In Chancery, Anne Boyd vs. John Thomas Holland, John Ballard, Robert Ballard, William Ballard, Henry Ballard, and Edward Ballard (1798).

Below is the transcript of what today we would call a suit to quiet title.  The suit was brought by Ann Boyd, the widow of one Dr John Boyd, who devised his real and personal property to his wife in his will dated 19 January 1790.  The subject of this suit is a parcel of land called Darley Hall that had been owned by Jonathan Plowman but conveyed to Dr Boyd by Robert Ballard, who was acting as administrator of the estate of his father-in-law Jonathan Plowman, Robert having married Jonathan’s daughter, Rebecca Plowman.

Dr Boyd failed to record the deed, so in order to perfect her title in the property, Ann Boyd had to initiate this suit. Since Robert Ballard died in 1793, Ann Boyd needs to compel Robert Ballard’s heirs to acknowledge and relinquish any interest they have in the property, and have the Chancery Court decree that title is in fact vested in her.

While the outcome of the suit does not concern us (she was successful), what is important to us here is that it names all of the surviving children of Robert Ballard and Rebecca Plowman, who are all infants (i.e., under the age of 21) in 1798:  John Ballard, Robert Ballard, William Ballard, Henry Ballard and Edward Ballard.

Curiously, the answer filed by the Ballards names only sons John, William, Henry and Edward, omitting Robert.  Was the inclusion of the name Robert earlier an error?  The suit was initiated 24 January 1798, and the Ballard’s answer was not recorded until 23 March 1799 — he could have died in the meantime. We’ve found no evidence of Robert (or John, for that matter) after 1799.

Chancery Court (Chancery Record) Ann Boyd vs. John Thomas Holland, John Ballard & others, 1798, Vol 40, page 623 [SE37-48]

FEBRUARY TERM 1799

Be it remembered that heretofore on the 24th day of January 1798 came Anne Boyd by Samuel Johnston Esq. her solicitor into the State of Maryland Court of Chancery and exhibited therein her petition against John Thomas Boyd and John Ballard, Robert Ballard, William Ballard, Henry Ballard and Edward Ballard in the words following.

To the Honorable Alexander Contee Hanson Esquire Chancellor of Maryland.

The petition of Ann Boyd of Baltimore Town in Baltimore Town widow of Doctor John Boyd of the same place physician humbly sheweth that a certain John Thomas Holland of Baltimore County and Robert Ballard of the same place administrator of the goods chattels rights and credits of Jonathan Plowman late of Baltimore County deceased unadministered by Rebecca Plowman in her lifetime the executrix of the said Jonathan Plowman with his will annexed by their certain Indentured tripartite bearing date the twelfth day of July in the year of our Lord one thousand seven hundred and eighty five for the consideration therein mentioned did grant bargain sell alien[ate] release and confirm unto the said John Boyd in his lifetime his heirs and assigns forever all that part of a tract of land called Darley Hill distinguished on the plat thereof by the number sixty nine contained within the metes bounds courses and distances following, that is to say beginning for the same at the end of forty perches from the intersection of two roads leading through the said tract of land called Darley Hall three perches wide each being the most south westerly corner of the said lot and running thence with and bounding on one of the said roads north forty degrees east twelve perches thence running with and bounding on the south sixty seven degrees and a half east three hundred and forty perches out line of the whole of the said tract of land thirty-three perches thence south forty degrees west twenty-one perches thence north fifty degrees west thirty-two perches to the place of beginning which indenture was on the day of the date thereof duly acknowledged as by the said Indenture hereunto annexed which your petitioner prays may be deemed and taken as a part of this her petition more fully appears.

That the said John Boyd being seized and possessed of the said part of the tract of land aforesaid departed this life about the beginning of February in the year of our Lord one thousand seven hundred and ninety but had neglected to have the said Indenture recorded according to law.  What the sad John Boyd before his death duly made and published his last will and testament in writing bearing date the nineteenth day of January in the year last aforesaid and thereby devised and bequeathed to your petitioner after the payment of his debts and the legacies therein mentioned the one equal half part or moiety of all his real and personal estate forever and also the use of the other moiety thereof for life with power to dispose of such part of said other moiety as shall be sufficient if necessary for her comfortable support and maintenance during life and lay out the same for that purpose as by the said last will and testament duly proved according to law a true copy whereof herewith exhibited more fully appears.  That the said Robert Ballard departed this life sometimes in the year of our Lord one thousand seven hundred and ninety three intestate leaving John Ballard, Robert Ballard, William Ballard, Henry Ballard and Edward Ballard his children and heirs at law who are all minors under the age of twenty-one years.

That the said John Boyd having neglected in his life time to record the said Indenture in due time the same cannot be now done without the degree of this honorable court.

May it therefore please your honor to grant your petitioner the states writ of subpoena directed tot he said John Thomas Holland, John Ballard, Robert Ballard, William Ballard, Henry Ballard and Edward Ballard to appear in this court to a certain day and under a certain penalty thereto to be mentioned to answer the premises and that this honorable court may order and decree that the said Indenture may be recorded according to law and that your petitioner may have such other and further relief in the premises as to this honorable court shall seem moot and your petitioner will ever pray.

Saml. Johnston, Solicitor for Petitioner

[page 632]

And at the same term came the commissioners named in the commission and made return thereof and of their proceedings in the premises as follows.

To the Honorable the Chancellor of the State of Maryland

We whose names are hereunto subscribed to derby certify that by virtue of the within commission we have called before us the within named John Ballard, William Ballard, Henry Ballard and Edward Ballard and have assigned and appointed Edward Johnson to be their guardian by whom they may answer and defend the within suit, and we hav also taken the answer of the said Edward Johnson as their guardian sworn on the Holy Evangely of Almighty God to the truth thereof as by the within commission we are commanded.  Sam’l. Moale, John Roberts.

The joint and several answer of John Ballard, William Ballard, Henry Ballard and Edward Ballard all infants under the age of twenty one years the children and heirs at law of Robert Ballard, late of Baltimore County deceased by Edward Johnson their guardian specially appointed by virtue of a commission hereunto annexed to the petition of Ann Boyd of the same county, widow.

These defendants by their said guardian Edward Johnson for answer to the petition of the said Ann Boyd to so much thereof as they are advised is necessary or material for them to answer unto they severally and not the one for the other, answering say they admit that the said John Thomas Holland and the sad Robert Ballard, the father of these defendants in his life time did make and executed the Indenture tripartite in the said Ann Boyd’s petition mentioned to the said John Boyd in his lifetime his heirs and assigns forever for all that part of a tract of land called Darley Hall as particularly mentioned and described in the said Indenture to which these defendants crave leave in refer for greater certainty.

These defendants further answering admit that the said Indenture was duly acknowledged by the said John Thomas Holland and Robert Ballard according to law, and also admit that the said John Boyd died seized of the said land about the time in the said petition of the said Ann Boyd mentioned and that the said deed or Indenture aforesaid had not been recorded according to law but for greater certainty thereof these defendants crave leave to refer to the said Indenture.

These defendants further answering say they are strangers to the last will and testament of the said John Boyd or in what manner he disposed of his estate thereby, otherwise than by the said petition but cares leave for the certainty thereof to refer themselves to the said last will and testament or a copy thereof as exhibited by the petitioner.

And these defendants further answering say they have no objection to the said Indenture being recorded and admit that the same should be done in such manner as this honorable court shall decree the same to be done, and therefore these defendants pray here to be dismissed with their reasonable costs and charges. — Edward Johnson, Guardian of John, Henry & Edward Ballard [inadvertently omitting William, whose name is recited in the paragraph following].

Baltimore County, to wit.  On the 23rd day of March in the year of our Lord one thousand seven hundred and ninety-nine before the subscribers two of the commissioners named in the commission whereunto annexed personally appeared Edward Johnson the guardian appointed by us for the within named John Ballard, William Ballard, Henry Ballard and Edward Ballard all minors under the age of twenty-one years and made oath that he verily believes that the facts stated in the above answer are true.  Sworn before Saml. Moale, John Roberts

Administration of the Estate of William Ballard of Spotsylvania County, Virginia (1822).

William Ballard EstateA few weeks ago, documents from the Spotsylvania County Chancery Causes published online by the Library of Virginia appeared in the Ballard Family History and Genealogy page in Facebook. With the pandemic resulting in more idle moments than anticipated, it seemed prudent to study the records and determine which family these documents describe.

In the case Administrator of William Ballard vs. James Ballard etc, Index No. 1823-005 (Original Case No. 16), we find a handful of documents that describes actions taken in 1822 by William Carter, the administrator of the estate of William Ballard of Spotsylvania County, Virginia.

In the worshipful, The Justices of the County Court of Spotsylvania in Chancery sitting – Humbly complaining your orator William Carter respectfully represents that a claim William Ballard departed this life intestate on or about the ____ day of _______ and that your orator administered upon his estate in full form of law in the sd. County court of Spotsylvania, that your orator as admin. has possessed himself of four negros belonging to the estate of the intestate whose names are Frank, Caroline, Elizabeth and Tener and also of a small tract of lease land of inconsiderable value, which negroes together with lease of ?? are subject to the distribution amongst the children of the intestate. That the intestate left the following children who are his heirs at law, to wit. James and Lewis Ballard who are about the age of 21 years. Betsy and Mary Ballard who are infants (to defend whose rights in this suit your orator prays that a guardian may be appointed by the court) and Sally who intermarried with Winslow Parker – that from the number and relative value of the negros aforesaid an equal allotment cannot be effected amongst the children afoursaid so entitled to distribution – and your orator believes that it would be highly detrimental to the interests of all concerned that the sd. Negros should be kept together for the purpose of cultivating the leased land afoursaid, he wishes therefore in order to just distribution of the sd. Negroes and lease, that a sale thereof may be desired by the court, and the proceeds of such sale, rather than the property itself, distributed amongst the children aforesaid. To which end he prays that the said James, Lewis, Betty & Mary Ballard, Winslow Parker and Sally his wife may be made parties to this bill and may be required to ensure the same – and to state whether they have any and if any, what objection to a sale of the negros and lease aforsaid for the purpose aforsaid.

The joint answer of James & Lewis Ballard, Winslow Parker and Sally his wife formerly Sally Parker on bill of complaint published against them in the county court of Spotsylvania in chancery by a certain William Carter admin of William Ballard dec’d. These respondents for answer to the sd. Bill saith that they are willing to a sale of the negros and lease mentioned in the plaintiff’s bill.

The joint answer of Betsy and Mary Ballard infant children of William Ballard dec’d by Charles Lewis their guardian appointed by the county court of Spotsylvania to defend them in this suit instituted against themselves and others in the sd. Court of chancery ??? thereof, by a certain William Carter admin. of William Ballard dec’d. These respondents for ??? to the plaintiff’s bill say that they have no objection to a sale of the negros and lease mentioned in the said bill – being infants they submit their rights to the court.

The second document in the file appears to be a draft of the more formal and dated third document, transcribed below.

At a court held for Spotsylvania county the 7th day of January 1822

William Carter administrator of William Ballard, dec’d, plaintiff, against James and Lewis Ballard, Winslow Parker and Sally his wife formerly Sally Ballard, Betsy and Mary Ballard infants under the age of 21 years by Charles Lewis their guardian ad litem appointed by the court, which said James, Lewis, Sally, Betsy and Mary, are children of William Ballard, dec’d, defts [defendants].

In Chancery

This cause came on this day to be heard upon the bill of the plaintiff, the joint answer of James and Lewis Ballard, Winslow Parker and Sally his wife – and the joint answer of the infant defts, Betsy and Mary Ballard by Charles Lewis their guardian appointed by the court to defend them in this cause, and was argued by counsel. Upon consideration whereof the court doth adjudge order and decree that the plaintiff William Carter sell by public auction upon a credit of 12 months the slaves and lease in the proceedings mentioned, taking bonds with approved security for the purchase money, payable to himself as admin. of William Ballard dec’d, and that he make report of his proceedings to this court in order to a final decree.

A copy Teste
R. L. Stevenson

A fourth document appears to conclude the matter.

Pursuant to the annexed decree, I did on the 11th day of January 1822, after having given three weeks notice in the Virginia Herald, expose to sale by public auction to the highest bidder the slaves & Lease therein referred to also all the personal effects of the late Wm. Ballard, as will appear by the act [account] of sales herewith returned – [account not included in the file].

William Carter, Admin. of Wm. Ballard, dec’d.
1st Augt. 1822

A guess from a first reading, given what is known of the family, was that the late William Ballard was a son of Benjamin Ballard, Sr (c.1725-1814), which proved to be correct. This is confirmed by another chancery record, James L. Leavell & Wife etc. vs. James Ballard, Index No 1841-055.  This case identifies these children as the heirs of William Ballard, the son of Benjamin Ballard. The suit was initiated by Nancy (Ballard) Leavell in order to obtain a “fair” division of 304 acres of land once owned by her father among his eight heirs (and if no longer living, their heirs per stirpes).  The relevant document is written in a cryptic script and is very difficult to read, so it is transcribed only in part below.

James L. Leavell & Nancy his wife, Jesse Wayt & Peggy his wife, James B. Lewis and John Montague adult heirs of Hannah Herring, dec’d, Charles Lewis & Mary his wife, Benjamin Ballard, James, Lewis, Winslow Parker & Sally his wife, Betsy & Mary, adult heirs of William Ballard, dec’d; Beverley, Thomas, Benjamin, Lucy & Mary, adult heirs of George Ballard, deceased; which said Nancy, Peggy, Hannah, Mary, Benjamin, William, George together with James (hereafter ??? defendant) are the devisees of the real estate of Benj. Ballard deceased respectfully ??? represents their ??? Ballard acct in Dec 1812 dividing up a tract of land ??? containing about 289 acres his will to bequeath the same (upon directing 25 acres given to his son Charles) to be equally divided amongst his children …

Searching Ancestry, we found a couple of census records for Winslow Parker and Sally Ballard.  The 1850 census found them residing in the Eastern District of Spotsylvania county, Virginia: Winslow Parker, age 60 (born c. 1790), Sally Parker, age 54 (born c. 1796) and their children Horace, Sarah, Ann and Frank.

We have not, however, been able to identify the name of William’s wife. Evidently she pre-deceased him, since she is not named in the 1821 administration of William Ballard’s estate, nor have we uncovered a marriage record.  Nothing was found in William Armstrong Crozier’s Virginia County Records: Spotsylvania County, 1721-1800 (New York: Fox, Duffield & Co., 1905; Reprinted: Baltimore: Genealogical Publishing Company, 1990).  Perhaps a search of the surviving Spotsylvania county land records created between 1800 and 1822 might provide an answer.

Pestilence.

Great fears of the Sickenesses here in the City, it being said that two or three houses are already shut up. God preserve us all.

The Diary of Samuel Pepys, 30 April 1665

We’ve been here before, and survived these things before.

While trying to concentrate on getting on with life, I am drawn back to a small cluster of deaths among the Ballard family in Tidewater Virginia in 1719. If anything, revisiting them helps this compiler gain perspective, and derive a small measure of comfort in the fact that humans have experienced these things before, survived, and went on with the business of living.

Noah Webster’s A brief history of epidemic and pestilential diseases; with the principal phenomena of the physical world, which precede and accompany them, and observations deduced from the facts stated. : In two volumes (Hartford: Hudson & Goodwin, 1799), pp. 225-228) describes the circumstances of a plague that swept over Europe in 1719, and likely made its way to America.

In 1719 malignant fevers were prevalent in many parts of Europe, marking a pestilential principle of great extent. The winter of 1719-20 in America was very cold.
In these last years raged malignant pleurisy in Hartford, in Connecticut, with great mortality.

In March 1719 an immense meteor passed the heavens, illuminating the earth and bursting with a tremendous report. Its diameter was calculated by Dr. Halley at a mile and a half.

At this time the plague appeared in Aleppo, and carried off by report 80,000 people. Russel agrees that this disease came from the north, altho he has given us few particulars. It raged, as usual, for two or three years.

In 1718, 19, 20 and 21, says Dr. Rogers, the greater number of those who lived near the slaughter-houses at Cork, died.

In 1720 happened the last great plague in Marseilles, on which occasion has been published “Traité de la peste,” a treatise in quarto, by Chicoyneau, under the sanction of the French king, in which great efforts are made to prove the disease to have been imported from the Levant.

The proofs of importation stand thus. “Capt. Chataud left Said in Syria in January 1720, with a clean patent. The plague was not then in Said, tho it broke out soon after. On the passage, several persons died, and the physicians at Leghorn, where the ship stopped, pronounced their disease to be “a malignant pestilential fever.”

The ship arrived at Marseilles, and some persons who had concern with the goods, died in May. The suspected goods were subjected to fifteen days retreat and purification—they were forbid to be introduced into the city—the porters were shut up; but all regulations were fruitless. In June, deaths appeared in the city with distinctive marks of the plague.”

On such flimsey evidence do the sticklers for the sole propagation of the plague by infection, ground all their assertions respecting the disease at Marseilles!
But it happens in this case, as in most similar instances, that the pretended proofs of infection carry refutation in the very face of them.

In the first place, it is an acknowledged fact, that at the time the ship left Said, the plague had not appeared in that port, or town. It was at Aleppo and in other places far distant in 1719, but had not broke out in Said. How, in the name of reason, could men or goods be infected, when the disease did not exist in the place?

To overcome or rather to evade the force of this objection, the writers on the subject are compelled to resort to supposition. They say it is possible, the plague might have been in the place, tho not known or generally admitted. And here rests their whole argument!
It is true, that some of the seamen or passengers died on the passage, with a malignant pestilential fever. But in this case, the malady originated on board the ship—and the infection is not traced to the Levant ports. There is an end of the chain—the disease began without infection, on board the ship, as malignant fevers have done in thousands of other ships.

Again, it is admitted by Dr. Mead himself, p. 255, that from the time of the sailors’ death, after the ship arrived, it was full six weeks before the disease was known in the city of Marseilles; a circumstance that renders it nearly impossible that there could have been any propagation of the distemper by infection. To remove this objection, the advocates of infection again resort to supposition. They suppose it possible some latent seeds of the disease had been concealed in goods, or clothes—and such ridiculous suggestions are made the grounds of assertion.

But what completely refutes all these idle suppositions, is, that we have full evidence, that the plague in Marseilles was generated in the city, and gradually arose from milder diseases. In the beginning of the “Traitè de la peste,” it is stated from Mon. Didier and not denied, that “the preceding year 1719 was a barren year—the corn, the wine and the oil, were defective. The heat of spring was excessive and followed by great rains, with westerly winds—the fruits were bad. In this year a pestilential fever appeared in Marseilles, of which many died, and in some, appeared buboes, carbuncles and paroitides.”

Here we observe facts that always exist, before the plague, and which demonstrate the uniform operations of the laws of nature. The year 1718 began to exhibit malignant diseases in greater numbers than usual. In 1719 the plague broke out at Aleppo, and in the north and west of Europe, malignant fevers became in many places, epidemic and pestilential. In 1720, the pestilential state of the air, arrived at its crisis in Marseilles. The pestilence in Europe exhibited a regular progress, from ordinary typhus fever to the plague. A fatal small-pox and spotted fever prevailed in Piemont.

To demonstrate this fact, the reader will only turn to the bills of mortality in London, Amsterdam, Vienna, Dresden, &c. for the years under consideration, and observe every where the effects of a general unhealthy state of air, in the increase of the number of deaths.—The bills of mortality in Boston and Philadelphia also prove this state of air to have extended to this country; and the malignancy of it seems to have abated in America after 1721, in which year the small-pox was very mortal in Boston.

The accounts of diseases in America, at this period, are few and imperfect. Tradition has preserved the memory of desolating sickness, at various times and in various places, some of which, I suspect, refer to this period, but I am not able to ascertain the dates, with any certainty.* By accident however, I am able to determine positively the pestilential state of air in America in 1720. A genuine letter is extant, from Thomas Hacket of Duck Creek, now in the state of Delaware, dated April 10th 1720, in which he states that a mortality prevailed in that place, which exceeded that in London in 1665, and almost depopulated the village. I have seen the letter in possession of Dr. Rush.

So – while it may be coincidental, who might have succumbed to possible plague during this time?

We have three candidates: Francis Ballard, his nephews Matthew Ballard and William Ballard of York county all died in 1719 (in Francis’ case, in 1719/20, under the old Julian calendar); Francis and Matthew just days after writing their wills, and William dying intestate. The only contemporary account we have found is a report in the Boston News-Letter that in 1720 it was a “sickly” time in Virginia and that many persons were dying “of a Fever with a pain in their Side and Breast.” (Boston News-Letter, No. 830, March 7-14, 1720, cited by John Duffy, Epidemics in Colonial America (Baton Rouge: Louisiana State University Press, 1971) p. 190. There were no newspapers published at that time in Virginia; The Virginia Gazette did not begin publication until 1736.

Matthew Ballard (c.1685-1719), the eldest son of Thomas Ballard, Jr. of York county, Virginia, died between 13 May 1719, the date his will was written, and 18 May 1719, the date his will was entered into the York county, Virginia records. Matthew was survived by his son Matthew, who in turn died without issue in 1741.

William Ballard, a younger son of Thomas Ballard, Jr. of York county, Virginia, was a minor on 26 September 1706 when his father’s will was drafted; James Branch Cabell in his history of the Major and allied families simply notes that “he seems to have died unmarried.” (James Branch Cabell, The Majors and Their Marriages (Richmond: W.C. Hill Printing Co., 1915) p. 76). William Ballard died in York county before 21 September 1719, for on that date his brother “Robert Ballard came into Court and made oath that William Ballard departed this life without making any will so far as he knows or believes. Said Robert Ballard gave bond with Philip Lightfoot & John Gibbon his security and was appointed administrator of the Estate of the said William Ballard decd.” (21 September 1719. York Co. Va. Deeds, Orders, Wills Book 15, p. 485; p. 489. Inventory recorded, p. 505.) We know this William Ballard died without issue when his estate is presented in court by Thomas Vines, Edwd Baptist, Walter Butler and Robert Ballard, and consists solely of “a Negroe girle of about 19 years old which we value to 30 pd.” (17 December 1719.  Presented in Court 21 December 1719. York Co. Va. Deeds, Orders Wills, 1718-1720, p. 527. Note that William Ballard was devised two slaves in the will of his father, “negro Giles, Molatto Kate with her Increase” and ten pounds Sterling.). No provision was made for a wife or orphans.  Perhaps the absence of children is the reason no will was drafted.

Francis Ballard (c.1675-1719/20) of Elizabeth City county, Virginia, son of Thomas Ballard of James City County (1630-1690). Francis Ballard was dead after 10 March 1719/20, when his will was written in Elizabeth City county (some sources give a date of 12 March 1719/20) and recorded in Elizabeth City county on 16 March 1719/20. He was survived by two sons and four daughters.

Two lines died out, and a third prospered for several generations.  Such is life.

The Will of James Ballard, Sr of Albemarle County, Virginia (c. 1767-1853).

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).

The Will of Elizabeth Ballard of Norfolk, Virginia (1785).

We have, of late, turned our attention to the problem of Reuben Ballard (c. 1748-1820) and his wife Apsilla, whose ancestry and origins remain a mystery.  Apsilla is believed by many researchers to be the daughter of Abraham Ballard of Perquimans County, North Carolina.  She may be, but we have not seen any proof — but that is a matter to explore in another post.

In the course of re-visiting our incomplete research of the various Ballards that settled in Southeast Virginia and that part of Virginia that landed in North Carolina with the boundary adjustment of 1728, we stumbled across the following will, written by an Elizabeth Ballard of Norfolk, Virginia and preserved among Norfolk, Virginia Original Wills, Vol. 1, 1774-1779.

In the name of God amen I Elizabeth Ballard of the County of Norfolk in the State of Virginia being of sound mind and memory do make this my last Will & Testament in manner & form following, that is to say –

I desire that all my just debts be first paid then it is my desire that what worldly goods I possess may be disposed as followeth.

Imprimis, I give to my granddaughter Elizabeth Andrews the negro Girl Hannah that that has for some years lived with her, with the whole of the increase of said Hannah.

Item, I give to my granddaughter Ann Ballard my Negro girl Betty.

Item I give to my granddaughter Catharine Boush my young wench Grace Sister to Betty.

Item I give to my granddaughter Elizabeth Hutchings & Catharine Hutchings three Certificates for money I put into the Treasury amounting to Five hundred & four pounds or thereabouts.

Item I give to my son William Ballard a Bond signed by Mordecai Booth, Francis Whiting & James Paisley the said Bond being the same on which a suit was brought in the General Court some years past.

I likewise give to my said son William Ballard my Negro Boy Joe son of Frankey.

I give my largest truck to my granddaughter Elizabeth Hutchings.

I give my chest of drawers to my granddaughter Catharine Hutchings.

I further give to my said son William Ballard my bed which I lie on.

Signed with my seal & dated this eight day of July One thousand seven hundred & eighty-five.

— Elizabeth Ballard

Sealed & signed in presence of: Travis Tucker, John L[illegible]

[obverse]

Eliz. Ballard
Will
Sept 6, 1787 proved
Sept Court 1787
admin granted

Recorded and (?)
Jno. Bousch cnc (perhaps “Clerk Norfolk Court”?)

This Elizabeth Ballard is none other than Elizabeth Gibbons, the widow of John Ballard of Yorktown, Virginia (1700-1745). This is clear from the family relationships she outlines in her bequests, namely:

  • Granddaughter Elizabeth Andrews – Elizabeth was the daughter of Elizabeth Gibbon’s son Robert Ballard of Princess Anne County, Virginia (1733-1770) and his wife Anne Newton. Elizabeth married Reverend Robert Andrews of York County.
  • Granddaughter Ann Ballard, most likely Elizabeth’s sister Ann, about who we know very little and who likely never married.
  • Granddaughter Catherine Bousch – Catherine was another daughter of Robert Ballard, who married Robert Boush.
  • Granddaughters Elizabeth Hutchings and Catherine Hutchings – These are children of Elizabeth’s daughter Ann, who married (1) ________ Ramsey and (2) John Hutchings.
  • Son William Ballard – We know his brothers predeceased him: Thomas — lost at sea in 1747; John — while his death is not documented anywhere that we can find, we know from the York County land records that his younger brother Robert came into possession of the real property devised to him in the will of their father, which means John had no heirs to claim it; and Robert, who removed to Princess Anne county and died there in 1770, leaving William the sole surviving male in this family.

Note that there is no mention of Robert’s daughter Margaret, who must have been dead by 1785.  For details on all of the above, please see John Ballard of Yorktown, Virginia (1700-1745) and Robert Ballard of Princess Anne County, Virginia (1733-1770).

And what became of William?

We know from assorted land records in York County that William had removed to Norfolk and that his mother Elizabeth joined him there.  Tax records identify a single William Ballard residing in Norfolk at the time, and a newspaper notice published in the Norfolk Gazette and Public Ledger (p. 2, Col. 4) on 20 March 1812 announced: “Died – Yesterday  morning, Mr. William Ballard, in the 69th year of his age, many years since a Merchant of this place.” That age puts the year of his birth as 1743, which is the year recorded in the John Ballard Family Bible.

Could William have had children not named in Elizabeth’s will? We have not come across a marriage record for him, nor evidence of children. More study is needed on that point, though truthfully this researcher is inclined to think that William is the last male of this particular branch of the descendants of Thomas Ballard of James City County, Virginia (1630-1690).

The Ancestry of Lewis Francis Ballard of Copiah County, Mississippi (1761-1833).

One would think that all of the men documented among Revolutionary War Pension records would be proudly traced, but in a few cases the male line died out, or perhaps they were overlooked because of confusion arising from something as simple as using a different name.

Apparently that is the case with the pension record of one Francis Ballard, whose pension record states that he was born January 1761 and served three enlistments as a private in the American Revolution, and ultimately removed to Copiah county, Mississippi, in 1803 and died there 30 October 1833. The Pension Application states that when he was a child, he moved to Edgecombe County, North Carolina in that part that later became Nash County. In June 1777 he enlisted and served three months as a substitute for his brother, William Ballard, as a private in Captain Solomon Carpenter’s company, Colonel Axom’s North Carolina regiment

About a year after the termination of this service, he enlisted and served for more than two months, dates and officers’ names not given. He enlisted in March 1781, and served three months under Colonel Linton in the North Carolina troops and was in the battle of Guilford Court House. Some five or six years after the Revolution, he moved to Pensacola, Florida, c. 1788; lived there about ten years, then moved to Adams County, Mississippi and after that to Copiah County, Mississippi, where he had lived for five years when pension was allowed on his application executed June 24, 1833. The Mississippi land had been previously cultivated by Robert Holloway in 1801 .21  (The Natchez Court Records 1767-1805, Abstract of Early Records, Vol II.   Mississippi Territory (Adams County) Land Claim #1234 (26 Mar 1804); Mississippi Territory (Adams County) Certificate D-154 issued 16 Dec 1806).  His Revolutionary War Pension and Bounty Land Warrant Application Files (Soldier S65533) are preserved in the National Archives, and is transcribed below.

In 2004 researcher DeeDee Debenedetto pointed out that in the 1830 census, a single Ballard resided in Copiah County, Mississippi — Lewis F. Ballard, and reached the conclusion (with which we concur, as have several other researchers) that his middle name was Francis.  The name recurs in later generations, most notably his likely son, Lewis F. Ballard, who in 1850 was living in Smith County, Texas.  In that enumeration we learn that Lewis F. Ballard was born c. 1792 in Florida; his wife Mary, 1813 in South Carolina, and that all of their children were born in Mississippi: Susan C., age 22; Lewis F., age 20; James M., age 16; and Charles C., age 14.  1850 US Federal Census.

We found records related to Charles C. Ballard, but our interest lies not in bringing these lines to the present, but in pushing them back to their origins in Colonial Virginia.

His pension application states with specificity that he was born 7 miles from Petersburg; this places the family in either Dinwiddie, Prince George or Chesterfield Counties.  Dinwiddie is home to Bath Parish, where the rector was Devereaux Jarratt (1733-1801).  The name Devereaux occurs in the family of William Ballard of Halifax County, North Carolina (c.1710-1775) who named a son Devereaux; its believed the name came into the family from William’s marriage to Elizabeth Clopton, whose mother was Mary Jarratt of New Kent County.  It is not clear what degree of relation exists between Devereaux Jarratt and Elizabeth Clopton, if any.

The pension record also mentions his brother William, and residency in North Carolina in Edgecombe Count from c. 1765 to 1777, when Nash County was cut from the county.  What do the land records show?  Most of these transactions are deeds; exceptions are noted.

Edgecombe County Deed Books

The deed index for Edgecombe County shows the following transactions:

1763 – George Sellers al to Edward Ballard, recorded Book C, p. 61.

1767 – Arthur Taylor to Edward Ballard, recorded Book OO, p. 233.

1767 – Arthur Taylor to Edward Ballard, recorded Book C, p. 447.

1774 – Duncan Lamon to Edward Ballard, recorded Book 2, p. 59.

1788 – Alexander Cromwell’s Heirs to Benjamin and Sarah Ballard (release), recorded Book 4, p. 732.

1799 – Wyatt and Salley Ballard to Michael George, recorded Book 9, p. 278.

1800 – Joseph Morgan to Benjamin Ballard, recorded Book 9, p. 389.

1800 – Wyatt and Salley Ballard to Michael George (acknowledgement), recorded Book 9, p. 441.

1804 – Wyatt and Sallie Ballard to Thomas Wiggins, recorded Book 11, p. 162.

1807 – Bengerman Ballard to William Billips, recorded Book 12, p. 222.

1809 – Benjamin Ballard “Est by Shf” (Estate by Sheriff?) to Gray Little, recorded Book 13, p. 157.

1811 – Kinchen Evertt to John Ballard, recorded Book 14, p. 32.

1815 – John Ballard to Kinchen Everitt, recorded Book 15, p. 312.

Nash County Deed Books

The deed index for Nash County has the following transactions:

Grantor Index:

1787 – William M. Ballard to William Poulan, Book 1, p. 326.

1787 – Christopher Ballard to Jacob Joiner, Book 1, p. 353.

1788 – Christopher Ballard to Joseph Joiner, Book 1, p. 370.

1787 – William Ballard to Allen Baker, Book 1, p. 383.

1785 – William Ballard to William Powlan, Book 3, p. 305.

1791 – Christopher Ballard to William Ballard, Book 5, p. 51.

1792 – William Ballard to Cornelius Joiner, Book 4, p. 128.

1792 – Peter Ballard to Nathan Joiner, Book 4, p. 143.

1798 – William Ballard to Uriah Hatcher, Book 6, p. 300.

1799 – William Ballard to John Bone, Book 6, p. 397.

1799 – Peter Ballard to Amos Hatcher, Book 6, p. 425.

1817 – Edward Ballard to William Lindsey, Book 7, p. 405.

1815 – Edward Ballard, Sr to William Ballard, Book 9, p. 171.

1816 – William Ballard “Est by Exr” to John Vick, Book 9, p 269.

1786 – David Ballard to Henry Barler, Book 3, p. 444.

Grantee Index:

1780 – Joseph Lindsey to David Ballard, Book 1, p. 129.

1785 – William Whiddon to Peter Ballard, Book 1, p. 151.

1785 – Henry Barlow to Peter Ballard, Book 1, p. 156.

1782 – James Baker to Christopher Ballard, Book 1, p. 190.

1782 – Henry Atkins to Christopher Ballard, Book 1, p. 221.

1785 – State of NC to Christopher Ballard, Book 3, p. 134.

1791 – Christopher Ballard to William Ballard, Book 4, p. 51.

1792 – Jacob Brantley to Peter Ballard, Book 4, p. 153.

[no date] – William Sellard to Peter Ballard, Book 5, p. 116.

1815 – Edward Ballard, Sr to William Ballard, Book 9, p. 171.

We find the following abstracts online on a page dedicated to research of the Brantley family:

DB 1-156 – Henry Barlow of Nash Co to Peter Ballard of same, Feb 17 1785, for 6- pds specie a tract of 90 acres on the S side of Saphony Creek adjoining John Brantley. Edward Ballard, and Benjamin Smith. Wit: Wilson Vick and Amos Gandy.

DB 4-153 – Jacob Brantly of Nash Co to Peter Ballard of same, Aug 12, 1791, for 200 pds. two tracts of land: (1) 112 1/2 acres on the south side of Saphony Creek along a dividing line made by John Brantly between his sons, Jacob and Matthew Brantly, it being a tract bequeathed to the said Jacob Brantly by his father; (2) 240 acres adjoining Edward Ballard, Matthew Brantly, Joseph Seley, Wm Sellers, and Peter Ballard, it being a tract granted to said Jacob Brantly by the state on Oct 25, 1782. Wit: William Linsey and Edward Ballard. (Doc on File)

DB 4-114 – State of NC grant to Jacob Brantley by Gov Alex Martin, Oct 25 1782, a tract of 240 acres on Sapony Creek adjoining Edward Ballard, Matthew Brantley, Joseph Seley and Wm Sellers.

DB 6-208 – Asa Brantley of Nash Co. to William Poulan of same. Dec. 31, 1796, for 39 pds. a tract of 150 acres on the north side of Jacobs Swamp adjoining said Brantley and Poulan. Wit William Ballard and Curtis Joyner.

DB 6-316 – Wm Lindsey of Nash Co to Nathan Joyner of same, Sep 29, 1797 fro 50 pds a tract of 200 acres on the north side of tar River adjoining John Brantley, John Bone, Wm Ballard, Christopher Taylor, and Arthur Sellers. Wit: Wm Ballard and Jordan Williams

Nash County Deed Book E, page 355 (34) Christopher Ballard of Nash County, NC to Jacob Joiner of same 16 Sept 1786 for 100 pounds current monety of said State one certain tract of land and plantation on South side of Sapony Creek, begining at Ben Smith’s corner a hickory tree, running along his line West 140 pole to a poplar John Joiner’s Corner, thence Joiner’s line up a small branch South 30 degree East 152 pole to a pine in Thomas Kersey’s line, thence along his line North 38 pole to Simmon tree, thence Kersey’s other line East 115 pole to a pine near Samuel Bottoms’ corner, thence Bottoms’ line 88 pole to a black oak, thence West to the begining, containing 223 acres more or less. Christopher Ballard. Wit: Jesse Joiner, John Joiner.  February Term 1787, Wm Hall, CC

The first Ballard to appear in Edgecombe County records, and later in Nash County records, is an Edward Ballard, who acquired 650 acres in Edgecombe County from George Sellars and his wife Fatha Sellors by deed dated 20 February 1763, for £30 Virginia money.  The land was “on the north side of Tar River, just above the Long Branch and near Poplar Branch adjoining an old line made for Arthur Taylor, Jacob Braswell, and the Jacobs Swamp, it being a Granville grant to Jacob Braswell bearing date Dec. 6, 1760.”  Witnesses: Arthur Taylor James Ferguson.

According to Frederick Holmes Cron, Distant Voices as Heard From The Water’s Edge (Wyandotte, OK: Gregarth Publishing Co., 1999), he married Sarah _______ [no source given] and died prior to 11 July 1767.  They had a son, Edward, born before 1755, who died c. 1819.  Edward married Ann _________, who died before 1795.  Ann is believed to have died c. 1795 because of a series of Guardian Bonds in the records.  As Mr. Cron notes,

NASH COUNTY GUARDIAN BONDS AND RETURNS, 1777-1859

Original guardian bonds are not a rarity. A guardian was appointed to the several children in a family when their father had deceased, whose function was to look after the proportionate share of the estate of each child. This did not always happen. Many times in the petitions of Nash County there were references to children of deceased fathers who were without guardians. Also, when the mother died, there were few cases of guardians being appointed for, at that time, the property of a wife became that of her husband. In some cases a father was appointed guardian to his own children, usually because of a legacy from a grandparent or other relative.

Guardian bonds were required by law to be renewed every year. This matter was often overlooked. Also, a return of the account of the property of the orphan was filed every year for court approval. Many guardian returns were not made every year, as the law required, but sometimes covered a period of two or more years. This often happened when the child became an orphan at an early age and the guardianship was extended over a long period of time.

There were many instances of changes of guardians. In the majority of cases, this was caused by the death of the guardian. Another frequent reason was the coming of age of one of the male children, who took over this responsibility for his brothers and sisters.

The importance of this listing is with regard to Edward “Neddie” Ballard the close friend of John “Jack” Bone.

Ballard, Billy, son of Edward Ballard. Bond May 12, 1795 by his father, Edward Ballard, gdn.

Ballard, Edward, son of Edward Ballard. Bond May 12, 1795 by his father, Edward Ballard, gdn.

Ballard, Mourning, daughter of Edward Ballard. Bond May 12, 1795 by her father, Edward Ballard, gdn.

Ballard, Nanny, daughter of Edward Ballard. Bond May 12, 1795 by her father, Edward Ballard, gdn.

Ballard, Polly, daughter of Edward Ballard Bond May 12, 1795 by her father, Edward Ballard, gdn.

Mr. Cron continues with an interesting observation regarding Edward Ballard, the third of the name in Nash County:

I believe Edward Ballard (III) had considered and had chosen to leave North Carolina at least as early as April 10, 1812, for on that date he had obtained $300 in lieu of his intended inheritance of 150 acres from his father, Edward Ballard (II).

This indenture made this the tenth day of April in the year of our Lord one thousand eight hundred and twelve between Edward Ballard Sr. of the County of Nash and State of North Carolina of the one part and William Ballard of the County and State aforesaid of the other part witnesseth that the said Edward Ballard for the in consideration of three hundred dollars to his son Edward Ballard in hand paid before the signing sealing or delivering of these presents doth give grant and convey to the foresaid William Ballard the track of land that he intended by a will to give to his son Edward Ballard which gift of land to him and his heirs is forever void and nul and I theafore sd Edward Ballard sn doth give grant and convey to the aforesd William Ballard the same tract and parcel of land lying and being in the county and state aforesaid and bounded as followeth to wit beginning at the Reedy Branch on Jepe Joiners line thence east along sd line to a pine corner in sd Joiners line thence] a south cource to a comer oak Curtis Joiners John Bakers comer thence west to the 4 sd Reedy Branch thence down the manders of said branch to the first begining containing by estemation one hundred and fifty acres be there the same more or less to have and to hold all and singularly the above granted premises to him the sd William Ballard his heirs executor administrators and assigns forever free from all manner of incumberences whatsoever and 1 the 4 sd Edward Ballard Sr. for myself my heirs executors administrators or assigns for ever warrant the write and title of sd land and premeses to him the 4 sd William Ballard his heris and assigns forever in witness where unto I have set my hand and seal the day and year first above written.

Signed and Sealed and Delivered in Presents his of us Edward X Ballard (Seal) (His Mark)

Witnesses: William Lindsey, Pollev X Ballard (Her Mark)

Nash County, February Session 1815.  The foregoing deed was proven in open court by the oath of William Lindsey and on motion ordered to be registered. Wm Hall CCC and is registered.  Recorded Nash Co. N.C. Deed Book 9, p. 171.

Edward Ballard left a will dated 22 October 1819, which is found among a number of unrecorded wills, though account records were entered May Term 1822.  The sale was conducted by his executor Nelson Bone on 9 June 1820.

In the name of God amen I Edward Ballard of Nash County and State of North Carolina being weak in body but of perfect mind and desposing memory blesses be God do this twenty second day of October in the year of our Lord one thousand eight hundred and nineteen make and publish this my last will and testament in form and manner following that is to say I give my soul to almighty God that auther of it and my body to be buried at the discission of my exector hereafter named.

Item – My will and desire is that all my worldly goods should be desposed of in form and manner following

Item -I give to my beloved daughter Charity Lindsey five shillings to her and her heirs for ever

Item -I give and bequeath to my beloved duaghter Patsey Van Landanham five shillings to her and her heris forever.

Item -I give and bequeath to my beloved daughter Nancy Tucker one feather bed and furniture and some money to her and her heirs forever.

Item -I give and bequeath to my beloved daughter Mournin Bone three feather beds and furniture and all the other part of my property that I bring here to Nelson Bones.

Item -I give and bequeath to my beloved grand daughter Pheriba Ballard four hundred dollars which is due me in notes but not to be on interest until after my death to her and her heirs forever lawfully begotton of her body if any and if none it is to return and be equally divided between my lawfull heirs.

Item -I give to my beloved son Edward Ballard five shillings to him and his heirs forever.

Item -I give and bequeath to my two beloved daughters namely Nancy Tucker and Mournin Bone one hundred dollars in money to be equally divided between them and to them and their heirs forever.

And I do hereby constitute and appoint my tru friend Nelson Bone exeter to this my last will and testament in witness where of I have here unto set mv hand and seal the day and year above written.

Signed and Acknowledged his in presents of Edward  Ballard (Seal)

Witnesses: Sen Fischel, Wm Cooper

Edward Ballard and Ann _________ had issue (what follows is information provided by Mr. Cron and not yet corroborated):

Nancy, born c. 1770-1780, died after 1840 in Wilkinson County, Georgia; married Barna Tucker.

Martha (“Patsey”), born 1779, died August 1860n Cairo, Decatur (now Grady Co., Georgia).  Married c. 1793 Peter VanLandingham, who was born April 1765, died 2 January 1832, Decatur (now Grady Co., Georgia).

Mourning, born  1784, died 1823; married  c. 1813 Nelson Bone, who was born c. 1782, died July 1866.

William (“Billy”), born  c. 1784-1790, died 6 January 1815; married 16 January 1813 Chasity “Anna” Babb.

Edward, born  c. 1790-95, married 5 June 1830 in Decatur (now Grady Co., Georgia)  Jinsev W. Bowen.

Charity “Polly”, born c. 1794, died before 27 February 1829; married  William Lindsev, who died 16 February 1817.

Edward’s son William left a will dated 23 September 1814, immediately prior to enlisting in the North Carolina Militia.  William Ballard served in the War of 1812 with Co. B., Capt. Isaac Watkins Company, First Regiment North Carolina detached militia. He enlisted on 24 September 1814 for a period of six months. He was enlisted as a private at the pay of $8/month.

In The Name of God Amen I William Ballard of Nash County in the State of North Carolina being weak in body but of sound and desposing memory do make this my last will and testament in manner and form following viz I recommend by soul into the hands of Almighty God that gave it my body to be buried al the discretion of my executors here after to be appointed.

Item -I gave and bequeath unto my wife Anna Ballard one feather bed and furniture one cow and calf one saddle one chest one wollen wheel all my kitchen furniture and as much pcrvision as will support her and the child one year.

Item – My desire is that the land I bought of my brother be sold and all the remainds of my property and my just debts be paid.

Item -1 give and bequeath unto my daughter Pheraby the money the [w]hole of my property brings after paying my just debts.

I do hereby constitute and appoint my friend Elijah Atkinson executor to this my last will and testament.

Signed Seald(sic) and Acknowledged this the 23 day of September in the year of our Lord God one thousand eight hundred and foreteen.  William Ballard (Seal) (his mark)

In presents of her Fanny X Babb

His son William Edward Ballard is not mentioned in the will, but appears in subsequent guardian records; presumably his wife Anna was with child but not known to him when the will was written.  Anna died c. 1815 (perhaps in childbirth) and William Lindsey, the husband of William’s sister Charity was named guardian in 1817; on Lindsey’s death in 1817, the next guardian was John Babb, Anna Babb Ballard’s brother.

Ballard, Phereba “Fcrrcba” Jane Thomas. Bond 1817 by William Lindsev. gdn Bonds 1824-27, returns 1825-26-27-28-29 by Nelson Bone, gdn Received legacy from estate of Edward Ballard

Ballard, William Edward Bond 1817 by William Lindsey, gdn.

In conformity to an order of Nash County Court Nov term 1817 to us the under signees directed for the purpose of settling the accounts of Richard Holland Esquire, executor of William Lindsey, deceased who was former guardian to Phiriby J. T. Ballard and Wm. E. Ballard, orphans of William Ballard deceased with John Babb present guardian to the said orphans, and on a due examination made we find that the Richard Holland Esquire as executor of Wm. Lindsey deceased ows to the said John Babb the present guardian to the said orphans of William Ballard deceased, the sum of four hundred and sixty-six dollars and sixteen cents given under our hand and seals this 13th day of November AD 1817.

D. W. Ricks (Seal) Jepe Joiner (Seal) Jo Wbell (Seal)

Mr. Cron further notes that William Lindsey became guardian to Phiriby Jane Thomas Ballard as well as her brother William E. Ballard, until Lindsey died prior to 16 February 1817.  John Babb was their guardian on 13 November 1817.

Recall that Pheriba was the devisee of $400 from her grandfather Edward Ballard in his will of 22 October 22 1819. Pheriba was not of legal age, being born after 1813, since her parents William Ballard and Anna Babb were not married until 16 January 1813.

Nelson Bone, husband of Edward’s daughter Mourning, was appointed executor of Edward Ballard’s estate, and later guardian for Phereby in 1825.

Phereby Ballard died prior to 27 February 1829 in Henry County, West Tennessee.  Edward’s will recited that  if she did not have heirs “lawfully begotton of her body if any and if none it is to return and be equally divided between my law full heirs,” which is what occurred.

On 27 February 1829 there was a division ($140.22) between the children of Charity Ballard Lindsey and William Lindsey (deceased): 1. John Wesley Lindsey, born 16 February 1817;  2. Asbury Lindsey;  3. Jerusha Lindsey; 4. John Wesley Lindsey for his brother Edward Buxton Lindsey; 5. Betsey Lindsey; 6. Polly Lindsey,”to Hudson Finch in right of his wife Polly Lindsey and $104.20.”

On 16 November 1829 there was a further division between Peter Van Landenham ($125.78) husband of Martha Ballard, and Barna Tucker ($125.78) husband of Nancy Ballard. Also Nelson Bone the husband of Mourning Ballard received the fifth share.

Given that Francis was born January 1761, the most reasonable assumption, given that (1) Francis’ family moved to that part of Edgecombe County what became Nash County when he was a child; and (2) Edward Ballard was the first of the name who purchased land in Edgecombe County in the part of Edgecombe that became Nash County in 1777, it stands to reason that Lewis Francis Ballard who ultimately removed to Copiah, Mississippi was a son of the Edward Ballard who purchased land in Edgecombe in 1763, and had two additional sons: William and Edward (and possible unknown daughters).

Which begs the question of the whereabouts of his brother William, for whom he substituted in the war.  Substitutes in the Revolutionary War were usually accepted in place of draftees whose service at home was deemed too valuable for the household to lose; its likely William was most likely the eldest son and was overseeing the family farm after their father’s death, so Lewis Francis entered service in his place.

Until we have access to the early records of Nash County and Edgecombe County, we are limited to making educated guesses about these family relationships.  We’ve enquired of professional genealogists but have not yet found one that works in those counties.

The name “Lewis” also points to possible connections to William Ballard of Orange County, North Carolina (c. 1734-c. 1819), who named a son Lewis, and possibly the Lewis Ballard mentioned in the 19 February 1759 will of William Eaton recorded in Lincoln County, North Carolina; Eaton owned land in Dinwiddie County, where Francis Ballard was probably born. Hopefully an examination of the early records of these two counties will help us tease out the relationships among the Ballards living in Nash County in the last quarter of the Eighteenth Century that appear in the land records cited in the indexes above — namely William, Christopher, Peter, Wyatt and Benjamin.

 


Revolutionary War Pension Application of Francis Ballard

S6553 fn17NC, Transcribed by Will Graves

State of Mississippi, Copiah County

On the 24th day of June 1833 personally appeared in open Court before the Probate Court now sitting in and for the County and in the State aforesaid, Francis Ballard aged about 75 years a resident of said County and State, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.

That he was born in Virginia about 7 miles from Petersburg in January 1761 and removed while a child to North Carolina to the County of Edgecombe and to that part afterwards called Nash County from which place he entered the service of the United States as a substitute for his brother William Ballard who was a drafted militia soldier about June in the year 1777 and marched with his company commanded by Captain Solomon Carpenter up the Cape Fear River, crossed over the Yadkin and proceeded some 20 miles on the other side in pursuit of the enemy without overtaking them, when they returned, recrossed the Yadkin and encamped near its banks until the expiration of his term of service which was three months. During this term of service Col. Axom [sic, Benjamin Exum ?] commanded the Regiment in which he served and there was also a body of troops in company with them he believes from Virginia commanded by one Colonel Sowell [sic, Benjamin Seawell or Sowell of NC?]. He also recollects a Captain Richards who commanded a company in the Regiment to which he belonged, but the names of the other officers and of the particular places through which they marched have gone from his memory and he cannot recall them.

He was drafted as a private soldier about the year after the term of service above specified, for three months and served in the vicinity of Rocky River more than two months but was discharged a short period before his term of service expired but he was in no engagement nor can he recollect the names of the officers with whom he at this time served, or any places in particular through which they marched [several words of text obliterated] feels confident that he was out on service at the least two months.

He was a third time drafted in March of the year 1781 as a private soldier for the term of three months and rendezvoused at Halifax on the Roanoke River, and from thence he marched with the Regiment under the command of Col. Linton and joined the regular Army under the command of General Green [sic, Nathanael Greene] and proceeded to Guilford Court House where an action took place between the American and British Army in which he took a part, but received no injury. After this action he retired with the Army to Hill’s Iron Works [sic, Troublesome Iron Works] with the Army, and was one of the detachment selected by order of General Greene to return home with the supernumerary horses of the militia light horse while the remainder of the Army marched on for Camden at this time he served three months. And he feels very confident that in the whole he served during the war eight months and believes he served longer, but would not state it at more on account of his imperfect recollection of matters that occurred at that distance of time, and his inability to procure any documentary evidence which can cast any light upon the subject.

He believes that he received a written discharge at the expiration of his first term of service which has long since been lost or destroyed and that the other discharges at the expiration of the two other terms were merely oral, but he cannot state positively, nor can he recollect the names of the officers who discharged him on account of the extreme imbecility of his memory occasioned by age and infirmity. He further states that some five or six years after the close of the revolution he removed to Pensacola in East Florida where he resided for about 10 years and from thence to Adams County in this State and came to this County about five years ago where he has resided ever since, that he has no record of his age nor has he any documentary evidence by which he can prove the length of his revolutionary services nor does he know of any living witness who can testify to the same or any part thereof from personal knowledge.

He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State. Sworn to and subscribed the day and year aforesaid. S/ Francis Ballard [Jesse Scrivner, a clergyman and Benjamin Kennedy gave the standard supporting affidavit.] [veteran died October 30, 1833].

A Line Clarified: Thomas Ballard of Surry County, North Carolina (c. 1755-1794).

One of our hopes in publishing this blog is that people with a fresh perspective or information unknown to us will come forward and supply something new that helps us sort out the various lines we are attempting to document.  We received just such a message yesterday, offering vital information about the family that is the subject of this newspaper notice:

STATE OF NORTH CAROLINA,

Surry County.

In Equity.

John Bryson, vs. the heirs of Thomas Ballard, dec’d. David Blackwell and Elizabeth his wife, David Hains and Mary his wife, Ann Ballard, Charles Ballard, Sadell B. Brooks and Sarah, his wife, William Ballard, and ——– Roberts, and Susannah his wife — Petition to compel a conveyance of land.

It appearing to the satisfaction of the Court that these defendants are not inhabitants of this state. It is ordered and decreed by the court that publication be made in the Raleigh Star for six weeks, that the said defendants appear at our next court of equity to be held for said county, on the first Monday in March next, at the Court House in Rockford, and plead, answer or demur to said petition or the same will be heard exparte at the next term.

Witness, JAMES PARKS, Clk in our said court, at office the fir[s]t Monday in Sept. 1819.

The North Carolina Star, Fri, Mar 17, 1820

Here is the message:

I have some information on your post John Bryson vs. The Heirs of Thomas Ballard, dec’d.

My ancestor is Lucy Jane Ballard, daughter of Thomas Horace Ballard of Albemarle. She is listed in her father’s will as Lucy Harvey. She married Joseph Harvey in 1778 in Albemarle Co, VA. In 1855 Barren County, KY Lucy Harvey’s son, James Harvey of Barren County, KY applied for the funds that were due his mother based on her deceased husband’s Rev. War service. At that time she was 88 years old. She states that they were married in Orange Co, Virginia. The application was suspended, as Lucy died before the case was settled.  Included in the application is the following statement made by James Harvey (her son) Statement by James Harvey, Monroe co, KY:

“..my father’s fellow soldiers of whom I have heard him speak (viz) Jacob Burrus or Burroughs, Thomas Ballard (my mother’s brother) and one (Jonathan?) Davis – Said Burrus was our neighbor when we lived in Surry County North Carolina – and he moved to either Smith or Sumner County Tennessee where he died many years ago (I forget whether before or since my father, before I think. Thomas Ballard died when I was a young boy and his widow Betsey married David Blackwell.”  source: eFold Pension Record of Joseph Harvey.

One of Lucy Ballard and Joseph Harvey’s daughters, Olive, married John Bryson. The 1790 and 1800 census of Surry Co, NC show these families living next to one another: Thomas Ballard, John Brison, John Brison Jr and David Blackwell.

Lucy’s sister Elizabeth Ballard married Frost Snow, son of John Snow.

The entire Pension Application of James Harvey is transcribed below.

This is an exciting revelation.  We tried mightily to find a place for this Thomas Ballard, but he didn’t quite fit, but this information puts us in an entirely different direction.

What this information tells us is that this Thomas Ballard is an otherwise undocumented son of Thomas Horace Ballard of Albemarle County, Virginia (c. 1732-1804).  He was not mentioned in the better known Albemarle Ballard family histories, namely Edgar Woods’ Albemarle County in Virginia (Charlottesville, Va.: Michie Co., 1901) and William H. Miller’s History and genealogies of the families of Miller, Woods, Harris, Wallace, Maupin, Oldham, Kavanaugh, and Brown (illustrated) : with interspersions of notes of the families of Dabney, Reid, Martin, Broaddus, Gentry, Jarman, Jameson, Ballard, Mullins, Michie, Moberley, Covington, Browning, Duncan, Yancey, and others. (Richmond, Ky.: Transylvania Co., 1907).  This isn’t unprecedented, given that these same books overlooked the existence of Thomas Horace Ballard’s grandson James Ballard, Jr of New York, New York (1815-1882).

When Thomas Horace Ballard made his will on 14 December 1802, he named his sons John Ballard and James Ballard, daughters Ann Bruce, Mary Davis, Lucy Harvey, Betsy Snow and Patty Pettit, and granddaughter Justina Burruss (this last devisee begs the question — whose daughter was she?).   Evidently the younger Thomas was not named in the will because he was dead by 1794, as shown below.

From the information here, we now know that Thomas Horace Ballard had a son Thomas who lived in Orange County, Virginia, and from there went to Surry County, North Carolina, where he died.  We have not yet ascertained the subject of the suit in the newspaper notice, but its now clear that it names his widow Elizabeth (Betsy) Blackwell, and presumably names their children Mary (Ballard) Hains, Ann Ballard, Charles Ballard, Sarah (Ballard) Brooks, William Ballard and Susannah (Ballard) Roberts.  While it’s a reasonable assumption that these were his children, we’d be more comfortable with proof of some sort.

An apparent connection between Thomas Ballard and John Bryson appears in the records of Orange County, Virginia.  On 24 March 1742, John Snow of Louisa County, planter, conveyed to Thomas Ballard of Orange County planter, Lease and release for £25 current money. 200 acres in St. Thomas Parish near the Head of Blew Run corner to a tract formerly belonging to John Bryson. . . brow of a hill. . . Mathias Gale’s corner.”  Signed: John Snow.  Witnessed by John Allen, George Taylor, Thomas Scott.  Recorded Orange Co. Va. Deed Book 7, pp. 209-211.  Given the date of this conveyance, however, this is probably Thomas Horace Ballard and not the son named in the newspaper notice, who was likely born in the 1750s since he fought in the American Revolution.

This 200 acres conveyed by John Snow to Thomas Ballard of Orange County was conveyed by Thomas to a William Ballard by “deed dated 15 February 1758 from Thomas Ballard of Orange Co. & William Ballard of same, for £20; 200 acres near head of the Blue Run … bounded land formerly belonging to John Bryson.” Witnessed by Frs. Jones, Barnett Franklyn, Jas. Griffith. Recorded 23 February 1758, Orange Co. Va. Deed Book 12, pp. 432-36.   To our knowledge, Thomas Horace Ballard did not have a brother named William, though he certainly had a cousin William Ballard, son of John Ballard of Albemarle.  We are told that this William “lived below Mechum’s Depot” by both publications listed above; we have not tried to trace his family, but this connection suggests that this may be the correct William, so we may have a starting point.

A probate record in Surry County, North Carolina dated 1794 is an inventory of the estate of Thomas Ballard by his wife Elizabeth Ballard, who was appointed Administratrix, which tells us that Thomas died without a will (if he had one Elizabeth would have been Executrix, if named so in the will).  We have an accounting of his belongings, but apart from the name of his wife, there is no information of genealogical value.

Incidentally, the Frost Snow who married Elizabeth Ballard (Thomas and Lucy’s sister) also removed to Surry County, North Carolina and left a will there dated 6 February 1837, recorded Surry Co. NC Will Book 4, p. 325.

Since Thomas died in 1794, what prompted John Bryson to initiate his suit against the heirs of Thomas Ballard in 1819?  Additional research is needed on that point.  Still, its gratifying to find a place for that particular piece of the puzzle.


Pension application of Joseph Harvey R4711 Lucy Harvey f97VA

Transcribed by Will Graves 2/26/14

State of Kentucky Monroe County: Sct.

On this the 23rd day of May 1850 personally appeared before me Samuel Gearhart an acting justice of the peace in and for the County aforesaid Lucy Harvey a resident of said County aged Eighty Eight years past who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 4th 1836, that she is the Widow of Joseph Harvey who was a soldier in the Army of the Revolution he enlisted under Francis Coward in arrange [presumably Orange] County State of Virginia in the early part of the War for two years and served to the end of his enlistment, he was first marched to Williamsburg then through the various Counties in Virginia she thinks he took up winter quarters on Schuylkill River and then at Philadelphia she recollects of no particular Battles that he was in but heard him speak of many skirmishes he was again drafted for three months in the spring of 1781 and served out the said three months but cannot recollect his Officers and he never went in the Army after. She further declares that she was married to the aforesaid Joseph Harvey on the 12th day of November 1778, that her husband the aforesaid Joseph Harvey Died on the 25th of March 1828 and that she has remained a Widow ever since that period as will more fully appear by reference to the proof hereto annexed. She further states that the Family record which is here with file for proof of marriage is the true and original record of their own and the ages of all of their Children and that the same is in the hand writing of her husband the aforesaid Joseph Harvey.

Sworn to and subscribed the day and year above written before me.

S/ Samuel Gearhart, JP MC                                               S/ Lucy Harvey, X her mark

[p 5: On July 19, 1855 in Monroe County Kentucky, Henry Bushong and Ann Harvey gave testimony as follows: Henry Bushong testify that he is 84 years old; that he was intimately acquainted with Joseph Harvey who died in Barren County Kentucky about the year 1828; that he knew him for many years prior to his death; that Harvey told him he was raised in Virginia; 2 of Harvey’s sons married to of the affiants daughters; affiant was himself in the Indian wars and the War of 1812; that Harvey always told the affiant that he served in the Regular Army in Virginia; Ann Harvey, 56, gave testimony that she was intimately acquainted with Joseph Harvey; that she knew him for 10 years or more prior to his death; that he told her he had been in the Virginia Regulars during the war; that her husband Austin Harvey (now deceased) was a son of Joseph Harvey and his wife Lucy; that Joseph Harvey died in Barren County Kentucky March 25, 1828; that the widow Lucy Harvey died in Monroe County Kentucky in October 1851; that the names of her children living when she died were Betsey Lawrence, a widow, James Harvey and William Harvey all now living in this County – Martin Harvey and Abner Harvey in Missouri and Patsy Davis a widow now living in Cumberland County Kentucky; that both Abner Harvey and his widow have since died leaving the following children: Greensville Harvey, Jane Harvey, Almarine H. Harvey, Joseph Harvey and William Harvey.

Both affiants signed their affidavit with their mark.]

[p 9: family record:

Betsey Harvey Daughter of Joseph Harvey and Lucy Harvey his wife was born the 14th day of October 17 [last 2 digits written over and illegible]

John Harvey was born the 30 day of September 1781

James Harvey was born the 21 Day of February 1784

Thomas Harvey was born the 8th day of January 1787

Wilson Harvey was born the 28th day of September 1789

Martin Harvey was born the 10 day of February 1792

William Harvey was born the 20 Day of September 1794

Austin Harvey was born the 3 Day of August 1797

Abner Harvey was born the 1 Day of October 1800

Patsey Harvey was born the 26th of November 1804

Joseph Harvey was born the 12 day of November 1754

Lucy Harvey was born the 9 November 1761]

[p 12]

This is to certify, that it appears from a list in this office of such Officers and Soldiers of

the Virginia Continental Line as settled their accounts and received certificates for the balance of their full pay, according to an act of assembly, passed the November session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of said Officers and Soldiers from the first January 1777 to 31st December 1781, (see Hening’s Statutes at Large, vol. 10, p. 462,) that a settlement was made on the 30th day of July 1783 in the name of Joseph Harvey as Soldier of Infantry and evidence of the indebtedness of the State to him was £16.15.0, delivered to John Burton but as the original settlements or copies thereof or not to be found in this office, the term of service embraced therein cannot be stated.

Given under my hand at the First Auditor’s Office, Richmond, this 23rd day of March 1850.

S/ Ro Johnston

[No Seal of Office] Auditor Public Accounts

[p 18: On July 18, 1855 in Monroe County Kentucky, James Harvey, 71, gave testimony that he is one of the children of Joseph and Lucy Harvey who he has always believed were legally married in Virginia some time above 5 years before he was born; affiant remembers the names of some of the fellow soldiers who served with his father including Jacob Burras or Burroughes, Thomas Ballard (his mother’s brother) and one Jonathan (?) Davis; that Burras was a neighbor of theirs when they lived in Surry County North Carolina and moved to Smith or Sumner County Tennessee where he died many years ago; that Thomas Ballard died when the affiant was a boy and his widow Betsey married David Blackwell; Davis the affiant believes died in the service; that his father died in Barren County Kentucky March 25, 1828; that his mother died in Monroe County Kentucky October 4, 1851 and left at her death the following children surviving:

  1. Betsey Lawrence a widow Monroe County Kentucky number
  2. James Harvey this declarant
  3. Martin Harvey Cooper County Missouri
  4. Abner Harvey, Moniteau County Missouri, Abner has since died leaving a widow who has since died survived by Greensville Harvey, Jane Harvey, Almarine M. Harvey, Joseph Harvey and William Harvey all living in the same County
  5. William Harvey, Monroe County Kentucky
  6. Patsy Davis a widow Cumberland County Kentucky;

The affiant makes the declaration in his capacity as executor of the estate of Lucy Harvey for the purpose of applying for and receiving the old whereas of pension money due her at her death.

The affiant signed this document with his mark.]

[p 24: Clarissa H Huffman, 29, and James W Harvey, 26, children of James Harvey gave testimony that Lucy Harvey the mother of James Harvey died at the widow of Joseph Harvey in Monroe County Kentucky October 4, 1851 having never remarried]

[p 27: On July 19, 1855, John R H Palmore, 72, of Monroe County Kentucky gave testimony that Joseph Harvey told him that he came from Albemarle County or an adjoining County in Virginia; that he served in the Virginia regulars; that affiants father Pledge Palmore served in the Virginia troops, the militia he believes. He signed his affidavit with his mark.]

[p 39: On July 18, 1855 in Monroe County Kentucky Matthew Amyx gave testimony that he was intimately acquainted with Joseph Harvey who was reputed to have been a soldier in the Virginia regular troops; that he had frequent conversations with him regarding his services; that affiants father Matthew Amyx served in the Virginia troops in the revolution and was an invalid pensioner on the Kentucky rolls on account of wounds received in the war.

[He gave another affidavit posted on p. 86]

The Ancestry of Samuel Ballard of Cherokee Nation West (c. 1802-1862).

Cherokee Territory c. 1830 is the area identified as No. 36.
Cherokee Territory c. 1830 is the area identified as No. 36.  Note that it includes parts of Georgia, Alabama, Tennessee and North Carolina.

Researching the Cherokee Ballard lines has proven to be an interesting proposition. In some corners, there is a wealth of information, in others, a yawning chasm. To appreciate the full story, one must understand the saga of the five tribes, and in this instance, the Cherokee Nation, and the shameful history of the notorious Trail of Tears, which at least provides specific movement of the families whose history we seek to reveal.

The purpose of this project is to determine which Ballard families intermarried with members of the Cherokee tribe prior to 1850 in the Southern United States. Our goal is to document which branch or branches of the Ballard family intermarried with Native Americans so we can properly place those descendants who participate in the Ballard yDNA Project. Later Native American generations are extremely well documented because of the Federal government’s practice of taking an annual census from 1885 to 1940, so we won’t concern ourselves with them (for now).  Today we focus on Samuel Ballard, Sr, a white American who joined the Cherokee and lived in the Cherokee Nation in Georgia, took part in the Trail of Tears, and left descendants in Oklahoma.  We will work back from him to show his likely ancestry.

We’ll start with a review of the limitations of certain records we commonly rely on. The US Federal Census is of no value in the early years; in fact, Native Americans were not enumerated until the 1860 census, and even that year the instructions to enumerators (according to James P. Collins, “Native Americans in the Census, 1860-1890”, in Prologue (Summer 2006, Vol. 38, No. 2) stated:

“Indians not taxed are not to be enumerated. The families of Indians who have renounced tribal rule, and who under state or territory laws exercise the rights of citizens, are to be enumerated.”

Essentially – Indians living on reservations generally were not enumerated — though there are rare exceptions, with variations in each census. Prior to 1860, generally speaking, Native Americans were not enumerated. Recall the original purpose of the census, which is to count all citizens to determine representation in Congress.

We did find, however, that Samuel Ballard, age 58 (born c. 1802), a farmer, born in Tennessee, was enumerated in the 1860 US Federal Census in the Koo wee Skoo wee District, Indian Lands, Arkansas (this was prior to the organization of the state of Oklahoma, which occurred in 1907.  1860 US Federal Census, Koo wee Skoo wee District, Indian Lands, Arkansas, Roll M653_52, Page 1174, Image 702.

His white ancestry may explain his omission from the Drennen Roll of 1851 (named for the compiler, John Drennen), which was the first enumeration of Indians after the Trail of Tears.  It documented payments made to Cherokees living in the west who removed as a result of the Treaty of 1835, Article 9.  Family groups are listed in the districts in which they resided.  Samuel Ballard’s family appears as Group 367, in Delaware District:

  • Sarah Ballard
  • Samuel Ballard, Jr.
  • Martha Ballard
  • Manirva Ballard
  • Thomas Ballard
  • Sarah Ballard, Jr.
  • Johnson Ballard

Trail of Tears Map, Showing Indian Removals, 1830-1838.
Trail of Tears Map, Showing Indian Removals, 1830-1838.

We have evidence of Samuel Ballard’s activities during the Trail of Tears from contemporary correspondence of the military personnel responsible.  From Correspondence on the Subject of the Emigration of Indians Between the 30th November, 1831 and 27th December, 1833 (Washington: Duff Green, 1834).

Emigration of Indians,

Office Commissary General Subsistence, August 17, 1833.

          SIR: Yours of the 12th July is received, together with your accounts for the second quarter 1833. You state that, in consequence of a request of General Gratiot, you proceeded to Red river to pay a few individuals moneys due them on account of improving the navigation of that river, and “whose accounts could not be settled without your presence.” That, being on board the Lioness steamboat when she was blown up, you lost, among other money “two hundred and forty one dollars and seventy-eight cents of the money for the removal and subsistence of the Indians,” and you say you are not willing to lose this amount, unless I am of opinion that the loss should be your own. It is very sure that you are charged with a certain sum of the public funds, and that you cannot be released by this department, except through the medium of your expenditures. No power short of Congress can give you relief on the score of your having sustained a loss.

You will not hereafter leave the neighborhood of the tribe unless with the sanction of the department. Mr. Currey informs me that Samuel Ballard and John Rogers, two white emigrants at the head of Indian families, have returned to the old nation.

You report having made over issues to several persons in consequence of Captain Vashon’s statements not agreeing with Mr. Currey’s muster-roll, which latter was not furnished to you until after the issues were made. The cost of the over-issues must be stopped by Captain Vashon from any moneys to which those persons may be entitled. Hereafter, take the pre caution to make no issues except upon Mr. Currey’s roll, a copy of which Captain Vashon should hand over to you as soon as received. He will be requested to do so.

Respectfully, &c., GEO. GIBSON, C. G. S.

To Lieutenant Washington Seawell,

Disbursing Agent Cherokees West, Fort Gibson, A. T.


CHEROKEE AGENCY, July 11, 1833.

The War Department having, under the directions of the President, ordered the opening of books, and authorized the Governor of Georgia to appoint two persons to aid me in enrolling the names of such as give their assent to a treaty on the terms heretofore proposed to the Cherokee people, as well as to send off such of the reservees under the treaties of 1817-19, as are ready to remove, a disbursing agent will be required to meet the requisitions necessarily attending the progress of these measures.

Whether this disbursing officer shall only pay out moneys, or whether he shall attend generally to transportation and subsistence, has been a matter of doubt. Will you be so good as to decide the question, and give instructions accordingly?

For this station, would it not be well to despatch an officer whose views are known to accord with those of the Executive of the United States?

The assistant enrolling agents are to be on a per diem allowance of $4, besides their expenses: they will each be furnished an interpreter at $2 50 r day.

The superintendent will also have an interpreter, employed at the same allowance. Whether any, or what number of the reservees will remove shortly, is uncertain; but there are some families in the nation, who, under former enrolments, have signified a wish to remove early in the fall.

Samuel Ballard and John Rogers, two white emigrants at the head of Indian families, having returned, in violation of their engagements, will be proceeded against as directed in similar cases hereafter.

I have the honor to be,

Most respectfully,

Your very humble servant,

BEN. F. CURREY.

Gen. GEORGE GIBSON, C. G. S.


Samuel Ballard appears on the 1835 Henderson Roll, which was a census of the Cherokee Nation in Georgia.  That census shows Samuel Ballard at Red Clay in McMinn County, Tennessee; Red Clay was the site of the last seat of Cherokee national government before the 1838 enforcement of the Indian Removal Act of 1830.   The Cherokee government moved there after being forced out of New Echota, Georgia.

The 1838 Muster Rolls, part of the collection of the National Archives Cherokee Emigration Rolls, 1817-1838 (specifically, in this instance, the Muster Roll of B.F. Currey (Benjamin F. Currey), are lists compiled by those completing the removal of the Cherokees.  The Muster shows Samuel Ballard’s household consisted to two males under age 25, two females under age 25, and one male over age 25.

Eastern Cherokee Applications of the U.S. Court of Claims, 1906-1909, were applications for shares from a fund appropriated by Congress in 1906 in favor of the Eastern Cherokee.  Applicants provided extensive information about their families to support their claim, which is a gold mine of information about these families.  Below is transcribed that of Thomas Ballard, one of the sons of Samuel Ballard.  Lines left blank are omitted.


Commissioner of Indian Affairs, Washington D.C.

Sir:

I hereby make application for such share as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906, in accordance with the decree of the Court of Claims of May 18, 1905, and May 28, 1906, in favor of the Eastern Cherokee.  The evidence of identity is herewith subjoined.

1 State full name —

English name: Thomas Ballard

2 Residence: Vian

3 Town and post office: Vian

4 County: Cherokee Nation

5 State: Indian Territory

6 Date and place of birth: About 1848 – Delaware Dist., Cherokee Nation

7 By what right do you claim to share?  If you claim through more than one relative living in 1851, set forth each claim separately:  Emigrant ancestors, self – Alex Drumgool Jr and Father Calomasky (?) Durmgood grand mother.  George Drumgool uncle.  Alex Drumgool uncle.  Jim or James Drumgool uncle.  Alex Drumgool uncle.  Sarah Drumgool mother.  Ruth & Charels Collins/Drumgool aunt & uncle.  Thomas Ballard, self.  Sam Ballard, brother

8 Are you married?  Yes

9 Name and age of wife or husband: Susan Ballard, 45 white.

10 Give names of your father and mother, and your mother’s name before marriage.

Father — English name: Samuel Ballard white

Mother — English name: Sarah Ballard

Maiden name: Sarah Drumgool

11 Where were they born?

Father: Don’t know (white man)

Mother: Georgia in Old Nation

12 Where did they reside in 1851, if living at that time?

Father: Delaware Dist, Cher. Nation

Mother: ”          ”          ”             “

13 Date of death of your father and mother —

Father: 1862   Mother: About 1869 or 70

14 Where they ever enrolled for annuities, land, or other benefits?  If so, state when and where: 1851 Delaware Dist — Cherokee Nation

15 Name all your brothers and sisters, giving ages, and if not living, the date of death:

(1) Samuel died 1862 or 63

(2) Martha

(3) Minerva

(4) Thomas self born 1848 } twin [of Eliza]

(5) Eliza born 1848} twin [of Thomas]

(6) Delilah (Sarah [Wood?  Illegible] & Fannie) not in 51 Roll

16 State English and Indian names of your grandparents on both father’s and mother’s side, if possible:

Mother’s side: Alex Drumgool, Colomasty (?) Drumgool

17 Where were they born? Old Nation —

18 Where did they reside in 1851, if living at that time?  Grandmother lived in Delaware Dist, Cher. Nation.

19 Give names of all their children, and residence, if living; if not living, give dates of death. [Note:there appears to be confusion in filling out the form, with names listed consecutively, ignoring the requested information of English name, Indian name, Residence].

George dead before Nov 61

Alex — dead “

Jimmie or James dead “

Sarah (mother) 1869 or 70 died

Ruth (Collin) dead long time now

Eliza Welch dead 1858 or 59

Can’t give exact dates of death — but all are dead —

20 Have you ever been enrolled for annuities, land, or other benefits?  If so, state when and where.  1851-1874 Delaware Dist.  1880, Illinois Dist. (1883-1886, 1890 [illegibile] 1893. Illinois Dist. Appl for [illegible] 1904.

21 To expedite identification, claimants should give the full English and Indian names, if possible,of their paternal and maternal ancestors back to 1835: Alex Drumgool, Grandfather; Calomasky (?) Drumgool Grandmother, Samuel Ballard (white man), Sarah Drumgool Ballard.

REMARKS

(Under this head the applicant may give additional information that he believes will assist in proving his claims.)

I am doing the best I can to make out my claim.  These are the only “strain list” (?) [illegible] that I know.

I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief.

(Signature.) Thomas Ballard

[followed by a notarial seal and affidavit of witnesses]

NARA M1104. Eastern Cherokee Applications of the U.S. Court of Claims, 1906-1909, Application No. 1056.


Note that Thomas did not know where his father came from while his mother came from Georgia, yet later generations state that Thomas came from Tennessee.  Could they have derived that information from the fact of temporary settlement in Tennessee following the tribe’s removal from Georgia?

An Indian Pioneer Oral History Project conducted through the Works Progress Administration during the Great Depression (and stored at the Oklahoma Historical Society) includes an interview conducted 20 July 1937 with a William Ballard of Braggs, Oklahoma.  We have not yet determined his relationship to the other part-Cherokee Ballards, but the interview states:

William Ballard was born at Whiteoak, 18 miles South of Tahlequah, in 1876. He is a ½ blood Cherokee Indian.

His father’s people came from Tennessee, his mother’s people from North Carolina. They came by wagon train drawn by oxen and horses. His grandmother died on the way and a grave was dug a few yards from the road. Where she was buried, the grave marked by a stone with no inscription.

None of his people took part in the run of 1889. His ancestors were farmers and hunters, also fishermen.

Two interviews were conducted in 1937 and 1938 with Elizabeth Ballard Sanders, the daughter of Thomas Ballard whose Application to the U.S. Court of Claims appears above.  Curiously, in the first interview (in 1937) she states that Thomas (whose family came from Tennessee) ran away when he was 16 and joined the Union Army, while in the second (in 1938) she states that he joined the Confederate Army at the age of 17.

 I was born January 19, 1868 in the Cherokee Nation in what was known as the White Oak settlement, nine miles East of Braggs, I.T.

My mother’s people came here from Tennessee with what was known as the first settlers. My great-grandmother died on the way over here. My grandmother was only nine years old at the time. She (Betsy Riley Romine) and her father came on alone. She grew up and married Wright Romine who was my mother’s father. He died and she later married Jacob Bushyhead, an uncle of Chief Dennis Bushyhead.

My father’s people came here from Tennessee also, but they came later as emigrants when the Indians were driven West. My people were not full bloods. There was some white blood in the family, but I don’t know just what per cent. My father, Thomas Ballard, ran away from home when he was 16 years old and joined the Northern Army and fought in the Civil War. I can just remember hearing him say he fought in the Battle of Bull Run and that of Bunker Hill. They are the only battles I can remember hearing him mention. He and my mother were married after the war was over in 1865.

In the second interview, conducted 18 January 1938, Elizabeth Ballard Sanders stated:

My grandparents on my mother’s side were Wright Romine and Betsy Riley. Grandfather was an Irishman who came into the old Cherokee Nation in the early days and married my grandmother, a half breed Cherokee. They started westward with the first colony of Cherokees, known as “old settlers” in 1834. As they were crossing the Mississippi river on a ferry boat, my grandmother (Betsy Riley Romine) died. My mother was a small child and never had any very distinct recollection of her mother but said she well remembered after her mother’s death that they opened a large chest that contained her clothes and she saw a lot of gold money in the chest. They halted on their journey and buried her beside the river. Her sister, Mrs. David Carter and her husband who were in the party took charge of my mother and reared her.

When they reached their destination they located in the vicinity that was afterward known as Park Hill, near Tahlequah. Grandfather (Wright Romine) was a large slave owner and had brought his slaves with him. With the help of the Negroes they erected comfortable log houses in which to live and house the Negroes.

When the Cherokee Female Seminary was established in 1846, mother (Caroline) was enrolled in the first class. Mrs. Jane Ross, niece of Chief John Ross, was one of the teachers. Martha Schricmaher, mother of Mr. William Gulager, was a classmate.

I have heard my mother relate many amusing and unusual incidents that occurred during her childhood in a new country. One was when the children killed a sheep. Her uncle David Carter raised sheep as did many of the Cherokees. In the herd was a ram that would chase the children whenever he saw them and they had been warned against him. One day he attacked them and my mother did not run and when the ram came in reach she grabbed him by the horns and gave his neck a twist and he fell to the ground. Another child ran for the ax and they chopped his head off.

At the beginning of the Civil War, all of the slaves owned by her uncle ran away one night and as that left them entirely without servants much of the heavy work devolved upon her. As she was not accustomed to it, it was very distasteful. Later her uncle’s family refugeed to Texas as did many of the Cherokees. Mother did not go but preferred to stay with friends and other relatives.

My father, Thomas Ballard, a ¾ Cherokee Indian, joined the Confederate Army at the age of 17 and served under General Stand Watie. His Captain’s name was White Catcher. He participated in the Battle of Pea Ridge and all the skirmishes in that section of the country. After the war was over he met and married my mother, Caroline Romine. They established their new home in the Cookson Hills two miles from the Illinois courthouse. I was born there January 19, 1868. Jack Cookson for whom the community was named was one of our neighbors, a highly respected man and a leader in the community. Mr. Cookson operated a general store and cotton gin at Garfield. His son, Levi Cookson served several years as a member of the Cherokee council. Tom Madden who married my sister, was a pardner in business with Mr. Cookson. My father engaged in farming and stock raising. The chief source of his income was from cattle which were no great expense to raise as the range was fine and free.

And finally, records of the Confederate Army show that a Sam Ballard was a member of the 2nd Cherokee Mounted Volunteers.  A Company Muster Roll for the period September 30 to July 14, 1863 records that Sam Ballard “Died Dec 1862 in prison.”  Some researchers may have taken this as proof of the death of the elder Samuel Ballard, who would have been 60 years of age in 1862.  We believe this records the death of Samuel, Jr., for the first conscripts in the war were between the ages of 18 and 35; it was not until later in the conflict that older (and younger) men were pressed into service.  The claim record transcribed above does give 1862 as the year of the death of the elder Samuel Ballard, though we have not been able to corroborate the information with another record.  Several online sources give a date of death of the elder Samuel as 16 March 1863, but again we have not been able to corroborate this with a primary record.

Samuel Ballard in Tennessee.

In order to try to pinpoint the senior Samuel Ballard’s ancestry, we return to where we began — the 1860 Federal Census, in which he states he was born in Tennessee.  Having joined the Cherokee Nation, he would have had contact with them and their lands in Southeastern Tennessee, so we began our search there.  Not having access to local records, we enlisted the services of Amy Mays Emert, a professional genealogist in Powell, Tennessee, close to Knoxville with easy access to the Knox County Archives and the McClung Collection, a repository with many records for the region.

She began her search in Anderson County records, given the tax record that identified a Samuel Ballard residing there in 1805, but found no evidence of Ballard families settled in the area.  “Not finding anything in Anderson County regarding Samuel Ballard, I turned my focus to neighboring Knox County.  Anderson County was formed in 1802 from parts of Knox and Grainger Counties.  I first searched the Wills and Estate Settlements, hoping to find one for Samuel Ballard [none found].”

The court records reveal some interesting interactions with neighbors.  Court cases occurred in two courts: Circuit, and Pleas and Quarter Sessions.  In some cases the case files were too large to copy; in others the document was damaged and illegible, or even empty.  Ms. Emert provided a summary of the larger cases; transcribed below are the more interesting cases.

In July 1812, John Dudley assaulted Rebecca Ballard:

State of Tennessee, Knox County } July Sessions 1812

The grand jurors for the State impanneled sworn and charge to enquire for the body ot the County of Knox upon their oats do present that a certain John Dudley late of the County aforesaid Laboror on the _____ [blank in original] day of June 1812  with force and arms attorned in the County aforsaid in and upon the body of one Rebeckah Ballard in the peace of the state than and there being an assault did make and her the said Rebeckah Ballard did then and there beat, wound, and ill treat and mur [illegible] then and said [illegible] Rebeckah Ballard to the great  [illegible] of her the said Rebeckah Ballard to the evil example of all like offenders and against the peace and dignity of the state.

William C. Mynall, Solicitor for Knox County

Knox County, TN Court of Pleas and Quarter Sessions (Rebecca Ballard vs. John Dudley) Docket #3166/365, Box 3B, July Session 1812.   A similar complaint was made by a Patsy Ballard who was also assaulted by John Dudley.

In retaliation, Samuel Ballard, Sr, his sons Samuel Ballard, Jr and James Ballard beat up John Dudley and threw stones at his house.

State of Tennessee, Knox County }

Personally appeared John Dudley before me Robert Lindsay a Justice of the Peace in and for said county and being duly sworn on the Holy Evangelists of Almighty God to speak the truth the whole truth, and nothing but the truth.  Saith that on the night of the 9th last at his house in the county aforesaid, Samuel Ballard and his two sons viz. Samuel & James with sundry other persons to him unknown did make an assault on his house and on his person, and him the said John Dudley died beat bruise would & ill treat by throwing stones at him & at his house in a most violent manner, and did break open his window & throw in stones thereat to the great terror & danger of his family.

Sworn to & subscribed before me this 10th day of Novr. 1812 R. Lindsay. }

Jno. Dudley

State of Tennessee, Knox County }

To any lawful officer of said county,

Whereas complaint hath been made this day oath by John Dudley to us Robt Lindsay one of the Justices of the Peace in and for sd county, that on the night of the Ninth inst. at the house in the county aforesaid Samuel Ballard and his two sons viz Samuel & James with sundry other persons to him unknown did make an assault on his house and on his person and him the sd John Dudley did beat, bruise, wound & ill treat in a most violent manner by throwing stones at him & at his house & breaking open his window and throwing in stones thereat to the terror and great danger of his family — There are therefore in the name of the State to command you forthwith to apprehend the sd Samuel Ballard & his two sons Samuel & James Ballard and bring them before some Justice of the Peace for sd. county to answer to the above complaint & be further dealt with as the law directs.

Given under my hand & seal this 10th day of November one thousand eight hundred & twelve.

Robert Lindsay {Seal}

Summon Teresa McAffrey and William Hancock, witness in behalf of the state.  Ro. Lindsay }

Samuel, James and Rebecca Ballard were involved in another legal scrape in 1819, in which they were accused of beating and bruising John Low at their house.  Knox County, TN Court of Pleas and Quarter Sessions (John Low vs. James, Rebecca and Samuel Ballard), Docket #3527 & 3528, Box 3D, 16 February 1819.

James Ballard was again called before the Court in July 1819 for pulling a gun on the County Constable.  Knox County, TN Court of Pleas and Quarter Sessions (State of TN vs. James Ballard, Docket # 3529, Box 3D, 19 July 1819.

In 1823, a Mourning Ballard is called before the Court on the charge of Bastardy; in the record she names Isaac Bond as the father of the child.  Knox County, TN Court of Pleas and Quarter Sessions (State of TN vs. Mourning Ballard) Docket # 6318/841, Box 4D, 12 December 1823.

James Ballard was yet again in court in 1829 for assaulting William Scott.  Knox County, TN Court of Pleas and Quarter Sessions (State of TN vs. James Ballard), Docket # 7263/1086, Box 4I, 23 September 1829.

Deed books and tax records reveal additional relations.  On 25 October 1838, Samuel Ballard purchased 100 acres of land on the Holston River from D and M Shields & Company.  Knox Co. TN Warranty Deed Books, Book B, Vol. 2 (February 1838-March 1839), recorded 12 November 1838.  Two years later on 22 April 1840, Samuel conveyed this land to Matthew Ballard.  Note that a wife did not join in the conveyance or relinquish dower.  Knox Co. TN Warranty Deed Books, Book D, Vol. 2 (March 1840-February 1841), recorded 26 April 1840, pp. 48-49.

On 25 April 1840, Samuel conveyed personal property to Leroy Carpinter and Thomas Scott — “hath this day bargained sold and conveyed the following … one young bay hourse about five years old, one roan mare, one mans new saddle and riding bridle, one blind bridle one pair of harness chains …” Knox Co. TN. Warranty Deed Books, Book D, Vol 2 (March 1840-February 1841), recorded 15 June 1840, pp. 110-112.

A tax list for the year 1842 shows three male Ballards in District No. 11 of Knox County; Andy Ballard (Andrew) is shown with 100 acres of land, valued at $225; the next on the list is Sam’l Ballard, with no land or value next to his name, followed by Mathew Ballard, also with no land or value next to his name.  While Matthew Ballard legally held title, the fact it was listed this way suggests they were viewed as a family unit and were a single household.  Ancestry Tennessee Early Tax List Records, 1783-1895 (database online).  Federal Census records help us understand Andrew and Matthew, while James, for now, remains a cipher and the subject of additional research.

Andrew Ballard, born c. 1813, is believed to be the Andrew J. Ballard who married Nancy Franklin 22 April 1837 in Knox County.  They and their children were enumerated in the Knox County Federal Census in 1840, and in Blount County, Tennessee in 1850, 1860, 1870, and back in Knox County in 1880 (Nancy died between 1870 and 1880).  Their children were: 1. Nancy Ann, b. 1840; 2. Louisa, b. 1842; 3. Samuel, b. 1844; 4. Whitson, b. 1846 (“Whitfield” in the 1850 Census); 5. Rebecca, b. 1849; 6. Berthina, b. 1856; 7. Mary, b. 1859; 8. Naoma, b. 1864.  It’s worth noting that the 1880 Census indicates that Andrew’s father was born in Virginia.

Matthew Ballard, born c. 1821, on 25 April 1846 married Susan Jane Lawhorn (certificate).  Curiously, the 1850 Federal Census lists his place of birth as “Not Known,” but in subsequent enumerations he listed Tennessee. He was not consistent with reporting his age; in 1850, the Census records 24 (born c. 1826); in 1860, 38 (born c. 1822), in 1870, 50 (born c. 1818) in 1880, 59 (born c. 1821).  He and Susan had one daughter, Rebecca, born c. 1848.

Andrew, James and Matthew Ballard found themselves in court in 1845, which to our benefit demonstates a familial connection, though the subject of the dispute is not known:

State of Tennessee, Knox County }

Circuit Court June Term, Eighteen Hundred and Forty-four.

The Grand Jurors for the State of Tennessee, being duly summoned, elected, empannelled, sworn and charged to enquire for the body of the county of Knox within the State aforesaid upon their oath present that Jame Ballard, Matthew Ballard, Andrew Ballard, Israel Scott and James Nipper, late of said county, laborers, on the ninth day of June eighteen hundred and forty-four, with force and arms, in the county aforesaid, unlawfully, riotously and routously* did assemble and gather themselves together to disturb the peace of the state aforesaid, and being so assembled and gathered together, in and upon one Milly Hensly, in the peace then and there being unlawfully, riotously and routously did make an assault, and the dwelling house of the said Milly Hensley, with force and arms, riotously routously and unlawfully did then and there begin to pull down and did then and there unlawfully riotously and routously batter the walls of the said dwelling house of the said Milly Hensley, she, the said Hensley, being then and there in the said dwelling house and did then and there pull down the chimney to the said dwelling house in a riotous and unlawful manner to the evil example of all like offenders and against the peace and dignity of the state.

Robert B. Reynolds, Attorney General

Knox Co. TN Circuit Court (State vs. James, Andrew and Matthew Ballard), Docket #3422, Minor #2471, Box 25 (June Term 1844).

*Routously  — archaic :  uproariously, noisily

What of the Other Samuel Ballards in Tennessee?

Census and other records show two other Samuel Ballards residing in Tennessee in the 19th century.

There was a Samuel Ballard born in 1816 who on 26 August 1841 married Nancy Scott (1817-1885) in Knox County.  We have not yet determined who his parents were, but the circumstances show that he was not the son of Samuel Ballard, Sr.

Since he was born well after the 1812 court case naming Samuel Sr and his sons Samuel Jr and James in the altercation with John Dudley, we can comfortably eliminate him as that Samuel.   In 1850 the family resided in Knox County, and in 1860 in Blount County.  Samuel and Nancy are interred in Mount Moriah Cemetery in Blount County; Samuel died 12 June 1865, and Nancy Scott on 3 July 1885.  Their children were: 1. Marcus, b. 1843; 2. Samuel, b. 1845; 3. Mary, b. 1849; 4. Martha, b. 1850; 5. Nancy, b. 1852; 6. William, b. 1854; 7. Ann, b. 1857.  We believe this Samuel is a relation of the other Knox County Ballards (perhaps a son of Samuel’s son James; the 1800 Federal Census for Buncombe County, North Carolina shows Samuel with two sons born between 1790 and 1800), but we have not yet determined where he fits in.

Another 19th century Samuel Ballard resided in Memphis, Tennessee.  His obituary appeared in the Memphis Daily Appeal Tuesday, 21 April 1857 (p. 3), and shows he was a native of Baltimore, Maryland.  Probate records accessed via Ancestry do not show that he had any descendants, though he left behind many creditors.

In this city on the morning of the 20th instant, after a protracted illness, Samuel O. Ballard, aged forty-one years. [born 1816]

The remains of the deceased will be removed to Somerville this morning, there to be interred by those of his wife.

The deceased, we believe, was a native of Baltimore, but from early manhood, has been a citizen of West Tennessee and was, at the time of his death, Collector of Customs at this port.  He possessed a warm and genial nature, and has left behind him troops of devoted friends to mourn his death.

Where Did Samuel Ballard of Knox County Come From?

There are two participants in the Ballard DNA Project who descend from Samuel Ballard, and are part of Lineage Group I.  This group is comprised of descendants of Thomas (c.1717-1781) and John Ballard (c.1719-1780) of Albemarle County, Virginia, Bland Ballard (c. 1713-1791) of Spotsylvania County, Virginia, and Richard Ballard (c. 1692-c. 1779) of Essex County, Virginia.  Some researchers claim that these men descend from Thomas Ballard of James City, Virginia (1630-1690), but participants in other lineage groups (which are genetically unrelated) claim descent from him as well.  Neither group has presented sufficient evidence to prove this descent (to the satisfaction of this researcher), so the ancestry of these men further up the line remains unsettled in these pages.

The above mentioned Thomas Ballard of Albemarle’s eldest son, John (c. 1739-c.1779) predeceased his wife and father.  John had married  Mourning __________, who was named in his father’s will of 30 June 1779 on land that he devised to his sons Thomas and Bland:

Item I give and Devide to my sons Thomas Ballard & Bland Ballard and their heirs for ever all this my land they suffering my daughter-in-law, Mourning Ballard to live on, use and occupy that part of it whereon she now lives during her natural Life and I will and …. the land to be equally divided between them so that Bland enjoy that part whereon he now lives.

The existence of the will (now lost) of John Ballard, son of Thomas and husband of Mourning  is proven by the following deed recorded in Buncombe County, North Carolina:

Know all men by these presance that I Samuel Ballard of the county of Buncombe and the state of North Carolina do hereby bargain, sell, convey and transfer unto Robert Patton of the said county and state for and in consideration of the sum of two hundred and fifty Spanish Mill dollars to me in hand paid by the said Robert Patton the receipt where of is here by acknowledged for all my right title and claim to all that legacy or heirship left or bequeathed to me by my father John Ballard by his last will and testimony which legacy is to become due to me at the death of my mother Morning Ballard. I do hereby vest said Robert Patton and his heirs with full power and lawful authority to ask, receive, sue for and recover and to appropriate to his own use or to the use of his heirs all that estate or legacy with real or personal bequeathed to me by my father John Ballard by his last will and testimony and to all intents and purposes I do place said Patton and his heirs in my room and sted as heir to that whole legacy to me bequeathed by my father in as full and as ample a manner as I myself am or could be by virtue of sd last will and testimony or by virtue of law & further suit all claim sd legacy warranting, defending it to sd Patton and his heirs from myself and my heirs, executors, administrators and assigns from all other person and persons claiming my right as heir to my devidend of sd estate, given under my hand this 20th day December 1798.  Test: Aaron Patton, George Newton

Recorded Buncombe Co. North Carolina Deed Book 3, p. 198.

Samuel Ballard and John Ballard both appear in the 1800 North Carolina Federal Census as being 26 to 45 years of age. Also in Buncombe County appears “a deed or letter of Attorney from John Ballard to Robert Patton for all that part of his father John Ballard’s estate that was bequeathed to him by the last will of John Ballard, deceased, was proved in open court by the Reverend George Newton, One of the subscribing witnesses thereto, and ordered to be registered.” January Court 1800, Buncombe Co. N.C. Probate of Deeds, p. 98.

The children of John Ballard and Mourning _____________ were:

Samuel.  Born c. 1770, Samuel Ballard removed from Albemarle County, Virginia to Rutherford, North Carolina before 1790, where he appears on the US Federal Census that year and is enumerated as a male over age 16 (born before 1774) in a household that includes two females.  1790 US Federal Census, Rutherford, North Carolina, Series M637, Roll 7, Page 133, Image 85.  He must have settled in that part of Rutherford that was cut off (along with part of Burke County) to form Buncombe County in 1791, for in 1800 he is enumerated in Morgan, Buncombe County as head of a household with a wife of approximately the same age (between 26 and 44), two sons under age 10, a daughter between 10 and 15, and two daughters under age 10.  1800 US Federal Census, Morgan, Buncombe, North Carolina, Series M32, Roll 29, Pag 163, Image 108.

Samuel’s brother John Ballard is also found in Morgan, Buncombe, North Carolina in 1800.  The Federal Census that year enumerates a male head of household age 26 to 44, and the household includes a female age 16 to 25, two males under age 10, three females under age 10, and one female over age 45 (born before 1755).  We are inclined to believe that the older female is Mourning, John and Samuel’s widowed mother.  1800 US Federal Census, Morgan, Buncombe, North Carolina, Series M32, Roll 29, Page 160, Image 105.

As noted above, on 20 December 1793, Samuel Ballard executed a quitclaim deed for his interest in his father’s estate to Robert Patton that was recorded in Buncombe Co. N.C. Deed Book 3, p. 198.  In  1799 (the deed fails to name the month: “This indenture made the 29th day in the year of our Lord one thousand seven hundred and ninety nine …” Samuel Ballard purchased from James McMahan “a certain tract of land lying and being in the county of Buncombe on a creek called Forgey’s Creek of Swanannoa …” (100 acres). Recorded Buncombe Co. N.C. Deed Book 3, p. 317, and acknowledged in January Court 1801 and recorded. Buncombe Co. N.C. Probate of Deeds, p. 135.  This same 100 acre parcel was sold by Samuel Ballard to William Edmunson (Edmundson) on 16 July 1802, recorded Buncombe Co. N.C.  Deed Book 7, p. 285, and acknowledged October Court 1802.  Buncombe Co. N.C. Probate of Deeds, p. 205.  Note that no wife joined in the conveyance; could she have died between 1800 and 1802?

No Samuel Ballard is found in North Carolina in the 1810 Federal Census, but a Samuel Ballard appears on a tax list dated 1805 in Anderson County, Tennessee.  We believe that after selling his North Carolina land, Samuel Ballard removed to Anderson County, Tennessee.  Unfortunately Anderson County lost its Federal Census records for 1810 and 1820, so verifying this is problematic and we turn to the court records for additional information, and are amply rewarded with tales of mayhem.

John.  A John Ballard on 25 November 1798 purchased from Joseph Dodson 200 acres on Bold Mt. Creek.  Recorded Buncombe Co. N.C. Deed Book 3, p. 246.  On 10 June 1805, John Ballard conveyed 50 acres on Ball Mountain Creek to a Richard Ballard.  Recorded Buncombe Co. N.C. Deed Book 10, p. 336.  We do not know the relationship of the John to Richard; likely father and son.  Richard Ballard purchased 238 acres on Bald Mountain from John Strother et. al. on 24 October 1805, recorded 1 April 1807 Buncombe Co. N.C. Deed Book A, p. 153.

Thomas, for an 1800 a British Mercantile Claim reported the whereabouts of a Thomas Ballard, son of John, then resident in North Carolina; the supplier of the information appears to be “Thomas Ballard of Albemarle, an uncle of Thomas Ballard, son of John.” The likely informant being Thomas Horace Ballard, to wit:

“Thomas Ballard, son of John, Albemarle. £7.9.0 by account. He removed to North Carolina during the time the Convention Troops of Gen. Burgoyne were stationed in Albemarle, which must have been about 1779 or 1780. He carried with him some slaves and other property and was generally reputed solvent. He lives near the hanging rock in North Carolina. Thomas Ballard of Albemarle is an uncle of Thos. Ballard, son of John.” British Mercantile Claims (cited in The Virginia Genealogist, Vol. 29, No. 4, p. 299).

On 1 August 1816 a Thomas Ballard purchased 290 acres on French Broad River from Jerremiah R. Pace.  Recorded Buncombe Co. N.C. Deed Book 11, p. 63.  On 25 December 1820, Thomas Ballard conveyed 50 acres on French Broad River to Charles Stewart.  Recorded 23 December 1831 Buncombe Co. N.C. Deed Book 16, p. 392.

Conclusion.

We believe, based on the evidence above, the fact that we can account for the other Samuel Ballards living in Tennessee in this time frame, and yDNA evidence, that the Samuel Ballard born c. 1802 in Tennessee who joined the Cherokee c. 1830 and ultimately removed to the Indian Territory in what is now Oklahoma (and died, according to his son’s application to the U.S. Court of Claims cited above, in 1862, though several online sources state he died 16 March 1863, but do not provide the source of this information) is the son of Samuel Ballard (c. 1770-aft. 1840), who removed from Virginia to Buncombe County, North Carolina, then to Knox County, Tennessee, and who was, in turn, the son of John Ballard (c. 1738-c. 1779) of Albemarle County, Virginia, the son of Thomas Ballard (c. 1717-1782) of Albemarle County.

We’ve seen no evidence of the name of Samuel, Sr’s wife.  Recall that when he sold land in Buncombe in 1802, no wife joined the transfer to relinquish her dower interest (and no wife joined in the conveyance by Samuel to Matthew Ballard in 1840), but if living, she may have been named in one of the Knox County court cases, or if deceased, then all of the females named in those records were probably his daughters.  An educated guess would be that her name was Rebecca, and perhaps the Rebecca named in the cases was his wife, given that the name is in his household, and his sons Andrew and Matthew named daughters Rebecca.  Yet we know from Census records that Andrew and Matthew were born after 1802; could it be that she was still living, and the legal formality of dower release was ignored or overlooked?  If she died, was there another wife?  Nevertheless, his likely children (in no particular order) are: Rebecca; Patsy; James; Mourning; Samuel, Jr.; Andrew; Matthew.

There are still more details to fill in to tell the story about the Ballards who settled in southeastern Tennessee and in Buncombe County, North Carolina, which is a bit outside of the scope of this post.  Future posts will take a closer look at Andrew Ballard, who named a son Whitson, which seems a corruption or variation of “Winston,” a name used in the family of Micajah Ballard who lived in Campbell County, Tennessee and removed to Lawrence County, Ohio.  A Winston Ballard appears on a tax list in Anderson County, Tennessee in 1837 (one line away from a Joseph Ballard), on the Federal Census in Campbell County in 1830 and 1840, and he appears to have removed to Greene County, Illinois by 1850.  Curiously, the Greene County Illinois census enumerator failed to list the ages of anyone in that household, though he noted that they were all born in Tennessee except the last, Sarah, who was born in Illinois (the list included Winston R. Ballard; Isabel; James; Emeline; Mary Ann and Sarah).  Also in Campbell County, Tennessee was a Richard Ballard who married Frances James, the daughter of Rolling James.  And there is a Ballard family in Roane County, Tennessee we have yet to study.  There is still much to do here.

Many thanks to Amy Mays Emert for the work she undertook on our behalf at the Knox County Archives.

James E. Ballard of Ray County, Missouri (1817-1893).

About eight years ago we stumbled on a curious legislative act among the Laws of Kentucky and at the time did not pursue researching it, until now.   In a volume entitled Acts of the General Assembly of the Commonwealth of Kentucky: Passed at December Session, 1847 (Frankfort: A.G. Hodges & Co., 1848), pp. 254-55, we found the following.

AN ACT for the benefit of James L. Ballard and Matilda, his wife.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Matilda Ballard, wife of James L. Ballard, to join in the sale and conveyance of her interest in a tract of land that descended to her from her brother, William Flournoy, deceased, lying in Washington county; and a deed of conveyance executed by her and her said husband, James L. Ballard, in conformity with existing laws, shall be effectual to vest the title, in fee simple, in the grantee, as if the said Matilda were of full and mature age: Provided, that no such conveyance shall pass the title to said land until the said James L. Ballard execute bond, with one or more good securities, in a penalty double the value of said Matilda’s interest in the land to be conveyed, payable to the Commonwealth of Kentucky, in the Clerk’s office of the Washington County Court, conditioned that the proceeds of the sale shall be vested in lands in the State of Missouri, and the title to be secured to and vested in the said Matilda Ballard; which bond shall be preserved in said office, and it may be put in suit by the said Matilda Ballard, or her heirs, for any breach thereof.

Approved February 25, 1848.

This tells us that the couple sold the property she inherited from her brother William Flournoy (who lived in Washington County, Kentucky), Matilda was under the age of 21, and the couple was moving to Missouri but needed this act to legitimize the conveyance.

Given that this occurred just before the 1850 census, we turned first to the census records to try to find the couple. At the time there was only one couple named James and Matilda Ballard in Missouri, but that James had the middle initial “E.” Presumably the “L.” in the legislative act was a transcription error.

The 1850 Census enumerated James E. Ballard, age 33, born in Virginia; Matilda Ballard, age 22, born in Kentucky, and Adeline Ballard, age 1, born in Missouri. 1850 US Federal Census, District 75, Ray, Missouri, Roll: M432_412, Page 289B, Image 19.

In 1860, James, Matilda and Adeline are erroneously listed as “Rolland”, not Ballard. The household listing begins with a Samuel Rolland, age 40, a farm hand, followed by Rebecca, age 19, John, age 17, and Jessie, age 16. Next is James Ballard, age 44, a Miller, born in Virginia; Matilda, age 30, born in Kentucky; Adeline, age 10, listed erroneously as born in Kentucky; and a new addition, James Ballard, age 2, born in Missouri. 1860 US Federal Census, Richmond, Ray, Missouri, Roll M653_643, Page 269, Image 273.

By 1870, the family is still in Richmond in Ray County, Missouri, but by then James has retired (“retired merchant”), age 53, born in Virginia; Matilda, age 43, born in Kentucky; Adeline is no longer with them, but James J. Ballard, age 12 is “at home.” An additional member of the household is a Lemuel Boon, age 79, “no occupation.”

By 1880, it appears Matilda had died (we’ve found no record of this, however), and James Ballard, age 64 is in the household of S. Ken C. Hancock, age 37, a farmer from Tennessee, who married his daughter Adeline (“Addie Hancock”). Their daughter Ida Hancock, age 1, was born in Kansas. James’ son James, age 22 is also with them.

James E. Ballard and his son James J. Ballard are both interred at Greenwood Cemetery in the town of Sedan in Chautauqua County, Kansas. James E. Ballard’s tombstone shows that he was born 22 November 1817 and died 3 February 1893, and his son was born in 1859, died in 1923.

According to her tombstone, James’ daughter Adeline Hancock was born 27 March 1849, died 10 February 1920, while her husband S. C. Hancock was born 27 October 1844, died 15 November 1898. Both are interred at Greenwood Cemetery.

In 1900, James Ballard (the son) was a servant in the household of Henry and Eva Colyer. This record listed him as born in March 1861, yet he is the only James Ballard in Missouri with a father from Virginia and a mother from Kentucky. He is apparently unmarried, and presumably died without issue. We have not found him in the 1910 or 1920 census.

Nor have we found anything other than the Act linking Matilda to her family in Kentucky, and based on his response in the 1880 Federal Census, James did not know which states to name as their places of birth.  While this particular male line appears to have died out (Adeline had two children — Ida and Elliott — that may have had children), knowledge of his descent could help untangle the lines of the Virginia families.

The Will of William Ballard of Roane County, Tennessee (1850).

While researching Ballard families in Southern Tennessee, we chanced upon records of a William Ballard who appears in a Roane County tax list in 1805.  The county was formed 6 November 1801 from Knox County.  The Roane County tax list is the earliest mention we’ve found of him.  Images of the original are available on Ancestry but difficult to read.  William Ballard appears as No. 196, and its worth noting that his future father-in-law, John Eblen, is No. 175.  William Ballard married Polly Eblen on 22 May 1807. Tennessee State Marriage Index, 1780-2002 (FamilySearch database).  The 1850 Federal Census shows that William was born c. 1781, which means he was about 24 years old in 1805.

Federal Census records for Knox County for the year 1800 has been lost, and the Federal Census records for Roane County for the years 1810 and 1820 have been lost, though substitutes are available.  William Ballard appears in the 1830, 1840 and 1850 census; in the last his age is given as 69 (born c. 1781), and appears with a wife, Rosannah Ballard; a child is in the household, named Jesse Brazzeal.  This appeared strange until we noticed that a box was checked indicating that they were married within the year, and we found a marriage record proving the marriage of Rosanah Breazeale and William Ballard on 6 November 1849.

Curiously, a memorial in Findagrave.com states (without sources) that Polly Eblen Ballard died 3 December 1849, which is nearly a month after the date of his marriage to Rosanah Breazeale.  It’s also curious that William’s will does not mention his second wife Rosannah, who is shown on Findagrave.com to have survived him until 1856, yet there is no mention of her in subsequent estate matters in the will books.  Needless to say, additional research is needed to get the facts straight.

An aside about Findagrave.com — while it is often a tremendous resource, we are inclined to only trust those entries that include a photograph of the tombstone.  That site allows users to post memorials to any individual they wish, and place them anywhere they think prudent.   These “made up” memorials aren’t always easy to distinguish from actual burials, which results in the dissemination of erroneous information.  As with all secondary sources, it’s best to verify information found on Findagrave.com with original records.

What is interesting to us, however, is the fact that the 1850 Federal Census indicates that William was born in Virginia (his wife Rosannah was born in Tennessee), and that records of actual tombstones in Findagrave.com show that Washington Ballard, William’s eldest son, named children Samuel C. Ballard and David J. Ballard (both died young), which are names commonly used among descendants of John Ballard of Albemarle County, Virginia (c. 1719-1780).

This is an instance when yDNA research proves invaluable.  We can focus on this line because: (1) a recent male descendant of this William places him squarely in Lineage Group I; (2) naming patterns in later generations point to likely descent from John Ballard of Albemarle; (3) The descendants that would be of the right age among Thomas Ballard of Albemarle, John’s brother, and their other brother Bland Ballard Sr of Spotsylvania County and their other brother (or cousin) Richard Ballard are for the most part accounted for.  The problem is that the descent of two sons — William and Samuel — hasn’t been properly traced.

John Ballard of Albemarle left a will dated 11 June 1779, and in it he names his sons Thomas Ballard and William Ballard as his executors.  Obviously the William whose will appears below is not the same William if he was born in 1781 (though some online genealogies place him there).  However it is possible that our William is the grandson of John of Albemarle by way of one of the two sons whose descendants have not been traced: the William identified as living below Mechum’s Depot in Albemarle, or William’s brother Samuel, who last appeared with any certainty in a record dated November 1784 when he executed a power of attorney with his brothers to sell land in Albemarle.  It isn’t clear from the records if there was a single power of attorney or multiple, or where each brother resided; brother Thomas executed the deed by power of attorney on behalf of brothers William, John, David, Samuel and Bland.

Could the secondary information on William Ballard of Albemarle be incorrect, and the three brothers (William, Samuel and Bland) traveled together to Rutherford County, North Carolina? A William Ballard appears in a Rutherford, North Carolina Tax List dated 1782, though his connection to this family is unknown.  Further complicating things: there were two William Ballard households in Albemarle in 1810, and two in Rutherford that same year.   Research on the ground in Albemarle and Rutherford Counties may provide an answer.


Will of William Ballard
Roane Co. Tenn. Settlements, Wills, 1847-1855, Book E, p. 363

I William Ballard of the county of Roane and state of Tennessee planter do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made.

First I direct that my body be decently interred at the graveyard at Prospect Church in said county in a manner suitable to my condition in live and as to such worldly estate as it hath pleased God to intrust me with I dispose of the same as follows.

First. I direct that all my debts and funeral expenses be paid as soon after my decease as possible out of any monies that I may die possessed of or may first come into the hands of my executor from any portion of my estate real or personal.

Secondly, I give and bequeath to my beloved son Washington Ballard the sum of two hundred dollars.

Thirdly, I give and bequeath to my beloved daughter Elizabeth now Elizabeth Taliaferro one black girl named Rachel that received when married at two hundred dollars.

Fourthly, I give and bequeath Eliza now Eliza Pryott the sum of one hundred dollars and one hundred dollars received in a short time after her marriage making the amount of two hundred dollars.

Fifthly, I give and bequeath to my beloved daughter Ann now Ann Harvey two hundred dollars.

Sixthly, I give and bequeath to my beloved daughter Francis now Francis McPherson the sum of two hundred dollars.

Seventhly, I give and bequest to my beloved daughter Caroline now Caroline Bacon the sum of two hundred dollars.

Eighthly, I give and bequeath to my beloved daughter Lucinda now Lucinda Bacon the sum of two hundred dollars.

Ninthly, I give and bequeath to my beloved daughter Lavina now Lavina Oliphant the sum of two hundred dollars.

Tenthly, I give and bequeath to my beloved son John E. Ballard one hundred and sixty acres of land lying & being in the county and state first mentioned situate in the second range East of the Meridian first fractional township nineteenth section and the north east quarter of said section, Hiwassee District on which he now resides and for which has received a deed of gift from me which is to be his portion of my estate real and personal.

Eleventh, I give and bequeath to my beloved daughter Sophia E. now Sophia E. Rose the sum of two hundred dollars.

Twelfth, I give and bequeath to my beloved daughter Mary Jane now Mary Jane Taliaferro the sum of two hundred dollars.

Thirteenthly, I direct the remainder of my estate real or personal money or monies that may come into the hands of my Executors after defraying all lawful expenses, to be equally divided between all of my heirs with the exception of my son John E. Ballard who has received by Deed of Gift his portion in full as above stated.

Lastly I do hereby make ordain and appoint my esteemed & beloved son Washington Ballard and my esteemed son in law James Oliphant executors of this my last will and testament in witness whereof I William Ballard the said testator have to this my will written on one sheet of paper set my hand and seal this fourth day of November in the year of our Lord one thousand eight hundred and fifty.

Signed sealed and published in the presence of us who have subscribed in the presence of the Testatator and of each other.

William Ballard (his mark)

Witnesses: Thomas B. Matlock, Thomas Osborn, James M. McNabb

Recorded December Term 1852, “Witness my hand at office in Kingston the 1st Monday of December A.D. 1852” Austin S. Greene, Clk.

Estate Inventory entered March Term 1853. Property reported sold 28 & 29 December 1852 (p. 387).

Final accounting entered 13 January 1855 (p. 510).


William’s son Washington Ballard died relatively young, at age 52. A descendant posted a biography in Findagrave.com:

Washington Ballard was the first child of William and Polly Ballard. He was the clerk of the session of Prospect Church where he is now buried. We know that he was a dedicated Christian from his devotion to his church and from the gift of land that he made to the church for the cemetery. Also his brother, John Eblen Ballard, gave land to the church.

Washington was around 18 years old when his family moved to the farm south of the TN. River in the Hiwassee District about 1826.  He lived in the two-story log cabin just over the hill from the Prospect Church.

He married Sarah Pursley on November 7, 1833. He then bought fifty acres of land for $300. adjacent to his fathers farm (Roane Cty Register, Book G. pg. 331). Washington and Sarah had nine children.  All of their sons were named after famous people.  He later married Harriet Oliphant and they had two children.

My great-grandfather apparently died unexpectedly at the age of 52. I wonder if his death was accidental or did he have a heart attack. His eldest son, Thomas Jefferson Ballard, was the executor of his estate and the inventory was listed in Roane County Wills and Estate Book Vol.F,pg 375,380-381,439 dated July 1861. It is interesting that his widow, Harriet Oliphant Ballard, had to buy goods from the estate.

Washington Ballard is buried in the Prospect Cemetery with a large stone bench as his grave marker.

This was written by my father, Fred B. Ballard (FAG # 148622034) about his great-grandfather.

Will of Alexander Ballard, Sr of Hawkins County, Tennessee (1751-1839).

We chanced upon this will (which has been published elsewhere) while researching Ballard families with roots in eastern Tennessee. Our current project is trying to solve the riddle of the ancestry of Samuel Ballard, Sr (c. 1802-1862) who married into Cherokee families and accompanied the tribe to the new Cherokee Nation in what is now Oklahoma during the infamous Trail of Tears in the late 1830s.

DNA analysis of several of his descendants link him to the families in Lineage Group I of the Ballard DNA Project, so figuring out how he connects is of great interest to us. Disparate sources –a Federal census record and several oral histories by descendants — point to Tennessee as his place of birth.

We’ll publish our thoughts on his ancestry in due course, but in the meantime thought we’d share this will found in the records of Hawkins County, Tennessee. Two versions are available: the original handwritten will is in the Hawkins County, Tennessee Loose Wills, 1779-1975, while a transcribed version appears in Book 1, page 52 of the bound records (both may be viewed on Familysearch.org).

At Creech’s Chapel Cemetery in Whitesburg, Hamblen County, Tennessee, is a funerary monument dedicated to the memory of Alexander Ballard, Sr (Hamblen County was created 8 June 1870 out of parts of Grainger, Jefferson and Hawkins Counties). The plaque reads:

In loving memory of
Alexander Sr and Rachel Ballard
Alexander Ballard, Sr., born in the township of Oxford, Philadelphia, PA first of our forefathers to settle in what is now Tennessee in the year 1795.

Robert A. Trent
4th Great Grandson
2005

A relatively new gravestone marks the grave:

ALEXANDER
BALLARD, SR.
Common Sailor
Capt. Griffin’s Company
Continental Navy
Revolutionary War
1751-1839


Will Book 1, Page 52
6 May 1839

May the 6 day one thousand height hundred and thirty nine to all whom these may concern, I, Alexander Ballard, Sen’r., in the Name of God, Amen, being sound in mind and memory but frail in body do make and ordain this my last Will and Testament.

First. I give and bequeath unto my grand daughter, Sary Ann Ballard, the daughter of my son Alexander Ballard, Junior my dwelling house and all my household furniture, to wit: One bed and furniture, one corner cupboard, one chest and one table and two chairs, one pot, one frying pan. To the said Sary Ann Ballard, for her service to me in my old age, to be the said grandchild’s forever after my death.

In witness whereof I have set my hand this day and year above written.

Alexander x Ballard, Sr. (his mark)

Test: Andrew Coffman
Thomas [X] White (his mark)

May the 6th day one thousand eight hundred and thirty-nine. To all whom these presents may concern. I Alexander Ballard, Senior in the name of God, Amen, being sound in mind and memory, but frail in boddy do make and ordain this my last Will and Testament.

Second my will is that my grandson, James Mauley [or Manley] Ballard, son of Alexander Ballard, Junior unto first, my saddle and bridle and big coat, the same to be James M. Ballard’s after my death, and also he — the said James Mauley Ballard, is to have one hundred dollars in silver when he is twenty one years of age, which I will to him after my death.

And last of all, my will is that my son, William Ballard or his heirs, one dollar; John B. Ballard, one dollar; David Ballard one dollar; Joshua Ballard, Alexander Ballard, Jr., George and Jesse Ballard one dollar each, and to my daughter Jane [in original smudged, omitted in the Will Book transcription, the first letter appears to be “W”], one dollar.

All my burial expenses paid out of my estate. In witness whereof I set my hand this date and year as above written.

Alexander X Ballard, Sen’r (his mark)

Test: Andrew Coffman
Thomas [X] White (his mark)

The Ancestry of Bland N. Ballard of Pulaski County, Missouri (1800-1861).

We’ve noted before how helpful old county biographies can be, because by summarizing a person’s life and travels, they provide a terrific guidance for where to search for records to verify the story contained therein.  One such biography is that of Bland N. Ballard of Pulaski County, Missouri (1834-1893), which recounts his father’s origin and travels before settling in Missouri.  We’ve added paragraph breaks for ease of reading.

From History of Laclede, Camden, Dallas, Webster, Wright, Texas, Pulaski, Phelps and Dent Counties, Missouri (Chicago: Goodspeed Publishing Co., 1889).

Bland N. Ballard, farmer and stockman, of Cullen Township, Pulaski Co., Mo., is a native of Sangamon County, Ill., born in 1834.

His father, Bland N. Ballard, was a native of the “Palmetto State,” born in 1800, and when a young man went to Overton County, Tenn., where he met and married Miss Margaret Smelser, who was a native of that county, born in 1801.  In 1833 he moved to Sangamon County, Ill., and four years later came to Pulaski County, Mo., where he spent the remainder of his days, dying in 1861.  He was an influential citizen of Pulaski County for many years, and held the following offices: sheriff and collector, circuit and county clerk, a member of the State Legislature and probate county judge.

To him and wife, who died in 1873, six children were born, Bland N. being their third child.  He resided with his father until the latter’s death, and then his mother made her home with him.

His [Bland N. Ballard, Jr’s] marriage to Miss Sarah White was celebrated in October 1867.  She was born in Springfield, Mo., in 1841, and became the mother of five children: Maggie, Olive, Charles, Cora and Sallie.  Her death occurred in March, 1878, and in January, 1789, Mr. Ballard wedded Elizabeth Bradford, a daughter of Neely Bradford, by whom he became the father of four children: Lucy, Samuel, Neely and Winnie.  Mrs. Ballard was born in Phelps County, Mo., in 1842.

Mr. Ballard’s first investment in land was seventy-six acres, which he bought in 1866, but he has since increased his acreage until he now owns 102 in the home tract and 198 acres in another.  In 1888 he erected a handsome and commodious two-story frame residence, at a cost of $800.  In 1861 he enlisted in Company A, under Col. Stein, and served four years, being a participant in a number of engagements.  He was captured near Fort Smith, and taken to St. Louis, where he was kept a prisoner for about nine months, when he was paroled, and returned home.  He has always been a Democrat in politics, has been a member of the Methodist Episcopal Church, South, for about fifteen years, and is a Master Mason.

Our objective here is to identify the ancestors of the first Bland N. Ballard.  We know from the above that he was born in 1800 in South Carolina, briefly lived in Overton County, Tennessee in the 1820s, in 1833 moved to Sangamon County, Illinois, where his son Bland was born in 1834, then moved to Pulaski County, Missouri in 1837, and died there in 1861.  According to his tombstone in the Laughlin Cemetery in Waynesville, Pulaski County, he was born July 1800 and died 21 February 1861.  Margaret Smelser’s tombstone records that she was born 16 January 1800 and died  5 August 1870 (Findagrave.com).  He and Margaret had six children, but only Bland Jr. is named here.

We turn first to the 1850 US Federal Census, which was the first enumeration to give a person’s exact age (as best they knew) and place of origin.   The handwriting of the enumerator for District 72 in Pulaski County, Missouri is particularly difficult to read; Ancestry’s transcribers interpreted the name as “Bronie N. Ballow.”  The household shows: Bland N. Ballard, 51 (born NC); Margarit Ballard, 50 (born Tenn.); Bland N. Junr, 16 (born in Ill.); Morning Ballard, 14 (Mo.); Minerva Anne, 7 (Mo.); the household includes Eliza J. York, 7, and John M. York, 6 (both born in Missouri).  1850 US Federal Census, District 72, Pulaski, Missouri, Roll M432_411, Page 90A, Image 185.

The 1860 US Federal Census confirms what appeared in 1850, with the household headed by B.N. Ballard, 60 (born in SC); Margaret Ballard, 59 (born in TN); B.N.W. Ballard, 26 (born in Ill.); Minerva Ballard, 17 (born in Mo.); Jane York, 17 (born in Mo.); John M. York, 15 (born in Mo.); the household includes Sheldin G. Farriss, 26 (born in Ill.), who was probably a field hand.  1860 US Federal Census, Township 35, Range 11, Pulaski, Missouri, roll M653_641, Page 277, Image 275.

Working backward, we find Bland in 1840 in Pulaski County, with a household comprised of 1 male born between 1831 and 1835, two males born between 1821 and 1825, one male born between 1791 and 1800, one female born between 1831 and 1835, one female born between 1826 and 1830, two female born between 1821 and 1825, and one female born between 1791 and 1800.  Clearly the eldest two are the parents, with three sons, four daughters, Bland being the youngest son.  Assuming all of the younger people in the household are their children, it appears that there were five children older than he, even though the biography states that he had two older siblings.  Three may not have survived to adulthood.  1840 US Federal Census, Pulaski, Missouri, Roll 229, Page 199, Image 405.

The 1830 US Federal Census is a bit of a surprise, because here we find him in Putnam, Indiana, not Sangamon, Illinois.  That household includes one male born between 1791 and 1800, one female born after 1825, two females born between 1821 and 1825, and one female born between 1801 and 1810.  Bland must have lived in Indiana for a time before moving to Illinois.   1830 US Federal Census, Putnam, Indiana, Series M19, Roll 30, Page 182.

We have not been able to identify where he might have been living by the 1820 or 1810 Census (he would legally have been an infant those years).

Letters preserved in the files of Brent Holcomb archived at the Caroliniana Library at the University of South Carolina at Columbia, South Carolina offer bits of interesting information.  Mr. Holcomb worked on the origin question for a client, Mrs. Helen G. Crawford, who forwarded letters from descendants of Bland N. Ballard, which are transcribed below.  The letters include her parenthetical comments to place them in context.

August 18, 1981

1510 Spencer St

Rolla, MO

Dear Mrs. Croford

In regards to your letter I can’t give you much information you want as I was only about 8 years old when my father died then I’m 97 now.  I do remember one of thing, my father’s father came up   from Tenn to Illinois quite a few Ballards in Ill. my father came up to Missouri from Ill.

I’s sorrow I can’t help you more.

Neal B. Ballard

1510 Spencer St

Rolla, MO

[“This is the grandson of Bland N. Ballard, Sr.  He was a son of a second wife of B.N. Ballard jr.”]

A second letter has no date:

Ernest Dear —

The name of the place in Indiana where grandfather Ballard moved was Green Castle — Grandmother Ballard had to [“two”] sisters there Mornin and Charita married to frenchmen Catholics.

When I was widow at home with mother she told me many things about her folks.  Grandfather Ballard taught school before coming to Pulaski Co.  Pulaski then took in a lot more territory than now.

Love, Aunt Alice

A third letter has no date:

[“To Ernest Warren”]

Your grandmother Gibson [“nee Eliza J. Ballard”] was born in Roan County, Tenn. December 4th 1824 married Sep 8th, 1839.  Your great grandmother [“Margaret Smelzer, Schmelzer”] was cousin of General Lafayettes.  Her mother [“gr-grandmother Gibson’s”], her father German, at least he was born in Alsace.

Your grandfather Gibson born in St. Louis County Missouri March 11th 1819 passed away Feb 22nd 1883, two of his relatives were signers of Declaration Independence John Hancock a second cousin and I’ve forgotten the other one.

He was judge of the courts, when I was very small.  The only thing I remember is after a hard journey he let me light is merchaum pipes.  I can not remember exact date of mothers death, seems it was in March 1898.  You will have to visit cemetery to find if I am right.

Think your grandfather [“Gibson”] came to Pulaski Co. in 1826 to live with his brother George Washington Gibson.  Grandfather and grandmother Gibson died when father was seven years old.  You might find something about it in the Pulaski Co. record.  Your great uncle Washington was in the Legislature.

Ballards moved to Indiana [“Greencastle, Putnam Co.”] from [“Overton Co.”] Tennessee.  Mother told me many times about the low country and the fever the name will come to me.  The town [page apparently missing] . . . name Schmelzer — great grandmother’s maiden name.

Ernest — If there are any other questions you think I might answer — just ask me.  Am glad you are both well. We are all fairly well.  Joido (?) and Max are making us a visit, we are very happy about it.  They have sold their cabins.  Max does not to go to work until last of April so they may get to stay a few days.

The lady that cleans house for us would like me to move [illegible]

Lots of love, Aunt Alice

[“Alice was a daughter of Eliza Ballard Gibson & granddaughter of Bland N. Ballard, Sr.  Note: I think a page was missing from this letter.”]

The sketch above was published in 1889 while Bland N. Ballard, Jr was living; most likely it was he that told that compiler that his father hailed from “The Palmetto State.”  Nothing we have found, however, in the earlier primary or secondary sources provide what the initial “N.” stood for.

Bland Ballard in South Carolina

There was a Bland Ballard living in South Carolina in the 1780s and 1790s, who may have been Bland N. Ballard’s father.  That Bland removed to South Carolina from Albemarle County, Virginia before 1787.  On 15 December 1787, Bland Ballard of the Camden District, South Carolina gave a power of attorney to his brother Thomas Ballard and Francis Taliaferro to convey legal title to a tract of land, lying in Albemarle county, Virginia, sold to Patrick Michie “of which I had an equal part with the rest of my brothers.”  Camden District, South Carolina Deed Book 10, p. 463; also Power of Attorney dated 15 December 1787 recorded October 1791 in Albemarle Co. Va. Deed Book 10, p. 463.  The land that was the subject of this power of attorney was sold on 6 November 1783 by “William Ballard, in his own proper person & attorney-in-fact for John Ballard, David Ballard, Samuel Ballard & Sarah Ballard” to Patrick Michie, for £300, 400 acres on N. Fork of James River & Naked Creek, in Albemarle Co., bounded by land of Wm. Michie, Thos. Ballard, Jr & sd. Patrick Michie. Witnessed by John Michie, John Walker, John Allen. Recorded June 1784, Albemarle Co. Va. Deed Book 8, p. 135.  Given that William Ballard was joined by his wife Sarah, and John, David and Samuel did not include spouses in the conveyance, indicates that at the time they were not married.

Evidently Bland removed to South Carolina with his brothers David, John and Thomas.  We know that Bland’s brother David married Rebecca _________, while his brother John married Nancy Graham, and their brother Thomas married (1) Elizabeth Graham, and (2) Mary Parks.  A pair of deeds prove the Graham marriages:

23 April 1803.  John Ballard for $125 to Andrew Graham and James Trantham of Kershaw District, our undivided 1/7 of the estate of Frances Graham, dec’d, through my wife Nancy.  — John Ballard, Nancy Ballard.  Witness: Bailey Fleming, George Graham.  Recorded Kershaw Co. Deed Book D, p. 145.

6 January 1804.  Thomas Ballard of Hershaw District for $139 to Andrew Graham & James Trantham of Kershaw District, undivided 1/7 part of land of Francis Graham, dec’d, by my wife Elizabeth, now deceased — Thomas Ballard.  Witness: R.L. Champion, James Ballard.  Recorded Kershaw Co. Deed Book D, p. 241.

Francis Graham owned land adjoining the Ballards in Albemarle County, Virginia.

Camden was in Kershaw County, South Carolina, to the south of adjoining Lancaster County, where Bland Ballard was enumerated in the 1790 US Federal Census.  That enumeration recorded two males over 16 years of age (born before 1774, two males under 16 years of age (born between 1774 and 1789), and one female.  Age ranges for females were not recorded.  Assuming Bland was 21 when married and had a son age 16 in the household, then he was at least 37 years of age, and therefore born c. 1753-1760.  The other older male, however, could conceivably have been a brother, just not the head of household.

On 26 December 1791, Blan Ballard obtained a plat for 98 acres on the branch of Beaver Creek in the Camden District of South Carolina.  South Carolina Land Grants, S213190, Vol. 27, page 458.  According to notes by Brent Holcomb the grant was not issued and he owned no land in South Carolina.  He did, however, sell cattle on 1 April 1794, Blann Ballard of Kershaw County, Planter, for £15, to Duncan McRa and Zachariah Canty … sale of cattle… — Blann Ballard.  Witness: John Crane.  Recorded Kershaw Co. SC Deed Book A, p. 144.  

While there is no direct proof of a marriage, there does exist a record that indicates where the middle initial “N” might have come from.  Recorded in Kershaw County, South Carolina is the will of John Nixson, Sr, which names his daughter Elizabeth Ballard.

Will of John Nixson, Senr.

In the name of God Amen. I John Nixson Senr of the County of Kershaw and State of South Carolina being Very weake and in A low Condition – but of Sound mind and memory but Cauling to mind the mortality of my body and knowing that it is appointed for all men once to die I Do make Constitute and ordain this my last will and Testament in the manner and form as followeth

IMPRIMIS – First I give and bequeath to my Daughter Nancy Reynaulds – Travis Nixson, John Nixson, Elizebeth Ballard, William Nixson, Hanner Bendergrass and Henry Nixson – an Equal Part of my Worldly Estate both Real and Personnal to be Divided by and at the Discresion of my Executors hereafter.

Secondly and lastly – I Constitute and Appoint my Eldest Son Travis Nixson and Thomas Gardner Executors to this my last Will and testament – Disannuling and Revoking all other testaments wills Cordicils or wills by me Made Ratifying this to be my last will and testament. In Witness whereof I have hereunto Set my Hand and Seal this fifteenth day of march in the year of our Lord one thousand Seven hundred and ninty Seven – and in the twenty first year of the Independence of the United States of America

— John Nixson

Signed Sealed and acknowledged in the presence of us: Robert Brown, Jean Gardner, Milley Gardner

Recorded Kershaw Co. South Carolina Will Book C, p. 291, 7 November 1797, Apt. 53, Pkg. 1850.

The records of St. Helena’s Episcopal Church in Beaufort, South Carolina include the baptism of Elizabeth Nixon, daughter of John and Ann Nixon.  She was born 29 August 1764, baptized 28 October 1771.  Their daughter Ann was born 22 July 1770, and also baptized 28 October 1771.  South Carolina Historical and Genealogical Magazine, Vol. XXIII, No. 3, July 1922 (p. 142).

By process of elimination, given that Bland’s brothers wives and children are accounted for, and knowing from census records that he was married and had children, this leaves Bland Ballard as the most likely husband of Elizabeth Nixon.

However, we would be more comfortable with this conclusion if we could more reliably document the descendants of two other brothers of Bland, William and Samuel.  William is said to have married a “Miss Jarman” and resided below Mechum’s Depot in Albemarle (according to secondary sources), and a Samuel Ballard appears in the 1790 Census for Rutherford County, North Carolina.  A son of Bland Ballard (c. 1735-1809), son of Thomas is also said to have married Sarah Jarman; the two may be conflated in earlier research and work is needed to sort them out.  We’ve checked Albemarle County deeds from 1758 to 1797, and wills 1748 to 1798 and found no mention of Samuel Ballard following his father’s will of 1779 (recorded in 1780) except the sale of land in which he joined with his brothers (by Power of Attorney, which suggests he was outside the county) on 6 November 1784.  He probably died young.

In 1800, a Samuel Ballard appears in the Morgan District of Buncombe County, North Carolina.  Note that in 1791 a portion of the west side of Rutherford and Burke Counties were cut off to create Buncombe County.  Note that a Samuel Ballard, a cousin of Bland Ballard (the son of John and grandson of Bland’s uncle Thomas) was living in Buncombe County in 1793, as proven by the following quitclaim deed dated 20 December 1793 in Buncombe Co. NC Deed Book 3, p. 198):

Know all men by these presance that I Samuel Ballard of the county of Buncombe and the state of North Carolina do hereby bargain, sell, convey and transfer unto Robert Patton of the said county and state for and in consideration of the sum of two hundred and fifty Spanish Mill dollars to me in hand paid by the said Robert Patton the receipt where of is here by acknowledged for all my right title and claim to all that legacy or heirship left or bequested to me by my father John Ballard by his last will and testimony which legacy is to become due to me at the death of my mother Morning Ballard. I do hereby vest said Robert Patton and his heirs with full power and lawful authority … given under my hand this 20th day December 1793.  Test : Aaron Patton, George Newton

The Buncombe County, North Carolina, Index to Deeds, 1783-1850 (Southern Historical Press, 1983) provides a little additional information: a Samuel Ballard purchased 100 acres on Forgey’s Creek from James McMahon by deed dated September 1799 (Book 3, p. 317), and a Samuel Ballard conveyed 100 acres on Swannanoa River by deed dated 16 July 1802 to William Edmondson (Book C, p. 275).   It isn’t clear if this is the same parcel; the name “Forgey’s Creek” does not appear on contemporary USGS maps.  An examination of the original or a transcript that names the owners of neighboring parcels would answer the question.

Census records show that the Samuel Ballard in Rutherford County in 1790 had a household consisting of three persons: one male over age 16 (born before 1774), and two females (ages were not given in that census).  The Samuel Ballard in Buncombe County in 1800 consisted of eight people: the head of household was between the ages of 26 and 44, a female in the same age range, two sons under age 10, three daughters under age 10, and one daughter between 10 and 15.  This appears to be the same family.  There are no other records of Samuel Ballard in Buncombe deed books after 1802, which begs the question of where he removed to following the sale of the 100 acres.

In light of this, we’re fairly confident that the Samuel appearing in Rutherford in 1790 and Buncombe in 1800 is not Bland’s brother.  We have not yet established what became of Bland’s brother Samuel, assuming he was still living in 1800.  We can speak with more certainty when we’re able to study additional records of Rutherford and Buncombe Counties, North Carolina and the post-1800 records of Albemarle County, Virginia.

The 1800 US Federal Census records a Bland Balliard in the Morgan District of Rutherford County, North Carolina.  This household consisted of three males born between under 10, one male between 26 and 44, two females under 10, one female born between 10 and 15, and one female between 26 and 44.  This is most likely our Bland and his family.  1800 US Federal Census, Morgan District, Rutherford, North Carolina, Series M32, Roll 33, Page 97, Image 409.

Who were the other minor males in the household in 1800?  One of these is probably Bland N. Ballard, born c. 1800.  Another may be the Nixon Ballard who we know from a single record — a marriage license for Nixon Ballard and Mary Rembert, dated 20 August 1819 that appears in the records of Lawrence County, Mississippi.  A third possibility is the Charles Ballard who appears in the same county (marriage record of Charles Ballard and Jane Brady, dated 13 March 1821), if we assume Nixon and Charles are related and traveled to Mississippi together.  We’ve done no research of substance in Mississippi, so for the moment this is pure speculation.

We note (again) that nowhere in any primary sources that Bland N. Ballard’s middle name was “Nixon.”  Past researchers must have reached this conclusion because of the existence of the will of John Nixson that names his daughter Elizabeth Ballard.  Given the penumbra of evidence, this is a very likely the correct conclusion.  There are no other records that we’ve discovered showing the whereabouts of this first Bland Ballard after 1800, who presumably died after that date, leaving at least three sons and three daughters.  We have yet to search records of Rutherford County, North Carolina; when we do, we hope to tell a more comprehensive story about this branch of the family.

 

James Ballard, Jr of New York, New York (1815-1882).

James Ballard, Jr of Albemarle, the son of James Ballard, Sr and the grandson of Thomas Horace Ballard of Albemarle County, Virginia, was born in 1815.  We are still researching the details of the life of James Ballard, Sr, but present here what we know of his son, James.  At least one researcher claims James Sr removed to Kershaw, South Carolina, but in a list of children attributed to him failed to account for the existence of James, Jr.

The National Register nomination for the Ballard-Maupin House, also known as Plainview Farm in Albemarle County, Virginia, recounts this history of the property.  Our comments appear in brackets.

The Ballard-Maupin House (Plainview Farm) is significant under Criterion C on the local level as an example of a well-preserved, early vernacular domestic building in Albemarle County. Architectural evidence and archival research suggests that a portion of the house may date from the 1750-1790 period. This portion was probably built by Thomas Ballard, one of the earliest settlers in the Free Union area. Less than a dozen houses are known to date from this period in Albemarle County. The majority of the house dates from the 1800-1820 period and was probably built by one of Ballard’s sons. The level of craftsmanship evident in the extensive hand-carved woodwork and mantels is unusual for a vernacular house of this period. The house received several small additions in the 19~ century. The present owners have built a sympathetic addition on the north. The outbuildings are remnants of the working farm that was at his site well into the 1940s.

Historical Background

Although the earliest history of this property is unclear, it may have been part of a 400-acre parcel sold by William Ballard to Thomas Ballard in 1750 (Louisa County Deed Book A, page 403). The oldest part of the present house was probably built by Thomas Ballard sometime after this date. Only a few other houses from this period survive in Albemarle County, and, like the Ballard-Maupin House, they are simple, vernacular houses that have received several additions since their original date of construction. Thomas Ballard gave his house, spring, and all lands south of Rocky Creek to his son James Ballard, Sr., with the remaining land going to his other son John (Albemarle County Deed Book 13, page 475). [Note: Deed Book 13 spans the years 1798 to 1802.  This gift was confirmed in the 1804 will of Thomas Horace Ballard.]

Architectural evidence indicates an extensive remodeling and expansion of the house after 1800. This coincides with the transfer of the house and property with the death of James Ballard, Sr. in 1804 (Albemarle County Will Book 4, page 162). [Thomas Horace Ballard, James Sr’s father, died in 1804; James Ballard and his wife Ann were still living in 1850 at the time of the Census, age 83 and 76, respectively.  The author must have intended to name Thomas Horace Ballard, not James.]   The house was inherited by his son James Ballard, Jr. The architect-builder of this newly expanded residence for James Ballard, Jr. is unknown, but its uniformly high-quality woodwork is unusual for an otherwise vernacular dwelling in a relatively remote area of Albemarle County.

By 1854, James Ballard and his wife Sarah Ann had moved to New York City and had sold their 130-acre farm to Gabriel Maupin for $1,950. [Note: Presumably the deed recites James’ place of residence, i.e., “James Ballard of New York …”; this bears confirmation.  James Ballard, Sr died in 1853; his will was presented at Albemarle County Court on 7 February 1853, hence the sale of the property once his interest vested.]  At Gabriel Maupin’s death in 1866, his holdings were divided among his children. Lucy Maupin (who had married her cousin James R. Maupin) inherited the 130 acres, the house, outbuildings, and the spring. In 1877, James R. Maupin sold the farm to another cousin, John D. Maupin.

James Ballard, Jr, the son of James Ballard Sr, was living in New York as early as 1842, when a petition for bankruptcy was filed in the District Court on Saturday, 26 March 1842: “James Ballard, Jr., of the city of New York, Clerk (and one of the late firm of James Ballard & Co., of Natchez, Mississippi.”  The Evening Post (New York), 28 March 1842, p. 2.  On 25 May 1843 another notice appeared: “In the matter of James Ballard, Jr.  His residuary interest in an assignment to Rice C. Ballard.  His interest in the business of James Ballard & Co.”  The Evening Post (New York), 25 May 1843, p. 3.  Rice C. Ballard, also known as Rice Carter Ballard, is by the archivists at the University of North Carolina as James Ballard, Jr’s brother.  We are still researching the exact nature of their relationship, but this connection may reveal erroneous conclusions in prior research.  For information on Rice Carter Ballard, see Benjamin Ballard, Jr of Spotsylvania County, Virginia (1768-1864)).

The 1850 Federal Census finds him in Ward 17 of New York City.  James Ballard, 36, born in Virginia, is head of household; Occupation: Clerk.  His wife Sarah, age 29, is shown as born in New York, as are their two children, Mary M., age 3, and Georgeanna, age 1.  There are two servants from Ireland: Sarah Kirkpatrick, age 25, and Bridget Kelly, age 35.  1850 US Federal Census, New York Ward 17, New York, New York; Roll: M432_555; Page: 178A; Image: 359.

In 1860, the family is residing in Ward 18, District 4 in New York City, James is age 45, Sarah, 38, and there are two sons, James, age 7 and Wm. R., age 3.  Georgianna is age 10.  James is identified as a clothing merchant with real estate holdings worth $25,000 and personal property worth $5,000.  This time Sarah is shown as having been born in Virginia.  There are additional people living with them in the household: Hanna Lawson, age 28; Charles Lawson, age 8, and Catherine Fagin, age 6.  There are five domestics, all born in Ireland: Catherine O’Brien, 20; Mary O’Brien, 21; Bridget Boyle, 24; Ann Kearney, 26; Mary Kearney, 21.  1860 US Federal Census, New York Ward 18 District 4, New York, New York; Roll: M653_813; Page: 487; Image: 32.

By 1870, James is 55, Sarah is listed as 50, Georgianna, 21; James, 17; and William, 13.  This time, Sarah is shown as born in New York.  Members of the Lawson family still reside with them: Kate Lawson, 50; Agnes Lawson, 40; and Daniel Lawson, 40.  There are two domestics, both from Ireland: Bridget Crosby, age 20 and Margaret Hogan, age 40. 1870 US Federal Census, New York Ward 17 District 4 (2nd Enum), New York, New York; Roll: M593_1036; Page: 119A.

By 1880, James’ wife Sarah had died. The census of that year lists James, age 67 (“clothing store”), Georgianna, age 31 (“keeping house”), James B., age 26 (“clerk in P. Office”) and William, age 22 (“stenographer”).  1880 US Federal Census,New York City, New York, New York; Roll: 884; Family History Film: 1254884; Page:353B; Enumeration District: 361; Image: 0424.

James Ballard left a will dated 6 March 1875, recorded 13 May 1882, New York, New York Will Book 296, pp. 484-86.  He did not name his wife; she must have died between 1870 and 1875.

I, James Ballard of the City, County and State of New York do make publish and declare this to be my last will and testament, that is to say:

First, I direct that all my just debts and funeral expenses shall be paid as soon as practicable after my decease.

Second, I give devise and bequeath all my estate and property real, personal and mixed which I may possess or in which I may be in any manner entrusted at the time of my death to my three children Georgiana Blair Ballard, James Peyton Ballard and William Rhodes Ballard, their heirs and assigns forever, the same to be equally divided among and between my said children.

Third, I do hereby nominate and appoint my friends John B. Lawson and Catherine Lawson both of the said City and County and State of New York the Executor and Executrix of this my last will and testament, and the Guardians of the person and estate of my infant son William Rhodes Ballard.

Fourth, all powers and authority of every kind herein given to said Executor and Executrix and Guardians I do hereby give to the survivor of them and to their substitute and substitutes, successors and successor in the administration of my estate and the estate of my infant son, by whatever name or designation such substitutes or successors may be known.

In witness whereof I have hereunto set my hand and seal the sixth day of March in the year of our Lord one thousand eight hundred and seventy-five.

James Ballard (Seal)

Witnesses: Geo. W. Hidge, 371 Cumberland St, Brooklyn, NY; James De W. Wilde, Dobbs Ferry, New York; Sidney B. Wills, 13 West 129th St, New York.

Ordered recorded 13 May 1882.

James Ballard and Sarah ___________ had issue:

Mary, born c. 1847, presumably died young without issue before 1860.

Georgianna Blair, born c. 1849.

James Peyton, born c. 1853.

William Rhodes, born c. 1857.

John Jones Ballard of Greene County, Indiana (1841-1909).

This biography of John Jones Ballard appears in Biographical Memoirs of Greene County, Ind., with Reminiscences of Pioneer Days, Vol. II (Indianapolis: Bowen & Co., 1908) pp. 528-33.  He and his descendants belong in Lineage Group I.  We learned his date of death from his tombstone in Worthington Cemetery, Worthington, Indiana.

JOHN JONES BALLARD.

Not to know the subject of this sketch is to argue oneself unknown in Greene county, for he is one of the honored and representative citizens of this section of the state, having made his home here all his life, over the psalmist’s allotted three-score years, having been prominently identified with the material and civic advancement and upbuilding of the county and city of Worthington, and he has ever stood for loyal and public-spirited citizenship, impressing his personality on the community where his activities have been confined because of the high standard of his living.

John J. Ballard was born in Greene county, Indiana, December 2, 1841, the son of Benjamin C. [Ballard] and Catherine ( Stalcup) Jones. Catherine Stalcup was first married to John Jones, of Greene county, and his death occurred within a few years, and to this union were born two children, Margaret J., widow of C. C. Howe, of Worthington, and a daughter who died young. The former’s first marriage was to Ellen Fry, of Kentucky. Colonel James Ballard, grandfather of the subject, was one of the most prominent residents of Shelby county, Kentucky, for over fifty years, having served in the legislature of that state. He raised the following children : Thomas, Harrison, Benjamin, father of the subject; Andrew J., Bland and Pauline. Thomas remained single. Harrison has six children. Benjamin C., father of the subject, was born January i, 1806, in Shelby county, Kentucky. He followed farming there until 1837, when he came to Indiana, buying land in Highland township, Greene county, rearing the following children : James F. was the eldest ; Thomas E. was a soldier in the Union army and was killed in the battle of Baton Rouge, Louisiana; Benjamin H. ; Susan, the widow of William Stalcup, now of Worthington ; Catherine, the wife of Lot Owen, both dead ; John J., our subject, was the first child of Benjamin C. Ballard’s second wife. His other child was Ellen, the wife of David H. Wiley. The father of the subject passed away October 4, 1844, Andrew J. Ballard, a brother of the subject’s father, married Fannie Thruston and they had three sons and one daughter, namely: Charles T., a graduate of Yale; Samuel T. ; R. C. Ballard Thurston, and Abby. who was a student at Vassar, now deceased. Charles T. and Samuel T. are members of the firm of Ballard & Ballard Mills at Louisville, Kentucky. Bland Ballard was appointed judge of the federal court by President Lincoln and served until his death. He was the father of the following children : Austin, Bland, Jr., Mary; Fannie and Susan.

The early life of John J. Ballard was spent on his father’s farm and in attending the common schools, where he made proper use of his time, later attending the graded schools at Point Commerce. His thirst for knowledge not being satisfied, he entered Franklin College in 1873, from which he graduated with honor in 1878, since which time he has been engaged in farming and stock raising, at which he has been eminently successful. He is in possession of the valuable tract of land owned by his father, which has remained in the Ballard family for seventy years. It consists, including what the mother added after the death of her husband, of five hundred and forty acres, three hundred and fifty of which are under the plow, a large portion of the farming land being situated along the White River. The present owner has devoted much attention to this farm and spared no pains in keeping the soil in a high state of productiveness, using some commercial fertilizers, but depending largely on clover, rye and timothy, which he turns under to enrich the soil.  Most all the grain raised on the place is fed by him to cattle and hogs. His judgment in the selection of good stock of all kinds is not excelled in Greene county. He keeps the Aberdeen Angus cattle. Poland China hogs and other good breeds. He buys some stock cattle and prepares both cattle and hogs for market and his shipment of cattle in 1906 topped the market at Indianapolis. Mr. Ballard also owns one hundred and sixty acres of as fine land as can be found in Greene county, adjoining the corporate limits of Worthington, where he has resided for the past seven years, and on which he has erected one of the finest residences in the state of Indiana, a portrait of which will be found in connection herewith. It is thoroughly modern both in style and workmanship, be ing finished in fine hardwoods, wild cherry, maple and black walnut, all sawed from trees which grew on his farm, the finishing being equal to that seen in the best residences of the large cities, being the best that can be made from these fine varieties of trees. The entire house is heated by a high-grade system of hot water. A well arranged cemented basement extends under the entire house, consisting of an ample coal room, a laundry, large drying room, an immense fruit room and a furnace room, containing a modern heating plant of the best quality. Water privileges are to be found here equal to the best in the city, every convenience being up-to-date. Ventilation has been carried to perfection in every part of the house. The spacious parlors, dining room, living room and guest chambers are models of perfection. The roof is of the best grade of slate, and, standing as it does on an eminence above the city, this magnificent residence is indeed imposing, and from it one may gain as beautiful a panorama as can be found in the state, commanding as it does a scene of miles and miles of rich and highly improved agricultural estates and the well laid-out city of Worthington. A fine grove of natural growth is to be seen some distance away on an elevated knoll on Mr. Ballard’s farm, around which is the richest of prairie land, the greater part of which is covered with a luxurious growth of timothy and clover. There is also a smaller but not less beautiful grove just north of his residence which adds greatly both to the comfort and beauty of the place. It would be hard for one to find a pleasanter place in which to spend the declining years of one’s active and useful life than that of our subject, and to know that it was obtained not through the largess of another, but by the industry of the owner, would add much to the comforts of such envied surroundings.

Mr. Ballard was happily married in 1898 to Florence Owen, the accomplished daughter of H. B. and Eliza beth (Reid) Owen, both natives of Kentucky, who later moved to Morgan county, Indiana, where they spent their lives on a farm. Mr. Owen’s people came from North Carolina to Greene county. There were two brothers in the Civil war from the Reid family. Two exceptionally bright and interesting children have added sunshine and cheer to the Ballard home. They are Florence Elizabeth, born April 16, 1900, and Wayne Owen, born January 22, 1904, Both the subject and wife are members of the Christian church. The former was greatly interested as an official of general Sunday school work for a period of ten years. Politically Mr. Ballard is a Republican, but he has never sought public office. However, he is al ways willing to lend a helping hand to further any cause looking to the advancement of his county or the uplifting of his community. He was appointed by the commissioners as an appraiser of real estate for one district, and was at one time on the advisory board of Highland and Jefferson townships.

Mr. and Mrs. Ballard are not only highly esteemed by all who know them for their upright and well ordered lives, but they have also won the hearts of all their neighbors and friends through their kindness of heart and hospitality, taking pride in making visitors feel at home, and dispensing good will and good cheer to every one with whom they come in contact.

Last Will & Testament of Elias Ballard of Wayne County, North Carolina (1788).

Of late we’ve been trying to understand the relationships among the Ballard families that settled in and around what was once Nansemond County, Virginia.  In the late seventeenth century when the area was settled, the boundary line between Virginia and North Carolina was indistinct, and the dividing line was not established until 1728.  As a consequence, after 1728 many owners of land patented in Virginia found themselves in North Carolina.  This confusion extends to the families that lived there, making tracing them difficult.

One of these Virginia counties, Nansemond (now the city of Suffolk) suffered catastrophic record losses at the county level.  We can fill a few gaps with the patent books and the few parish registers that survived.  The processioning records from the Parish Vestry Books are particularly interesting, because they place a person in relation to his neighbors in a specific geographic location.  We are still studying the relationships revealed in these few scant resources.  Meanwhile, as part of this study, we continue to gather and study North Carolina records.

The families placed in Lineage Group II of the Ballard DNA Project settled in these parts, and as part of our study of the region we are re-assessing accepted pedigrees that don’t quite mesh with the records we have found.  For example, several pedigrees published on the Internet claim that the Abraham Ballard who lived in Perquimans County, North Carolina was the son of a Ralph Ballard, yet tax records from Perquimans County enumerate a “Mr. Elish. Ballard” in 1740, and in 1745 Abraham Ballard appears in his stead.  This is noteworthy because the names of the surrounding landowners appear in nearly the same order, showing that the enumerator traveled the same road to visit each plantation to make his count.  To our eye, this is good evidence that Abraham was the son of Elisha Ballard.   This brings into question other pedigrees that assert that Elisha Lawrence Ballard of Isle of Wight County, Virginia was the son of Elisha Ballard of Perquimans, but the 1757 will of Elisha Lawrence Ballard’s maternal grandfather, John Lawrence names his son-in-law Elisha Ballard as his executor — twelve years after the likely death of Elisha Ballard of Perquimans County, North Carolina.

This leads us to the conclusion that there was another Elisha Ballard living in Isle of Wight, or thereabouts, who has been overlooked.  Coincidentally, we were recently contacted by a descendant of Elisha Lawrence Ballard who has not found evidence of a connection between his family and the Ballards in North Carolina in the late seventeenth and early eighteenth centuries.  His sources for Isle of Wight County are impeccable, mainly because the primary researcher behind the work is a direct descendant who resides on the family farm that has been in that family for over 200 years.  And there is yDNA evidence helping us find a common thread — we just haven’t found it yet.

Another interesting record is the 1788 Last Will and Testament of Elias Ballard of Wayne County, North Carolina that was recorded in 1788 (and transcribed below).  Another Elias Ballard left a will in Martin County, North Carolina in 1789.  To date, no researcher has explained whether or not the Elias who lived in Wayne County had any connection to the other Ballard families in the region.

The fact is, we don’t know (yet) if there is a connection between this Elias Ballard and the families that came from Nansemond, other than the possible coincidence of the name Elias, which seemed popular in that corner of Virginia and North Carolina.  Other names, some of Hebrew or Biblical origin appear with alarming frequency among many families in the region, such as Elisha, Kedar, and Jethro.  It is worth noting that the John Ballard who was connected to the Boite/Boyett family that resided in this part of North Carolina, and may be a relation.

There is still much to do here, and any insights are welcome.


Last Will & Testament of Elias Ballard of Wayne County, North Carolina

State of North Carolina,

In the name of God, amen, I Elias Ballard of the same state and County of Wayne, now in the County of Craven and Town of Newbern, being in a very low state of health at present, but of sound and disposing mind and memory, thanks be given to God for the same and calling to mind the mortality of my body and knowing that it is appointed once for all men to die, to make and ordain this instrument of writing to be my last will and testament.

Disannulling and disallowing all other former wills by me made or supend (?) to be made.

First of all I commend my body to the ground to be decently buried at the discretion of my executors hereafter named, and or touching my worldly estate herewith it hath pleased God to bless me with in this life. I give and dispose of the same in following form and manner, to wit,

I give unto my beloved wife Elizabeth Ballard during her life the plantation with the improvements thereon whereon I live, when at home, upon the south side of the swamp including the orchard and up the swamp, as far as the old field goes. I also give unto my beloved wife Elizabeth Ballard one man called Dimond, and an equal part of all the remainder of my personal estate (after paying all my just debts and funeral expenses), with my seven children Joab, Caleb, Elias, Joannah, Ester and Rachel and Levy.

Item, I give and bequeath unto my beloved sons Joab Ballard and Caleb Ballard all the land which I own on the south side of Burke Swamp that lies below the branch between my house and Thomas Scott, Joab to have the lower part of the same kind. And Caleb the upper part to them and their heirs forever and assigns.

Item, I give and bequeath unto my son Elias Ballard the lands on both sides of the said buck swamp above the land given to Joab & Caleb, to cross the said swamp at the mouth of the said branch between myself and Scott, so as not to take any part of the new survey, to him and his heirs and assigns forever.

Item, I give and bequeath unto my beloved son Levy Ballard at the death of his mother, all the land, plantation and improvements which I have not given away of the old survey, and which I have given to my beloved wife Elizabeth Ballard during her life, to him his heirs & assigns forever.

Item, I give and bequeath unto my beloved daughters Joannah, Rachel and Ester Ballard all my land contained in the new survey on the east side of the maple pocosin to be equally divided between them, to them, their heirs & assigns forever.

Item, and lastly my desire is that all my just debts with my funeral expenses be paid out of my personal estate and the residue (if any) to be equally divided between my beloved wife Elizabeth Ballard and my seven children Joab, Caleb, Elias, Levy, Jonannah, Rachel and Ester Ballard, to them, their heirs and assigns forever.

And lastly I appoint my beloved friend James Dod [Dodd?] my whole and soul executor to this my last will and testament, revoking, disannulling and disallowing all and all other instruments of writing and pronouncing writing and declaring this and this alone to be and contain my last will and testament, signed this twenty seventh day of May anno domini 1788.

Elias Ballard [seal]

Signed, pronounced and declared to be and confirmed my last will and testament in presence of Jas. Soblast (?), A. Pinder, J. B. Heritage [all witness names difficult to read]

On obverse: Elias Ballard, Dec’d. April Co. [Court?] 1788.

Recorded Wayne Co. N.C. Will Book A, p. 133

Guest Post: A Possible Descendancy of Thomas Ballard (1) of James City County, Virginia.

By Carolyn Cosgriff

Email: car-cos@rocketmail.com

The notes below by Carolyn Cosgriff make a compelling case identifying the origin of Thomas Ballard of James City County, Virginia (1630-1690).  This information has not been independently verified, but the reader is invited to submit comments, suggestions and corrections.

A Possible Descendancy of Thomas (1) Ballard of James City Co, VA

Based on extracted marriage & Christening records found in FamilySearch.Org & other sources quoted where relevant.

(Note: Research on this line has been ongoing for some 50 years and very little of it has turned out to be straightforward. Expect some convoluted reasoning & lots of suppositions, which hopefully are yet interwoven & supported well by the facts that follow.)

Thomas Marriott md Anna Halfhide 31 Jan 1621 at St. Nicholas Acons, London, England. (She maybe same as Ann Halfhide chr 13 Apr 1600 as daughter of John in Addington, Surrey, England.) The christenings of their dozen children are recorded, including their 3 youngest surviving daughters:

Sarah chr 6 sep 1635 St Bride Fleet St. London, London dtr of Thos & Ann
Jane chr Feb 1637 St Mathew Friday St., London, London dtr of Thos
Mary chr 2 July 1645 St Mathew Friday St., London, London dtr of Thos

It may be noted here that these are the same names as Thomas Ballard’s “sisters” & these birthdates also correspond perfectly with what we know about them. They were actually step-sisters of Thomas, if this rendition correct, for their mother, as Ann Merritt, re-md on 21 Feb 1649 at St Mary’s, Essex to Thomas Ballard (whose 1st wife was evidently, Elizabeth Shiphard whom he md 29 Jun 1624 in St Dunstan, Stepney, London, & who was the mother of 2 sons born in that same parish: THOMAS chr Jan 1626/7 son of Thomas & Elizabeth (hypothesized immigrant to VA) & Richard, chr 8 Mar 1628, son of Thomas & Elizabeth, with his death also recorded on 4 Dec 1631.)

Possibly the father Thomas Ballard was the same as Thomas Ballard chr 24 Sep 1593 at Cherry Hinton, Cambridge, son of Henry & Johana. We find the marriage of Henry Ballard to one Joane Webb recorded 15 Oct 1586 in Bromham, Wiltshire where their 1st children (twins) Edward & Ann are chr 3 May 1587 as son & dtr of Henry. Edward is married in this same parish to Ann Pountney on 23 Nov 1612 & the christenings of 3 children of theirs are also recorded there in 1616, 1624 & 1626. However, on 19 July 1621 we find recorded the christening of one Angela Ballard, dtr of Edward, in Weston Subedge, Gloucester. Recalling that Gloucester borders on Wiltshire, and comparing this to the christening dates of his other children, I think we are safe in assuming that this is also the dtr of this same Edward.

I am also assuming that Angela Ballard is the same as “Angelica” who married 1st to John Fisher who was listed as a 1651 headright of Wm Armistead (from Cavaliers & Pioneers, [hereafter C&P] vol 1, p. 45) & who died in Jamestown, VA before the 1655 suit of John Dibdall. She then md to Col James Bray, member of the Council) who lists her 2x as his headright in 1658 (also in C&P). Several records support her 2 marriages, as, e.g. In VA Pats. 9, p. 133 in Library of VA Digital Collection: Land Office Pats & Grants, under date of 26 Apr 1698: “Whereas a certain tract in James City, 190 acres late in possession of John Fisher, decd, is lately found to escheat…..for which said land Mrs Angelica Bray of sd County hath made her Composition….Know ye therefore that the sd Edmund Andros, Knt, Gov., etc. doth Give & grant Mrs Angelica Bray ye sd 190 acres..afsd.

What is of interest here is that our Thomas 1 Ballard of VA lists 2 Fisher headrights (Robert & Grace) as early as 1653 & then, as recorded on 24 Apr 1660 in James City Co, Thomas Ballard acts as attorney for “James Bray who md John Fisher’s relict”–in that same record this statement also found “acknowledge land boundaries between Ralph Simpkin & John Fisher, certified by Ab. Moone in 1650.” Thomas Ballard intersecting with the latter husband of Angelica, as well as with the surname of her 1st husband’s family, both at the correct times, no less, for her respective marriages to these men, I submit as fairly good circumstantial evidence of Edward Ballard, father of Angela Ballard, being connected to our Thomas Ballard as his uncle & I also postulate that the Henry Ballard who came to VA by 1635 was another uncle, the namesake son of Henry Ballard who md 1586 to Joane Webb.

Another reason why I think that our immigrant Thomas was he who was chr 1627 to Thomas & Elizabeth (Shepherd) Ballard is because of the prestigious Shepherd connections to VA, some of which connect into this Ballard line & will now be noted.

Thomas Shepherd, bd 17 Dec 1607 in Maulden, Bedfordshire, married there 7 Oct 1577 to Amphilice Chamberlayne, dtr of Wm & his wife, Jane Neville, & widow of Richard Faldo. By her 1st husband she had 4 children that included Elizabeth Faldo who md Dec 1595 to Nicholas Everett. Elizabeth Everett who was chr Sept 1608 in Warrington, Lancashire is identified in that record as the dtr of Nicholas. I think she is the same who md on 31 Jan 1629/30 to John Hiller at St Margaret, Westminster, London. It was their eldest son John Hollier aka Hilliard chr 23 Jan 1630/1 at St Martin in the Fields, Westminster, London who is believed to be the 1651 headright of Henry Singleton (from Greers, Early VA Immigrants) & likely husband of Thomas’ [step-]sister, Jane (Marriott). Two younger Hollier brothers evidently followed John Hollier to VA also, including Simon Hollier chr 26 Oct 1644 at St Martin in the Fields, Westminster, London whose will was proved Oct 1690 in Elizabeth City Co, VA (a direct ancestor of mine, btw) & Edward chr 3 Sep 1646 also at at St Martin in the Fields, Westminster, London, who is listed as a 1670 headright of George Chapman & as purchasing 200 acres in Lynhaven parish, Princess Anne Co, in Feb 1670 (C&P 2: 97)

Returning to Amphilice Chamberlayne, she md 2nd, as Amphyllus Faldo, at Maulden, Bedfordshire on 7 Oct 1577 to Thomas Shepherd & they were the parents of 3 children all born in that same parish: Constance, Richard & Thomas. Richard, chr 6Mar 1680 is who I believe md 1599 in Finchley, London to Alice Allen, mother of the Elizabeth Shepherd chr May 1600 as dtr of Richard & who md 29 Jun 1624 to our immigrant’s father, Thomas Ballard & had the 2 sons, our Thomas (the immigrant) & then Richard who died young.

The younger brother of Richard, also a Thomas Shepherd, was chr 18 Nov 1582 & he fathered yet a 3rd Thomas in this same parish, christened 13 Aug 1609, and this is the man I hypothesize as the Thomas Shepherd found on the York Co. VA records as early as 1645/6 when he & Richard Flint are witnesses of Edward Cole who sells land to Michael & Henry Smith. (Edward Coles also appears in 1653 Northumberland records: “John Hopper being at house of Edward Coles, heard Wm Thomas say….[a debt to be paid at Martin Coles also mentioned here.]. (From VA Colonial Abstracts by Fleet.) There were a lot of men named Wm Thomas already in VA this early, so we don’t know for sure he is the one who md Thomas Ballard’s step-mom, Anna (Halfhide) Marriott Ballard, but the possibility is provocative at least., & even seems likely since Thomas Shepherd seems to have left York Co. for Northumberland Co about the same time Edward Cole did, being listed as a juryman there in this same abovementioned 1653 case between John Hopper & Wm Thomas.

This Edward Cole, btw, I believe was the same as the son of an Alice Webb (md 1602 in Gloucestershire to Wm Cole) & the husband of another Johane Webb (they md Oct 1637 in Kidlington, Oxfordshire–she also christened 1615 in Bromham, Wiltshire (see above where Henry Ballard’s wife with this same name also christened there some generations previous) to a Wm Webb & Edith Cole.

But back to Thomas Shepherd who is found in 1640s York Co, VA records. In a land record for him dated 5 Jul 1653, he patents 66A, “due by virtue of the rights of part of a patent for 850 acres granted Cpt. Yeo which being resurveyed was found to be wanting 107 acres of the quantity patented in 1653/4.” Cpt. Leonard Yeo w/Clare Yeo, his assumed wife, are listed as headrights of John Shepherd as early as 1639 (C&P vol 1). Btw, John Shepherd is listed as a York Co. landowner in 1645 adjacent to Henry Ballard–who we have hypothesised to be the uncle of Thomas the immigrant (C&P 1: 156) & this would seem to lend at least some small circumstantial evidence to support that claim. Thinking that Clare may have been a sister of this John Shepherd, as well as of Thomas Shepherd chr 1609, (making Leonard & Clara Yeo the aunt & uncle to the Thos Shepherd to whom they give some of this land patent) I went looking & found a marriage of Thomas Shepherd to a Clare Tokesfield in May 1618, St Mary Lee Bow, London, England. She appears to be his 3rd wife, & the likely mother of a namesake child of the right age to have married Cpt. Leonard Yeo. His 2nd wife, Elizabeth Deighton he had married on 23 Apr 1612 in St Gregory by St Paul, London, London, followed by the christening of 3 children by her: Constance in Sep 1612, John in May 1614 (this is the one who i think brought over his younger 1/2 sister & her husband to VA by 1639) & Elizabeth in Mar 1617/8. These same Shepherd children are mentioned by name among the probate records of one Thomas Roper whose administration was made in May 1624/5 in James City Co, VA as found in Virginia Gleanings in England: Abstracts of 17th & 18th Century English Wills & Administrations re: Virginia….by Lothrop Withington. Quoting from that will & it’s associated records:

He 1st sets free his servants, John West & Alexander Gill…”all tobacco due me in VA to my brother John Roper in England” plus “300 lbs in hands of my father in law Mr Thomas Sheaperd of Moine in Bedfordshire.” britches to Wm Smith; Item, gold in money to Mr. Haute Wyatt, minister of James City. Wits, Wm Smith, Haute Wyatt, Geo Fitzjeffries. May 1624 administration granted to Thomas shepherd, father of John, Elizabeth & Constance Shepherd, bro & sisters ex materno of sd decd during minor estate. 5 Feb. 1626/7 admn granted John Roper, principal legatee.”

Thus it would appear that the Elizabeth Deighton that Thomas Shepherd md as his 2nd wife had been previously married to a Mr Roper & had 2 sons, Thomas of the Jamestown will, & John who in1627, as main legatee, became administrator of that will.

Note & compare these marriages:
Thomas Roper 1 Nov 1607 St Gregory by St Paul, London, London: Elizabeth Dighton
Thomas Shepherd 23 Apr 1612 (same parish) : Elizabeth Deighton

Whaaaat? Have never seen this before in an English marriage record where a woman reverts to her maiden name, rather than her married surname, on a 2nd marriage.  (My husband, who has been researching his Irish lines for even longer than I have been researching my English ones, assures me this is not unusual, however, among his Celtic peoples.) So, even though I am not 100% sure these are the marriages we want, yet, as the same woman in both marriages, it fits perfectly based on the 2 marriage dates together with the known christening dates of the 3 Shepherd children as given above. But this is assuming that John Roper was born to Elizabeth Deighton by her 1st husband very soon after (maybe even before?) their Nov 1607 marriage in order to be (close to) being of age in 1627 when he is made administrator of his brother’s will.

But if that is the case, that would make Thomas Roper a younger brother–if they did indeed have the same mother, as seems to be so strongly implied in the above quoted probate papers. in which case he could have been born no earlier than 1609, we’ll say. Note he left no land in his will & did not have to be of age to leave only personal property, as he did, if I understand the legal requirements correctly. So he likely was no older than maybe 14 when he arrived in VA in September 1623 and probably that same age when he died shortly thereafter, as recorded on the 16 Feb 1623/4 VA census.

So a 14 year old, younger son who brings 2 servants, leaves a lot of $ to an elder (& so probably wealthier) brother, & has among his will witnesses Haute Wyatt, a member of one of the most influential & prestigious families of early Virginia, leads us to believe his Shepherd 1/2 siblings were likewise of the “upper-crust” English elite. Which, if they were related to our Thos Ballard’s mother, Elizabeth Shepherd, as here hypothesised, would certainly explain why & how he as an immigrant was given his enviable start.

Of those Shepherd siblings, btw, both John & Constance stayed in the Elizabeth City Co area of VA, leaving a numerous progeny, many of whom, in colonial elite fashion, intermarried among themselves. Constance, for example, 1st wife of Richard Wyatt** was the gt-grandma of George Wythe through the Thos Wythe who md his cousin Ann SHEPHERD & whose sister Ann was the 1st wife of Mathew BALLARD, grandson of Thomas the immigrant.

Contemporaneously we note that Simon Hollier, the 3rd generation of that name, had married to Mary Wallace, the daughter of this same just-mentioned Ann Shepherd by her 2nd husband, Rev. James Wallace & so when she assumes the administration of her Hollier husband at his death in 1753, her cousin Thomas Wythe III (father of George) is named as her 1st security. All these later familial connections seemingly provide even further circumstantial evidence for the hypothesized relationships proposed herein.

**Richard Wyatt, as his name appears in the VA records, was the earliest progenitor of the reknown Wythe family of Elizabeth City Co. The establishment of that line is next on my agenda to be written up &, fortunately, is not quite so circuitous as this Ballard-Shepherd-Hollier account has been. Richard’s ancestry has yet to be determined. But based on the implied connection of the Roper-Sheperd family with Haute Wyatt, it seems a good possibility that he may have been connected with Haute’s family.

John Bryson vs. The Heirs of Thomas Ballard, dec’d.

A researcher forwarded this item that appeared in the North Carolina Star on Friday, March 17, 1820:

STATE OF NORTH CAROLINA,

Surry County.

In Equity.

John Bryson, vs. the heirs of Thomas Ballard, dec’d.  David Blackwell and Elizabeth his wife, David Hains and Mary his wife, Ann Ballard, Charles Ballard, Sadell B. Brooks and Sarah, his wife, William Ballard, and ——– Roberts, and Susannah his wife — Petition to compel a conveyance of land.

It appearing to the satisfaction of the Court that these defendants are not inhabitants of this state.  It is ordered and decreed by the court that publication be made in the Raleigh Star for six weeks, that the said defendants appear at our next court of equity to be held for said county, on the first Monday in March next, at the Court House in Rockford, and plead, answer or demur to said petition or the same will be heard exparte at the next term.

Witness, JAMES PARKS, Clk in our said court, at office the fir[s]t Monday in Sept. 1819.

North Carolina Star, Fri, Mar 17, 1820


I had been sent a blurry copy of this by a researcher, asking for an opinion.  Her copy must have been scanned multiple times, because several names were extremely difficult to make out.  Our friend Brenda Ballard Pflaum found it on Newspapers.com (thank you!), and I was able to retrieve a better copy.

The fact that all of the children resided elsewhere suggests that this Thomas moved to Surry County from some other place.

We know from records in Orange County, Virginia, that a John Bryson is named as the former owner of tract adjacent to a Thomas Ballard of Orange County, who had acquired the parcel from John Snow.  And we know (from a quick online search of Bryson genealogies) that Bryson family researchers believe John Bryson removed from Orange County, Virginia to Surry County, North Carolina.  Could this Ballard family have followed suit?

A state census of 1784 recorded two Thomas Ballards then residing in North Carolina, both in Surry County. The next question, given the common name, of course, is “How can we distinguish them”?  Assuming names are recorded in the order they were found as the census taker made his way through the county, a 1784 census records a Thomas Ballard four names away from John Bryson, Sr; this was in Captain Humphre’s District.  The other Thomas Ballard, residing in a different enumeration district (Captain Gaines’), is in the same district as “Morm Ballard” (Moorman Ballard).  State Census of North Carolina, 1784-1787, by Mrs. Alvaretta Kenan Register (Baltimore: Genealogical Publishing Company, 1971).

We know from another source that in 1790 there were still two Thomas Ballards living in Surry County.  This online search engine provides information from the 1790 census in Surry county.  Search for Bryson, and there are three entries: Alexander, 100 acres; James, 400 acres; John Snr, 135 acres in Captain Humphrey’s District.

Search that database for “Ballard”, and there are again two Thomas Ballards.  One in Captain Edward’s District (no acreage indicated); another in Captain Humphrey’s District with 140 acres.  We find in Captain Lovill’s District David Ballard (303 acres), German Ballard (200 acres) and Moreman Ballard (150 acres).

The Quaker Ballards who resided in Surry are relatively well documented, and Charles does not appear to be among them — at least his name does not appear in any Quaker record abstracts I have examined.

The Quaker Ballard first names span a couple of generations; David and Moreman/Moorman appear to have been sons of William Ballard of Bedford County (1715-1794), while German Ballard is probably their nephew, the son of their brother Thomas Ballard of Surry County, born 1735/6.

To summarize the Quaker families: William Ballard and his wife Mary ___________ had the following children:

THOMAS, b. 12, 11 [January] 1735/6.

Frances, b. 12, 12 [February] 1737/8.

BYROM [Byram], b. 27, 2 [April] 1740.

Delphin [Delphia], b. 1, 5 [July] 1742.

MOORMAN, b. 10, 3 [May] 1747/8.

DAVID, b. 9, 4 [June] 1750.

BARCLAY, b. c. 1751.

Mary, b. after 1752.

***

Thomas Ballard, (son of William Ballard and Mary _________)  and Elizabeth __________ had the following children:

Garman [Jerman, Jarman, German] b. 5, 2 [February] 1765.

Byrum, b. 1, 4 [April] 1766. On 9, 11 [November] 1790.

Archer, b. 12 , 8 [August] 1768.

Mary, b. 19, 1 [January] 1771.

Frances, b. 11, 1 [January] 1774.

William, b. 8, 11 [November] 1776.

Thomas, b. 10, 3 [March] 1783.

Elizabeth, b. 30, 5 [May] 1785.

***

A check of the North Carolina Manuscript & Archives Reference System (MARS) database shows two patents to Thomas Ballards in Surry County.  One for 150 acres in Surry was assigned to him by Isaac Cloud, who was assignee of William Lankford, who was assignee of Micajah Clark.  Micajah Clark is a known Quaker, which suggests the 150 acres belonged to the Quaker Thomas.  this grant was Entered 29 November 1799, Entry No. 1103, Book No. 126, p. 80.  Curiously, the database states that the Grant was issued 16 December 1899 (that seems awfully late; one wonders if this is an error).

The other patent (File No. 2005, Thomas Ballard) was a grant of 200 acres in Surry county, issued 17 December 1799 (Entry No. 2093, Book No. 106, page 214) (no entry date).

We should note other grants to Thomas Ballards in other counties.

100 acres, Sampson County, Entered 17 August 1779, Issued 10 July 1788.

150 acres, Chatham County, Entered 15 August 1784, Issued 7 August 1787.

From this vantage point it is difficult to know if these are the same men already identified, or additional patents taken by them.  More research is needed here.

An apparent connection, however tenuous, between Thomas Ballard and John Bryson appears in the records of Orange County, Virginia.  On 24 March 1742, John Snow of Louisa County, planter, conveyed to Thomas Ballard of Orange County planter, Lease and release for £25 current money. 200 acres in St. Thomas Parish near the Head of Blew Run corner to a tract formerly belonging to John Bryson. . . brow of a hill. . . Mathias Gale’s corner.”  Signed: John Snow.  Witnessed by John Allen, George Taylor, Thomas Scott.  Recorded Orange Co. Va. Deed Book 7, pp. 209-211.

This 200 acres conveyed by John Snow to Thomas Ballard of Orange County was conveyed by Thomas to a William Ballard by “deed dated 15 February 1758 from Thomas Ballard of Orange Co. & William Ballard of same, for £20; 200 acres near head of the Blue Run … bounded land formerly belonging to John Bryson.” Witnessed by Frs. Jones, Barnett Franklyn, Jas. Griffith. Recorded 23 February 1758, Orange Co. Va. Deed Book 12, pp. 432-36.

Thomas Ballard, son of the Quaker William Ballard of Bedford County was born 12, 11 [January] 1735/6 according to the scrupulously kept records of the Society of Friends, and would have been just six years old when the Thomas Ballard of Orange County purchased the land referenced above from John Snow in 1742.  William’s son Thomas removed from the Cedar Creek Monthly Meeting in Hanover County, Virginia to the Tom’s Creek Monthly Meeting in Surry County, North Carolina in 1777.   A probate record in Surry County, North Carolina dated 1794 is an inventory of the estate of Thomas Ballard by his wife Elizabeth Ballard, who was appointed Administratrix, which tells us that Thomas died without a will (if he had one Elizabeth would have been Executrix, if named so in the will).  We have an accounting of his belongings, but apart from the name of his wife, there is no information of genealogical value.

There is on record a will of Thomas Ballard of Stokes County, recorded March Term 1804.  Stokes County was cut off from Surry in 1789.  This is the will of the Quaker Thomas Ballard, and a transcript can be viewed here.

No wife joined in Thomas’ 1758 conveyance, which means Thomas Ballard of Orange County was (at the time) single.  Had he been married, a wife would have been required to join in the conveyance to release her dower interest.

What about other Thomas Ballards in other counties?

The Thomas Ballard of commonly identified as being of Albemarle had two wives; his first wife, Sarah, died between 1743 and 1758, his next wife Susannah joined in the conveyance of his original patent 25 March 1758, one month after this Orange County sale; in that transaction, he is identified as Thomas Ballard of Louisa County.  Further, this Thomas didn’t have a son named William.

John Ballard of Albemarle’s son Thomas was born in 1751 (and this is documented in a Revolutionary War Pension Application), so it couldn’t be him.

By process of elimination with what we know about these families, this leaves Thomas Ballard, son of Bland Ballard of Spotsylvania the one most likely to be “Thomas Ballard of Orange County, Planter.”  Yet it isn’t quite right —  unresolved is the true nature of the conveyance in 1758 of the 200 acres between Thomas Ballard and William Ballard; their relationship is not disclosed, but they could have been father and son.  Perhaps Thomas sold his farm to his son William before removing to Surry County, North Carolina.  Also, Bland devised Thomas a slave and her increase; there are no slaves in Thomas’ inventory. Also, it’s worth noting that Bland’s son Benjamin named one of his sons Charles, which reinforces the former conclusion, since we have the repeating of a family name.  But then the name figures prominently among one of the Maryland lines.

While some of the evidence points to Thomas Ballard from Orange County being the son of Bland Ballard of Spotsylvania County, Virginia, its entirely possible that he belongs to some other as yet not satisfactorily documented Ballard line.

To purchase land in 1742, Thomas would have had to have been born in 1721, or earlier (he would have to be 21 years of age to do so legally).  And if William were Thomas’ son, in order for them to complete that conveyance in 1758, Thomas would have to have been born in 1716 and William in 1737, for William to be aged 21 at the time (and for Thomas to be of age to marry).

Since Thomas died in 1794, why would John Bryson not initiate his suit against the heirs of Thomas Ballard until 1819?  We believe it is because his widow continued to live on the land (as she was entitled) — essentially claiming a life estate, and on her death, Bryson had some sort of claim — perhaps for farming it for her, even paying the taxes.  Given that he did not even know the names of all her relations suggests that his connections with her children were rather tenuous.

Then there is the matter of this Thomas having removed to North Carolina while it appears (based on the language of the text) that all of his children “were not inhabitants of this state,” which suggests that perhaps this Thomas left his family behind.  Or perhaps they all moved elsewhere to start lives in places where fertile land was becoming available, like Alabama and Louisiana.

Ballard family tradition (brought down from descendants in Kentucky) claims that Bland was born c. 1700.  Other theories of his origin — that he was the son of Thomas Ballard and Mary, the widow of James Mann of Stafford County (and circumstantial evidence points to her maiden name being Bland) — if true, make this conclusion problematic, since they married c. 1705. Taken altogether, there isn’t quite enough evidence to form a conclusion.  Nevertheless, in spite of all the loose ends and conjecture, its a very interesting record and the matter needs additional study.  It would be a great help if a male Ballard descendant of this line came forward and produced yDNA test results.

Obituary of Charles Thruston Ballard of Louisville, Kentucky (1850-1918).

Crypt of Charles T. Ballard, Cave Hill Cemetery, Louisville, Kentucky.
Crypt of Charles T. Ballard, Cave Hill Cemetery, Louisville, Kentucky.

Charles Thruston Ballard, Ph.B. 1870
Born June 3, 1850, in Louisville, Ky.
Died May 8, 1918, in Glenview, Ky.

Charles Thruston Ballard was born in Louisville, Ky., on June 3, 1850, being one of the five children of Andrew Jackson and Frances Ann (Thruston) Ballard.  His father attended Transylvania University, practiced law in Louisville for many years, and at the outbreak of our Civil War in 1861 was appointed by President Lincoln clerk of the U.S. Circuit and District courts for the District of Kentucky.  He was the son of James and Susan (Cox) Ballard and the grandson of Bland Ballard, Jr, of Spotsylvania County, Va., who was a Corporal in Major George Slaughter’s battalion that came to Kentucky from Virginia in 1779 and who was killed in an Indian massacre in March, 1788, near the present site of Shelbyville.  James Ballard, his brother, Bland W. Ballard, a Private under his father in the American Revolution, one of the most celebrated of the Indian fighters in pioneer days in Kentucky, and later a Major in the War of 1812, and their half sister were the only members of the family who survived the massacre.

Frances Ann Thruston Ballard’s parents were Charles William and Mary Eliza (Churchill) Thruston.  Her grandfather, Charles Mynn Thruston, Jr, when less than twelve years of age, served as aide-de-camp to his father, then Captain, but later Colonel, Charles Mynn Thruston, at the battle of Piscataway in the Revolution, and later married Frances Eleanor, daughter of John and Anne Rogers Clark and sister of General Jonathan Clark, General George Rogers Clark, Captain John Clark, and Lieutenants Edmund and Raymond Clark, who served as officers in the Revolution.  One of them,—Captain John Clark,—Charles Thruston Ballard represented in the Virginia Society of the Cincinnati.   Another of her brothers, General William Clark, was too young to serve in the Revolution, but was an officer under General Wayne in 1794-95, and the Clark of the Lewis and Clark Expedition across the American continent in 1804-06.  Other Revolutionary ancestors of Charles Thruston Ballard were Lieutenant Armistead Churchill of the Fauquier County (Va) Militia and Lieutenant William Oldham, who served in Daniel Morgan’s company in the siege of Boston and in the Canadian campaign of 1775-76 and who, on November 4, 1791, lost his life as Lieutenant in command of the Kentucky Militia at the battle of St Clair’s Defeat.  Colonel Churchill came to Kentucky in 1779 and John Clark in 1785, and both settled and were buried on the present site of Camp Zachary Taylor, near Louisville.

Mr. Ballard was a member of the Society of Colonial Wars in the Commonwealth of Kentucky and of the Kentucky Society of the Sons of the American Revolution.  He was fitted for college at the Louisville Male High School and at General Russell’s Collegiate and Commercial Institute in New Haven, Conn.  At Yale he took the select course in the Sheffield Scientific School.  In Senior year he was captain of the Sheffield Boat Club, and in 1870 went on the first of Professor Othniel C. Marsh’s expeditions to the Western plains.  In the fall of that year he returned to Louisville and accepted a position in one of the banks, later becoming cashier in the office of the U.S. Collector of Internal Revenue.

In 1878 he organized the firm of Jones, Ballard & Ballard, and engaged in the milling business, using one of the first patent flour manufacturing processes which appeared on the market.  In 1884 they failed in business, were allowed to retain certain of their assets, were incorporated as the Ballard & Ballard Company, and later paid off all of their debts with interest.  They were among the first in the United States to establish profit sharing and welfare work among their employees.  Mr. Ballard remained as president of the company until his death, his brother, S. Thruston Ballard (B. S. Cornell 1878), succeeding him.  He had always taken an active part in the political, social, and civic life of Louisville. He was a Republican in politics, and was deeply interested in the affairs of that party. From 1907 to 1909 he was chairman of the Board of Aldermen.  He was president of the Louisville Board of Trade and of the Pendennis Club, and a director in the Fidelity & Columbia Trust Company, the Union National Bank, the Federal Chemical Company, and the Louisville Railway Company. He was senior warden of Christ Church Cathedral.  In March, 1916, he was elected a vice president of the Associated Western Yale Clubs.  He had traveled extensively in this country and Europe.

His death occurred very suddenly, May 8, 1918, at the family home, Bushy Park, Glenview, Ky, as the result of myocarditis.  He had not been in good health for some time, but his condition was not such as to affect his activities materially. Interment was in Cave Hill Cemetery, Louisville.

Mr Ballard was married April 24, 1878, in New Orleans, La., to Emelina Modest, daughter of Gustave Arvilien Breaux (B.A. Norwich 1847, LL.B. Harvard 1850) and Emile (Locke) Breaux. They had eight children: Abby Churchill, who was married June 1, 1899, to Jefferson Davis Stewart of Louisville; Emile Locke (born September 18, 1880; died December 10, 1886); Mary Thruston (born November 25, 1882; died February 5, 1884); Charles Thruston (PhB. 1907), who served as an Ensign in the U.S. Navy during the war; Gustave Breaux, a nongraduate member of the Class of 1909S., who held a Captain’s commission in the Coast Artillery Corps.; Fanny Thruston, who was married on August 31, 1912, to Charles Horner; Churchill (born April 30, 1890; died February 12, 1891); and Mina, who was married on June 6, 1914, to Warner LaValle Jones. His wife, five children, and four grandchildren survive.  He also leaves two brothers, one of whom, S. Thruston Ballard, was his associate in business, and the other, R. C. Ballard Thruston, graduated from Yale with the degree of Ph.B. in 1880.  His only sister, Abigail Churchill Ballard, was taken ill while in her Junior year at Vassar College and died of tuberculosis in April, 1874.

From Obituary Record of Yale Graduates, 1915-1920 (New Haven: Yale University, 1920) 16th Series, No. 11, pp. 733-36.

A Possible Welsh Origin of Lineage Group I & A Biography of Bland W. Ballard of Aquilla, Texas (1824-1904).

Below is a biography of Bland William Ballard of Aquilla, Texas that was published in A Memorial and Biographical History of Johnson and Hill Counties, Texas (Chicago: The Lewis Publishing Company, 1892), pp. 534-37.  This was thoughtfully provided by a fellow researcher and is transcribed here.  Bland William Ballard (1824-1904) descends from Bland Ballard of Spotsylvania County, Virginia, which places him in Lineage Group I.

We will note a curious bit of information that bears further study, namely that the subject — who no doubt was interviewed by the author for this publication — stated that his ancestor Bland “had emigrated to Virginia from Wales long before the war for independence, in which he took a part.”  He was referring to Bland Ballard (c.1735-1788), son of the first Bland, which suggests he conflated the two; an easy error, given the repetition of names, for Bland’s activities in Spotsylvania are fairly well documented from the date of his Spotsylvania land patent in 1734.  But one can’t help there is a kernel of truth to the assertion that the family is indeed from Wales, and that information was lost or forgotten over time.

There has been another suggestion of a Welsh connection from another source, the administrator of the R1b-CTS446 Plus Project.  This Project includes several members of Lineage Group I.  We were invited to participate because we tested positive for at least one of the SNPs defining the Irish Type II subclade, which is found in the south of Ireland and other parts of Great Britain.

The stated objective of the project are as follows:

The R1b-CTS4466 Plus project will research the parameters of this major subclade which features strongly in the south of Ireland, but it is found as well in other areas of the Isles, including some in the west of Ireland, Wales, western England, an apparent branch in Northern Ireland and Scotland and a few continentals.  We hope to discover the ancient history of this subclade – where it may have originated, how old it might be, which groups within it share more recent ancestry and how different branches may have developed and migrated from the time of the common ancestor.

On 18 July 2015 we received this email from Elizabeth O’Donoghue-Ross, Group Administrator of the R1b-CTS446 Plus Project:

Hello, Everyone.

With so many CTS4466 SNP Pack results coming in together, the issues that have needed to be addressed and reported, plus some new BIG Ys in as well, I’ve been unable to contact each of you directly about your results.  Apologies for this delay.  I’ve decided that the most efficient way to contact you would be to include all of you who are in the same branch in one email to explain the results.  If some of you have already been contacted by me or Ed, please forgive the duplication.

Your result shows you in the FGC29280 branch, and you have been placed in the ‘ A1b1a S1121+ // Z16252+ // FGC29280+’ group in the spreadsheet.  Your surnames vary with origins in Clare and Cork for Reddin and Hurley, to an ostensibly Anglo-Norman surname in the Ballards, which in principle you would not expect to be Irish Type II at all.  The group of Ballards is relatively closely related, and though some indicate England as their country of origin, I can’t help but wonder if this group of Ballards might be Welsh, which is where many of the Anglo-Normans were based before coming to Ireland with Strongbow.  The force included a number of Welsh archers.  There may be a connection of interest to the CTS4466* group that appear to be of Welsh origin.  This could indicate the early origins of the whole subclade.  We are looking into this possibility.

The variety of surnames found in your branch indicates that there are probably more branches to be discovered, but it will need further tests through the BIG Y or the Y-Elite at FGC to identify them.  Ideally, two participants of each surname would test for comparison purposes to discover the SNPs that define their own surname-specific branch.

If you haven’t yet, you should join our Forum – https://groups.yahoo.com/neo/groups/R1b-CTS4466-Plus/info.  We were discussing the CTS4466 SNP Pack results and you can always look through the previous messages posted

Please feel free to contact me directly if you have any questions about the results.

Thank you for testing.  I hope you are pleased that you have discovered more of your heritage.

Best Wishes,

Elizabeth

Elizabeth is assuming Lineage Group I’s ancestor emigrated from Wales to Ireland (Strongbow came to Ireland in 1170), but note that the subclade is present throughout the United Kingdom, only strongly represented in Ireland.  We do know there was a William Ballard who was mayor of Cork, Ireland in 1690, and several streets in Cork bear the name “Ballard,” so possibly a Welsh branch of the family did settle there.  Assuming a Welsh origin, other branches could just as easily have gone in the other direction and settled in England.

The ever helpful Wikipedia has an interesting observation about the origin of the Ballard name, unfortunately without citations:

There are other sources for this name, besides the Anglo-Saxon. Not all people bearing the name are of English origins. It is common, with native etymology among several Celtic nations, although the British Celtic form is likely the original, and it may be that “Bald head” is a false etymology designed to give the name English roots. The earliest form is Ap Alard, meaning the “son of the fox” in Welsh, and it passed from Wales to Brittany as Aballard, whence it became popular in France under the form Aballaird, and thence to Spain.

In future we’ll keep an eye out for possible Welsh ties.  We find it interesting that the Welsh name Rhys is usually Anglicized as “Rice,” which was the name of one of Bland’s Virginia descendants, Rice Carter Ballard, the son of Benjamin Ballard of Spotsylvania County, Virginia (1768-1864).


Copied from Nell Cason

Bland W. Ballard, of the firm of Bland W. Ballard & Son, grocers of Aquilla, is a member of one of the best and most favorably known families in Hill county.  Emigrating from Missouri in the [18]’70s, we find them identified ever since with each step in the development of progress of the county.  Our subject is the son of James and Elizabeth (Shackelford) Ballard, an old Kentucky family.  The father, born in Shelby county, Kentucky, March 1, 1785, was a farmer by occupation, thrifty, well-informed, and alive to all that pertained to the welfare of his State and nation.  His grandfather, Bland, had emigrated to Virginia from Wales long before the war for independence, in which he took a part.  James’ father, also named Bland, emigrated to Kentucky in an early day, coming down the Ohio to the Falls, now Louisville.  Here he raised his family, being employed by the Government as a hunter for the army, and in scouting expeditions against the red men.  He was first given command of a company, then a battalion, and next a regiment.  He was elected to the Legislature several times from Shelby county, Kentucky.  He followed the business as long as the Indians were troublesome, when he moved to Shelby county, where he died at an advanced age.  Our subject remembers him as a most powerful man, six feet in height and weighing over 200 pounds, — a typical pioneer.  In 1800 James Ballard was married, in Shelby county, to Elizabeth Shackelford.  That family were originally from England, next settled in Virginia, then in Georgia (where Elizabeth was born, in 1785), thence, in 1792, on pack-horses through the wilderness, to Kentucky.  To this union was born four sons and three daughters, viz.: John, deceased in infancy; Benjamin H., a retired farmer of Missouri; Bland W., our subject; James T., deceased; Mary, deceased, was the wife of George Button, also deceases; Elizabeth A., deceased, was the wife of Bland Williamson; and Dorothy, who died at the age of twelve years. The father was a man of sterling integrity, and of strong influence for good in his county.  He was under Harrison in the famous Tippecanoe expedition, and our subject remembers well his vivid description of the destruction of the red men’s wigwams and stores by fires, and how each soldier, by the General’s order, loaded his horse with corn and tobacco for the homeward trip.  Mr. Ballard has a hickory cane in his possession, mounted with buck horn, which was cut on that battle-field and given to his father.  The latter died in 1841, and the mother in 1853.

The subject of this notice was born July 23, 1824, in Oldham county, Kentucky.  At seventeen years of age the death of the father threw the burden of the family upon his young shoulders, but it only nerved the boy to manhood’s strife.  He was married at the age of twenty-one, and continued with the family one year, when he bought land near Ballardsville, and for the first time rested under his own “vine and fig tree.”  Three years later we find him on a wild tract of land in Clark county, Missouri, undergoing all the privations of the Western pioneer, and at one time he traveled eighty miles before he got his grain ground and home again.  Six years of such life, and a large improved farm in Saline county bought, and for nine years our subject battled with the distressing times just preceding and during the Civil war.  The struggle ended with the loss of his farm and the $8,500 paid on it.  Nothing daunted, however, he moved to another community, five miles distant, and began again.  After fifteen years of successful farming here, the failing health of his wife demanded a change of climate, and he came to this county, landing at Aquilla November 16, 1879.   After some prospecting he built in Whitney, and engaged for six years in various kinds of light business, devoting a large amount of his time to the care of his invalid wife.  He moved to Aquilla, and for two years engaged in the stock business, in company with is son, Elijah.  In 1887 the firm of Ballard & Son was formed, which has since carried on a grocery and drug business.  The Aquilla post office is also under the charge of our subject.  Of him it may be said that as a father, kind and gentle, but firm, and as a citizen upright, honest and of undoubted integrity, he has the love due the one from the family, and the respect due to the other from the people.  He has been a consistent member of the Methodist Church for over forty-nine years, and expects to die in that faith.

July 15, 1845, Mr. Ballard married Parthena, daughter of Nathan and Rebecca Cull, another old Kentucky family.  The Culls were of Irish descent, having been banished from Ireland in the time of Cromwell.  The wife in this case was a helpmate, in deed as well as in word.  She was a woman of more than ordinary ability, had a remarkable taste and memory for history, and made the Bible her constant companion.  In early life she joined the Methodist Episcopal Church, which always found in her a great helper.  For fifteen years before her death, which occurred March 13, 1888, she was a confirmed invalid, but bore her illness cheerfully and with the greatest fortitude and patience.  Mr. and Mrs. Ballard have had eight childen, viz.: John E., born in Oldham county, Kentucky, in 1846, was married at the age of twenty-two years, in Missouri, to Armead L. Ingram, a sister of Mrs. E. R. Boyd, of Aquilla, now deceased.  After farming several years in that State, John E. moved, in 1875, to Garrett’s Mills, McLennan county, Texas, thence to Oak Valley, next to Aquilla, and then to Hillsboro, in each place engaged in merchandising.  Since his residence in teh latter palce his recognized ability has made him the servant of the people in various offices.  In 1887 he was elected Court Commissioner of District No. 1, and the fine new county jail is the monument of his work.  He has served several terms as Alderman in his city, the new schoolhouse attesting his interest here, and has served one term as Mayor, being elected over two popular candidates in an unprecedentedly hot contest.  Benjamin W. was born in Oldham county, Kentucky, in 1848, and married in Texas, in 1878, to Bina T. Neal.  They have two children: John N. and Nellie B.  Benjamin farmed a few years in Missouri, then came to Texas and engaged in business with his brother at White Rock, thence to Fort Graham, next to Whitney, where he is now enjoying a thriving grocery trade.  Bland A., born in Missouri, in 1852, visited Texas in 1873, and several years afterward engaged in business at White Rock, then went to Fort Graham, next to Whitney, where, at the age of twenty-eight years, in November, 1880, he succumbed to typhoid malaria.  He now rests by his mother in Hillsboro cemetery.  Bland was a most exemplary young man, and when cut off by the dread destroyer gave promise of more than ordinary business career.  Mary A., born in Missouri in 1855, was married in 1873 to James V. Hampton, a farmer of Saline county, Missouri.  In 1891 they moved to a farm five miles east of Whitney.  They have had five children: B. Wade, Thomas V., Marmaduke, and Velva and Zuma, twins.  James Thomas, born in Missouri in 1857, was married, in 1889, to Etta E. Swafford, of Limestone county, Texas.  James came to Texas at the age of twenty-one years, and engaged in business with his brother John, at Oak Valley, thence to Aquilla, and next to Hillsboro, where he continued with his brother until 1888, when he withdrew.  The next year he clerked for G. B. Brown, a grocer, next for B. K. Brockinton, when the firm of Gibson & Ballard, grocers, was formed.  James is a keen and reliable business man, and a credit to the city of Hillsboro.  Elijah N. was born in Saline county, Missouri, December 24, 1860; until ninteen years of age his life was that of the average farmer boy.  At this time the family came to Texas, and the winter of 1879-’80 was spent in clerking for his brothers at Aquilla and Oak Valley, and in the spring he went into the grocery business with his father in Whitney.  After two years Elijah went to Hillsboro, and three years were spent in clerking for his brothers, and one year for Grant & Armstrong.  For the next two years he was in the stock business with his father at Aquilla, when the cattle was disposed of, and the present firm of Ballard & Son, grocers, was formed.  During his residence in Whitney Elijah had taken up the study of telegraphy, but his attention was drawn from that by other business.  In the summer of 1888 he resumed that study, and in September, of the same year, was appointed operator and station agent at Ross, on the Texas Central.  So well did he perform his duties there that the company saw fit, after eleven months, to promote him to his home station at Aquilla, where he has since faithfully discharged his duties.  He is one of the most popular agents on the road, and in direct line for promotion.  In his political views he is a Democrat; and socially, a Master Mason.  Harriet L., born in Saline county, Misssouri, June 17, 1863, died of spinal complaint, August 5, 1868.  The family remember her as a patient little body, whom suffering only made more angelic.  Annie E., born in Saline county, Missouri, May 9, 1867, is the youngest of the family.  When but a child the mother’s health threw much of the burden of housekeeping on Anna, and since her death she finds it a pleasure to make glad the declining years of her father.

Is This the Father of Bland Ballard of Spotsylvania County?

We received an intriguing comment the other day about the Ballards who settled in Stafford , Richmond, Essex and other nearby counties in Virginia.  We’ve never been satisfied with our work there (there’s so much more to study), and fully intended to re-visit the records in that part of the Commonwealth, particularly the research as it relates to what we consider the “weakest link” in most genealogies that trace their lineage from that union — the assumption that the William Ballard who was married to Philadelphia _________ was a son of Thomas Ballard of James City County, which we believe to be in error.

The note below makes a credible case that the father of Bland Ballard of Spotslylvania County (and Thomas and John of Albemarle and Richard of Bedford County) is a Thomas Ballard who settled in Stafford County with connections to Maryland, and that Bland’s grandfather was the Thomas Ballard who built the house at Marlborough, and that his son, Thomas, married Mary, the widow of James Mann, and that Mary was the daughter of a Margaret Bland who settled in Maryland c. 1670.

This is a great article on Thomas Ballard. Thank you for writing it. I think I can add to it. If I’m not mistaken DNA testing shows the Ballards of York Co. Va. and Ballards of Stafford Co. Va. not kin.

According to Maryland immigration records by Skordas a number of Ballards, Elzeys, Blands and Manns came to MD in 1670’s and many crossed into VA. after end of Bacon’s Rebellion. A Thomas Ballard came to MD in 1676. No further record. Then a Thomas Ballard, “Junr.” and a William Ballard appear in Stafford Co. VA. by 1682 according to Sparacio’s abstracts. Research there has been problematic due to record destruction during Civil War. Plus the Overwharton Parish lost its founding records.

Some Stafford colonial record books somehow survived the Yankee sack on the courthouse. Thomas Ballard and William Ballard built the small house at Marlborough according to “The Cultural History of Marlborough, Virginia”, by Watkins. The Ballards who later migrated to nearby Richmond Co. VA. and Essex Co. VA. seem to come from this original Thomas & William.

I think there were two Thomas Ballards.

The later one, son of either Thomas or William, I think was born circa 1684. This younger Thomas Ballard was the second husband of the widow Mary Mann. I will give more on her in the following. This Thomas Ballard stated in the Rich. Co. court order book that he was “Thomas Ballard of Stafford County” in 1707. He was involved in much litigation in Essex Co. His second wife was a Sarah and they later moved to Spotsylvania Co. VA. The elder Thomas Ballard, it would seem, stayed in Stafford Co. His apparent sons had moved to adjacent counties. He bequeathed the little house to his godson David Waugh and Waugh later conveyed it to Mason, as you well-know.

Thomas Ballard, Sr. moved to the part of Stafford Co. on Neabsco Creek that is today Prince William Co. According to the tax list he died there at Neabsco about 1722. This area bordered Spotsylvania Co. so kin were never that far away. The Thomas Ballard who married Mary I think is son of Thomas who moved to Neabsco Creek. In 1705 Thomas Ballard, Mary Ballard, Jos. Waugh and Thomas Elzey and others were at the house of James Mann, deceased, to appraise his estate in Stafford Co. Also there was a John Gowry.

That Mary’s maiden name was Elzey seems logical but I have another suggestion. Thomas Ballard and Mary named their first son Bland Ballard. Bland later owned land in Spotsylvania Co. VA. I will show an indirect connection to Blands who lived nearby. Let me summarize what I believe is Mary’s origin.

In 1670 a Margaret Bland came to MD. Then by 1674 an Ursulah Bland came to MD. James Mann also owned land in MD before moving over the river to VA. James Mann was born 1649 according to a deposition. His first wife was a daughter of Henry Thompson who left a will in 1691 in Stafford Co. VA. He married second Mary. James Mann was a judge in Stafford Co. Bear with me as I will try to tie all of this chaos together. James Mann also served on a jury with Theodorick Bland in Stafford Co.

James Mann had only two known children by Mary. The girls named in his will in 1705 were Margaret and Ursulah. When Mary later married Thomas Ballard they named their first son Bland Ballard. James Mann also owned land on Neabsco Creek, coincidentally the same place where Thomas Ballard, Sr. would move to after leaving Marlborough. This tract on Neabsco was willed to his daughters Margaret and Ursulah. Their mother Mary appears to have been the illegitimate daughter of Margaret Bland who came to MD in 1670—but that’s another story.

Thomas Ballard, II, moved from Essex Co. to Spotsylvania Co. Thomas Elzey also owned land in Spotsylvania. Thomas Ballard died there by 1755. I descend through Thomas son John Ballard who moved to bordering Albemarle Co. Va. leaving a will there in 1780. John also named a son Bland Ballard.

Let’s look at what we can find about this.  References are as found in various Internet sites such as Rootsweb.

Mann Immigrants to Virginia.

A Henry Man appears in a certificate filed 12 June 1665, who may have been the father of James Mann.  This may be more than a coincidence, because James named a son Henry (which we will get to in due course).

Lancaster County Court 12th of June 1665
– Certificate accordinge to Acte is granted unto William Neasum for the transportacon of Margery, his Wife. Michaell Willington, Richard Stephens, Will: Parr. Susan Furnell, Edward Tisoo, Roger Sidwell, Robert Scissen, Will: Percifull, Jo: Ashford, Hen: Man, Eliz: Killinghorne, Susan Loatt & Philip Sutton into this Country.  Lancaster County Deeds & Wills 1661-1666; Antient Press; Page 345.

We have much more research to do here.

Mann Immigrants in Maryland.

A list of Mann (Man) immigrants can easily be viewed using a database maintained by the Archives of Maryland that lists individual settlers named in the Maryland land patent volumes from 1633 to 1683, and a land warrant volume from 1681 to 1685.  It combines Gust Skordas’ Early Settlers of Maryland and Dr. Carson Gibb’s The New Early Settlers of Maryland (references are omitted; please consult the database).

  • Edward Man (Mann) of Talbot County, by 1676 transported himself, Jno., his son, & Jno. Shanck, Jno. Sharpe,* Jno. Roberts, Jno. Tossall; & by 1679 transported Luce, his wife, Elizabeth, his daughter and Jane Whitle.
  • Ann Mann, transported by Capt. Ford, in 1663
  • Jno. Mann, by 1676 transported by Edward Mann of Talbott County, his father.
  • John Mann, of Talbot County, transported himself and John, his son, in 1676

*Note that a Sharpe family was an allied family with the Ballards in King George County, Virginia.

James Mann of Stafford County, Virginia.

James Mann was born c. 1649, according to a deposition recorded in Stafford County on 12 February 1691/2.

The Deposition of James Mann aged about forty & two yeares in a Suite depen dinge between Mr, John Waugh Executr. to ye Estate of Henry Thompson deced and Capa. William Downinge in an action of Debt due by Accompt from ye said Capa. Downinge to ye Estate of ye said Henry Thompson who deposeth & saith that not longe before ye death of ye said Henry Thompson yor Depont beinge an his house when hee desired to come to Accompt wth Mr. Downinge and there did appeare to bee due to him upon ye ballance from ye said summe of foure thousand four hundred & eight pounds of Tobacco wch ye said Mr. Downinge did then not disowne and further saith not as Wittness my hande.  Juratt in Curia Febry 12th 1691/2 James Mann
then recorded further the Depont deposeth that Capa. Downinge went away immediately because that Henry Thompson would not allow him for a year accommodacion.  Stafford County Va Deed & Will Book 1689 – 1693; The Antient Press, p. 227a

He is believed to have been the owner of a plantation in Charles County, Maryland (in what is now Prince George’s County, which was organized 1696) called Fortune, acquired by patent dated 2 April 1685, Recorded Liber 22, folio 266.  Additional work is needed to determine if we can find a record of its sale.

If this is the same James Mann, he may have been living in Stafford County by 1690, when on 13 November 1690 he was ordered to pay eighty pounds of Tobacco to John Toney and Eleanor Fletcher for two days attendance for a lawsuit between him and John Mathews.

Court held 13th November 1690. Ordered that James Mann shall make payment of the sum of eighty pounds of Tobacco to John Toney and Eleanor Fletcher the wife of James Fletcher the sum of eighty pounds of Tobacco per peece for their attendance two days at Court in a suit depending between him and John Mathews with costs.  Stafford County, Virginia Order Book, Page 111.

We know James had three children: Henry, Margaret and Ursula.  We know of Henry from the 23 October 1691 will of Henry Thompson leaves a bequest to Henry Man (Mann), son of James Mann.   Margaret and Ursula are named in James’ will dated 11 April 1705; since Henry is not named, presumably Henry pre-deceased him.  Note that the will of Henry Thompson names Thomas Elzey, Snr and Thomas Elzey, Jr, who are close associates of Thomas Ballard of Stafford County.

Will of Henry Thompson

In the name of God Amen. I Henry Thompson of Stafford County Gentl, beinge sicke of body but of sounde & pfect memory the Lord & praise be to Allmighty God doe make & nominate this my last Will and Testament in manner & forme followinge

Impmis. I committ my body to ye Earth to be buried in a decent Christian manner & my Soull to God Allmighty who gave it in certaine hope of a joy-full resurreccon to eternall life, first of all my worldly Estate be it whatsoever may bee found I hereby appoint my trustie friende John Waugh Clarke, my whole & sole Executor to this my last Will and Testament

Imprimis I devise & bequeath three hundred acres of land lyeinge & beinge upon Pohicke Creeke to bee equallie divided between Rich: & Alexr. Waugh, Sons of John Waugh abovesaid to them and their heires for ever.

Also I give bequeath that plantacon & tract of land at Cock Pitt Poynt to Ann Waugh Daughter to John Waugh abovesaid & to ye heires of her body begott & for want of such to Richd. & Alexr.  Waugh abovesaid & to ye heires of their bodies, I alsoe give & bequeath that tract & Evident of land Iyeinge upon Powells Run containinge about three hundred acres unto ye three Eldest Sonns now liveinge of John Simpson in Ocouia [Aquia] Creeke Scotchman to them & their heires for ever.

I Will and bequeath two Rings a Mourninge Ringeh wth ye posie (prepare as follow), & ye other wth ye posie (My love to ye shall Endless bee) these two abovesaid I devise and give to Eliza, Wife of John Waugh abovesaid, Likewise I will and Bequeath to Mary Williams now resideinge upon this Plantacon my horse Turk wth bridle & Saddle & two thousand poundes of good Tobacco to bee instantley & conveniently paid her after my decease.

I give & Will to Henry Man Son of James Man two young Heifers two yeares old

Item l give to Mr. Robert Colle one barren Cow and what Sows 1 have now pastureinge upon this Plaantacon.

Item I give to Mr, Colles one Cow Mare & one Steal- of three yeares old runninge on Edward Holmes Plantacon next Springe

Item I give & bequeath to William Hurdy my gunne & small chest

Item 1 give will &devise to ye Church of Stafford Church ten £1 pounds Sterl to bee by ye Minister & Church Wardens laid out in plate for ye Blessed Sacramt & other necessaries for ye Service of God & ornament of ye abovesaid Church att ye head of Potomack Creeke

Item l give and bequeath to Thomas Kemp what Tobacco he is indebted to me & one pott & one fryinge pan

Item I give & bequeath to Patrick Hume my Horse named Tobie branded “DM”

Item I give and devise to John Gowry one beaver hatt light colored stuffe mans coate & pr of plush breeches

Item unto John Simpson Scotchman abovesaid one Broad Cloth co ate darke coloured, one pair of frieze breeches

Item I give to Thomas Elzey Junr one halfe of my bookes and ye other halfe I give to ye Wife of Mr. Robert Colles,

Item I give to WM. (blank) one serge Coate, one prof leather drawers, one prof shoes, one prof stockings seven yards of blew linnen.

I further give to John Simpson abovesd one Horse named Spete branded wth ye figure upon ye shoulder

Item I will & bequeath to Joseph Henson one Semiter with a black hilt

Item I give & bequeath to Thomas Elzey Senr. one case of Pistolls & holsters & one semiter wth a place hilt & heft belongings to it wth plate buckles

Item I give & Will to Capa. George Mason my Cane with a Silver head

Item I will & desire that one large Seale ringe off twentie shillings price be delivered to Joseph ye Son of John Waugh abovesaid

item I give to Richard Martyne one Mare wch I bought of James Gallaway branded with three brands

In Wittness whereof I sett my hande & Seale this twenty third day of October 1691 In presence of Robert Colles, Hen. Thompson, John Gowry, Mary Williams

The above said Will of ye aforesaid Henry Thompson was sufficiently proved in Court by Mr John Waugh Clerke Exror appointed & nominated in ye said Will on ye oathes of Robert Colles, John Gowry & Mary Williams Wittnesses to ye said Will Subscribed on ye 13th day of November 1691 and was then recorded

Stafford County Va Deed & Will Book 1689 – 1693; The Antient Press, pp. 219A-220

James Mann obtained a land grant of 203 acres between the lines of Col. William Fitzhugh, David Anderson, and Mr. Motts on 4 March 1699/1700.  Northern Neck Grants No. 2, 1694-1700, p. 310-311 (Reel 288).  James Mann acquired 150 acres at the head of Potomac Creek on 10 December 1703, and on his death he devised this land to his two daughters, Margaret and Ursula.  We learn of its disposition years later, when in 1741 his daughter Ursula is joined by her husband William Gregsby to sell her 75 acres to John Foley, Jr., who was married to Ursula’s sister Margaret.  In 1741 the land was in Prince William County.

To all Christian People .. this 10th day Decr. 1703 .. Now Know ye I George Monk of St.. Pauls Parish in Stafford County for consideration of 10,000 pounds of everyway well conditioned Tobo. in cask in hand paid by James Mann of Overwharton Parish in the county aforesaid .. do sell unto James Mann a parcel of land contd. 150 acres lying the head of Potomack Creek & being one half of 300 acres George Lilles {Lyles} purchased of Mr. Robert Alexander Son & heir of John Alexander & by my Father James Monk purchased of said Lilies by deed dated 1683 and acknowledged in Stafford Court the 30th day October 1683 & descending unto me by being Son & heir to my Father .. Presence Joseph Sumner, George Monk, Joshua Davis.  At a Court held 14th Decr 1704, George Monk in person acknowledged this safe of land to James Mann and the same ordered to be recorded & truly recorded.  Stafford County Va Deed & Will Book 1699 – 1709; The Antient Press pp. 251-252

This Indenture made the tenth and eleventh day of December in the year of our Lord one thousand Seven hundred & forty between William Gregsby of the Parish of Overwharton in the County of Stafford Planter & Ursley his Wife of one part and John Foley Junr. of the same Parish & County Planter of other part Witnesseth that the said William Gregsby & Ursley his Wife for sum of Ten pound:, of Current money have sold unto the said John Foley in his actual possession now being by vertue of Bargain & Sale to him made for one year and by force of the Statute for transferring uses into possession all that parcel of land being upon the Branches of Neapsco in the County of Prince William containing in the whole seventy five acres of land being part of a Patent of one hundred & fifty acres of land granted unto John Wallis bearing date the ninth day of November in the year of our Lord one thousand six hundred ninety & eight and by the said John Wallis sold unto James Mann by an Assignment endorsed on the back of the said Patent bearing date the eleventh day of November 1695, as in & by the same duly Recorded on the Records of Stafford County which said one hundred & fifty acres of land the said James Mann by his last Will & Testament in Writing did give & bequeath unto his Daughters Margaret & Ursley Mann which said Ursley is now wife of the said William Gregsby party to these presents as in & by the said Will now remaining amongst the Records of Stafford County, Beginning at a white Oak on a Ridge in Thomas Gregs line & so runing along according to the several courses of the said Patent, Together with all houses & privileges To Have and To Hold the said land and premises aforsd unto said John Foley his heirs and assignes for ever In Witness whereof the said William Grigsby and Ursley his Wife have set their hands & Seals, in presence of Val, Peyton, William Grigsby, John Peyton Ursley V. Grigsby.
At a Court held for Prince William County May the 25th 1741, William Gregsby & Ursley his Wife, she being first privately Examined. acknowledged this Lease and Release to be their act and deed and it was admitted to Record.  Prince William County, Virginia Deeds, The Antient Press: Liber E; 1740 – 1741; pp 263-267

James Mann left a will dated 2 April 1705 and recorded 11 April 1705 in Stafford County, Virginia (Stafford Co. Va. Will Book 1699-1709, pp. 260-61) in which he devises his estate to his children Margaret and Ursula and his wife Mary, who was appointed his sole Executrix.  It appears his son Henry pre-deceased him.

Will of James Mann.

I James Mann of Overwharton Parish of Stafford County in the Colony of Virga. being sick & weak of body .. do hereby devise and bequeath all and singular my Estate to be equally divided between my wife & children & to the heirs of Margaret and Urusula Mann and to the performauce of that devise touching all my lands Tenements & hereditament.

I freely devise & bequeath the same to them to the only proper use benefit & behoof of the said Margt. & Ursula Mann in as full large & ample manner as Joint Tenants by the Laws of England ought to have hold & enjoy the some and 1 do hereby make my loving wife Mary my sole Executrx. .. this 2d day April 1705.  Presence Jos. Sumner, Arthur Jackson, John Waugh Junr., Edward Turberville, James Mann John Waugh
At a Court held 11th April 1705 This Will was proved ., and order for pro-bate thereof granted to Mary Mann Executrix mentioned in said will & the will ordered to be recorded & was recorded.

Within the year, Mary (____________) Mann married Thomas Ballard, as evidenced by these records in the Richmond County, Virginia Order Books.

Richmond County Court 3d of April 1706.

– The action brought by Thomas Ballard and Mary his Wife, Exrx. of James Man, late of Stafford County, deced, vs. Danll. McCarty is dismist the Plts. not prosecuting
– The sumons by Scire Facias brought by Thomas Ballard and Mary his Wife, Exrx. of James Man, late of Stafford County, deced., vs. Danll. McCarty is dismist, the Plts. not prosecuting

1705-1706 Richmond Co Va. Order Book 4; The Antient Press: (Page 151)

James Mann and Mary _________ had issue:

Margaret, who is believed to have married John Foley (based on the records above) and had issue: 1. Catherine; 2. James; 3. John; 4. Mary.

Henry, who likely died before 1705.

Ursula, who is believed to have married (1) John Allen and (2) William Grigsby, and had issue (Grigsby): 1. John; 2. Richard; 3. Alice; 4. William; 5. Margaret Ursula; 6. Letitia; 7. Anne.

Know all men .. I Ursula Allen wife of John Allen of county Stafford have assigned & in my stead constituted my trusty and well beloved friend Nathl. Pope Clerk of Stafford County to be my true & lawfull attorney to acknowledge in Stafford County Court a certain tract of land granted by sale by my Husband to Lewis Renoe of same county 9th day March 1705 .. to acknowledge in Court my right of dower of said land 7th day June 1707.  Presence John Harr, Wm. Allen Ursula x Allen  At a Court held 11th day June 1707 The within power of attorney was proved .. ordered to be recorded is recorded.  Stafford County Va Deed & Will Book 1699 – 1709; The Antient Press pp. 372-373

An Inventory of the Estate of John Allen March the 30th 1709 .. items listed valued and totalled 6420 .. signed by Ursula Allen .. appraised by George Mason Junr., James X Butler his mark.
This was Exhibited into Court the 13th day of April 1709 .. by oath of Ursula Allen wch is ordered to be recorded and is recorded.  Stafford County Va Deed & Will Book 1699 – 1709; The Antient Press pp. 464-465

The Elzey Family

Who was the Thomas Elzey who witnessed several transactions with Thomas and Mary Ballard, and was an associate of James Mann?

Elzey is a name closely associated with the Ballard family in Somerset County, Maryland.  That Elzey family is believed to descend from a John Ellzey who left a will dated 23 September 1633 and proven 12 November 1633 in Southampton County, England.  The will names his wife Joan, his sons Arnold, Thomas and the “undutiful and ungracious son Henrie”; his daughter Elizabeth Bennett, and his grandchildren John and Arnold, the sons of his son Arnold.  Curiously, though stated to be underage, his grandson John is named the executor.

Will of John Ellzey, 23 September 1633, Prerogative Court of Canterbury, 12 November 1633, PROB 11/164/568.

In the name of God Amen I John Ellzey of the towne and countie of Southampton merchant being at this present through infirmities not well in my bodie but sound and perfect in my understanding senses and mynd doe first and chiefly bequeath my soule unto Allmyghty God beseeching his divine mercy to be mercifull unto mee for all my offenses committed in my whole life tyme which I trust assured he to obtaynee onelie by the death and passion of my Saviour and Redeemer Jesus Christ wholly relying upon his merritts and ———- all deeds or thoughts that in all my sinfull life may clayme any interest towards my salvation ffurther renouncing all other interssions or Advocates but onely by Jesus Christ the righteous acknowledgeing before God and the world that I am fully and absolutely settled in the religion now professed within the kingdome of England and France by the Saviour in good order established in the church within the said kingdome If it shall please God in this my sicknes to take mee out of this case of misery I committ my bodie unto the earth to be interred within the Chancell or Church of Holy Crosse and for personall Estate I doe bequeath in manner and forme following

To pay my funerall and debts Imprimis my ffunerall and debts being paid and defrayed to by a note left and Sealed up together with this my last will and Testament I doe find that by my estimate and envalued by my self my said personall estate to amount unto sixteene hundred fortie two pounds eleaven shillings all debts and charges being paid defussed and I doe ordayne constitute and appoint my welbeloved and deere grandchild John Ellzey now the younger to bee absolutely and intirely my Executor and if it ——- the said child to dye during his minority then I doe ordaine and Constitue Arnold Ellzey his ffather and Arnold Ellzey his sonne to bee I—- Executors or the Survivor of the elder of them to see this my last Will and Testament performed

Item I doe bequeath unto my wife Joane the sume of three score and six pounds thirteene shillings and fourteen pence and to have her maintenance of dress lodgeing and house—ing during her naturall life and for apparell I think shee hath inough during her life provided shee give a just and true inventorie of all her household stuffe to which are under her charge To say —— plate bedding ——- woolings rings and other small things of gold brasse copper pewter and all other utensills whatsoever which I have truly rated in grosse and undervalued at two hundred and ffourtie seven pounds or thereabouts

Item I bequeath unto my sonne Thomas Ellzey who although hee hath beene disobedient and —— and other ———- in marrying without my consent and s—- the ——ing of this my last will and by a peremptory letter of threatening especially of a certayne house or tenement which I sould and which paid for the same passing it in a legall manner by –aye and recovery before Sir Thomas ffleming knight and Richard Dryton gent being nominated and appoynted for that purpose notwithstanding I give him the some of ffortie pounds and also a lycence for keeping of a taverne within the towne and countie of Southampton which legacy in money to bee paid him soe soone as my debts to Treble that value shall be recovered in

Item I bequeath unto my undutifull and ungracious sonne henrie the some of tenne pounds.

I bequeath unto my sonne Arnold Ellzey the some of one hundred pounds and unto his sonne the child Arnold the some of ffiftie pounds if neither of them prove Executors within the terme of two years after my death.

Item I bequeath unto Elizabeth Benett daughter unto Elizabeth Bennett my daughter a diamond ring cutt Lo-ingay wise

And to my sonne Thomas Ellzey a great —— ring.

And unto my wife a paire of Brace letts of gold which are in my said wifes custodie.

Item and bequeath unto the poore of Hollinwood parish the someof fortie shillings. And unto the poore of St. Lawerence where I was borne the some of twentie shillings. Item I bequeath unto the four ministers within this township some of twentie shillings apeece and unto the preacher that shall make my funerall Sermon the some of twentie shillings. Item my intent and desire is that if it shall please Allmightie God to take mee to his mercy in this my languishing desease that the merchandise remayning now in my warehouse and sellers that they bee forthwith or be speedily as may bee sould unto some goodmen that will give most for them with the consent of my Executors in trust they affording reasonable and rather than —— to give three five moneths for the payment and that the debts now oweing unto mee whych where for the most part allready due bee called in if possible without suites of law.

Item that all the legacies comprehended in this my will bee with and duely paid & performed the debts oweing by mee be not first paid and discharged and the debts oweing unto mee being recovered or soe much as will discharge the said legacies except such particulars as are formerly mentioned as that of my sonne Thomas my sonne Henrie the poore of Hollinwood and St Lawerence parish and the Ministers All which are most convenient to bee presently paid

And in the interim my desire is that my poore family vizt my wife if shee live unmaryed my sonne Arnold his wife and two children with a servant or two ———— to attend remayne and keepe together att a proportionable expenses according unto their legacies every one abateing his charge in the recoverery of the said legacies which principally the highest burdhen will light upon my Executors it is meant that this contynuance shall remayne until the childs minority bee expired and that my sonne Arnold become guardian unto his children provyded they give good security that all such monies as by reason thereof shall come unto his hands bee lett forth either to the towne and Corporation of Southampton at the rate of six per centum or unto such men as the Executors in trust shall find to bee sufficient men and that my said sonne Arnold give such sufficient sureties into the Court of Arches where the will must bee saved that the Executor when hee shall come to age may find his right

And further that if any of the Legaties shall repine threaten or not give a generall acquittance in full satisfaction of such legacies as are hereby given by the Testator for pleasing of the Executors from ——- and all suites of law That then the said legacies soe given shall remayne in the Executors hands And if my expense shall wrise and afterwards the partie conform himself notwithstanding it shall be deducted out of his portion. Item I doe earnestly intreate my worthie good ffriends Mr George Gallop and Mr Edward Exton to undertake the Executorship in trust for performance of this my last will and Testament being a matter of Charity and may hereafter have occaision to make use of thyer friends in the like case

And in token of a remembrance of of my love I doe give unto each of them a peece of Twentie shillings to make them a ring.John Ellzey now whose names are underwritten doe testifie that the twenty third day of September Anno one thousand six hundred thirtie three wee were present at the signing and sealing of this my will. Jas Courtney Mr ? King.

The Maryland Elzey Family

The Elzey genealogy contained in Delmarva Genealogies begins with the John Ellzey who left the will transcribed above.  We’ll provide the first few generations to put them in context.  To see the descent of Charles Ballard, see this link.  The genealogy below presents only the first three generations in America.

1 JOHN ELZEY, merchant of Southampton, England, died 1633, married Joan, widow of _________ Barlow.  She died after 1653, Accomack County, Virginia.  John and Joan were the parents of Arnold.  British Roots of Maryland Families 1799, Old Somerset on the Eastern Shore (OSES): 444.

Second Generation

2 ARNOLD ELZEY, son of John (1) Elzey.  Arnold was father of the following children: 3 JOHN; 4 PETER, born c. 1640.

Third Generation

3 JOHN ELZEY, son of Arnold (2) Elzey, settled in Somerset Co., Md. sometime between 1658 and 1663, died in Somerset Co. May 1663; married Sarah ___________.  Sarah married 1st John Elzey; married 2nd Thomas Jordan, married 3rd Charles Ballard; married 4th Stephen Lufte.  OSES, citing deeds of Somerset Co. 03:192, 07: 121, 08:77.

In 1653 Ralph Barlowe of Accomack Co. Va. Left his plantation to an unborn child but if the child did not live, it was to go to his kinsman John Ellsey.  He also mentioned his mother Joane Ellsey.  Whitelaw, Virginia’s Eastern Shore: 655.

In 1658 John and Sarah Elzey sold his inheritance in Accomack Co. Va. To William Waters and not long after the Elzey family moved up to Somerset Co. Md.  Whitelaw: 657.  In 1660 1,200 acres in Accomack was patented by John Ellsey which he and his wife Sarah assigned to Thomas Leatherbury three years later.  Whitelaw: 831.

Erlindy was patented on 20 May 1663 by John Elzey for 350 acres.  In 1693 John Elzey gave it to his wife Sarah Elzey.  In 1704 Sarah Elzey sold it to Charles Ballard and Eleanor Ballard.  Land Records of Somerset County, Maryland (SOLR): 151.

John Elzey died at Monakin and was buried at his plantation here May 1663.  Somerset County Land Records, Liber IKL.  John Elzey, Jr., son of John Elzie died and was buried at Manokin 1667.  IKL.

Almodington was patented on 10 November 1663 by John Elzie for 1,000 acres.  It was re-surveyed in 1672 and found to be 1,200 acres.  In 1667 John Elzey devised it to his son Arnold Elzey.  The 1666-1723 rent rolls show it possessed by Capt Arnold Elzey, 1000 acres.  On 17 June 1681 Arnold Elzey sold to Sarah Ballard 300 acres.  On 6 February 1705 Arnold Elzey deeded for the use of Somerset Parish 1 acre.  In 1729/33 will of Arnold Elzey he devised to son John Elzey all lands, and to daughters Sarah Elzey and Elizabeth Elzey, land on Manokin River.  Sarah Elzey died unmarried in 1747.  Elizabeth died without issue 1777/81.  John Elzey died 1777.  Plantation to wife Ann Elzey and son Robert Elzey.  On 3 October 1734 John Elzey sold to Jarvis Ballard or 5 shillings, 300 acres now called Exchange.  On 3 October 1734 Jarvis Ballard sold to John Elzey 300 acres that Arnold Elzey deeded on 17 June 1681 to his mother Sarah Ballard.  After her death land to Jarvis Ballard called Recovery, 300 acres on Goose Creek, being part of a 1,000 acre patent to John Elzey.  SOLR:16

At a court held in Somerset Co. on 3 July 1666, it was determined that there was due unto Peter Elzey by Jno. Elzey, dece’d, 2 cows with calves and one heifer from Charles Ballard, now husband of Sarah the relict and admix. of John Elzey.  Archives of Maryland (ARMD) LIV:625.

At Chancery Court, 12 February 1720/21, Arnold Elzey, age c. 60, stated that before his mother, Sarah Ballard, would give consent that her daughter Sarah Ballard should be married to Randall Revell, Jr., Randall Revell (his father) should alienate and make over to the said Randall, his son, and Sarah Ballard, and their heirs, 500 acres of land which Revell’s father promised to do.  Maryland Chancery Court Records (MCHR) CL:590.

John and Sarah had issue: ARNOLD, born c. 1661; John, died without issue 1667.

4 PETER ELZEY, born c. 1640, died 1716, son of Arnold (2) Elzey, married Mry Bell.  OSES:444.

Peter Elzey and Mary Bell were married by Robert Maddock Clarke 11 November 1672.  IKL.

Arnold Elzey, son of Peter and Mary Elzey, born at Manokin 7 December 1674, died and buried 10 January 1674.  IKL.

Arnold Elzey, the second of that name, son of Peter and Mary Elzey, born at Manokin 2 April 1676.  IKL.

Peter Elzey, son of Peter and Mary Elzey, born 14 February 1678.  IKL.

St. Peters Neck was patented on 2 May 1663 by Peter Elzey for 400 acres.  The rent rolls, 1666-1723, show Peter Elzey owning 750 aces with resurvey lines.  In 1715 Peter Elzey willed to daughters Frances Elzey and Elizabeth Elzey.  On 18 January 1721 William Wallace sold to William Stoughton.  SOLR:359.

Peter Elzey recorded his cattle marks in Somerset Co. in 1666.  Citizens of the Eastern Shore of Maryland (COES): 34.

Chance was patented in 1683 by Peter Elzey for 50 acres.  In 1715 Peter Elzey willed to friend William Wallace.  On 11 September 1779 John Elzey of Sussex Co., Delaware sold to Samuel Smith 50 acres.  SOLR:74.

On 17 September 1687 Peter Elsie patented 150 acres in Somerset Co. called Gladstones’ Adventure and 150 acres called Gladstones’ Choice.  Maryland Land Patents (MPL) 25:300, 301; 33:599, 601.

At Chancery Court, 29 November 1710, Peter Elzey, age c. 71, made a deposition regarding the tract called Almodington.  MCHR PC:699.

Peter Elzey died leaving a will dated 8 October 1715, proved 26 September 1716.  To friend Wm. Wallis of Manokin, Somerset Co., 50 acres, Chance, on Jenkins Creek and tract joining the said 50 acres.  To 2 daughters Frances and Elizabeth, remainder of land in St. Peter’s Neck and 150 acres on Nanticoke River.  Witnessed by John Bosman, Sr., John Talbot, Geo. Feabus, Wm. Merer.  Maryland Will Book (MWB) 14:293.

The inventory of the estate was approved on 28 November 1716.  Signed as next of kin: Arnold Elzey, Charles Ballard.  Maryland Inventories (MINV) 37B:204.

Levin Gale, Judge of the Land Office patented 300 acres in Somerset Co., called Elzey’s Care.  It was surveyed in 1716 by Levin Denwood who conveyed the tract to Frances and Elizabeth Elzey who married respectively Francis Crowder and Lewis Rigby who assigned the same in 1734 to the said Levin Gale.  MPL E13:308.

Peter and Mary were parents of the following children (OSES:444): John; Arnold, died 1674; Arnold, born 1676, died 1716 (left issue); Peter, born 1678; Frances, married Francis Crowder; Elizabeth, married Lewis Rigby (left issue)

***

The Archives of Maryland Early Settler database lists the following members of the Elzey family.  Some entries appear to refer to the same person(s).

  • Arnold Elzey, son of John and Sarah Elzey, a minor in 1671
  • John Elzey, transported by 1665.
  • John Elzey, son of John and Sarah Elzey, died in 1671
  • Mr. John Elzey, in Maryland by 1662
  • Peter Elzey, brother of John, in Maryland by 1671, when he was 30 years old
  • Sarah Elzey, by 1664 relict, first of John Elzey and second of Thomas Jordain; by 1671 wife of Charles Ballard of Somerset County.

***

Virginia Elzey Family

Given that the Thomas Elzey named in the 1633 will of John Ellzey was married at the time of its writing, and assuming he was at least 21 years of age when married, that would put his birthdate circa 1612 – more than 100 years prior to a patent taken by Thomas Elzey in Essex County on 22 January 1717 for 484 acres “on the South side of a branch of the Mattapony River against the head of the hunting run in St. Mary’s Parish.”  Land Office Patents No. 10, 1710-1719, p. 353 (Reel 10).

We need to research the family in Stafford, Essex, Richmond, King George to develop a fuller picture of Thomas’ activities and relationships.  We have already identified those transactions in Stafford that involve his connection with Thomas Ballard, and they appear here.  In each instance where Mary Ballard appears in a record, so too does Thomas Elzey/Ellzie, who we assumed was a likely family member.  He very well could be, but he could equally be a relation of Thomas Ballard as well.

Thomas Elzey left a will dated 19 May 1698, proved 11 November 1698, printed in Tyler’s Quarterly, Vol. 24, pp. 275-276.  Online sources fail to transcribe it; an abstract found online states that it names his wife Jane, sons Thomas, Jr., William and John; daughter Sarah Elzey.

The will of his son Thomas Elzey Jr. dated 10 March 1719/20, proved 10 May 1721 also appears in Tyler’s Quarterly, Vol. 24, pp. 276-77.  Thomas married Isabelle Thomasin, the daughter of Simon Thomasin and Patience ________.  Thomas’ brother William is said to have married Isabelle’s sister Margaret Thomasin.

Bland Family in Maryland and Virginia.

Connections with members of the Bland family in Maryland are, at best, tenuous – but compelling.  Our correspondent noted that James Mann and Mary Ballard named their daughters Margaret and Ursula, which corresponds with a stunning coincidence – that a Margaret Bland arrived in Maryland circa 1671, and an Ursula Bland arrived in Maryland in 1674.

  • Henry Bland, transported by 1665.
  • Susan Bland, transported 1661
  • Thomas Bland, of Calvert County, Gent., transported himself 1672
  • Thomas Bland, of Anne Arundel County, rights 1680
  • Ursulah Bland, transported 1674
  • Margaret Bland (Blan), transported by 1671.

This observation is compounded by a pedigree of the Bland family found in Familiae Minorum Gentium, Vol. II (London: Harleian Society, 1895).  At the top is the following note:

This fine pedigree is compiled from three sources : —

1. Dale’s pedigree inserted in the ‘ Duc. Leod.,’ p. 208 & 584.

2. A pedigree compiled on the basis of Dale with additions to the year 1759. Supposed to be the work of Richard Bland of Scarborough.

3. The information of Mrs. Anna Bland of Sion Hill, by which I was enabled to continue the English part of the family to the year 1820.

The pedigree begins with “Roger Bland of Orton, co. Westmorland, temp. Hen. VIII” and a few pages in includes the Virginia lines, including “Theodorick, eldest son, b. at Westover in Feb. 1663; d. there in Nov. 1700” who married: “Margaret, relict of …. Man.”  Two sons are listed: John, who in turn had two sons, but both died without issue, and Theodorick, who died young.  The father of the Theodorick born at Westover was also Theodorick, died 1671, and married Anna Bennett; her second husband was St. Leger Codd; they removed to Cecil County, Maryland c. 1688.

Pedigrees like these are, at times, notoriously inaccurate.  Given the sources, it is conceivable that children have been left out.  It’s entirely possible that Theodorick Bland (1663-1700) and Margaret _______ Man had a daughter Mary, who married (1) James Mann (a cousin by marriage?), then (2) Thomas Ballard of Stafford County, but if this theory is correct, the compiler of that pedigree across the sea in England did not know anything about her, or didn’t care enough to include her.  Clearly women gained short shrift; all that they knew of Margaret, for example, was that she was the widow (relict) of ________ Man.

Our correspondent’s  argument that Mary _______ Mann, the widow of James Mann is a Bland descendant, relies upon coincidences of name and place, which unfortunately, at times, is all we have to go by in genealogical research.  Considering all the evidence as a whole, the conclusion is plausible.  With the occurrence of the name Margaret and Ursula among two Bland immigrants who arrived in Maryland in the 1670s, and the fact that James Mann gave his daughters the same names is compelling, though we would be more comfortable with this conclusion if we knew more about these two women and if they were, indeed, related, but to date we have found no documentation whatsoever about them.  Our correspondent mentioned rather coyly that Mary was the illegitimate daughter of Margaret Bland, but gave no indication of the source of this information, which we have not yet been able to discover.

Two compelling wills recently came to our attention that were published in The New England Historical and Genealogical Register, Vol. XLVIII (January 1894) pp. 111-14.

Thomas Bland, died 1674.

Thomas Bland of London, gen’ 26 August 1674, with a codicil dated 30 October, 1674, proved 29 January 1674. To my grand children Jane and Sarah Moyser two hundred and fifty pounds apiece, to be employed at interest or laid out in buying of several annuities for them. To my grand son Joseph Day fifty pounds, to be employed to put him out to some decent calling when he shall attain to fifteen years of age. To my daughter Sarah Day the wife of Joseph Day one annuity or yearly rent charge of ten pounds by the year during her natural life, issuable and payable out of my lands and tenements at Mildenhall in Suffolk. I give to my son in law Joseph Day and Sarah his wife ten pounds apiece to buy them mourning. I appoint my son Richard Bland and my son in law Joseph Day and Sarah his wife to be executors and do appoint them to give all my linen to my grandchildren. In the codicil he speaks of his grandson Joseph Day as ” now deceased.” Dycer, 2.

Thomas Bland, died 1700.

Thomas Bland, of London, merchant, 25 November 1700, proved 13 January 1700. To my sister Sarah Day ten pounds every year during her natural life, she was living with my executors. Ten pounds to Mary Keemish if she shall live to be lawfully married. Ten pounds to Keenish, my sister’s grandson, at one and twenty. Twenty pounds each to Sarah and Margaret Bland, my brother’s two daughters if they live to be lawfully married. My cousin Lawrance Pendrill. To Ann the servant in my cousin Pendrill’s house forty shillings. To my said sister Sarah Day ten pounds for her mourning cloths at my funeral. To every person whose name is inserted on the back of this will one gold ring of the value about ten shillings. To my cousin Sarah Pindrell the wife of Mr. Lawrance Pindrell all my lands, plantations mortgages, houses, tobacco houses &c, in Ann Arundell County in the Province of Maryland, and also (after the payment or other accomplishment of the said contingent legacies) all my negroes, cattle, horses, mares, household stuff, debts in money and tobacco, ready money, plate, goods and chattels whatsoever, either in England or Maryland or elsewhere. And I make my cousin Lawrance Pindrell and Sarah his wife my sole executors. Dyer, 2. July 1652.

It’s clear from the second will that this Thomas is the son of the elder Thomas Bland, who was probably omitted from the will because he was living overseas in Anne Arundel county, Maryland.  It’s likely that the Margaret and Ursula who came to Maryland in the 1670s are of the same line.

Could the Thomas Ballard of Stafford County who married Mary _________ Mann be the son of the Thomas Ballard who arrived in Maryland in 1676?  Yes, though we would prefer to have additional data that would support this conclusion.  We do know from the records that this Thomas associated with the leading families of Stafford County — among them Fitzhugh, Waugh, Gowry, Elzey, which suggests descent from a prominent, well connected family, which points to descent from the Ballards of York county.

Looking at other Ballard lines — namely the Ballards who settled in Albemarle who were closely allied with the Mills and Clopton families — supports that idea if this was indeed the father of Bland Ballard, and then by extension the closeness of the Mills family with the Ballards of York and Albemarle extends to Bland, which would mean that this Thomas Ballard would be more closely allied with other descendants of Thomas Ballard of James City County.  If true, then it suggests that Bland Ballard of Spotsylvania and his brothers really are descendants of Thomas Ballard of James City County, and that Mary, the widow of James Mann, is a descendant of the Blands who settled in Maryland and Stafford county, Virginia.

 

Ballard v. Ballard in Chancery, Isle of Wight County, Virginia (1798).

Below is the transcription of selected records from a Chancery file among the records of Isle of Wight County and made available by the Chancery Records Project at the Library of Virginia.

Ballard v. Ballard, a suit brought by Robert, Elisha, Augustus and Ellen Ballard by John Eley, their next friend, against Joseph Ballard, represented by Mills Eley, his guardian, appointed by the Court.

The last will and testament of Elisha L. Ballard appears to have not survived, though it is referenced below and names his children, and his intentions summarized in the complaint — that is, a life estate in all the real and personal property conveyed to Sally unless she married, in which case she would receive only a life estate in her third of the estate, then on her death the real property divided among all of male heirs, and all of the personal property divided among all of the children (male and female).  We have seen notes online ascribing many more children to him than are named here; those efforts are clearly in error.  The will of his wife Sally Ballard is indexed in the Isle of Wight records; we have not yet seen it.

It appears the lawsuit was filed in the November Session, 1798 and continued into August 1800, when this decree was entered. Sally Ballard’s will was entered into probate 4 December 1798, so she likely died around October 1798.  The plaintiffs were the infant children of Elisha and Sally; the defendant for purposes of the complaint was their elder brother, who was represented by his guardian, Mills Eley.  Under common law, a person under the age of 21 was legally an infant, which means all of these children were born between 1777 and 1796.

It seems peculiar that the “infants” would bring suit against their eldest brother, but it was likely a legal expediency to claim their share of the estate and enable the eldest, Joseph, to obtain title to his property and get on with his life.

To the Justices of Isle of Wight County sitting in Chancery respectfully complaining show unto your worships your Orators and Oratrix Robert, Elisha, Augustus and Ellen Ballard by John Eley, their next friend.

That Elisha L. Ballard of the county aforesaid departed this world after having duly made and executed his last will and testament in writing dated the twenty-fifth day of January in the year of Christ one thousand seven hundred and ninety-six and recorded in the District Court holden in the town of Suffolk.

That he left Sally Ballard his widow and Robert, Elisha, Augustus and Ellen Ballard with a certain Joseph Ballard his children.

That in his lifetime and at the time of his decease he was legally seized and possessed of a considerable estate both real and personal.

That by his will aforesaid, he gave the use of his estate to Sally Ballard his wife so long as she lived single, and then bequeathed to her the loan only of one third in case of her marrying.  He afterwards devised to his said wife the whole of his land should be equally divided among his sons which should be now living, and finally willed that all his personal property should be equally divided among his children generally.

That Sally Ballard the widow of the testator remained single and unmarried until her death, which lately took place [note: her will was probated 4 December 1798, Isle of Wight Co. Va. Will Book Vol. 11, 1798-1804 (Reel 27), pp. 141-42; Inventory & Appraisal, p. 259], and that she enjoyed the total emoluments of her said husband’s estate during her short life agreeable to the tenor and meaning of his will.

And your orators further state that they and Joseph Ballard are the only persons entitled to the aforesaid estate, and that a distribution of the same among them cannot be legally and effectively accomplished without the interference of this court, according to the intention of the said Elisha L. Ballard dec’d on account of the infancy of the children.

In further consideration whereof, and for as much as your complainants are without remedy at law, they solicit the interposition of your worships.

To the end therefore they pray, that the said Joseph Ballard may be made defendant to this bill, and that he make true and proper answer to all and singular the allegations herein contained, and that as fully as if the same were here again represented and more especially that he discover whether Sally Ballard the widow of Elisha Ballard is not dead, and whether the complainants are not infants, and they lastly pray that your worships will decide that a distribution of the estate of the said testator be made among them and the aforesaid Joseph Ballard according to his will, and that a fit and qualified person may be appointed to fulfill the same, or make such other or further decree in the circumstances as shall be consistent with justice and equity.

May it please, etc.  Richard W. Byrd.

***

The Answer of Joseph Ballard by Mills Eley, his guardian appointed by the court.  To the bill of complaint exhibited against him in the Court of Isle of Wight County by Robert, Elisha, Augustus and Ellen Ballard through James Wills their next friend.

The respondent being convinced of the truth of all the allegations contained in the bill of the complainants, and being advised that a legal distribution cannot be effected on account of the infancy of the children, without an order of this court is perfectly willing to submit to the same.  And he hopes that your worships will not only decree such a division as is asked for in their bill, but also nominate a guardian so appointed to the same on behalf of the infant complainants.  And he finally prays the case dismissed with his costs in his behalf necessarily suspended. [January 1800].

***

In pursuant to the above decree hereunto annexed we the commissioners named in said decree have made a division of the lands and tenements of Elisha L. Ballard, dec’d, between his four sons, to wit, Joseph W. Ballard, Elisha L. Ballard, Robert M. Ballard & Henry Augustus Ballard & also made partition of the slaves of said dec’d between the said four sons and a daughter by the name of Ellen Ballard agreeable to the bill and last will & testament of said dec’d as will appear hereafter stated, viz:

The manor plantation on Blackwater valued at £351.15

The land in Currywaugh £453.0.0

The land in [a long “S”, perhaps indicating ditto] £236.10.5

This is followed by a list of the names of slaves and their division among the children along with the land.  Written on the rear of the page: August 1799.

Who Were the Richard Ballards (Bullards) Active in Virginia Trade in the 17th Century?

To our knowledge, no one has tried to place the various Richard Ballards (Buller, Bullerd) who appear in the earliest Virginia records.  We’ve looked at the problem occasionally, and felt it worthwhile to have another look.  The records are scant.  Unfortunately, rather than reaching a conclusion, what follows is a collection of records that name individuals who may be related, and with further study perhaps relationships might be teased out.  Or not.  The records below span a great period of time and we are not suggesting that they are the same person, or even related.  We present this because a name or place might suggest a connection or an avenue to explore, and a reader may notice something that escaped this compiler.  So if you recognize something, do share the information.

First we turn to the land patents, which most researchers know should be looked at with care, because of the abuses that accompanied their issue.

***

Richard Bullerd and a Thomas Bullerd are listed in a patent taken 20 September 1654 by Col. Humphrey Higginson and Abraham Moone.

Col. Hump. Higgenson & Abraham Moone, 2,000 Westmoreland Co., on S. side of Petomeck Riv. & S.W. side of a N.W. branch knows Ohoquin Riv., 20 Sept. 1654, p. 302.  Beg. at a swamp dividing this & land of Col. Thomas Burbage.  Trans. of 40 per: Mrs. Hegginson, Susan Russell, Tho. Own, Do. Hanerly, Robt. Ornery, Wm. Price, Duntan (or Duncan) Grey, John Wooles, Eliz. Hutton, Tho. Riley, Wm. Whetstone, Ja. Wmson. (Williamson), Lucy Philips, Tho. Potbellied, Tho. Clear, Peter Hargrove, John Meares, And. Buttler, John Orton, Nich. Limbos, Rich. Sarson, Eliz. Jury, Dan Rouse, Eliz. Barne, Rich. Bullerd, Tho. Bullerd, Wm. Furbusher, Negroes: John, Kate, Thom., Jeny, Betty, Ann, Humphry, Franke, Mow., Sugar, Mihill, John & Madge.   Nell Marion Nugent, Cavaliers and Pioneers, Vol. I (Baltimore: Genealogical Publishing Co., 1983), p. 298.

The most interesting thing about this particular patent is it may show a couple of headrights claimed from one of the rare surviving passenger ship lists enumerated in John Camden Hotten’s The Original Lists of Persons of Quality, 1600-1700 (London, 1874).  One of the lists is for a voyage by the ship George dated 21 August 1635, commanded by Jo: Severne that departed Gravesend.  Among the names enumerated (and their ages) are Humfrey Higginson (age 28), Tho: Bullard (age 32), and Ann Higginson (age 25).  This is likely an example of an immigrant stockpiling headrights and using them at a later date to assemble a large parcel of land, assuming the headrights awarded in 1635 were not used until 1654 — 19 years later.

Abraham Moone had dealings with Thomas Ballard of James City County, when on 15 October 1657, he obtained a patent for 600 acres “on South Peanketanke”, which was assigned to Ballard by Abraham Moon (who had patented the land on 1 November 1634).  This transaction was further acknowledged in the York records, where by an instrument dated 24 August 1655 and recorded 20 December 1655, Abraham Moone assigns 600 acres (“lying & being in Pyanketanke & on the head of Pyanketanke River, granted by Edward Diggs, Esq., Gov.”) To Tho: Ballard. “Acknowledged by Abraham Moone at the Court House before Major Wm. Barber, Mr Jerom Ham & Mr Gyles Moody, & afterwards re-acknowledged the same day before several other persons August the 24th 1655 being the same day wherein itt was assigned to me. Test: Tho: Ballard, Cl. Curia.” Ballard appears to have taken pains to avoid the appearance of impropriety. York Co. Va. Deeds, Orders, Wills No. 1, p. 275.

Some researchers have speculated that this Thomas Bullard was the father of Thomas Ballard of James City County, but there simply is no proof to support it.  Thomas Ballard of James City County, given his family connections (being a member of the Governor’s Council and an intimate of Sir William Berkeley, for example), and the fact that he arrives on the scene in 1652 in the lucrative position of Clerk of York County, a position he held for 11 years., among others.

***

A Richard Ballard is listed as a headlight in a patent issued to a Thomas Busbie (Busby) on 14 January 1656.

Thomas Busbie (Busbie), 400 acs. Surrey Co., 14 Jan. 1656, p. 49, (73): On S. Side of the Western branch of the head of upper Chippoakes Cr., beg. on Mr. Moseleys line near the path that goes to Mr. Barkers &c. to John Barrows line.  Trans of 8 per: Peeter Spicer, Eliza. Paine, Wm. Gray, Jane Barker, Anth. Hellbent, Tho. Busby, Rich. Ballard, Cicely More.  Nugent, Vol. I, p. 335.

***

On 25 September 1663, a Mr. Richard Buller patented 1,200 acres.  The location of the patent is uncertain, nor is it clear if the land was ever seated.

Mr. Richard Buller, 1200 [acres] lie in in New begin Creeke, beg. at the mouth of Doctors Cr., running up the first mentioned Cr. &c., together with a small Island against the mouth of Doctors Cr.  25 Sept. 1663, p. 101 (595).  Trans. of 24 per: Math. Smith, Artick Slatter, Joane Risding, Richard Ward, John Carey, Hester Sarkese, Robt. Mason, James Cranedge, Thomas Horne (or Herne), Robt. Mason, Henry Warner, Thomas Turvor, John Mathews, John Pargetor, Sense Johnson, And. Armstrong, Dorothy Bankes, Tho. Rich, Edward Mosby, Tho. Read, Mary Memorish, Sarah Read, John Tapt, Wm. Sacum.  Nugent, Vol. I, pp. 428-9.

***

On 3 February 1670, a Mr. Richard Buller took a patent in Henrico County.  Again, it is unclear if the land was ever seated.

Mr. Richard Buller & Mr. Tho. Batts (Batt).  378 A., 1 R., 24 Po., Henrico Co., N. side of Appomattock Riv., against the middle of the Indian towne; beg. at a Spring bottom. adj. George’s field at the river. &c; 3 Feb. 1670, p. 343.  Trans. of 8 per: Jno. Stephens, Ann Williams, Margaret Bumpas, Joan Bishop, Hen. Bennett, Robt. Luddington, Jno. Ellis, Jno. Rosser.  Nugent, Vol. II, p. 89.

***

Virginia Colonial Records Project – Survey Report No. 10996 – Public Records Office, Class C 24/697 – Court of Chancery

Case of William Holliday v. Joseph Saunders

Interrogatories: Sale of tobacco at Rotterdam

p. 5-14.   Deposition of Richard Ballard – January 23, 1646/7

After his arrest, Holliday asked this deponent to speak to the defendant so that they might come to some sort of arrangement  Saunders maintained that the plaintiff owed him £3,000 but the plaintiff denied this and said he was owed £1,000 by Saunders.  They finally agreed to put the matter to arbitration and before Holliday was discharged he agreed to give a warrant in King’s Bench for £2,500.  Stresses this was not in respect of any money due to the defendant from the complainant.  But the defendant now maintains that it was for a real debt which was false.  Plaintiff then filed a bill in Chancery against the defendant’s opinion and the defendant put in an answer in which he acknowledged that the £2,500 was not given for any real debt.  He later amended it to say that the money was indeed for a just debt.  He now refuses to change his answer.

***

Virginia Colonial Records Project – Survey Report No. 5868

Port Books; Port of London; Surveyor General of the Subsidy of Tonnage and Poundage; exports of Merchants Indigens and Denizens.  “All goods entered in this Report were destined for Virginia.”

Survey Report p. 4

22 Jan. 1675/6.

In REBECCA: Thos. Larrimore.

5. Rich. Bullard; 2 barrels qt. 1 3/4 cwt. gunpowder; 1 cwt. wro. iron; 4 cwt. birding shot. 8 shillings.

***

Survey Report p. 5

13 July 1676.

In RICHARD AND ELIZABETH: Mich. Prynn.

16. Rich. Bullard; 22 pieces qt. 200 goads cottons; 12 series qt. 144 lbs; 6 doz. men’s swollen, 4 doz. men’s worsted hose; 1/2 cwt. haberdashery; 6 bed rugs; 4 doz. felt hats; 12 doz. shoes qt. 120 lbs; 12 small saddles; 2 cwt. hard soap; 1 1/2 cwt. wrk. brass; 6 cwt. wrk. iron; 2 cwt. cheese; 5 cwt. nails; 4 cwt. sugar; 4 bush. salt.  £2.10.1.

***

Virginia Colonial Records Project – Survey Report No. 6044,

Port of London. English merchant’s imports to London; record made by the Controller of Tunnage and Poundage.  29 Dec. 1677 – 28 Dec. 1678.  “Each entry gave the name of the merchant that of the ship’s master, together with the place where the goods were freighted….The great majority of goods shown in this report were freighted in Virginia, and it is not repeated here. If they come from other places, this is shown.”

Survey Report p. 62 – 8 August 1678

Merchant: Richard Ballard

Ship’s Master: Anthony Gester

Shipped 5,991 pds. tobacco, Subsidy 23.14.3 1/2, Add’l Duty 21.14.8 1/2.

***

Survey Report p. 69 – 25 August 1678

Merchant: Richard Ballard

Ship’s Master: Anthony Gester

Shipped 2,110 pds. tobacco, Subsidy £8.7.1/2, addl. duty £7.14.6.

***

What’s to be made of this?  Without additional evidence, it is not prudent to assume that the vagaries of 17th century spelling may mean that these records pertain to the same person.  “Buller,” for example, while possibly a mangled spelling of “Bullard” or “Ballard” must also be acknowledged as a distinct family name.  Without proof that this was simply a mis-spelling, the names must stand as they appear on the page.  For example, we have found instances of road orders in Caroline County, Virginia, where an order lists the property owners along the road and in one instance the name appears, for example, as “George Bullard” in one order, then “George Ballard” in a later one.

***

There does appear among the records of the Prerogative Court of Canterbury two wills: one of Richard Ballard, a Merchant in London in 1688, and his son, Robert Ballard, in 1707.  This is not to say that this Richard is the Richard who had dealings in Virginia, or the Richard related to a Thomas, but having the names of associates can help sort all of this out.  Many thanks to Paul Ballard for finding, transcribing and publishing these wills on his Ballard Genealogy & Heraldry website.  For ease of comprehension, each will is broken up into paragraphs.

Please note that we have found no proof that this particular Richard Ballard had dealings in Virginia, or any connection to Virginia.

Will of Richard Ballard, London

Public Record Office, PROB11/392 folio 132 r, Prerogative Court of Canterbury

Dated 8 June 1688, probated 4 August 1688.

This is the last will and testament of me Richard Ballard of London, Merchant.

First and principally I commend my soul into the hands of Almighty God my Creator assuredly believing that through the death and passion of Jesus Christ my Saviour and Redeemer I shall have eternal life. As for my body I commit it to the earth to be decently buried at the discretion of my executrixes hereafter named.

And as for and concerning the disposal of such worldly estate as God of his goodness hath given me I give and bequeath the same as followeth.

Imprimis  my will and mind is my personal estate shall be divided into three equal parts one third part whereof I give and bequeath unto my loving wife Mary Ballard in full of all claims and demands due to her out of my estate by any law usage or customs whatsoever.

One other third part thereof I give and bequeath unto my loving children George Ballard Katherine Ballard Robert Ballard and Benjamin Ballard equally to be divided betwixt them in full of all claims or demands which they can or may at any time hereafter have claims or demands out of my personal estate by any law usage or custom whatsoever

[a]nd the other third part of my personal estate after my funeral expenses discharged I will and bequeath unto my said loving wife Mary Ballard to her own proper use

And I make constitute ordain and appoint my said loving wife Mary Ballard and my loving sister Alice Stanford widow executorixes of this my last will and testament.

And lastly I do hereby revoke and make void all former wills by me made at any time heretofore made publishing and declaring this to be my only last will witness my hand and seal this eighth day of June Anno Dmi One thousand six hundred eighty eight and in the fourth year of the reign of King James the second of England etc. Richard Ballard, signed sealed published and declared by the said testator for and as his last will and testament in the presence of William Gittins Anne Watts Hugh Hunt serv.

Probate London 4th August 1688 to Mary Ballard and Alice Stanford

***

Will of Robert Ballard, Shoreham, Kent

Public Record Office, PROB11/499/337, Prerogative Court of Canterbury

Dated 17 January 1707, probated 5 February 1707.

In the name of God Amen. I Robert Ballard of Shoreham in the county of Kent gentleman being sick and weak in body but of sound and perfect mind and memory (praised be God) do make this my last will and testament in manner following

Imprimis my soul I recommend to Almighty God my body I commit to the earth to be decently but privately buried according to the discretion of my executors hereinafter named and as touching such worldly estate wherewith it hath pleased God to bless me my will and mind is and I do <hereby> dispose thereof in manner following.

I will that all such debts as shall be owing from and at the time of my decease shall be well and truly paid and satisfied.

Item I do hereby give and bequeath unto my loving sister Catherine Akehurst wife of Alexander Akehurst of London merchant[i] the sum of  £128 to be paid to her out of the first monies that shall arise or begotten in of my said estate.

Item all my wearing apparel whatsoever and my horse with the saddle bridle and furniture I do hereby give and bequeath unto my loving brother George Ballard of Shoreham aforesaid gentleman.

Item all the rest and residue of my said estate (not before hereby bequeathed) both real and personal whatsoever and wheresoever I do hereby give devise and bequeath unto my said loving brother and sister the said George Ballard and Catherine Akehurst equally share and share alike but my will is touching the personal part of the said last mentioned legacy and bequest that the part and share thereof so by me given and bequeath to my said sister shall be paid and delivered into hands of Mr Nathaniel Maidstone of London merchant and my said brother George Ballard in trust for my said sister to be by them laid out in purchasing an estate to such uses <and> she shall direct and appoint or put out at interest by and with her consent liking and approbation and that her said husband shall not anyways informed or have to do therewith without her consent and I do hereby make and appoint my said brother and sister the said George Ballard and Katherine Akehurst jointly and severally executors of this my last will and testament and do hereby revoke countermand and make void all other wills testaments bequests and legacies by me at anytime heretofore made bequeathed or given and do hereby declare this and no other to be my last will and testament.

In witness whereof I have hereunto set my hand and seal the 17th day of January in the sixth year of the reign of our sovereign Lady by the grace of God of Great Britain France and Ireland Queen defender of the faith etc. Anno Dmi 1707 – Robert Ballard signed sealed published and declared by the testator Robert Ballard for and as his last will and testament in the presence of – John Gillott– Joseph Sanson – Joseph Skinner

Probate granted in London on the 5th February 1707 to George Ballard and Katherine Akehurst.

[i] Robert had a sister Catherine married to Alexander Akehurst. There is a marriage between Catherine Ballard and Alexander Akehurst 07 AUG 1705 at Lincolns Inn Chapel, Holborn, London, England

***

Could this Alexander Akehurst be a relation of Daniel Akehurst, a prominent Quaker who divided his time between Virginia and North Carolina?  That’s a connection certainly worth exploring.  What follows below is taken from NCPedia.org.

Daniel Akehurst (c.1653-c.1699)

Daniel Akehurst (Ackhust, Acorst, Akust), colonial official, was born in England, probably in Sussex. He settled in North Carolina in the early 1680s. Akehurst was a devout Quaker and served as a minister much of his life. In 1671 he was seized at a Quaker meeting in Hastings, Sussex, and was fined and imprisoned in “a nasty hole called the Darkhouse” for participating in the meeting. In 1675 he made a missionary trip to New England. Akehurst’s permanent removal to America was associated with his appointment to the North Carolina council as proprietor’s deputy by a fellow Quaker, John Archdale, who had recently bought a proprietorship in Carolina. The appointment was made 26 Mar. 1681. Akehurst arrived in North Carolina at some date before December 1684, by which time he owned a plantation in Pasquotank Precinct. His official position was then only nominal, for John Archdale also had come to the colony and was himself performing the governmental duties he had delegated to Akehurst. It is not certain that Akehurst actively served as council member at any time in the 1680s, although Archdale returned to England in 1686. Of the sparse surviving records of that decade, only one, a will proved before him in 1688, indicates that Akehurst held an office of any sort. His earliest service on the council for which there is clear evidence was in January 1693/94.

At some time after 1 Sept. 1688, Akehurst moved to Warwick County, Va., probably because of the disorders attending the banishment of Governor Seth Sothel. Although Akehurst subsequently returned to North Carolina in active official service, he claimed Warwick County as his residence the remainder of his life.

In early December 1693 Akehurst was at his Virginia plantation preparing to return to North Carolina. By that time the Carolina proprietors were reorganizing the government of their colonies and making other reforms to alleviate the grievances that had led to the earlier disorders. Akehurst was to be secretary of the colony as well as council member in the reorganized government.

By January 1693/94 Akehurst was in North Carolina serving as secretary and council member, positions in which he was active until his death. There is indication, but no clear evidence, that he also served as acting chief executive for brief intervals in early 1694, when Philip Ludwell, then acting governor, was frequently absent from the colony.

As member of the council, Akehurst was ex officio justice of the general court until the fall of 1697, when the composition of the court was changed. He was ex officio justice of the court of chancery throughout his tenure as council member. In 1695 he was appointed deputy collector of customs for Pasquotank and Little River District. In 1696, and probably other years, he was escheator for the colony. In the spring of 1699, he and Henderson Walker were sent to Virginia to settle the long-standing boundary dispute, but the mission failed, when Virginia officials refused to recognize the commissions held by the North Carolina agents. Later that year Akehurst served on a commission to investigate a charge of murder, subsequently found false, brought against a group of Indians.

In private life Akehurst was a planter and attorney. He owned plantations in both Virginia and North Carolina. In the 1690s, however, he did not live on his Pasquotank property but made his North Carolina home on a plantation, leased from John Archdale, on New Begun Creek.

Akehurst was John Archdale’s personal attorney as well as his governmental deputy. He not only handled legal matters for Archdale but also managed the proprietor’s North Carolina properties. Other clients included residents of Virginia, Pennsylvania, and Bermuda as well as North Carolinians.

Akehurst was active in Quaker affairs in both Virginia and North Carolina. He was associated with the Little River Monthly Meeting in North Carolina and with the Warwick River meetings in Virginia. In 1698 and 1699 he entertained Thomas Story, the English missionary, in his Virginia home, where Story preached several times. He accompanied Story on visits to other Virginia meetings, to a number of which Akehurst himself had preached. North Carolina Quakers, in recording Akehurst’s death, paid tribute to the fervor of his ministry among them.

There are minor discrepancies in the records about the date of Akehurst’s death, but it seems clear that he died in Virginia in November or December 1699 or January 1700. Akehurst was survived by his wife, Ann, and a daughter, Philochrista (Filiachristy, Filia). There are indications that Ann was Akehurst’s second wife, but the records are not clear. His first wife may have been a Mary Akehurst who, like Philochrista, was listed without identification among Akehurst’s “transports” when he proved his headrights. No other reference to Mary Akehurst has been found in North Carolina records. Ann, whose name does not appear among the “transports,” seems to have lived chiefly on the Virginia plantation, which appears to have been her own property before her marriage to Akehurst. Philochrista was in North Carolina with her father much of the time. By July 1699 she had married a North Carolinian, Joseph Jordan.

Akehurst bequeathed his North Carolina property to Philochrista and his Virginia property to his wife. For some years after her father’s death, Philochrista and her husband lived on the plantation that Akehurst had rented from John Archdale. Ann continued to live on her Warwick River plantation.

 

Re-visiting the Descent of Francis Ballard of Elizabeth City County, Virginia (c.1675-1719/20).

The descendants of Francis Ballard, the son of Thomas Ballard of James City County, Virginia, are a difficult lot to understand.  They resided in the Hampton Roads area, in Elizabeth City County and Warwick County, both extinct and now known as Hampton and Newport News.

The discovery of a news story out of Philadelphia describing the murder of a Mr William Ballard of Hampton piqued our interest in discovering where he fit in.  One thing led to another, and the result is a complete re-working of this line, which appears below.

No doubt there are errors in what follows, and any information to help clarify these relationships would be welcome.  And there are still loose ands to attend to, such as the ancestry and descent of an Edward Ballard of Elizabeth City County (c.1694-1728), who does not fit within what is outlined here, even though the name crops up in later generations, and other items that simply cannot be resolved for lack of data, such as the reference to the estate of a William Ballard in Warwick in a land tax list of 1788.

Francis Ballard Sr of Elizabeth City County, Virginia (c.1676-1719/20).

Francis Ballard, son of Thomas Ballard of James City County, Virginia, was born probably c. 1675 in James City County.  In 1693 and 1694 was sub-Sheriff of York County,1 and sheriff of Elizabeth City County in 1705.2

He appeared on the Quit Rent Roll of 1704 with 460 acres in Elizabeth City County (with the notation next to his name, “per Selden”).  He may have lived in Hampton, Elizabeth City county, for on 18 September 1718 he sold a lot in the town.3  On 2 December 1718 he purchased another lot in Hampton that he had previously purchased, but probably failed to build on.4  In 1704 he served as justice of the peace and again in 1716, and in 1705 Sheriff of Elizabeth City County; in 1710 to 1712 he was a Burgess for Elizabeth City County.  He was appointed with Henry Irvine and Joseph Curle to dispose of several lots in Hampton.5

He married c. 25 December 1699 Mary Servant (Elizabeth City Co. Va. Deeds, Wills, Misc., 1688-1702, p. 218 (133)), who died before 10 March 1719/20.6

Besides the marriage record, we have found mention of Mary Ballard in one other document, when on 19 March 1713, she witnessed the will of Sarah Curle, which named her daughter Mary Jenkins; son-in-law Captain Henry Jenkins; daughter Sarah, wife of Joshua Curle; daughter Judith Bayley; son Joshua; son John; son Nicholas.  Other witnesses were: Elizabeth Jenings and Euphan Roscow.  Recorded before 15 September 1715, Elizabeth City Co. Va Book 1715-21, p. 13.

Mary (Servant) Ballard was the daughter of Bertrand Servant, who was born c. 1632 in France.  He died between 1 November 1707 and 18 November 1707, when his will was recorded in Elizabeth City county.7

In the Name of God Amen, the first day of November in the year of our Lord God 1707

I Bertrond Servant in Elizabeth City County in Virginia gentlemen being very sick & weak in Body but of perfect mind & memory Thanks be given to God therefore calling unto mind the mortality of my Body & Knowing That appointed for all men once to Die do make and ordain This my Last will and testament principally and first of all I give and recommend my Soul unto the hands of God that gave it and for my Body I recommend to the earth to be Buried in a Christian like manner at the discretion of Executors nothing doubting but at the General Resurrection I shall receive the same again by the Mighty Power of God and as Touching such worldly Estate wherewith it hath pleased God to bless me in this life I give devise and dispose of the same in the following manner and form.

Imprimis, I give and bequeath to my Dearly Beloved Daughter Frances George the sum of one hundred Pounds sterling to be raised & levied out of my Estate.

Item I give and bequeath to my Dearly beloved Daughter Mary Ballard the sum of 100 pounds to be Raised & levyed out of my estate and the benefit of half the stock upon the plantation and to Enjoy the plantation peaceably between Mary & my beloved son James till he becomes of age at 20 years and that if Francis Ballard my son in law will go to the charge of Runing the Plantation That Sam Selden has called the Strawberry Banks to Keep it and enjoy it for himself & his Heirs and in case That the goods come in Safe from England which are mine to be divided between my Three children Frances George, Mary Ballard and son James Servant but my grand children to have fifty pounds more.

Item To my Daughter Mary Ballard I give Mortenique, Hannah & Sue for her and her Heirs.

Item I give an bequeath to Elizabeth Marinburgh my cow Browing & a feather bead with Bolster pillow & Blankets belonging. Item I give and Bequeath each of my grand children the sum of 50 pounds a piece an in case my goods arrive safe from England here I give and bequeath to each of them 50 pounds more.

To Peter Proby 50 pounds, Rebecca Long 50 pounds onely and to my grand children Servant Ballard & Francis Ballard 50 pounds each but in case the goods come safe 50 pounds more Rebecca Long Excepted I give my grand daughter Frances George the sum of 50 pounds & 50 pounds more in case the goods come safe.

Item I give and bequeath to my dearly Beloved son James Servant all my lands and houses in Town and my plantation and houses in Town to him and his Heirs and Tony Judy Emmanual, Jack Samson & Toffe these negroes to him forever. I likewise make and appoint and constitute and ordained my Executors of this my will and Testament my friend and loving Son James Servant and Frances Ballard and my loving friend James Burtell and John George my sole Executors of this my last will and Testament by them to do justice and I doe hereby utterly disallow Revoke and disannull all every other former Testament Wills and Executions. Desire James Burtell to manage my sons Business for him till he comes of age. I disallow my Executors By me any ways before this Testament Willed and Bequeathed Ratifying and confirming this and no other to be my last will and Testament. Witness hereof set my hand and seal the day and year above written. Signed Sealed Published and Provened and Delivered by the said Bertrond Servant as his Last Will and Testament in the Presence of us the Subscribers. Joshua Curle, James Howard, Thos Faulkner (seal) Elizabeth City County. Proved in Cur. the 18 day of November 1707 by the oaths of Joseph Curle, Thos Faulkner two of the Witnesses and admitted to Record. Tests. Charles Jennings cl Cur.

On 24 December 1716, F. Ballard, with Thomas Howard and William Bossell appraised the estate of James Burtell.  Elizabeth City Co. Va. Book 1715-1721, p. 86.  On 17 May 1718 he was an appraiser of the estate of Major William Armistead, Sr, with John King and Joseph Banister (Elizabeth City Co. Va. Book 1715-21, p.113).  On 1 September 1718 he appraised the estate of James Gilbert, with James Ricketts and William Smelt.  Elizabeth City Co. Va. Book 1715-21, p. 225 [interestingly, Mary Gilbert was qualified as security with Joseph Wragg and William Winterton; Mary Gilbert’s bond was signed by Henry Robinson and William Sorrell on 18 June 1719, Elizabeth City Co. Va. Book 1715-21, p. 206 and 285 — could this be a connection to a progenitor of the William Sorrell Ballard who resided Southside?].  Francis Ballard was appraiser of the estate of Captain Henry Jenkins, again with John King and Joseph Banister on 17 August 1719.  Recorded Elizabeth City Co. Va. Book 1715-1721, p. 208.

Francis Ballard was dead after 10 March 1719/20, when his will was written in Elizabeth City county (some sources give a date of 12 March 1719/20) and recorded in Elizabeth City County on 16 March 1719/20.

Francis Ballard of Elizabeth City County, Lawful Debts and funeral charges paid.   Son, Servant Ballard one Silver Tankard, My silver hilted sword and my silver watch.

Daughter Frances Ballard six silver spoons a cordial silver cup and the cover six silver guilt tea spoons the choyce of feather beds one pair holland sheets one boulster 2 pillows a silk guilt and calecow curtains & c.

Daughter Mary one silver Paringer and one silver spoon one silver Salner The second best feather bed boulster and 2 pillows one pr of holland sheets.

Daughter Lucy one silver Porringer one silver spoon and a dram silver Tumbler one feather bed one boulder 2 pillows one Rugg two blankets one pair sheets.

Daughter Ann one silver porringer and one silver spoon and one small silver spoon.

Son Francis one Point silver tumbler and a silver Tobacco box and ½ peut tumblers.

Remainder of plate to be equally Divided betwix 2 sons Servant and Francis.

Daughter Mary one rugg and one pair of Blankets one new black hood.

Daughter Ann one feather bed one boulster two new pillows one Rugg and Pr Sheets Two blankets.

Daughter Francis a silke Scarfe and the best black hood.

Daughters Mary and Ann a Remnant of Callico to be equally divided and all the Remnant of stuff to be divided between my daughters Lucy and Ann.   Rest of personal Estate sold at Public auction.

Son, Servant Ballard all my land upon James River side joining on Mr. Jennings Containing 100 acres to him and to The male heirs of his body lawfully begotten for ever.

Son Francis Ballard the remainder of my land being 84 acres being the remainder of my pattent be it more or less to him and to the male heirs of his body lawfully begotten forever.  Should Servant and Francis dye without male issue said land to be equally Divided betwix my four daughters Frances, Mary, Lucy and Ann.

54 pounds to be paid to Mr. Perry out of my personal Estate. Mr. John Curle Senior, Mr. Alexander McKenzie, and Son Servant Ballard Executors.8

Francis’ will fails to name his wife; presumably she pre-deceased him.

A word should be included on the death of a number of members of the family in 1719 and 1720.  Francis Ballard, his nephews Matthew Ballard and William Ballard of York county all died in 1719; Francis and Matthew just days after writing their wills and William dying intestate.  Given that two of the three had the wherewithal to write their wills during their last days, most likely their lives were claimed by a virulent respiratory disease, such as influenza or pneumonia, for the Boston News-Letter reported that in 1720 it was a “sickly” time in Virginia and that many persons were dying “of a Fever with a pain in their Side and Breast.”9

The children of Francis Ballard and Mary Servant were:

SERVANT, born before 1707 (having been named in the will of Bertrand Servant), likely c. 1700.

Frances, likely born c. 1701; was living 10 March 1719/20.  She may have married Charles Bailey.  See James Ballard of Warwick County, Virginia.

Mary, likely born c. 1702; was living 10 March 1719/20.  She may have married Carter Tarrant.  See James Ballard of Warwick County, Virginia.

Lucy, likely born c. 1703; married Samuel Galt (1700-1761).  She is probably the Lucy Ballard who witnessed the will of Ann Wallace on 14 March 1739, with John Selden.  Ann Wallace devised property to her granddaughter Mary Westwood; grandson James Westwood; the children of her daughter Ann Armistead; grandson Matthew Ballard [the son of Matthew Ballard of York County]; grandson George Wythe; granddaughter Mary Wallace; daughter-in-law Martha Wallace; son James Wallace.  The executor was her son, James Wallace.  Recorded 18 February 1740, Elizabeth City Co. Va. Book 1737-1749, p. 99.

Anne, likely born c. 1704.  Many researchers have assumed that this Anne married Captain Henry Talman, but this is probably incorrect.  The will of Elizabeth Ballard of Charles City County (contained in the page for her likely husband, William Ballard of Charles City County) specifically names her daughter Anna Talman; Cabell names an Anne Elizabeth Ballard, the daughter of Thomas Ballard of Charles City County as the wife of Henry Talman.

FRANCIS, likely born. c. 1705.  Born before 1707, like his brother Servant received a bequest from his father’s will of land that was located in Warwick County, Virginia. His was a smaller allotment (and named second in order of succession), so we assume that he was the younger son.

Endnotes:

1. “25 June 1694. Mr Francis Ballard, an appointee of his brother Thomas Ballard, High Sheriff of this county, was sworn to the performance of office as under sheriff.” York Co. Va. Records Book 10, p. 4.

2. Cabell, p. 101.

3. Deed from Francis Ballard, Gent., Parish & Co. Of Elizabeth City, to [George?] Sweny, Gent., Town of Hampton, Parish & Co. Aforesaid, Lot in Hampton.” Recorded 15 October 1718, Elizabeth City Co. Deeds & Wills, 1715-21, p. 151.

4. “Francis Ballard of Parish & Co. Of Elizabeth City, 5 shillings current. Lot in Town of Hampton, co. Elizabeth City (which said Lott was by the said Francis Ballard purchased of Nick Carter, Gent., one of the feoffees of the co. Aforesaid, by deed dated 18 May 1708.” Elizabeth City Co. Deeds & Wills, 1715-21, p. 184.

5. “Francis Ballard, Henry Irvine & Jos. Curle feofees appointed by order of Elizabeth City Co. To dispose of the several half acres of Lotts of town land to the purchasers or takers up thereof.” Elizabeth City Co. Deeds & Wills, 1715-21, p. 154.

6. The William & Mary College Quarterly, Volume 5 (1897) p. 57.  Cabell writes that the date is 12 March 1719.

7. Recorded Elizabeth City Deeds & Wills, 1704-30.

8. Recorded 16 March 1719, Elizabeth City Co. Deeds & Wills, 1715-21, p. 244.

9. Boston News-Letter, No. 830, March 7-14, 1720, cited by John Duffy, Epidemics in Colonial America (Baton Rouge: Louisiana State University Press, 1971) p. 190. There were no newspapers published at that time in Virginia; The Virginia Gazette did not begin publication until 1736.

A. Servant Ballard of Warwick County, Virginia (c.1700-1748).

Servant Ballard, the son of Francis Ballard of Elizabeth City County, Virginia, was born between 1700 and 1707; certainly no later than 1719/20.  He appears in very few records, which are listed below.

A Virginia Colonial Records Project Survey Report notes among the records of the Board of Trade is found the following endorsement: “Memorial of Loss, sustained by Samuel Smith of Virginia Owner of the Sloop Catherine (Servant Ballard Master) taken in February 1728.”  Survey Report No. 1376, Public Record Office Class C.O. 388/92, 1728-1730, Lists and Indexes No. XXXVI (List of Colonial Office Records preserved in the P.R.O.) p. 334.

Servant Ballard appraised the estate of Joshua Curle, Jr., with Anthony Tucker, John Moore and Richard Hawkins, on 21 February 1732. Recorded Elizabeth City Co. Va. Order Book 1731-1747, p. 46.

In May 1732, “Servant Ballard negro Boy Hampton is adjudged to be eleven years of age.”  Elizabeth City Co. Va. Order Book 1731-1747, p. 22.

Servant Ballard witnessed the will of Bertrand Proby dated 4 November 1736 (in which Proby devised to his wife Sidwell; son Servant John Proby, with reversion to son Minson Turner Proby; son Bertrand; son Thomas; son Peter; daughter Mary Gilbert; daughter Rebecca; daughter Elizabeth; daughter Jane. Executors wife Sidwell and son Servant John Proby. Dated 4 November 1736, recorded 18 May 1737. Witnesses James Gilbert and Servant Ballard. Recorded Elizabeth City Co. Va. Book 1737-1749, p. 12. Original Will.

In 1738, the following notice appeared in The Virginia Gazette: “Clear’d out.  Scooner Darby, of North Carolina, Sarvent Ballard, Master, for James River, with Pork, Corn, Wax, Tallow, &c.  The Virginia Gazette, 25 August 1738, p. 3.

Servant Ballard, David Meredith & Thos. Faulkner witnesses to the Indenture of John Batts, which was recorded 21 May 1748.  Elizabeth City Co. Va. Deeds & Wills, 1736-1753, p. 79.  We need, however, to verify the date this document was executed.

The name of his wife is unknown.  We suspect, however, that she may have been Mary Roe, the daughter of Ann Roe, because of connections between the Meredith and Tarrant families.  Unfortunately she just as easily could have been the wife of Servant’s brother, Francis.

Ann Roe’s will dated 31 October 1747 names her daughter Mary Ballard.

Will of Ann Roe (abstract).  To daughter Grisel; daughter Mary Ballard; daughter Ann Moore; daughter Sarah Cooper; daughter Elizabeth Merriday; daughter Cathrin Boutwell; daughter Margaret Merriday [likely Meredith]; daughter Ellenner Mitchell; daughter Luce Loyal.  Exs. Mr. John Moore and Abraham Cooper.  Recorded 8 June 1748.  Witnesses Robert Brough, John Bennett.  Abraham Cooper qualified security, Samuel Jones and Adam Boutwell.  Recorded Elizabeth City Co. Va. Book 1737-1749, p. 292.

But note in the Order Book 1747-1755, there is a suit in Chancery that includes Mary Ballard, Jno. Moore and Ann, his wife, Sarah Cooper, Eliza Meredith, Adam Boutwell and Catherine his wife, Margaret Meredith, Grissell Roe, William Loyal and Lucy his wife, complainants against Ann Roe and Eliza Roe, Respondents in Chancery.  “It is ordered & Desired that the Heirs at Law pay unto the complainants £5, 14, 8, Each as their proportionate part of the appraised value of the slaves of Edward Roe Senior deceased & that the costs of this Suit be equally born by all the compet & the Defts.  Elizabeth City Co. Va. Order Book 1747-1755, p. 172.  This entry tells us that Mary Ballard was a widow; had she been married, her husband would have been named in this suit.  Her husband probably died c. 1748.

Given that the 100 acres in Warwick County devised to him by his father was later sold by a Servant Ballard in 1792, we have proof that he had at least one son, James Ballard, whose name is recorded in the Order Books of Elizabeth City County.

Servant Ballard and ______________ had issue:

JAMES, born before 1748.

A.1 James Ballard of Warwick County, Virginia (c.1748-c.1773).

James Ballard of Warwick County, Virginia, the son of Servant Ballard of Elizabeth City County, was likely born c. 1748.  He resided in Warwick County, Virginia on property that passed to him from his father, Servant, that was devised to Servant by his father, Francis Ballard of Elizabeth City County, and later passed to James’ son Servant.  Unfortunately (for us) he must have lived the bulk of his life in Warwick whose records are now lost, for the only mention of him we have found is in the Elizabeth City County Order Books, for on 26 January 1785 we see that Servant Ballard “came into court and made choice of George Hope for his guardian who is approved of by the Court with Bagley his security.”  Elizabeth City Co. Va. Order Book 1784-1788, p. 781.  That fall, another order dated 24 November 1785 states that “George Hope guardian to Servant Ballard orphan of James Ballard deceased being summoned to render an act. of the said orphans Estate.”  Elizabeth City Co. Va. Order Book 1784-1788, p. 201.  George Hope was again called to render an accounting 2 December 1785.  Elizabeth City Co. Va. Order Book 1784-1788, p. 204.

His wife was likely Rebecca Meredith, who survived him.  Confirmation of this remains elusive, but we have evidence from secondary sources that a Rebecca (Meredith) Ballard, a widow, married George Hope c. 1774.

Servant’s choice of George Hope as his guardian is a valuable clue.  Who was George Hope?  According to notes published in The William and Mary Quarterly, Vol. 8, No. 4 (Apr., 1900), pp. 257-258:

George Hope, of Hampton, Va., was born in Cumberland, England, March 28, 1749. He came to Virginia from White Haven about 1771, and married Rebecca Meredith Ballard, sister to Capt. Joseph Meredith, who served in the Revolution as captain of the privateer La Fayette.  George Hope superintended the construction of gunboats for the Virginia navy during the Revolutionary war at Warwick on the James, “thus assisting in establishing the independence of our country.”

George Hope married Rebecca (Meredith) Ballard March 5, 1774. Children: 1 George, born June 5, 1775; 2 Sarah, born July 25, 1777; 3 Meredith, born October 5, 1780; 4 Isaac, born April 5, 1782; 5 John, born January 25, 1786; 6 Isaac, born August 3, 1787 ; 7 Joseph, born March 31, 1789 ; 8 Thomas, born November 27, 1790; 9 William, born November 30, 1792; 10 Wilton, born January 1, 1795.

A young male upon reaching 14 years of age, by law, could select their own guardian.  Servant Ballard would have been 14 years of age or older in 1785, putting his birth year at 1771, which corresponds with his sale of the 100 acres in Warwick in 1792, something he could legally do upon reaching the age of 21.

The other important corroborating evidence is the Will of Mary Tarrant that was recorded 22 April 1796, which devises the proceeds of a prospective judgment to her nephews Servant and John Ballard.

Will of Mary Tarrant (abstract).  Dated 1790.  Legatees: Frances Bayley; nephew William Bayley, a bond due me from James Latimer; nephew Charles Bayley, a bond due me from Miles King, Esq., nephew Thomas Bayley; if a claim due me from the United States Government be recovered to be divided between my nephews Servant and John Ballard and niece Rebecca Baker.  Executors: George Wray and John Ashton Wray.  Witnesses: Pascow Herbert, William King, Samuel Healey.  Recorded 22 April 1796, Book 1787-1800, p. 297.  Original Will.

She was probably the widow of Carter Tarrant, whose own will mentions that “my friend William Ballard has died.”

Will of Carter Tarrant (abstract). Dated 28 July 1783. Legatees: wife Mary; son Leonard; son Francis; daughter Jane Talbot; daughter Mary Carlton; daughter Kitty, debt due me from the estate of John Riddlehurst. Executors friend William Ballard and son Francis Tarrant. Witnesses: Elizabeth Brough, Ann Brough, Robert Brough. Codicil dated 15 October 1784: Whereas my friend William Ballard has died, executors wife Mary, friend Robert Brough and son Francis Tarrant. Witnesses: Elizabeth Brough, Ann Brough, Sally Wilson. Recorded 28 October 1784. Original Will. Blanch Adams Chapman, Wills and Administrations of Elizabeth City County, Virginia 1688-1800 (Baltimore: Genealogical Publishing Company, 2008) p. 92.

We know Mary Tarrant was a widow because she appears holding real property in a real property tax list of 1787 — the same list that includes Servant Ballard as an “orphan.”  Please note that at the time, an orphan was an individual who lost their father; their mother could still be living.  See Bob’s Genealogy Cabinet, Orphans & Guardians.  The will of Charles Bailey, dated 8 March 1794, names his wife Frances and his sons William, Charles and Thomas, confirming that Mary Tarrant’s maiden name was not Bayley/Bailey.  Mary Tarrant and Frances Bayley may very well have been sisters of James Ballard; these were the names of two of the sisters of the elder Servant Ballard and his brother Francis Ballard.

Excursus: Mary Tarrant’s Claim from the United States Government Referenced in the Will

Mary Tarrant was possessed of a slave named Caesar, who during the American Revolution served as a pilot of the schooner Patriot and captured the British brig called Fanny.  After the war, Carter Tarrant re-claimed Caesar as his slave, who was devised to his widow Mary Tarrant in his will of 1784.  The General Assembly, however, wished to reward Caesar with his freedom and appointed a mediator.  Tarrant agreed to his emancipation, and she was given a certificate stating the amount she was to receive for Caesar’s freedom, which she presented to the state auditor of accounts.  In return, she received a warrant to the treasurer who was to pay her from the legislative fund.  Caesar was “manumitted and set free to all intents and purposes” on 14 November 1789.  Oscar Reiss, Blacks in Colonial America (McFarland: Jefferson, N.C., 1997, p. 250).  Apparently at the time of the drafting of the will, Mary Tarrant had not yet been paid.

From Hening’s Statutes at Large, Chapter 13, p. 102.

CHAP. LXXXIV.

An act for the purchase and manumitting negro Cæsar.

(Passed the 14th of November, 1789.)
WHEREAS it is represented to this Assembly, that Mary Tarrant of the county of Elizabeth City, hath her life in a negro named Cæsar, who entered very early into the service of his country, and continued to pilot the armed vessels of this state during the late war; in consideration of which meritorious services it is judged expedient to purchase the freedom of the said Cæsar; Be it enacted by the General Assembly, that the executive shall appoint a proper person to contract with the said Mary Tarrant for the purchase of the said Cæsar, and if they should agree, the person so appointed by the executive shall deliver to the said Mary Tarrant a certificate expressing such purchase and the sum, and upon producing such certificate to the auditor of accounts, he shall issue a warrant for the same to the treasurer, to be by him paid out of the lighthouse fund. And be it further enacted, that from and after the execution of a certificate aforesaid, the said Cæsar shall be manumitted and set free to all intents and purposes.

A biography of Caesar Tarrant (given below) gives additional insight into the Tarrant family.  According to this biography, Caesar Tarrant was devised by Carter Tarrant to his wife Mary for life, and after her death to his son Francis.  It is not clear from the abstracts consulted whether the Mary Tarrant who left a will dated 1790 is indeed Carter Tarrant’s widow; had she named the same children in her will as Carter had, there would be no question, but in her will she devised what are essentially unpaid debts to her sister and nephews and niece.  It could be that Carter’s will was fairly comprehensive and she had no property to dispose of herself apart from the bonds and the claim against the United States Government (perhaps she received a life estate for all personal property).  Given that the action to manumit Caesar Tarrant originated with the Commonwealth of Virginia and not the United States Government, it is not clear what the subject of the claim might be.  Additional research is warranted.

Caesar Tarrant (c. 1740-1797), patriot, was born into slavery, probably at Hampton, Virginia. The identity of his parents is unknown. In his early adulthood, Caesar was sold to Carter Tarrant upon the death of his master Robert Hundley. His purchase price exceeded the normal price for male slaves because Tarrant had a particular skill, that of a river pilot. Just how Tarrant acquired the skill is unclear. Typically, the Tidewater area river pilot was white and passed the skill on to his son. In any case, Tarrant would eventually use this skill to parlay his freedom.

Sometime prior to the American Revolution, Tarrant married Lucy, the slave of neighbor John Rogers. This so-called “broad”marriage of slaves who resided apart from one another produced three children.

Throughout his life, Tarrant longed for his family’s freedom. The American Revolution provided Tarrant with the opportunity to secure his own freedom. As a pilot his knowledge of the waterways could have been valuable to either side. John Murray, Lord Dunmore, the last royal governor of Virginia, promised in his 1775 Proclamation freedom to all runaway slaves who would join his “Ethiopian Regiment.”

Many African Americans decided to do just that. Indeed, many more African Americans actively supported the British than the patriots. Tarrant, however, for reasons that are not known, chose to support the patriot cause. This was fortunate for the patriots, as Tarrant quickly demonstrated his abilities. His skill induced the Virginia Navy Board to appoint him a pilot in the Virginia State Navy, one of seven such appointments. For three years Tarrant successfully piloted a number of vessels, enhancing his reputation as a skilled and valiant pilot.

Among the several ships Tarrant piloted was the tender Patriot. In 1777 a group of ships commanded by Commodore Richard Taylor encountered the British naval vessel Lord Howe. When it appeared that the British privateer would escape, Taylor personally took command of the Patriot, piloted by Tarrant. Tarrant skillfully maneuvered the faster ship, which succeeded in ramming the larger and better-armed British vessel. Fierce fighting resulted in numerous deaths and injuries on both sides, including Taylor, who was shot. Nevertheless, Tarrant’s skill and bravery in the face of enemy fire earned him praise from his captain, who stated he had “behaved gallantly.”

In addition to this engagement, Tarrant piloted the vessel when the Americans captured the British ship Fanny, which was attempting to bring supplies to British troops in Boston. Although the Patriot was later itself captured, no record indicates that Tarrant was on board at the time.

Following the Revolution, Tarrant returned to the status of slave despite the heroism he had displayed. His master Carter Tarrant continued to make money from his slave’s important skills. When Carter Tarrant died in 1784, Caesar Tarrant was willed to Mary Tarrant, Carter Tarrant’s wife. The will stipulated that Caesar Tarrant was to remain her slave for her natural life and, further, he was to be given to Francis Tarrant, their son, upon the death of Mary. If it had not been for the intervention of the Virginia General Assembly, Caesar Tarrant might not have seen freedom for himself.

In 1789 the Virginia General Assembly moved to secure Tarrant’s freedom. The reason for this action is not clear, though numerous possibilities exist. Other pilots who were his friends may have petitioned in his behalf, the navy board may have taken some action, or Tarrant may have petitioned. What is clear, however, is that Tarrant was finally free by 1789.

By the act of the assembly, “in consideration of which meritorious services it is judged expedient to purchase the freedom” of Tarrant, a representative contacted Mary Tarrant and expressed the assembly’s intention to manumit Caesar Tarrant. After the purchase price was agreed upon, a certificate manumitting Caesar Tarrant was issued to Mary Tarrant. Having become a free man, Caesar Tarrant, infected with what Benjamin Quarles termed blacks’ “contagion of liberty,” then worked to secure the freedom of his family.

At the time of Tarrant’s manumission, his wife and children were held in bondage by John Rogers. In 1793 Rogers manumitted Lucy and their fifteen-month-old daughter Nancy. The other children, Sampson and Lydia, remained enslaved, presumably because of their high value. What prompted the manumissions is not clear. It is not known if Caesar Tarrant worked for Rogers, Tarrant raised the money through his own efforts, or Rogers felt some need to liberate the mother and young child. The “Reason for Manumission” expressed in the records of Elizabeth City County simply state that Lucy was the “wife of Caesar Tarrant” and Nancy was the “daughter of Caesar Tarrant.” Payment of some specified amount or “faithful service” as indicated for others manumitted were not listed as reasons for Lucy or Nancy’s freedom.

With part of his family free, Tarrant purchased a lot in Hampton in a section where white river pilots lived. This further indicated how highly regarded Tarrant was among this closed brotherhood of river pilots. Indeed, these white river pilots petitioned the legislature in 1791 to include skilled black river pilots among those granted licenses. They more than likely thought of Tarrant as they fashioned this request.

Yet freedom proved ephemeral. Although Tarrant had the respect of his peers, was now a property holder, and apparently continued to pilot the rivers, he, like other free African Americans, could not fully enjoy the benefits of liberty. As an African American he could not vote or hold public office, neither could he testify against any white person nor serve on a jury. Full citizenship was reserved for others; “freedom” for African Americans was limited. Robert Francis Engs has argued that Hampton may have been something of an anomaly among southern communities as there appeared to be a strong “cordiality between” the races. Yet even there Tarrant’s dream for his family went unrealized.

Tarrant died in Hampton, Virginia, only eight years after receiving his freedom, while his two older children remained in bondage. The thirst for freedom–Tarrant’s legacy–was not abandoned by his descendants and heirs. His will specified that all his property be given to his wife and upon her death the proceeds from the sale of that property be used to purchase his eldest daughter’s freedom. Whatever remained was to be given to Tarrant’s son, Sampson. In a concluding comment, Tarrant asked the county court to “see justice done my children.”

After another twenty-five years, Lydia obtained her freedom. Prior to that, she was sold to a Norfolk resident for the sum of $250. When in 1822 her mother was able to purchase her freedom, Lydia herself left a child in bondage. The fate of Sampson is unclear, because his name disappears from the records. It is possible that he died still enslaved. What is clear, however, is that despite Tarrant’s contributions to American freedom, he, like so many antebellum African Americans, was unable to secure justice for his children.

From American National Biography, published by Oxford University Press, Inc., copyright 2000 American Council of Learned Societies.

Servant Ballard’s Guardian, George Hope

George Hope left a will dated 1818, which indicates that his wife Rebecca was still living  Unverified sources online state that she died in 1821.

Will of George Hope, 1818

In the name of God, amen, I George Hope of the Town of Hampton and County of Elizabeth City, being of sound mind and perfect memory, praised be God, but calling to mind the shorting of life and certainty of death, do make and ordain this my last will and testament and thereby dispose of such worldly estate as God of his great mercy has been pleased to bestore upon me in the manner following:

I give unto my son George Hope one hundred and twenty nine acres of land bought of William Cary and Mary Smallwood, adjoining the land of Thomas Jones.

I give unto my daughter Sarah Wills, the plantation known by the name of Round Ponds.

I give unto my son John Hope, one hundred and fifteen acres of land adjoining Capt. William Armestead. Known by the name of Gustwoods, which I bought of Worledge (?) Westwood and Thomas Latimer. I also give him Isaac and Charlotte and at his mother’s death give him George Washington.

I give unto my son Thomas Hope, one hundred and fifteen acres of land known by the name of the Gustwoods being the other half of the tract which I gave my son John Hope and adjoining him on the East. I also give him at his mother’s death Abraham and a part of the plantation known by the name of Bethel, extending from the southwest end of the barn and running from thence along the road to the line between Thomas Jones and myself, from hence down the line as far as Back River and bounded on the North by a ditch being the line between him and his brother Wilton Hope.

I give unto my son William Hope he Academy and lot whereon it stands, bounded by my son George Hope on the east and the upper falls in the Mill Garden, which said falls is the line between William and George Hope, from thence extending Westward until it joins by son Thomas Hope on the South by Charles M. Collier and on the North by a line leading to the Academy. I also give him one hundred and nineteen and a half acres of land known by the name of Sawyer’s Swamp together with the houses and orchards thereon. I also give him Peter and at his mother’s death I give him Poimu and Mary.

I give up to my son Wilton Hope a lot in the shipyard bounded on the East by John Hope, on the South by Hampton River, on the West by William Hope and on the North by the street with a reservation between him and John Hope of seven feet for a road to the shipyard and at his mother’s death I give him the other part of the plantation known by the name of Bethel, including all the houses thereon with an apple and peach orchard adjoining his brother Thomas Hope on the South and Thomas Watts and Henry on the North and Back River on the West. I also give him the house on the shipyard which was formerly occupied as a schoolhouse and at his mother’s death I give him Merica, Caesar and Lucy.

I give unto my daughter-in-law Ann Pool [the widow of his son, Joseph Pope] sixty acres of land adjoining Robert Armestead on the East and William Hope on the West being a part of the same tract.

I give up to my beloved wife Rebecca Hope, Jinny. I also lend her during her natural life the plantation known by the name of Bethel. Also Merica, Pincus, Caesar, George Washington, Abraham and Lucy. Also the choice of two rooms in the house of her son William Hope. I giver all the stock of a cattle of every description with all my books and furniture of every kind. At the death of my beloved wife that part of the plantation known by the name of Bethel, with Merica, Caesar and Lucy returns to my son Wilton Hope. The other part of said plantation with Abraham to be possessed by my son Thomas Hope. Primus and Mary to be possessed by my son William Hope. George Washington to be possessed by my son John Hope. I do hereby nomate and appoint my sons George and William Hope joint executers of this my last will and testament in witness there of I have hereunto put my hand and seal, this twenty-third day of November in the year of our Lord eighteen hundred and eighteen.

George Hope

Test; William B. Armistead, William Skinner, James Thomas

George Hope Will, 1819 July, proved by the oath of Mr. Skinner, one of the witnesses. Proved on the twenty-sixth day of Augest 1819 by the oath of James Thomas and William B. Armistead. Recorded and examined by W. Armistead, Clerk.  Recorded Elizabeth City Co. Va. Will Book 4, 1701-1859, p. 490.

James Ballard and Rebecca Meredith had issue:

Servant, born c. 1771, died after 1794.  A “Servant Ballard (orphan)” appears on a property tax list for Elizabeth City County dated 1787.  If he were an “orphan” that year, this indicates that he was younger than 21 years of age, but by 1792, by a deed dated 29 February 1792, he conveyed 100 acres in Warwick County to Isaac Avery. If he was able to sell land in 1792 (note that the land had been entailed in the devise from Francis Ballard, but entails were abolished after the American Revolution), that would put his birth date at approximately 1770.  Lost Records Localities Digital Collection, Warwick Co., (Va.) Records, Servant Ballard to Isaac Avery, Deed 1792, Library of Virginia, Richmond, Virginia 23219.

This last record is the conveyance of the land that was devised to an elder Servant by his father, Francis Ballard in 1719/20.  We find in the Elizabeth City County Order Books that on 26 January 1785 that Servant Ballard “came into court and made choice of George Hope for his guardian who is approved of by the Court with Bagley his security.”  Elizabeth City Co. Va. Order Book 1784-1788, p. 781.  That fall, another order dated 24 November 1785 states that “George Hope guardian to Servant Ballard orphan of James Ballard deceased being summoned to render an act. of the said orphans Estate.”  Elizabeth City Co. Va. Order Book 1784-1788, p. 201.  George Hope was again called to render an accounting 2 December 1785.  Elizabeth City Co. Va. Order Book 1784-1788, p. 204.  A child age 14 could select their own guardian, which dovetails with our other observations about Servant.

We know from the will of Mary Tarrant that she had two nephews, Servant and John, so absent proof to the contrary (for now) we are assuming that James Ballard had sons Servant and John, and possibly William Ballard, a pilot who met an untimely end in 1784.

This indenture made and executed this 29 day of February anno domini one thousand seven hundred and ninety two between Servant Ballard of Elizabeth City County in the State of Virginia of the one part, and Isaac Avery of the County of Warwick of the other part …

That the said Servant Ballard for and in consideration of one hundred pounds current money of Virginia, in hand paid by the said Isaac Avery to the said Ballard, the receipt whereof he doth hereby acknowledge hath given, granted, bargained, sold, conveyed, confirmed and doth by these present give, grant, bargain and sell, convey and confirm unto the said Isaac Avery and his heirs and assigns forever, a certain tract or parcel of land in the said County of Warwick containing one hundred acres, bounded northwesterly on the lands of the said Isaac Avery, Southwesterly on the lands of Miles Carey, and Westwardly on James River.

To have and to hold (etc.) … [signed] Servant Ballard

Signed and sealed in the presence of Samuel Thomas, Snr., Samuel Dubroe (sp?), Saml. Selden, Nancy, Dalley, John Flax (his mark); Jacob _________ (his mark). Proved at Warwick Court July 12, 1792 by oaths of Samuel Thomas and John Flax; at a Court held Sept. 13, 1792 the same were further proved by oath of Samuel Dubroe (sp?) and ordered to be recorded. Signed: Miles Carey, Cl. Cur.

Other records from Elizabeth City County follow:

In February 1789 his name appeared among a list of persons who purchased items from the sale of the estate of Col. Francis Mallory and Mary Mallory; the accounting was not recorded until 25 October 1798.  Elizabeth City Co. Va. Deed Book 1787-1800, pp. 436-37.

Servant was witness to an indenture between Francis Ross and Miles King on 10 March 1791, for 50 acres on Back River, three slaves, 12 head of cattle, 10 head of sheep.  With John Hunter, Edward Face, David Saunders and John Bean, recorded 22 September 1791.  Elizabeth City Co. Va. Deed Book 1787-1800, pp. 46-47.

On 4 December 1791, he witnessed a deed for the sale of slaves bequeathed by their father, William Parish by Elizabeth Parish, John Parish Jr, William Parish and Mark Parish to Grace Elizabeth Bowery.  The other witnesses were Henry Dunn, Rob. Brough and James Baker.  Recorded 23 February 1792, Elizabeth City Co. Va. Deed Book 1787-1800, p. 62.

On 2 January 1792, Servant Ballard witnessed an Indenture for a lot in Hampton between David Pierce of Norfolk and Warren Hopkins.  The other witnesses were George Hope, J. Smith, Robert Brough, William J. Hunger and John rogers.  The deed was not recorded until 23 January 1793.  Elizabeth City Co. Va. Deed Book 1787-1800, pp. 423-24.

On 17 April 1792, Servant Ballard witnessed an Indenture for 50 acres between Thomas Hatton and Wilson Miles Cary, with Miles King, Thomas Jones, John Perry, George Minson, and Robert Elliott.  Recorded  Elizabeth City Co. Va. Deed Book 1787-1800, pp. 66-67.

On 25 May 1792, he witnessed an Indenture for the sale of slaves and livestock between John Applewhaite and Miles King, with William Kerby.  Recorded 24 January 1793, Elizabeth City Co. Va. Deed Book 1787-1800, pp. 112-13.

On 1 January 1793, he witnessed an Indenture for a lot in Hampton between Warren Hopkin and George Hope for a lot bounded by Wilson Wallace, westerly by William Hunt, northerly by a street commonly known by the name of the Poack Street, and southerly by a branch of the Hampton River.  The other witnesses were T. Smith and Jno. Banks.  Recorded 24 January 1793, Elizabeth City Co. Va. Deed Book 1787-1800, pp. 113-14.

***

A curious record appears in an unexpected place — the diary of one Thomas Lloyd (1756-1827), who was an American Revolutionary and is best known as the creator of American Shorthand.  The diary has been preserved at Villanova University.  Lloyd was incarcerated in London for seditious libel and sentenced to three years in Newgate Prison (from 1794 to 1796).  While in prison he kept a diary with near-daily entries on topics ranging from prison life to recipes for medicines, shipping manifests and the prices of goods.  One such entry in May of 1794 mentions a Servant Ballard:

Ship Ann Servant Ballard at Iron gate mooring ties 2 deck measures 203 tons per Register 9 years dd sails fast to be sold … May at 1/2 past 2 at New Lloyds.

It was common for entries published about shipping to name the ship and its’ commander.  It’s likely this younger Servant Ballard, like many of his cousins, was also a pilot.  This last record from 1794 is the last this compiler has found; perhaps he met his end at sea, or chose to remain in England or some other place he encountered during his travels.

John, who was named a devisee with Servant Ballard in the 1790 will of Mary Tarrant. Mary Tarrant’s will named her sister Frances Bayley; nephew William Bayley, “a bond due me from James Laitmer”; nephew Charles Bayley, “a bond due me from Miles King, Esq.”; nephew Thomas Bayley; “if a claim due me from the United States Government be recovered to be divided between my nephews Servant and John Ballard and niece Rebecca Baker.”  Executors: George Wray and John Ashton Wray.  Witnesses were Pascow Herbert, William King and Samuel Healy.  Recorded 22 April 1796, Elizabeth City Co. Va. D.B. 1787-1800 (No. 34), pp. 297-98.  Note that the will of William Ballard mentions John Ballard and his daughter Mary Ballard, but fails to state their relationship.

There is preserved in the Library of Virginia an undated petition (though it appears, according to the cataloging, to date from 1817) of a Mary Ballard, widow of John Ballard, seeking permission to sell a Lot in Hampton that her husband John Ballard died seized of for the benefit of their infant daughters, Mary Ann and Sally — and please note: anyone under age 21 at the time was legally an “infant”:

Petition of Mary Ballard Widow Etc. Index No. 1817-004

To the worshipfull the justices of Elizabeth City sitting in Chancery humbly complaining unto your Worship your ??.

Mary Ballard widow of John Ballard. Mary Ann & Sally Ballard infant children of said John Ballard departed this life some time in the year seized & possessed of a lot in the town of Hampton with a house thereon. intestate leaving your ??? Mary his widow & your ??? Mary Ann & Sally his only children. Your ??? are informed that whatever lands descend to two or more any of whom is an invent or femme cours, and the of each will not amount to more than one hundred dollars if sold that the court designated by the law shall have power to sell said land and divide the proceeds between those entitled. Your ??? have to show that from the small size of the lot being a fourth only of an acre, and from the ??? of the house being almost in a state of ruin, they are of an opinion that the shares of each will not amount to more than $100. They therefore pray your worship to decree a sale of the house & lot mentioned and a division of the money among your overseers in their proportion as the law requires. And your order is in duty bound will ever pray –

On the petition of Mary Ballard & others praying for the sale of a house & lot in the Town of Hampton of which John Ballard died seized, it is ordered adjudged and decreed that Bagwell W. Pryor & John L. Westwood be and they are hereby appointed commissioners who are hereby directed after advertising twenty days publicly to sell the said lot & house on a credit of six months taking bond with security & a lien on the premises for the payment of the purchase money – After selling the house & lot aforesaid the said commissioners are directed to assign to Mary Ballard in right of her dower one fifth of said sale and to each of the other parties the remaining four fifths in equal portion, to be paid to the guardians of said Mary Ann & Sally Ballard.

Possibly William.  He was probably the William Ballard who proved the nuncupative will of John Riddlehurst, in which he leaves his entire estate to his brother Francis Riddlehurst, November 1761.  Original Will.  (Blanche Adams Chapman, Wills and Administrations of Elizabeth City County Virginia, 1688-1800 (Baltimore: Genealogical Publishing Company, p. 74).

He may be the William Ballard who appeared on list of tithables for Elizabeth City County for 1782, which notes “paid for by Charles Baylis” (Chapman, p. 147).   One may assume that he was likely at sea, and so the tax was paid by a friend or family member.  “Charles Baylis” may be the Charles Bayley named in the will of Mary Tarrant.

William Ballard was named executor with Francis Tarrant of the will of Carter Tarrant, dated 28 July 1783, but a codicil notes that “Whereas my friend William Ballard has died …” and so he names an another executor: wife Mary, friend Robert Brough and son Francis Tarrant.  Original Will. (the will names wife Mary; son Leonard; son Francis; daughter Jane Talbot; daughter Mary Carlton; daughter Kitty, “debt due me from the estate of John Riddlehurst.”)  (Chapman, p. 92).  Given that the will was drafted after the death of William Ballard of Elizabeth City in 1782, we know this does not refer to him.

A news story describing the untimely demise of a Mr. William Ballard of Hampton, Virginia, appearing in The Philadelphia Packet of Thursday, 11 March 1784 (p. 2), which, for ease of reading, given the antiquated typeface, we have transcribed below. The paragraph has been broken into several parts for ease of reading. A link at the end takes you to an image of the original.

By a gentleman from Northampton county, we are informed, that several vessels have been wrecked on the coast during this intense weather, amongst which he mentions a brig from Dublin, with goods and servants, intended for Philadelphia; several of the people died with the severity of the weather, but they had got great part of the goods on shore, which were to be sold at public sale. A schooner from Martinique was likewise lost, and some of her people perished.

A large French ship from the same port, was drove ashore in the snow storm which happened on Monday the 19th of January last, and ten of the people were frozen to death. On board of this ship was Mr. William Ballard, a noted pilot belonging to Hampton; he piloted out a French ship some considerable time since, and the wind blowing very hard, could not be put on shore, and was carried to France, from whence he got to Martinique, where he was recommended to the captain of this ship as a good pilot, and shipped himself in her to come home; but on being off our capes when the snow storm came on, the ship struck on the Middle Ground and sprung a leak; he advised the captain to run her ashore, which was done, but the captain feeling himself and crew in danger of being drowned, he struck Mr. Ballard on the head with a spy glass, and afterwards had him stripped naked and killed him with the pump brake.

This is reported by a young Scotch sailor who was on board, and brought over Mr. Ballard’s watch to Norfolk with him, which his relations knew. They have taken the young Scottish sailor over to the Eastern shore, to enquire more particularly about the murder, that it may be brought to light.

See The Pennsylvania Packet, 11 March 1784, p. 2

William Ballard may have been administrator of the estate of Francis Leanis, but having died, was obviously unable to attend to his duties so alternates were appointed to complete the work on 22 July 1784.  “Ordered that John Hunter, Roe Cooper, Wm. Brough and Robert Brough or any three of them examine state & settle William Ballard’s administration of the estate of Francis Leanis deceased and they are to make report thereof to the next Court. ”  Elizabeth City Co. Va. Order Book 1784-1788, p. 1.

We do not know if William had a will, but none survives, and his estate was probated in 1785, when “An Inventory and appraisement of the estate of Wm. Ballard deceased was returned & by the Court ordered to be recorded.”  Elizabeth City Co. Va. Order Book 1784-1788, p. 781.

B. Francis Ballard, Jr of Warwick County, Virginia (c.1705-c.1748).

Francis Ballard, Jr, son of Francis Ballard Sr of Elizabeth City County, like his brother Servant received a bequest of land located in Warwick County, Virginia from his father’s will.  His was a smaller allotment (and named second in order of succession), so we assume that he was the younger son.

Given that he likely resided in Warwick, there is little record of him due to catastrophic record losses.  We do not find the name in Elizabeth City County until 1758, so we cannot say definitively whether this is the same Francis, or another (his son or a son of his brother Servant or some other relation).  For now we assume those later records belong to the Francis Ballard, son of William Ballard, who we believe is the son of Francis Ballard, brother of Servant.  Here are the connections to support this assumption:

William Ballard appraised the estate of Edward Roe, with Robert Brough and Angus McKay, recorded 20 July 1738, Elizabeth City Co. Va. Deeds & Wills 1737-1749, p.55. The will of Edward Roe mentions his mother, Ann Roe, whose own will names her daughter Mary Ballard.

On 7 October 1755 William Ballard is appointed appraiser of the estate of John Ryland, with Charles Pasteur, Willis Scott and George Johnson. The Administratrix is Grissel Ryland, Security William Naylor and Philip Cowper. Elizabeth City Co. Va. Order Book 1755-1760, p. 26.

The name “Grissel” is an important clue, for a Grissel is named as the daughter of Ann Roe, who left a will dated 31 October 1747 that also names Ann’s daughter Mary Ballard.

Will of Ann Roe (abstract). To daughter Grisel; daughter Mary Ballard; daughter Ann Moore; daughter Sarah Cooper; daughter Elizabeth Merriday; daughter Cathrin Boutwell; daughter Margaret Merriday [likely Meredith]; daughter Ellenner Mitchell; daughter Luce Loyal. Exs. Mr. John Moore and Abraham Cooper. Recorded 8 June 1748. Witnesses Robert Brough, John Bennett. Abraham Cooper qualified security, Samuel Jones and Adam Boutwell. Recorded Elizabeth City Co. Va. Book 1737-1749, p. 292.

But note in the Order Book 1747-1755, there is a suit in Chancery that includes Mary Ballard, Jno. Moore and Ann, his wife, Sarah Cooper, Eliza Meredith, Adam Boutwell and Catherine his wife, Margaret Meredith, Grissell Roe, William Loyal and Lucy his wife, complainants against Ann Roe and Eliza Roe, Respondents in Chancery. “It is ordered & Desired that the Heirs at Law pay unto the complainants £5, 14, 8, Each as their proportionate part of the appraised value of the slaves of Edward Roe Senior deceased & that the costs of this Suit be equally born by all the compet & the Defts. Elizabeth City Co. Va. Order Book 1747-1755, p. 172.

This last entry tells us that Mary Ballard was a widow; had she been married, her husband would have been named in this suit. Her husband probably died c. 1746, so therefore she was not the wife of this William Ballard (son of Francis), and probably the wife of his likely father, Francis Ballard of Warwick County.  Though she could also be the wife of Francis’ brother, Servant Ballard of Hampton, Virginia.

(Likely) Issue:

WILLIAM.

B.1 William Ballard Sr of Hampton, Virginia (c.1721-1782).

Having lived in one of the maritime counties that were oriented toward the sea, William Ballard, the likely son of Francis Ballard Jr of Elizabeth City County, Virginia, is known to have been a pilot.  We believe this William Ballard was a son of Francis Ballard because the property devised to Francis’ son Servant descended to a son named James, then to James’ son Servant; and (2) this William Ballard was of age to appraise an estate, that is, older than age 17 in 1738).

William Ballard appraised the estate of Edward Roe, with Robert Brough and Angus McKay, recorded 20 July 1738, Elizabeth City Co. Va. Deeds & Wills 1737-1749, p.55.  The will of Edward Roe mentions his mother, Ann Roe, whose own will names her daughter Mary Ballard.

On 7 October 1755 William Ballard is appointed appraiser of the estate of John Ryland, with Charles Pasteur, Willis Scott and George Johnson.  The Administratrix is Grissel Ryland, Security William Naylor and Philip Cowper.  Elizabeth City Co. Va. Order Book 1755-1760, p. 26.

The name “Grissel” is an important clue, for a Grissel is named as the daughter of Ann Roe, who left a will dated 31 October 1747 that also names Ann’s daughter Mary Ballard.

Will of Ann Roe (abstract).  To daughter Grisel; daughter Mary Ballard; daughter Ann Moore; daughter Sarah Cooper; daughter Elizabeth Merriday; daughter Cathrin Boutwell; daughter Margaret Merriday [likely Meredith]; daughter Ellenner Mitchell; daughter Luce Loyal.  Exs. Mr. John Moore and Abraham Cooper.  Recorded 8 June 1748.  Witnesses Robert Brough, John Bennett.  Abraham Cooper qualified security, Samuel Jones and Adam Boutwell.  Recorded Elizabeth City Co. Va. Book 1737-1749, p. 292.

But note in the Order Book 1747-1755, there is a suit in Chancery that includes Mary Ballard, Jno. Moore and Ann, his wife, Sarah Cooper, Eliza Meredith, Adam Boutwell and Catherine his wife, Margaret Meredith, Grissell Roe, William Loyal and Lucy his wife, complainants against Ann Roe and Eliza Roe, Respondents in Chancery.  “It is ordered & Desired that the Heirs at Law pay unto the complainants £5, 14, 8, Each as their proportionate part of the appraised value of the slaves of Edward Roe Senior deceased & that the costs of this Suit be equally born by all the compet & the Defts.  Elizabeth City Co. Va. Order Book 1747-1755, p. 172.  This entry tells us that Mary Ballard was a widow; had she been married, her husband would have been named in this suit.  Her husband probably died c. 1746, so therefore she was not the wife of this William Ballard, and probably the wife of his likely father, Francis Ballard of Warwick County.

The Order Books contain a few additional entries for William Ballard.  on 6 October 1762, Wm Ballard served as a Juryman.  Elizabeth City Co. Va. Order Book 1760, p. 108.  On 7 May 1767 Wm. Ballard was paid for 4 days attendance and Wm. Servant Ballard for 6 days attendance as witnesses for Ballard & als.  Elizabeth City Co. Va. Order Book 1760, p. 429.  Could it have been father and son?

The will of Ann Moore dated 27 December 1767 (Ann Roe’s daughter) was recorded 20 years later and also mentions sister Mary Ballard.

Will of Ann Moore (abstract).  To sister Lucy Loyall; nephew Lewis Meredith; niece Jenny Barron, reversion of bequest to her son Archibald Bordland; sister Mary Ballard; niece Sarah Webb; sister Sarah Cowper; sister Elizabeth Jeggitts; to Anne Armistead, the daughter of James Armistead the money he owes me.  Executors Lewis Meredith and Lucy Loyall.  Recorded 29 January 1768.  Witnesses James Cunningham, Mary Tarrant.  Recorded Elizabeth City Co. Va. Book 1763-1771, p. 187.  Original Will.  Lewis Meredith qualified, security Roe Cowper.

William Ballard left a will dated 22 April 1775, which was recorded 28 February 1782 among the records of Elizabeth City County:

Will of William Ballard, Town of Heampton, County of Elizabeth City Pilot.  Just debts and Funeral expenses to be paid.

Son Francis Ballard, negro woman named Tilpha.

Son Edward Ballard, my boat & negro fellow named London. In case said Edward should die without heirs lawfully begotten said negro fellow named London unto my son Francis.

Son James Servant Ballard, house & land with yard & half the garden whereon I now live.

Son Edward Ballard, the houses and land adjoining near Wm. Armisteads lott together with the other half the Garden to be for the use of both Houses.

(Son) James Servant my negro girl named Jenny.

Son Francis Ballard in trust until my two grand Children Wm. Servant and Ann Ballard shall come of age, negro child named Pamela and when my said two grand children Wm. Servant and Ann Ballard shall come of age said Negro Pamela to them.  In case either of my two grand children should die before they come of ageI give and bequeath heror their part to my Son James Servant.

Son Francis shall have care of my said son James Servant until he comes of age.

My will is that my Beaufatt remain as a fixture to the house. Son Edward and Son James Servant a bed & furniture each, rest of personal Estate be sold and after paying my just debts residue equally divided between children Francis, Edward & James Servant.

Mary Ballard, daughter of John Ballard, £5.1

Son Francis & my friend Henry Ring Executors. Witnesses: Banister Minson, Moseley Armstead, Francis Riddlehurst, John Hunter, Miles King.

Codisal, 21 September 1781: Will to stand except that, half of negro girl named Pamela given to grandson William Ballard which said half I give to grand daughter Ann Ballard.  In case said grand daughter die before she come of age or marries Then said girl Pamela with her increas to son James Servant Ballard.  Son James to have silver watch.2

His son Francis declined administration of the will: “This is to certify I do decline administration on the estate of Wm. Ballard deceased.  Feb. 21, 1782.  Frans. Ballard” (Original Wills, Box 1).  His children were:

William Ballard, Jr, was also a pilot like his father.  On 11 January 1767, Jno. Speoning, Town of Hampton, County of Elizabeth City to Wm. Ballard Jr. of the same county, 60 pounds current, about 3/4 of an acre or lot of ground in the town of Hampton.  Bounded by the land of John Cook now possessed by one William Westwood, Charles Cooper, Wilson Miles Cary & al.  Recorded 7 January 1767.  Elizabeth City Co. Va. Deeds & Wills, 1763-1771, p. 112.

27 May 1768.  Edward Cooper of Elizabeth City and Anne his wife to William Ballard, Junior of same county, for 100 pounds.  Land lying on the North Side of Mill Creek containing 47 acres and bounded as followeth, to wit, Beginning at Mill Creek and Running & etc. to George Walkers quarter thence to the lands of Edward Cooper and Philip Cooper etc.  Recorded 27 May 1768, Elizabeth City Co. Va. Deeds & Wills, 1763-1771, p. 220.

William died of smallpox in August 1772, as reported in The Virginia Gazette of 27 August 1772, “William Ballard, Jr, Pilot in Hampton, died there of smallpox last Monday.”3  

The language of William Ballard Sr’s will suggests that the grandchildren in the care of his son Francis are not Francis’ children (especially considering Francis died without issue, as indicated by his will (below)). they were probably the children of William Ballard, Jr, and in which case, his issue were: 1. William Servant Ballard; and 2. Ann Ballard.

Francis, who was of age in 1758, when William and Francis Ballard appear on a Poll for the Election of Burgesses for Elizabeth City County, 11 July 1758, and Francis Ballard again (without William) in a poll of 23 August 1765 (Blanche Adams Chapman, Wills and Administrations of Elizabeth City County, Virginia 1688-1800 (Baltimore: Genealogical Publishing Co., 1980) pp. 144-45.

On 1 January 1760, he appraised the estate of Morris Jones, with Francis Riddlehurst, John Riddlehurst, and Thomas Dixon.  Elizabeth City Co. Va. Order Book 1755-1760, p. 268.

Francis Ballard appraised the estate of William Baylis, a Mariner of the Town of Hampton, 2 January 1760, which appeared in Elizabeth City Co. Va. Order Book 1755-60, p. 270 (with Charles Pasteur, Francis Parker and Francis Riddlehurst).

He witnessed the will of Nathaniel Cunningham dated 27 April 1760, recorded 6 July 1762, with James Bullock, John Sheppard and Ann Cunningham.  Elizabeth City Co. Va. Book 1758-1764, p. 342.

On 5 January 1761 he apparaised the estate of Monson Turner Proby, with Charles Pasteur and John Langley; Robert Armistead, Administrator.  Elizabeth City Co. Book 1758-1764, p. 287.

He is likely the Francis Ballard who appeared in 1782 on a list of tithables for Elizabeth City County with a household of 5 free males, 2 slaves; Edward Ballard and William Ballard (the latter “paid for by Charles Baylis”) appear in the same list (Chapman, p. 147).

Francis Ballard Pet. against William Henderson Deft. attachment.  Dismissed.  23 March 1786.  Elizabeth City Co. Va. Order Book 1784-1788, p. 264.

He was living 25 August 1786, when Francis Ballard and Jno Robinson were executors for James Manson deceased, Pets. against Joseph Needham Deft.  In debt upon bond &c.  Elizabeth City Co. Va. Order Book 1784-1788, p. 323.

Francis Ballard appears to have died without issue between 1802 and 1804 (assuming the grandchildren named in the will of William Ballard were the children of William Ballard, Jr), as evidenced by his will dated 25 November 1802.

Will of Francis Ballard, co. & Parish of Elizabeth City, Town of Hampton. My negroes Jim, Barber, Charlotte, Nell, Rebecca & Phillis (the last two children of Charlotte) after my death to be free, & I lend to them during their lives the use of my kitchen. To Jane Latimore, youngest daughter of James & Priscilla Lattimore, my house & lot in the town of Hampton, all personal estate except negroes to be sold to pay debts, balance equally divided between my two faithful servants Jim Barber & Charlotte.” Executor: friend Capt. James Latimore.4

James Servant, who died without issue before 25 April 1799, leaving a will dated 21 February 1788:

Will of James S. Ballard of Elizabeth City Co., town of Hampton, belonging at present to the schooner Dove. To brother Edward, lot in town of Hampton, he paying to eldest brother Francis Ballard 1/3 the value thereof. To my cousin (or niece) Sarah Ballard, daughter of brother Edward, a negro girl named Jenny. Executor: brother Edward Ballard. Witnesses: John Seymore, Wm. Dunn. Recorded 25 April 1799.5

Edward, who married Mary _____.6  Edward Ballard appears listed in The History of Virginia’s Navy of the Revolution, by Robert Armistead Stewart (Richmond: Mitchell & Hotchkiss, Printers, 1933) p. 143: “Edward Ballard, Pilot and Lieutenant.  Proved by testimony of James Barron.  July 27, 1832.  “He rendered important services during the whole war, as did also Edward Cooper, William Roe Cunningham, William Watkins and James Latimer, Pilots.  Mr. Ballard was promoted to a Lieutenancy for his patriotism, shortly before the close of the war.  The rank of a Pilot in those days corresponded to that of a Junior Lieutenant.”

In the Order Books appears 24 August 1787  “Wm. Armstead and Katherine Armstead Exors. &c. of Moss Amstead dec’d.  Pet. angst. Minion Proby and Thos. Minion Defts.  In Case.  Edward Ballard of this county comes into court and undertakes for the Defendants that in case they shall be cast in this suit They shall satisfy and pay the condemnation of the court or render their bodies to Prison in Execution of the same or that he the sd. Ballard will do it for them etc. etc. etc.”  Elizabeth City Co. Va. Order Book 1784-1788, p. 449.

On 1 May 1791 Edward Ballard with Thomas Jones, John Taner and Warren Hopkins witnessed the sale of personal property and slaves from Grace Brough, the mother of Job Colton’s wife Ann from Job Colton to William Brough. Recorded 22 September 1791, Elizabeth City Co. Va. D.B. 34, p. 42.

He must have been a close associate of William Brough, for on 17 May 1791 he witnessed a conveyance from John Williams to William Brough of a slave named Lancaster on 23 February 1792, with J. Smith. Recorded 23 February 1792, Elizabeth City Co. Va. D.B. 34, p. 63.

On 6 November 1797 he witnessed an indenture between Miles King, acting as executor for Arthur Anderson to David Muray for 75 acres between adjoining the lands of Andrew Bully and Miles King. Other witnesses were John Russell and William Kerby. Recorded 28 June 1798, Elizabeth City Co. Va. D.B. 34, p. 403.

He was named in the will of John Williams, dated 13 August 1797, with John Williams’ wife, Nancy; his daughter, Mary Williams.  Witnesses were Richard H. Hurst, John Britain and Sarah Barron (he was executor with Nancy Williams).  Recorded 25 October 1798, Elizabeth City Co. Va. D.B. 34, p. 441.

On 29 March 1800, Edward Ballard and Mary his wife conveyed to Abraham Cooper, Town of Hampton, for 66 Pounds, 13s, 4d, 2/3 part of a lot belonging to the late James Ballard “left him by his father as will more fully appear by his will” & adjoining lots of late John Hunter and Edward Ballard.  Recorded 24 October 1800.  Elizabeth City Co. Va. Deeds & Wills, 1792-1808, p. 35.

He left a will dated 10 June 1802, recorded 26 February 1808, in which he devised to his wife Mary “all of my estate for life to descend to our [unnamed] issue.  If there is no issue, then property to descend to my granddaughter, Polly Mitchell Barron.”  Witnessed by G. Minson, John S. Westwood and Rebechah Baker [this Rebechah Baker was probably the niece of Mary Tarrant named in her will of 1790.  See James Ballard of Warwick County].  Recorded Elizabeth City Co. Va. Wills, 1800-1858, p. 378.  Issue: Sarah.

Endnotes:

1. It would be very interesting to confirm the relationship of this Mary Ballard and her father, John Ballard to William Ballard. The degree of relationship is not stated in the will, but we believe they are cousins, as outlined in James Ballard of Warwick County, Virginia.

2. Will dated 22 April 1775, recorded 28 February 1782, Elizabeth City Co. Original Wills, Box 1.

3. “William Ballard, Jr, Pilot in Hampton, died there of smallpox last Monday.” Reported in The Virginia Gazette, 27 August 1772.

4. Recorded 26 April 1804, Elizabeth City Co. Deeds & Wills, 1796-1806, p. 320.

5. Recorded Elizabeth City Co. Original Wills, Box 1; Deed Book 34, p. 463.

6. 29 March 1800. Edward Ballard & Mary, his wife to Abraham Cooper of town of Hampton, £66.13.4, 2/3 part of a lot belonging to the late James Ballard, left him by his father as will more fully appear by his will & adjoining lots of late John Hunter & Edward Ballard. Recorded 24 October 1800, Elizabeth City Co. Deeds & Wills, 1792-1808, p. 35.

The Death of Mr. William Ballard of Hampton, Virginia, in 1784.

While randomly searching the newspapers available on the website Newspapers.com, we stumbled upon a news item describing the untimely demise of a Mr. William Ballard of Norfolk, Virginia, appearing in The Philadelphia Packet of Thursday, 11 March 1784 (p. 2), which, for ease of reading, given the antiquated typeface, we have transcribed below.  The paragraph has been broken into several parts for ease of reading.  A link at the end takes you to an image of the original.

By a gentleman from Northampton county, we are informed, that several vessels have been wrecked on the coast during this intense weather, amongst which he mentions a brig from Dublin, with goods and servants, intended for Philadelphia; several of the people died with the severity of the weather, but they had got great part of the goods on shore, which were to be sold at public sale.  A schooner from Martinique was likewise lost, and some of her people perished. A large French ship from the same port, was drove ashore in the snow storm which happened on Monday the 19th of January last, and ten of the people were frozen to death.

On board of this ship was Mr. William Ballard, a noted pilot belonging to Hampton; he piloted out a French ship some considerable time since, and the wind blowing very hard, could not be put on shore, and was carried to France, from whence he got to Martinique, where he was recommended to the captain of this ship as a good pilot, and shipped himself in her to come home; but on being off our capes when the snow storm came on, the ship struck on the Middle Ground and sprung a leak; he advised the captain to run her ashore, which was done, but the captain feeling himself and crew in danger of being drowned, he struck Mr. Ballard on the head with a spy glass, and afterwards had him stripped naked and killed him with the pump brake.

This is reported by a young Scotch sailor who was on board, and brought over Mr. Ballard’s watch to Norfolk with him, which his relations knew.  They have taken the young Scottish sailor over to the Eastern shore, to enquire more particularly about the murder, that it may be brought to light.

He has been confused (by this compiler) with William Ballard Sr of Hampton (c.1721-1782), whose will was probated 28 February 1782 and 9 November 1782. The William Ballard who met his end on the wrong end of a spy glass is probably the William Ballard whose estate was probated in 1785 in Elizabeth City County.  The will (if there was one) is lost, but there is an entry in the Elizabeth City County Order Book of 1784-1788, which is indexed in the online records of the Library of Virginia (Order Book 1784-1788 (Reel 19). A number of Ballards residing in Elizabeth City County had connections to several members of the Tarrent family, and we have confirmation of William’s relationship with the Tarrant family in the 1783 will of Carter Tarrant.  A William Ballard (very likely this one) was named executor of the will, which was dated 28 July 1783; note that this is after the death of William Servant Ballard.  A codicil to the will dated 15 October 1784 recites “Whereas my friend William Ballard has died,” and names alternate executors.

Will of Carter Tarrant (abstract).  Dated 28 July 1783.  Legatees: wife Mary; son Leonard; son Francis; daughter Jane Talbot; daughter Mary Carlton; daughter Kitty, debt due me from the estate of John Riddlehurst.  Executors friend William Ballard and son Francis Tarrant.  Witnesses: Elizabeth Brough, Ann Brough, Robert Brough.   Codicil dated 15 October 1784: Whereas my friend William Ballard has died, executors wife Mary, friend Robert Brough and son Francis Tarrant.  Witnesses: Elizabeth Brough, Ann Brough, Sally Wilson.  Recorded 28 October 1784.  Original Will.  Blanch Adams Chapman, Wills and Administrations of Elizabeth City County, Virginia 1688-1800 (Baltimore: Genealogical Publishing Company, 2008) p. 92.

The will of Carter’s sister Elizabeth Tarrant helps us better understand the Tarrant family.

Will of Elizabeth Tarrant (abstract).  Dated 13 January 1778.  Legatees: niece Jane Seaton, daughter of my sister Ann Seaton; niece Priscilla Mitchell, daughter of Mary Carlton; sister Jane Talbott; sister Catherine Tarrant; brother Francis Tarrant; to my relation Mary the daughter of Nicholas Powell.  Witnesses: Moss Armistead, William Ballard, Jr.  Original Will.  Chapman, p. 92.

Mary Tarrant’s will includes her nephews Servant and John Ballard (probably brothers, but we don’t really know).  Note that she is not named in either of the Tarrant wills above; she was probably a cousin.

Will of Mary Tarrant (abstract).  Dated 1790.  Legatees: Frances Bayley; nephew William Bayley, a bond due me from James Latimer; nephew Charles Bayley, a bond due me from Miles King, Esq., nephew Thomas Bayley; if a claim due me from the United States Government be recovered to be divided between my nephews Servant and John Ballard and niece Rebecca Baker.  Executors: George Wray and John Ashton Wray.  Witnesses: Pascow Herbert, William King, Samuel Healey.  Recorded 22 April 1796, Book 1787-1800, p. 297.  Original Will.  Chapman, p. 92.

Who was this Mary Tarrant whose sister married a Ballard?  She figures in a handful of documents; on 25 February 1786 she witnessed the will of Moss Wallace Armistead, with John Ashton Wray and Francis Riddlehurst (Chapman, p. 6); we should note that a William Ballard in November 1761 proved the nuncupative will of John Riddlehurst, in which he leaves his whole estate to his brother Francis Riddlehurst (Chapman, p. 74). Indeed, a Mary Tarrant is named granddaughter in the will of Francis Riddlehurst, which also includes Carter Tarrant as a witness.

Will of Francis Riddlehurst (abstract).  Dated 16 October 1756.  Legatees: wife Ann; son Francis; son John; son Richard; grandson Francis Bright; grandson William Powel; daughter Ann; granddaughter Mary Tarrant.  Executors wife Ann and sons Francis and John Riddlehurst.  Witnesses: Thomas Tabb, Carter Tarrant and Thomas Tabb.  Estate appraised by Joseph Selden, James Wallace, James Naylor and William Latimore.  Recorded 7 December 1756, Order Book 1755-1760, p. 84 (Chapman, p. 74).

The will of the younger Francis Riddlehurst might be of some interest.  The Mary Carlton named here may be daughter of Carter Tarrant.

Will of Francis Riddlehurst (abstract).  Dated 7 May 1796.  Legatees: Francis Riddlehurst Bright, son of Robert and Mary Bright at twenty-one; with reversion of bequest to his brother John Bright; reversion to Frances Tarrants then eldest son; to Ann Toomer, daughter of Thomas Butts and wife Ann, as long as she remains a widow; to Susanna Selden, wife of Samuel Selden; to Hannah Drew, the widow of William Drew; rest of my estate to be equally divided between Samuel Selden, Priscilla Johnson and Mary Carleton.  Executors: George Hope, Sr. and Pasccow Herbert.  Witnesses: Wilson C. Wallace, I. Hardeman, James Cunningham.  Codicil in which a provision is made to fulfill a contract with William Armistead, Sr.  Samuel Selden qualified as Executor.  Book 1787-1800, p. 311.  Original Will.  Chapman, p. 74.

Mary Tarrant also witnessed the will of Ann Moore, which names Ann Moore’s sister Mary Ballard.

Will of Ann Moore (abstract).  Dated 27 December 1767.  Legatees: sister Lucy Loyall; nephew Lewis Meredith; niece Jenny Barron, reversion of bequest to her son Archibald Bordland; sister Mary Ballard; niece Sarah Webb; sister Sarah Cowper; sister Elizabeth Jeggitts; to Anne Armistead, the daughter of James Armistead the money he owes me.  Executors: Lewis Meredith and Lucy Loyall.  Witnesses: James Cunningham, Mary Tarrant.  Book 1763-1771, p. 187.  Original Will.  Lewis Meredith qualified, security, Roe Cowper.   Chapman, p. 61.

The 1747 will of Ann Roe, Ann Moore’s mother, proves the name of Mary (Roe) Ballard.

Will of Ann Roe (abstract).  Dated 31 October 1747.  Legatees: daughter Grisel; daughter Mary Ballard; daughter Ann Moore; daughter Sarah Cooper; daughter Elizabeth Merriday; daughter Catherine Boutwell; daughter Margaret Merriday; daughter Ellenner Mitchel; daughter Luce Loyal.  Executors: Mr. John Moore and Abraham Cooper.  Witnesses: Robert Brough, John Bennett.  Abraham Cooper qualified, security, Samuel Jones and Adam Boutwell.  Book 1737-1749, p. 292.  Chapman, pp. 76-77.

What’s to be made of this?  Where does this William “fit?” He is not the son of John Ballard of Yorktown, whose son William was born 31 October 1743 and who by 1770 had removed to the Borough of Norfolk, according to a deed record in York County. On 21 July 1760 when he was 16 years of age, he placed himself apprentice to David Jameson of York “to be instructed in the art of merchandize and book keeping until he arrives at the age of 2[ ]…”  We find confirmation that William, son of John of Yorktown was still living in 1785 when his mother Elizabeth Ballard wrote her will in Norfolk (see The Will of Elizabeth Ballard of Norfolk, Virginia (1785)) This William proved to be a merchant like his father, not a sailor, for we find an announcement of his death in the Norfolk Gazette and Public Ledger on 20 March 1812.

Much more likely he was the son of one of Francis Ballard‘s other sons — Servant or Francis.  Very likely Servant Ballard, the eldest son of Francis Ballard.  The 1792 conveyance by a Servant Ballard of 100 acres in Warwick County is likely a son or grandson of Servant (son of Francis), and could be the same Servant named in the 1790 will of Mary Tarrant with his likely brother John Ballard.  Francis’ son Servant or Francis (or a grandson) must have married a sister of Mary Tarrant.  Perhaps the Order Book that documents William’s probate in 1785 could provide the answer.   See The Pennsylvania Packet, 11 March 1784, p. 2

Revolutionary War Pension Application of Thomas Ballard of Lancaster District, South Carolina (1751-1843).

Below is a transcription of the American Revolutionary War Pension application of Thomas Ballard, a son of John Ballard of Albemarle County, Virginia (c.1719-1779).  It contains a wealth of information about his service during that war, and his travels from Virginia to South Carolina and Georgia, and names his children.

Pension Application of Thomas Ballard, File No. S20283

Georgia, Gwinnett County: Inferior Court December Term 1832

Personally appeared in open court it being a court of record, now sitting, Thomas Ballard a resident of said County of Gwinnett and State aforesaid aged Eighty years who being first duly
sworn according to law doth on his oath make the following declaration in order to attain the benefit of the Act of Congress passed June 7th, 1832.

That he entered the service of the United States under the following named officers and served as herein stated, to wit: That he entered the service in the State of South Carolina the part
which is now called Kershaw District. That he was then Captain of a militia company and that he together with his Company was called into service by Colonel Kimbrel [Frederick Kimball] as volunteers. That he was then by Colonel Kimbrel brevetted Captain of said Company that he was in Major Thompson’s Battalion & Colonel Kimbrel’s Regiment that during this service he was with General Marion [Francis Marion] six weeks when his company was relieved and allowed to return home. That this service was during the year 1780 & 1781. That this was a
three months Tour but that he was relieved & allowed to return home a few days before the Term of service expired. That afterwards in the year 1781 the Company which he commanded was again called into Service under the Command of Major Thompson in General Henderson’s [William Henderson’s] division for a three months Service. That he was stationed at Captain Young’s house in the State of South Carolina in the fork of edisto River [Edisto River] and was engaged during this Service in skirmishes with the Tories and at the end of the Service he returned home. That he did not receive a written discharge in either of the above mentioned Services because he did not concede them at that time necessary. That his brevet has been lost or mislaid. That the two several tours of duty were served in the State of South Carolina and that he has no documentary Evidence nor does he know of anyone now living except Michael Branham, who can establish the same. That since the revolutionary war he has resided first in South Carolina Kershaw District from thence he removed to Gwinnett County in Georgia where he now resides that he was born in the State of Virginia in March 1751. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension Old of the agency of any State.

Sworn to & subscribed this tenth day December 1832 in open Court.
Attest: S/ Wm Maltbie, Clk

S/ Thos. Ballard

[p 40: Hosea Camp, a clergyman, and John F Martin gave the standard supporting affidavit.]

[p 41]
Georgia Gwinnett County:

Before me, a Justice of the Peace for said County came in person Michael Branham and being sworn on oath saith that he served six months under the command of Thomas Ballard in the revolutionary war – who was a Captain of the Militia of Kershaw District in the State of South Carolina – and further states that said six months service is mentioned and correctly stated in the within declaration.

Sworn to & subscribed before me this 10th December 1832
S/ John Clower, JP S/ Michael Branham, X his mark

[p 44]
State of South Carolina Fairfield District

Personally appeared before me Henry Moore of the State & District aforesaid and being sworn as the Law Directs says on oath that he was introduced to a Captain Ballard either before or shortly after the fall of Charleston but it is so long since that he cannot fully identify him at this late period. Further that he thinks the forgoing certificate of Mr. John Clanton entitled to undoubted credit this 9th September 1838

S/ William Moore, QU S/ Henry Moore1 Capt Lt. of Artillery
Regt. So. Carolina

[p 43]
State of South Carolina Kershaw District:

Before me appeared John Clanton of said District after being Duly Sworn as the Law Directs made oath that he became acquainted [with] Thomas Ballard in the year 1780 and in the year 1781 we served together a tower [tour] in the service in behalf of the Liberty of the State and US we joined the whigs at a place called the foreholes [Four Holes] in South Carolina. Thomas Ballard was a Captain and Commanded the Company called the Bever Creek Company of said District. I Father [further] state that I was his Cook for his mess. I believe him to be as good a whig as the State had at that time according to the opportunities he had to show it.

Sworn to before me this 3 July 1839
S/ Elijah Sill, J. Q. S/ John Clanton, X his mark
[p 47]
South Carolina Lancaster District

Personally came before me John Trousdale aged seventy-one years last March & after being duly sworn, maketh oath & saith that in & about the year 1781 the fall of the year he became acquainted with Colonel Thomas Ballard, who was then Thomas Ballard, & had the character of a good & valiant Whig in the revolutionary Army, in & about the neighborhood of Hangrock [?] & Beaver Creek Kershaw District South Carolina in which neighborhood & place both deponent & Thomas Ballard resided – shortly afterwards Thomas Ballard was called Captain of the Beaver Creek Militia Company Kershaw District South Carolina & generally received opinion of that time & up to this day was that Thomas Ballard was an officer a Captain in the revolutionary war & bore the character at that day & since of a brave & courageous defender of the liberties of his country – deponent has known Colonel Ballard from about 1781 2 [“to”] 1821 at which last period he removed to Georgia where he remained until 1838 & at this time is living in Lancaster District South Carolina.

Sworn to & subscribed before me 5 November 1839
S/ J. H. Witherspoon, Junior Q.W. E. Off. S/ John Trusdel

[p 48]
South Carolina Lancaster district

Personally came before me Thomas Mackey Senior age 77 years last February & maketh oath & saith that during the revolutionary war he this deponent was a private in Colonel Kimbrell Regiment, previous Colonel Marshall, & that he knew Thomas Ballard, that he was attached to said Regiment & commanded as Captain in the Beaver Creek Company Kershaw District South Carolina, deponent can’t say positively how long Thomas Ballard & this deponent remained in the same Regiment, his impression is that the Company Thomas Ballard commanded was sent out on a scouting party & this deponent & the company he was attached to was ordered to Purysburg, deponent served three months & is satisfied that Thomas Ballard was also out during that tour of three months, he verily believes that Thomas Ballard served much longer, he was always regarded a true & Brave Whig, & rendered [indecipherable word] services to his Country during the revolutionary struggle.

Sworn to & subscribed before me 6 November 1839
S/ J. W. Witherspoon, Junior, Q. W. E. Off S/ Thos. Macke

[p 10]
South Carolina, Lancaster District

On this Sixth day of November A.D. 1839 personally appeared in open Court before the Court of General Sessions & Common Pleas now sitting, Thomas Ballard, a resident of the State & District aforesaid aged eighty-nine years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7th, 1832. — viz. That he entered the service as a militia man (Volunteer) in Captain William Nettles company (militia) in Colonel John Marshall’s Regiment (militia) in the year 1780 about six or eight months before Gates defeat near Camden [Battle of Camden, August 15-16, 1780], at the time of Gates defeat he was with General Sumter [Thomas Sumter] as a Volunteer afterwards in the spring of 1781 he received a commission to Command the Beaver Creek Company Kershaw District South Carolina from Colonel Kimbrell who then had the Command of Colonel Marshall’s Regiment Colonel Marshall having gone to Virginia served under Colonel Kimbrell & General Marion three months as Captain in Santee Swamp near McCord’s ferry South Carolina was in pursuit of the British & caused them to evacuate Bigham [sic, Biggin] Church [July 16-17, 1781] & fire the same was at the Battle of Hobkirk Hill [April 25, 1781] near Camden South Carolina between General Greene & Lord Rawdon, he afterwards returned with his company & remained at home for about three months, he then as Captain & with his Company returned to the service and Joined the Whigs at the “Fore Holes” [sic, Four Holes] thinks a Colonel Henderson had Command & continued with him three months in the fork of Edisto River watching the movements of certain forces in that neighborhood he & his Company then returned home, don’t recollect what has become of his discharge, or whether he received one, his Commission has been mislaid it was signed by Colonel Kimbrell.

Sworn to open Court the day & date above mentioned
S/ S/ Beckham, Clk S/ Thos. Ballard
[J. P. Thompson, a clergyman, and Samuel B. Hammond gave the standard supporting affidavit.]

[p 13]
Interrogatories

1. Where & in what year were you borned?
Answer 1751 

2. Have you any record of your age, if so where is it?
Answer – Have none 

3. Where were you living when called into service, where have you lived since the revolutionary war, & where do you now live?
Answer – When called into service lived in Kershaw District South Carolina moved to Georgia in 1821 – returned to South Carolina Lancaster District in April 1838 

4 – How were you called into service, were you drafted did you Volunteer or were you a substitute, if a substitute for whom?
Answer – Called into service as a militia man

5th State the names of some of the Regular Officers who were with the troops where you served, such Continental & militia Regiments age you can recollect, & the General circumstances of
your Service.
Answer – Was in Colonel Kimbles Regiment Nettles Company, was at Bingham Church [sic] when it was fired by the British – was at a Battle at Hobkirk Hill near Camden South Carolina 

6. Did you ever receive a discharge from the service, if so, by whom was it given & what has become of it?
Answer – don’t recollect that he received a discharge. 

7th did you ever receive a Commission, if so, by whom was it signed & what has become of it?
Answer – had a Commission Received it from Colonel Kimbrel don’t know what became of it 

S/ Thos. Ballard

[p 15]
State of South Carolina, Lancaster District

Personally appeared before me James H. Witherspoon Jr Judge of the Court of Ordinary Lancaster District Colonel Thomas Ballard Senior of the said District & State, aged ninety years, 7 March next, who being duly sworn maketh oath & saith, that he was born in the County of Albemarle & State of Virginia 7 March 1751 & resided there until the year 1789 [sic, 1779?], when he removed to South Carolina, Craven County now the district of Kershaw where he resided & lived until the year 1818, when he removed to Georgia when at County & resided & built there until the year 1838, when he removed back to South Carolina Lancaster District, where he now resides. This deponent further states that shortly after he removed to South Carolina to wit in the fall & winter of 1779 & 1780 he entered the service of his country under Captain William who was attached to Colonel Marshall’s Regiment, the deponent was out & engaged in said service at various times, principally in scouting & routing certain Tories who were then lurking in Kershaw district, he was then residing in Captain William’ beat, and as a militia man was called out sometime in December 1779 & was engaged & out in service until May 1780, whenever the Company was on duty, the duty of this Company at that time was principally the routing & keeping in check the Tories in the district — deponent further saith that sometime in August or September 1780 he went on a visit to Virginia, that while there, he heard that a great many Tories had assembled near the Brushy Mountains in North Carolina he then volunteered under Colonel Bryce Martin in Henry County Virginia to march against them after marching several days under him the Regiment was dismissed by Colonel Martin upon learning that the Tories had left & abandoned that place. This deponent then returned to South Carolina Kershaw District where his family were still residing. He was there afterwards engaged in various services, but not regularly — until he was present & assisted in taking Rudgeleys [Rugeley’s] Fort [December 4, 1780]. In March or April 1781 this deponent received a Captain’s Commission from Colonel Kimbrell to command the Beaver Creek Company in Kershaw District. He then marched his Company to Camden & was at the Battle of Hobkirk Hill near Camden, he then afterwards with his Company under Colonel Kimbrell marched & joined general Marion near Biggin Church, deponent as Captain served under General Marion three months — in this State — and afterwards marched his Company to Edisto & there remained three months to the best of his recollection — deponent has either lost or misplaced his commission, he cannot now find it — deponent in conclusion states, that to the best of his recollection, he served six months as a militia man under Captain Nettles, ready to perform duty whenever called upon – – is perfectly satisfied that as Captain he was three months under General Marion in active service — and also three months in the fork of Edisto & was upon duty as Captain — altogether six months — besides other duties & services — deponent further saith that he has never received any compensation for said services either from the State or the United States.

Sworn to & subscribed Before me 19 January 1841
S/ James H. Witherspoon, Jr., Judge of Court Ordinary

Lancaster District S/ Thos. Ballard

[p 34: Original of a bill of sale dated April 5, 1820 by which Thomas Ballard conveyed to Elizabeth Thompson for $800 one Negro woman by the name of Rody aged 19 or 20 and her
child Charrity [sic, Charity].]

[p 18: On February 25, 1847, Col. Thomas P. Ballard, 47, son of Capt. Thomas Ballard on behalf and the other children of Capt. Thomas Ballard, to wit, Susanna Caston & Mary Russell sought
to recover the pension he said was due his father.

[p 51]
Comptroller General’s Office Columbia South Carolina October 30th 1846

Book W
Indent 165 Issued 9th of August 1785 to Captain Thomas Ballard for 156 pounds 17 shillings
1 ½ D 4 366 days duty in 1780, 1781 & 1782 as per account audited
Principal £156.17.1 ½D Annl. Int. £10.19.7D
Book W
Account 165 Captain Thomas Ballard
For 288 days duty under Colonel Frederick Kimball in General Sumter’s Brigade at 60 shillings per day – 40 days under Colonel Frederick Kimball at 60 shillings per day – 38 days under Colonel Kimbrell at 60 shillings per day in all 366 days
Sterling £156.17.1 ½ D.

I certify the above to be a true copy from the Records in this office
For Comptroller General
S/ J. Aug. Black

[Veteran died at the residence of Mrs. Susanna Caston in Lancaster District SC on December 28, 1843]

[Veteran was pensioned at the rate of $240.66 per annum commencing March 4th, 1831 and terminating December 28, 1843 upon his death. His pension was granted for 12 months and one
day service as a Captain in the South Carolina service.]