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WILL OF JOHN BALL

(From "Early Settlers of Lee County, Virginia and Adjacent Counties, Volume II" by Hattie Muncy Bates, Copyright 1977, pages 711-12)

        In the name of God Amen.  I, John Ball of Lee County and State of Virginia being sick and weak in Body but of sound mind and disposing memory for which I thank God and calling to mind the uncertainty of human life and being desirous to dispose of all such worldly Estate as it hath pleased God to bless me with I do hereby make my last will and testament in manner and form following that is to say--firstly, I desire that all the perishable party of my Estate except what is herein after particularly mentioned be immediately sold after my decease and out of the monies arising therefrom all my just Debts and funeral expenses be paid the surplus money to be equally Divided among my children.

        Secondly, I give to my wife Polly Ball my two work Horses and my farming tools her choice of one mare and colt likewise her choice of five cows and their calves.  My House and plantation Household and kitchen furniture all my hogs also my negro fellow named Tom and a Negroe girl that I have contracted for with William Robertson if said Robertson complies with his contract, and the steers now belonging to me to be sold at private sale to pay said William Robertson if he complies with his bargain, also I give to my wife the crop that is now growing on my plantation for the use of the stock and children also my sheep for and during her widowhood and in case of her death or marriage then all my land and what property remains that I have willed to her to be sold and the money arising therefrom to be equally divided among my children and to be enjoyed by them forever.  Also one bed and furniture I do allow for my wife she to take her choice of the beds whether she marries or stays single.

        And lastly, I do hereby constitute and appoint my friends Henry Yeary and Moses Ball Executors of this my last will and testament.

        In witness whereof I have hereunto set my hand and affixed my seal this 17th Day of September 1809.

                                                                                                                            John Ball   (Seal)
 

Signed sealed published and Declared
as and for the last will
and Testament of the above named
John Ball in presence of us
    George Ball
    William Yeary
    Samuel Lock
    Wm. Briance
    (Recorded in Book 1, Page 27)

        At a Court held for Lee County the 28th day of November 1809.  Present:  Joshua Ewing, William Neill, Benjamin Sharp, John McKinney and John Filkerson, Gentlemen.

Page 153--
        The last will and Testament of John Ball, deceased, was produced in Court and proven by the oaths of William Yeary and William Briance and ordered to be recorded and thereupon the said will was sworn to by Henry Yeary and Moses Ball the executors therein named and the said Henry Yeary and Moses Ball together with Jacob Crabtree, Job Crabtree and William Briance their securities entered into bond in the sum of ten thousand dollars with condition for the true and faithful administration of the said decedent's estate.

        At a Court held for Lee County the 28th day of November 1809.  Present:  Joshua Ewing, William Neill, Benjamin Sharp, John McKinny and John Fulkerson, Gent.

ORDER BOOK, PAGE 153--
        Ordered that David Chadwell Sen., Joshua Ewing, Oliver Hughes and Jacob Crabtree be appointed to appraise the personal estate and slaves, if any, of John Ball, deceased, after being first duly sworn before a justice of the peace for that purpose and return an inventory thereof to the court.

        A second appraisal of John Ball's estate was made in 1815 after the marriage of his widow, Mary Ball, to William Carmack in late 1814 or early 1815.

        Ordered that William Huston, David Chadwell Senior, Samuel Ewing, Jonathan Thompson and John Taylor or any three of them being first sworn before a justice of the peace for that purpose do truly and justly appraise in current money the personal estate of John Ball deceased and return the appraisement under their hands to the court.  (OBK 2-128)

26th September 1815
        An inventory and appraisement of the estate of John Ball, deceased, was produced in Court by the executors of the said John Ball, deceased, and ordered to be recorded.  (OBK 2-128)

        On the motion of George Ball, Samuel Lock and Elizabeth his wife who was Elizabeth Ball, John Ball, Polly Ball, William Gray and Keziah his wife who was Keziah Ball, and Susanna Ball, William Ball, Jesse Ball, Peggy Ball, Robert Ball and Martha Ball infants under the age of twenty one years, heirs of John Ball, deceased, by Henry Yeary and Moses Ball, Executors of the last will and Testament of John Ball deceased and William Carmack and Mary his wife late the wife of the said John Ball deceased it is ordered that Peter Fulkerson, Joshua Ewing and Samuel Ewing or any three of them do lay off and assign to the said Mary Carmack late widow of the said John Ball deceased her dower in the lands of her late husband John Ball deceased in this county and make report to the court.  (OBK 2-132)