Wednesday, January 30, 2013

Will of Francis Buller of Tregarricke - The National Archives PROB 11/360/150, probated 8 Jul 1679

Francis Buller (testator) is my Francis-3 will and is the grandson of Sir Richard Buller (son of his son Francis) and one of the nephews named in the will of his uncle Francis Buller of Tregarricke. His father Francis is still living in 1678 according to the Visitation.

He names his father Francis Buller senior, Sir James Rushout, Sir Walter Moyle and John Herle as his executors. The two Codicils appended over the year after the original will is written are telling. At this time he has married a second time Mary Maynard (not yet twenty years of age)  His first wife was the daughter of Sir James Rushout of Maynard's Green in Essex. By her he had the following children : Francis (eldest son), James (second eldest), Charles (third son not mentioned in his father's will), Catherine, Jane and Mary. Francis (the testator) according to the Visitation of Cornwall was baptized 16 July 1651 at St Stephen's by Saltash and thus was 27 years old when he wrote his will 5 Apr 1678 and 28 years of age when his will was probated 8 Jul 1679. James is known to have not married and Charles must not have either as the estates of Francis Buller (testator) passed to the Morval branch of the Buller family (John Buller of Morval being a brother to Francis Buller of Shillingham (father of the testator).  This will was difficult to transcribe hence the many blanks. Eventually I will go back and try to fill them in but for the moment the gist of the will is there and I shall move on to the next one.

British History online helps to solve the language in this will and the following is pertinent as one works through the marriages (generally second  marriages as land is concentrated into a family line):

http://www.british-history.ac.uk/report.aspx?compid=18928
Before his death in 1655 Sir John Maynard (fn. 96) in 1652 settled his Isleham estate on the marriage of his only son John, kt. 1660, (d. c. 1664), to Katherine Rushout. (fn. 97) In 1666 the widowed Dame Katherine Maynard was allotted c. 950 a. of fenland for the manorial rights in the waste. (fn. 98) Later that year, carefully reserving to her sole use the income of the Isleham estate, (fn. 99) whose lordships she retained formally until her death in 1694, (fn. 1) she married the Presbyterian politician Francis Buller (d. 1682), of Shillingham (Cornw.). Following his forfeiture in 1666 he took refuge with her. (fn. 2) By 1676 Dame Katherine had married her daughter Mary, the Maynard heiress, to Buller's eldest son Francis and settled the estate on them. (fn. 3) The younger Francis died, 1678–9. (fn. 4) Mary was successively remarried in 1682 to William Adams (d. s.p. by 1684) (fn. 5) and in 1686 to her mother's nephew, Sir Rushout Cullen, Bt. (fn. 6) Mary died in 1694, shortly before her mother with whom she dwelt at the Hall. (fn. 7) Sir Rushout retained the Isleham estate thenceforth until he died without issue in 1730. (fn. 8) The estate, whose reversion had been settled upon Mary's children by Francis Buller the younger, (fn. 9) two sons, both dead without issue by 1710, (fn. 10) next passed to John Francis Buller of Morval (Cornw.), grandson of John Buller (d. 1716), their father's uncle and heir-at-law. (fn. 11)

John Francis Buller, lord of Isleham from 1730 until his death in 1751, (fn. 12) was succeeded there in turn by his son James (d. 1765) (fn. 13) and by James's son John (d. 1793). That John's son John (fn. 14) offered the Isleham estate for sale in 1800. (fn. 15)


The value to me in doing these wills is determining that there were no other descendants of this family that could be the ancestors of my Christopher Buller in St Olave Southwark or St Mary Magdalen Bermondsey. All properties from this line descended to John Francis Buller of Morval and this line is well documented down into the time frame that I am looking at. Since I have Christopher's possible birth date of 1763 to use now that I have his death registration that has improved my chances of finding his parents.

Transcriber: Elizabeth Kipp
Recorded: 28 Jan 2013
Source: The National Archives, PROB 11/360/150
Testator: Francis Buller
Place: Tregarricke, Cornwall, England
Date of document: 15 Apr 1678, probated 8 Jul 1679
Read: Electronic copy images
Document quality: 17th century English, legible copy

[Margin]: Francise
[Margin]: Buller

1    In the name of God Amen
2    The Fifteenth day of Aprill, in the yeare of our Lord God one Thousand
3    Six hundred Seaventy and Eight I Francis Buller of Shillingham
4    in the County of Cornwall Esquier being (Blessed be God) of perfect
5    mind and memory and desirous to make some settlement of my
6    Personall Estate doe make my last will and Testament as followith First
7    I humbly recom[m]end my soule to the mercye of my Creatour and my Redeemer
8    And my Body to be buried privatly and decently as my Executor herein after
9    named shall direct And whereas I the said Francis Buller am possessed
10    of or interested in the Tythings lease and Mannor of St Stephens with
11    the appurtenances scituate lying and being in the parish of St Stephan by
12    Saltash in the County of Cornwall aforesaid for the now remainder of a
13    certaine terme of one and Twenty yeares by lease from the Deane and Chapter
14    of Windsor I doe heriby give and bequeath All my said Estate and Terme
15    of years in the said lease of St Stephens unto my Executors herein after
16    named In Trust that my said Executors and the Survivors of them and the
17    Executors and Administrators of such Survivor shall stand and be possessed
18    of the Lease aforisaid and of the Tythingslease and Mannor aforesaid for
19    the Remainder of the said Terme of one and Twenty years In Trust to and
20    for the sole benefitt of every person and persons respectively who shall be
21    seized of the Freehold of all other my Lordshipps, Manors, Lands Tenements
22    and hereditaments in the said County of Cornwall by force of one Indenture
23    bearing date the Twentieth day of September one Thousand Six hundred Seaventy
25    and Six in the Twenty seaventh yeare of the Reign of the King that now is made
26    betweene me the said Francis Buller of the one part Sir James Rushout of
27    Maynard's Green in the County of Essex Baronet Sir Walter Moyle of Bake
28    in the said County of Cornwall Knight and John Herle of the Middle Temple
29    London Esquier of the other parte Alsoe whereas their is now due to mee
30    Five Thousand pounds of lawfull money of England in right of my wife Mary
31    daughter of Sir John Maynard Late of Tooting Graveney in the County of Surrey
32    knight
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33    Knight By force of one Indenture Tripartite made or intended to be
34    made the Two and Twentieth day of October in the yeare of our Lord Bless one
35    Thousand Six hundred Fifty and Two Betweene Sir John Maynard of Tooting
36    Graveney in the County of Surrey Knight of the honourable order of the Bath
37    and Dame Mary his wife And Charles Maynard of Walthamstow in the County
38    of Essex Esquier Brother of the said Sir John Maynard of the First part And
39    the said Sir John Maynard by the name of John Maynard of Tooting Graveney
40    aforesaid Esquire onely sonne and heir apparent of the said Sir John Maynard
41    and Dame Mary and Katherin Rushout Second daughter of John Rushout of
42    London Merchant of the Second part And the said John Rushout Sir Abraham
43    Cullen by the name of Aberham Cullen the younger of London merchant and
44    and Sir John Lawrence by the name of John Lawrence the younger of London
45    Merchant and John Pascoe the younger alsoe of London Merchant of the
46    third part Now I give and bequeath the said Five Thousand pounds soe
47    due as aforesaid unto my Second son James Buller To be paid to him at such
48    time as he shall attaine the age of one and Twenty And in case he shall dye
49    before such age attained Then I give the said Five Thousand pounds unto
50    my Eldest sonne Francis Buller And if he alsoe happen to dye before he
51    attaine the age of one and Twenty yeares Then I give the said Five Thousand
52    pounds To any other Eldest sone that shall survive my second sonne James
53    and attaine the age of one and Twenty And in case all my sons shall happen
54    to dye before they or any of them attaine the age of one and Twenty as aforesaid
55    Then I give and bequeath the said Five Thousand pounds unto any eldest
56    daughter which shall survive her brothers The said Five Thousand pounds
57    to be paid to such Eldest daughter att her day of Marriage or age of one and
58    Twenty which shall first happen And in case all my sons shall happen to
59    dye before such age of one and Twenty attained as aforesaid And in case any
60    daughters alsoe dye before marriage or the age of Twenty one attained aforesaid
61    Then I give and bequeath the said Five Thousand pounds to my wife I alsoe
62    give and bequeath unto my said wife Two hundred pounds for mourning
63    And all the furniture and plate belonging to her Chamber I alsoe give her
64    The Choyce of as much of my other Plate as shall amount to the value of Fifty
65    pounds and my Coach and Coach horses Item I give unto the Lady
66    Maynard Twenty pounds for mourning Item I give unto my brother Richard
67    Fifty pounds Item I give to my sister Margaritt Fifty pounds Item I give
68    to my Brother John Fifty pounds Item I give to my sister Sarah Fifty
69    pounds Item I give to Mr Roger Peachey Tenn pounds Item I give unto my
70    faithfull servant John Wipple Thirty pounds Item I give to the poore of the
71    parish of St Stephens in Cornwall aforesaid Five pounds Item I give
72    to the poore of the parish of Isleham Five pounds And whereas by Indenture
73    dated the Twentieth day of September one Thousand Six Hundred Seaventy and
74    Six I have conveyed the Lordship of Street Marshall with the Appurtenances
75    in the County of Mountgomery and Dominion of Essex to the said Sir James
76    Rushout Sir Walter Moyle and John Herle in Trust to be sold for the payment
77    of all my Just debts Now I desire The said Lordship may be sold with all conve-
78    nient speed And that my Trustees and Executor would in the meane time out
79    of my personall Estate first pay and satisfie such Creditors as have now reall
80    security And that such this Creditors as have Mortgages may have their interest
81    duly and faithfully paid till Land bee sold and the principall discharged It is alsoe
82    my will and desire That the First Five hundred pounds which shall be raised
83    out of my Estate for debts and Legacies and my brothers and sisters portions
84    are paid should be employed by my Trustees for the Redemption of Christian
85    Captives
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86    Captives Alsoe I give unto my Executor here after named Thirty peices
87    of Gold to each of them All the residue of my personall Estate not before
88    disposed I doe hereby give and bequeath unto my said Executors in Trust that
89    of such survivor shall pay dispose convey and assign All the residue of my
90    said personall Estate not before disposed unto such person and persons respec-
91    tively to whome my said Manors Lands Tenements and hereditaments in the said
92    County of Cornwall shall descend and come according to and by vertue of the
93    limitted intent in the First recited Indenture contayned And Lastly I doe
94    hereby Constitute and appoint Francis Buller Esquier my Father Sir James Rushout
95    Sir Walt: Moyle and John Herle aforesaid To be Executors of this my last will
96    and Testament in Trust as aforesaid and upon speciall confidence That they will
97    performe the trust hereby in them reposed In witnes whereof I have hereunto
98    sett my hand and seale the Fifteenth day of Aprill in the yeare of our Lord
99    Christ One Thousand Six hundred Seventy and Eight Fs: Buller Signed
100    Sealed published and declared to be the last will and testament of Francis Buller
101    Esquier in presence of William Wyborough Will: Faulk Joan Wetherley
102    Jo[h]n Hill
103    Whereas I Francis Buller the younger of Shillingham in the County
104    of Cornwall Esquier in and by my last will and Testament in writing bearing
105    date on or about the Fifteenth day of Aprill one Thousand Six hundred Seventy
    and Eight
106    and Eight Did amongst other things devise unto my sonne James Buller and the
107    other persons after his decease therein mentioned in such manner as is therein
108    expressed The summes of Five Thousand pounds out of my wives Estate in such
109    manner as is therein mentioned and lymitted I doe nevertheless hereby
110    Expressly declare my will mind and meaning to be That if my said wife shall
111    within Three moneths after she shall attain being of one and Twenty yeares
112    By will and other good and sufficient conveyance and assurance in the Lawe
113    grant convey settle and assure unto and upon Francis Buller my Eldest sonne
114    and the heires males of his body the Mannor or Lordship of Islehame cum
115    Bernard And all other the Mannors Messuages Lands Tenements and heredita
116    ments whatsoever late of Sir John Maynard and now of my said dear wife
117    in Isleham or elsewhere in the County of Cambridge and in the County of Suffolk
118    And all and singular the messuages Lands Tenements Farmes and hereditaments
119    to the said Mannor and premisses belonging or in any wise appertayning or
120    to or with the same or any part of parcell thereof devised used leased
121    occupied or enjoyed or accepted reputed to be or known as part parcell or
122    member thereof or the Mannor or Lordshipp Capitall Messuage lands ten-
123    ements and hereditaments whatsoever late of the sayd Sir John Maynard and now
124    of her my said deare wife in Tooting Graveney or elsewhere in the County of
125    Surrey And all and singuler the messuages lands Tenements Farmes and
126    hereditaments to the said mannor and premisses belonging or in any wise
127    appertayning or to or with the same or any part or parcell thereof devised
128    used leased occupied as enjoyed as accepted reputed to bee or known as part
129    parcell or number thereof And for default of such issue if my said wife shall
130    in like manner settle and assure the aforesaid Mannor or Lordshipp of Isleham
131    cum Bernard with its rights, members and appurten[an]ces and all other the premisses
132    aforesaid in the Counties of Cambridge and Suffolk or else the Mannor of
133    Tooting Graveney with its Rights members and appurten[an]ces and all other the
134    premisses aforesaid in the said County of Surrey unto and upon James Buller
135    my second sonne and the heires males of his body And for default of such issue
136    in
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137    In case my said wife shall be Enseint as with child of mine att the time
138    of my decease which afterwards be borne Then if she my said wife shall
139    in like manner settle and assure the aforesaid mannors or Lordshipp of
140    Isleham cum Bernard profitts rights members and appurtenances and all other
141    the premisses aforesaid in the Countys of Cambridge and Suffolk or else the
142    the Mannor of Tooting Graveney with its Rights members and appurtenances said
143    or other the premisses aforesaid in the said County of Surrey to and upon such
144    a newborn sonne and the heires males of his body according both ____
145    and _____ hereof in manner herein before expressed That then and from
146    thenceforth from and after such settlement duly made as aforesaid The said
147    devise and Legacie of Five Thousand pounds given to my said sonne James and
148    the other persons mentioned in my said will shall cease determing and be utterly
149    void anything in my said said will contained to the contrary ______ standing
150    And I doe nevertheless hereby further expresse and desire my will and meaning
151    to be clear my said sonne James Buller shall have and receive the summe of Two
152    Thousand pounds out of my Reall and personall Estate In case such settlement
153    shall be duly made as aforesaid and not otherwise To be paid unto him by my
154    Executor in Trust mentioned in the said will when and ____ as he shall attain
155    the age of one and Twenty years And I doe hereby declare That my said Estate
156    shall be charged and chargeable there with and subject to the payment thereof
157    And in Case my said sonne James shall happen to dye before he attaine his said
158    age of one and Twenty yeares Then this devise to be void And I doe further
159    declare that these presents shall be a Codicill of my last will and Testament
160    and it now shall be taken as part thereof And that all giuft devises legacies and
   
161    bequests in my said will by me devised and bequeathed shall stand in full force
162    according to the true intent and meaning thereof (the said Legacie and bequest
163    of Five Thousand pounds therein given to my said sonne James and the other
164    persons as aforesaid therein named onely excepted) And I doe hereby further give
165    devise and bequeath unto all and every of my servants that attend me in the
166    present suffers or shall attend me att the time of my decease a full years pays
167    which I do hereby declare and it is my full intent and meaning That it shall be
168    paid to them and every of them by my Executors in Trust mentioned in my
169    will In witnes whereof I have hereunto put my  hand and seale this First
170    day of May in the yeare of our Lord Christ one Thousand Six hundred and
171    Seaventy and Eight And whereas by my marriage with my wife Mary
172    Buller the sole daughter and heire of Sir John Maynard of Tooting Graveney
173    deceased There was att my marriage with my said wife Mary Buller due
174    unto me the summe of Five Thousand pounds for her Marriage portion which
175    was settled upon her by her Grandfather and Father Now I  declare it to be
176    my will That in case my said wife shall happen to dye before she be of the
177    Age of one and Twenty years or after she shall happen to be of the age of one
178    and Twenty And that the children she hath or shall have by me shall happen
179    to dye before they either or any of them be of the age of one and Twenty or that
180    it shall happen my wife shall have noe Children by any other husband or
181    husbands That shall live to be of the Age of one and Twenty years That then
182    in such case onely It is my will That the said summ of Five Thousand pounds
183    due to me for my wifes said portion after her death at the decease of the Children
184    That she now hath or may have at any time during her life by me or any
185    other husband or husbands as aforesaid dyeing before they come to be of the age of
186    One and Twenty years without issue shall be paid to such person and persons as
187    shall severally and respectively be entitled unto the Freehold and ______
188    of my Lordshipps mannors Bartons Farmes and Demesne with their and every
189    of
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190    of their Rights members and appurtenances being in the Kingdome of England
191    By vertue of any Deed or Deeds made by me the said Francis Buller as by vertue of
192    my last will and Testament made by me the said Francis Buller bearing date of
193    or about the Fifteenth day of Aprill one Thousand Six hundred Seventy and
194    Eight And whereas the Terme Interest and Estate of my Father in ____
195    mannors and lands in Isleham and else where in the County of Cambridge and
196    Suffolke or one of them hath by one or  more assignement or assignements thereof
197    made and executed borne sett over and transferred to me as to  some person
198    or persons in Trust for me I doe hereby declare my mind and will to be that
199    the said mannors and lands in the said Countyes of Cambridge and Suffolk
200    shall not go to my Executor or be lyable to any Trust or Trusts in my will
201    But that the same shall be held and enjoyed by my Father and such person and
202    persons as would have stood entitled to the same if such Assignment or
203    Assignments and not _____ ___ And I doe further declare that these
204    presents shall be a Codicell of my last will and Testament and is and shall
205    be taken as part thereof In witnes whereof I have hereunto put my hand
206    and seale this First day of May in the yeare of our Lord Christ one Thousand Six
207    hundred Seaventy and Eight Fs: Buller Sealed published and declared
208    by the said Francis Buller the younger as a Codicell of his last will and Testa-
209    ment in the present of John Herle Tho: Percival Joan Wetherley

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