WILL OF ELIZABETH BALLARD

 

I Elizabeth Ballard wife of Dr. William Ballard ofSumter District in the State of South Carolina being very ill &weak of body but of sound & disposing mind do inpursuance ofpower given to me by a Deed from William E. Johnson & John I.Blair to John Ballard dated the thirtieth day of January eighteenhundred and twenty nine in trust for me of certain property in saidDeed mentioned. And also of a Deed from Amos A. Nettles to JohnBallard in trust for me which authorises me to devise a Certain lottherein mentioned. And of a Deed from the Commissioner in Equity ofSumter District to William Sanders in trust for me of a Certain tractof land for the same uses as the lot conveyed by Nettles to said JohnBallard.

 

First---I give & bequeath to my nephew WilliamEllerbe after the death of my husband my gold watch.

 

Secondly---I give & bequeath to my SisterEphatha Ellerbe a bed & furniture.

 

Thirdly---I desire that my debts be paid by myTrustee or Executor.

 

Fourthly---Whereas certain Negroes Mentioned inthe Deed from Johnson & Blair have been sold to William Sanderswho has made some payments thereon which has been Vested in the lot& lands I lived on in Sumter Ville with which Sale I amsatisfied. And I do hereby desire & direct that the said Sale onhis paying the balance be confirmed so that he bequested in his titleand possession.

 

Fifthly---I give, bequeath & devise to JohnBallard in trust all the rest, residue & remainder of my Estatereal and personal in trust for the Uses & purposes herein AfterMentioned and declared, to wit; that he pay to William Ballard myhusband the rent hire & income of the said Estate for &during the term of his natural life, but the same is not to besubject to Any contracts or debt now existing or that may hereafterbe made by him the said William Ballard; but the said rent; hire& income to be expended on the maintenance & support of thesaid William Ballard in finding a comfortable residence, diet &clothing. And the said William Ballard has Authority to dispose ofby his last will & testament or by Deed to take effect after hisdeath, one half of the said Estate as he may choose & the saidTrustee is to deliver the same to such persons as the said WilliamBallard may by Will or deed appoint. The said William Ballard is tohave the use of the said gold watch for his life but he is not topart with it, nor is it to be liable to any of his debts, if takenfor his debts or parted with by him Then the same is immediately toVest & go to my Nephew William Ellerbe. The other half of my saidEstate embraced this clause of my Will, the said John Ballard isAfter the death of my said husband, to deliver to my Sister Mrs.Ephatha Ellerbe & her heirs forever. But should I leave a childthen the said child is to take one half of the Estate embraced bythis clause & the other half for the use of my husband as above,but should the said child, if any die under Age unmarried then thisbequest in trust for my Husband & Sister is to be & remain asabove as if I never had Issue the negro girl Epsey on my deathwithout a Child to be delivered to my Sister Mrs. Ellerbe for myNiece Allen Ellerbe forever.

 

Lastly---I hereby Nominate the said John Ballardmy trustee executor of this My Will.

 

In witness whereof I have hereunto Set my hand andSeal this Ninth day of October in the year of our Lord one thousandeight hundred and thirty four.

 

Signed and delivered

being Sealed in the presence of

 

John Hutcherson Elizabeth Ballard (SEAL)

John A. Crosswell

Benjamin Falsom

 

(Recorded in Will Book D 1/2 Pge 34)

Recorded 28 Day of Sept 1835

William Potts ORdy

Bundle 12 Pkge 2

Original will lost copied from Will Book