Friday, February 15, 2013

Will of Dame Susan Buller, widow of Churston Court, Devon - The National Archives PROB 11/1517/130, probated 3 Dec 1810

The testator Dame Susan Buller was the daughter of Francis Yarde of Churston Ferrers, Devon. She married Francis Buller son of James Buller of Downes and Lady Jane Bathurst. On the Visitation she was known as Susanna Yarde. With this line begins the Yarde-Buller family and they were well known especially for their military careers. But the husband of Dame Susan was a Judge of the Court of Common Pleas and he was created a Baronet 29 Nov 1789 and he died in London 4 Jun 1800. I have a copy of his will from the Society of Genealogists in paper form. Only two children are listed for this couple in the visitation but there were also two daughters who both died as infants, Sir Francis Buller Yarde Buller and Edward Buller (eldest son died as an infant). The grandson of Sir Francis Buller, John 2 Lord Churston by Royal Licence 13 Feb 1860 used the surname Yarde Buller only.

Dame Susan was the daughter of Francis Yarde and Elizabeth Northleigh and baptized 24 Jul 1740.  I tried to find information on Francis Yarde and Elizabeth Northleigh's parents but nothing particularly online. Neither of them left a will probated at the PCC as far as I can see.

Transcriber: Elizabeth Kipp
Recorded: 6 Feb 2013
Source: The National Archives, PROB 11/1517/130
Testator: Dame Susan Buller, widow
Place: Churston Court, Devon, England
Date of document: 23 Sep 1805, probated 3 Dec 1810
Read: Electronic copy images
Document quality: 19th century English, legible copy

 [Margin]: Dame Susan Buller

1    This is the last Will and
2    of me Susan Buller of Churstone Court in the County of Devon widow made and
3    published this twenty third day of September one thousand eight
4    hundred and five first I will and direct that all my just debts and Funeral
5    Expences shall be fully paid and discharged and subject thereto I give and bequeath
6    unto my good friends Edmund Bastard of Sharpham in the said
7    county Esq[uie]r and James Templer of Stover Lodge in the said County
8    Esquire their Ex[ecut]ors and Advisors all my Goods Chattels Monies and
9    securities for Money person and Testamentary Estate and effects
10    whatsoever Upon Trust that they or the Survivor of them or the Ex[ecut]ors or
11    Adm[inistrat]ors of such Surv[iv]or shall and do stand possessed of the same and of every part
12    thereof for the use and benefit of my Grandson Edward Buller Yarde
13    Buller the now second son of my son Sir Francis Buller Yard-Buller
14    Bar[one]t and pay or transfer the same over to him when and as soon as he shall
15    attain the age of twenty one years But if my said Grandson shall happen
16    to die under that age then In Trust for and for the use and benefit of my two
17    Grand daughters Susanna and Elizabeth Buller the two daughters
18    of my said son on their attaining their respective ages of twenty-
19    one years or Marriage which shall first happen in equal proportions
20    share and share alike and if either of my said Grand daughters shall
21    die under the said age of twenty one years and unmarried then it is
22    my Will that the share of her so dying shall go and be paid to the
23    Sur[vi]vor of them for her own absolute use at the same time that
24    her own orig[ina]l share will become payable under this my will and I
25    do hereby request and desire the said Edmund Bastard and James Templer
26    and the sur[vi]vor of them and the Ex[ecut]ors and Adm[inistrat]ors of such Sur[vi]vor and I do hereby
27    authorise and empower them and him during the Minority of my said
28    Grandson or during the Minority of my said Grand daughters as the case
29    shall happen to be to manage and employ my said Trust Estate in such
30    manner as in their of his judgement will be most for the advantage
31    of the person or persons who are or will be entitled to the same under this
32    my Will and I do declare that it shall and may be lawful for my said
33    Trustees to retain deduct and reimburse himself and themselves all Costs Charges
34    and Expences which they may incur or be put into in the execution
35    of this my Will and that each of them shall be answerable for his own
36    acts only in or about the trust hereby by me created and not the one for the
37    other and I do make and appoint them the s[ai]d Edmund Bastard and James
38    Templer Ex[ecut]ors of this my Will upon Trust and for the intent and purpose
39    afores[ai]d In Witness whereof I the Susan Buller the Testatrix
40    have to the first sheet of this my last Will and Testament contained
41    in two Sheets of paper) set my hand and to this second and last sheet
42    thereof my hand and seal the day and year first above written Susan
43    Buller Signed sealed published and declared by the abovenamed
44    Susan Buller the Testatrix as and for her last Will and Testam[en]t in the
45    presence of us who at her request in her presence and in the
46    presence of each other have subscribed our Names as Witnesses
47    hereto A T Farnett Benjamin Turpin
48    Proved at London the 3d dec[embe]r 1810 before the Judge by
49    the Oaths of Edmund Bastard and James Templer Esq[uie]rs the Ex[ecut]ors
50    to whom Adm[inistrati]on was granted having been first sworn duly
51    to adm[iniste]r

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