Ballard, Jr; £225 for 452 acres between Little creek and Ackry’s? Creek, on the lines of Robert Lark, John Balte/Batte Baird, Samuel Holmes, John N. Datron and Nathaniel Cook. Recorded Mecklenburg Co. Va. Deeds, 1771-1772, p. 450.
9. 13 April 1774. William Ballard to John Ballard, Jr; a mortgage for £150 which William owes to John Jr plus 5s as security for 400 acres on a deed, and also a bay horse and his stock of hogs and sheep and beds and furniture. William marked “X”. Isaac Holmes was a witness. Mecklenburg Co. Va. Deeds Vol. 4, 1773-1776 p. 304.
10. 25 October 1773. John Ballard Junior of Mecklenburg to Sterling Edmunds of Brunswick, £70,– Tract of Land being in County of Brunswick containing 425 acres bing the ½ of a Tract of land wch the said John Ballard and Sterling Edmunds purchased of John Parrish and bounded as followeth in a deed made by the said Parrish recorded in Brunswick County Court bearing date 17th Jany. Witnesses – Thos. Edmunds, P. Wych, Howell Eldridge. Recorded 25 October 1773, Brunswick Co. Va. Deed Book 11, p. 230.
11. 13 June 1774. Alexander Baird of Anson NC to John Ballard Jr of Mecklenburg; £104 for 116 acres at Miles creek and Dennis Lark’s line, then up Ready/Reedy branch to Willis’ line. Signed. Witnessed by William Trumbell, John Lucas, John Holmes, Thomas Crawfort and John Cook. Mecklenburg Co. Va. Deeds Vol. 4, 1773-1776 p. 306.
12. 12 May 1797. Mary Garland Ballard, Martha Edmunds Ballard, Elizabeth Gray Ballard, Rebecca (Chudle?) Ballard, and Lucy Ballard, by John Ballard their father and next friend, Complainants against Mary Garland, Samuel Garland & John Garland, Executors of David Garland dec’d, and Edward G. Walpole and Elizabeth his wife, Peter Garland and Patty his wife, Thomas Garland, William T. Garland, Peter Garland Jr., David Garland, and Robert Garland, legatees of the said David Garland, dec’d, Defendants. Lunenburg Co. Va. Order Book 17, p. 217.