Saturday, February 2, 2013

Will of Francis Buller of Pelynt - The National Archives PROB 11/126/336, probated 27 Oct 1615

The will of Francis-1 Buller and thus begins the series of Francis Buller wills. This Francis is the son of Richard Buller and Margaret Trethersie. The Visitation of Cornwall lists his death as 28 Sep 1616 which must be in error as his will was probated 27 Oct 1615. Checking the Probate attached to the will it does appear to be 27 October 1615. The Inquisition Postmortem was held 14 James 1 or 1616. Francis married Thomasine Williams (daughter of Thomas William Esquire of Stowford Devon). His mother Margaret was the widow of Edward Courtney of Landrake  (coheir of Edward Courtney last Earl of Devon). Richard, his father, was the son of Alexander Buller and Elizabeth Horsey (daughter of Sir John Horsey). and Alexander would have been born at Lillesdon Somerset. Alexander's parents having been John Buller and Alice Sidman. This John was then the son of John Buller and Thomasine Orchard. Back another generation the father there was John Buller married to Alice Beauchamp (heiress of John Beauchamp of Lillesdon). I have no idea on the accuracy of this Visitation. It continues back to John Buller married to a daughter of Gourney of Norfolk and then Ralfe Buller of Wood, Somerset.

It is this line in Somerset that does rather interest me as there are a number of sons not traced down further than the early 1600s. I do know that a descendant of the Somerset ended up in Bermondsey in the early 1800s and named their child Christopher Buller and another Henry Buller. Coincidence or no; I really have no ideas on that but I tend to look at everything where this family is concerned.

A few blanks again that I will fill in at some point in the future. Another fascinating will of this Buller family of Cornwall. They were such a very very large family in Cornwall and end up with John Buller of Morval inheriting the lot.

Transcriber: Elizabeth Kipp
Recorded: 30 Jan 2013
Source: The National Archives, PROB 11/126/336
Testator: Francis Buller
Place: Pelynt, Cornwall, England
Date of document: 10 May 1615, probated 27 Oct 1615
Read: Electronic copy images
Document quality: 17th century English, legible copy

[Margin]: T[estament]
[Margin]: Francis
[Margin]: Buller

1    In the name of God Amen The Tenth day of May
2    in the yeare of the Raigne of our soveraigne Lord James by the grace of God of
3    England Frannce and Ireland kinge defender of the faith the Thirteenth and of
4    Scotland the xlviij th and in the yeare of our Lord God 1615 I Franncis Buller
5    of Tregarrick in the parish of Pelint in the countie of Cornewall Esquyer
6    beinge in perfect memory and in good health of bodie thanckes be unto Allmightie
7    God for the same consideringe the uncertayntie of mans life, and the dangerous
8    dayes that we live in and having A care and desire for the dispossinge of such
9    Landes and goods as God hath lent me, for the advancement Releiffe Comfort good
10    mayntenance of my wyffe children and such other as by duetie and nature I
11    thinck myselfe be mind to have care of to the end that noe varyannce or discord may
12    growe amonge them after my death But that they may contynewe in love and amytie
13    doe make this my last will and Testament in manner and forme hereafter followinge, First
14    I doe by theese presents Revoke frustrate and make voyd all former wills and Testaments
15    by me heretofore made and doe declare this to be my true and last will First I com[m]end
16    my soule to Allmightie God my maker sanctifier and Redeemer hoping that by the
17    Bloodsheddinge of Jesus Christ to enioye that heavenly blessinge prepared and ordeyned
18    for his elect And I will that my bodie be buried in honest decent and christianlike
19    manner by the discre[t]ion of my Executors and Overseers or the most p[ar]te of them in the
20    Church of Pelint or in the Channcell there before my seate, It[e]m I gyve to the wardens
21    of the poore people of the parish of St Stephens neere Saltashe in the county of corne
22    wall to the use and for the Releiffe of the said poore people xx s Item I gyve and bequeath
23    To the wardens and overseers of the poore people of the parish of Landracke in thee
25    said countie to the use and for the Relieffe of the said poore people xx s. Item I gyve and
26    bequeath to the wardens and overseers of the poore people of the parish of Tallan in
27    the said countie to the use and for the Releiffe of the said poore people xx s, Item I
28    gyve to the wardens and overseers of the poore people of the parish of Lansallos in
29    the said county to the use and for the Releiffe of the said poore people xx s, Item I gyve
30    and bequeath to the wardens and overseers of the poore people of the parish of Pelint
31    in the said county to the use and for the Releiffe of the said poore people v s, Item I gyve
32    to the wardens and overseers of the poore people of Westlowe to the use of the poore
33    there xx s, Item I gyve to the wardens and overseers of the poore people of the towne
34    of Lost Wythyell to the use of the poore there xx s, Item I gyve to the wardens and
35    overseers of the poore people of the parish of Trewardreth to the use of the poore
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36    there xx s, Item I gyve to the wardens and overseers of the poore people of the parish of
37    St. Blasey to the use of the poore there xx s, Item I gyve to every poore and needy p[er]son
38    that shal[l ]be present at my buriall two pence, and meate and drinck for there dyner on
39    that day I shal[l ]be Buried, Item I gyve to every of my godchildren vi s viij d, Item I give
40    and bequeath to John Wills Vicker of Pelynt yf he be lyvinge at the tyme of my
41    death xl s Item I gyve and bequeath to William Triggs xl s. Item I gyve and bequeath
42    to Charles Jope xl s, Item I gyve and bequeath to every of my covent servants that shall
43    serve me the day of my death as much money as he or her wage shall amount unto
44    for one quarter of a yeare Item I give and bequeath to Sir Richard Buller Knight my
45    eldest sonne my gould Ringe wherin my seale of armes and my _____ ____ of _____
46    Item I doe give and devise to Franncis Buller sonne of the foresaid Sir Richard Buller and
47    to the heires males of his bodie lawfully to be begotten the Bartone Grannte and Tithing
48    Sh_isse of Pelnet aforesaid w[hi]ch an Ach__d nowe houldeth by leife for certayne
49    yeares yet endueing And yf he happen to dye w[i]thout yssue male then my will and
50    devise is that the same Bartorye and Sheaffe shall remayne and be to George Buller
51    his second Brother and to his heires males And for default of such yssue male that my
52    will and meaninge is that the same shall remayne and be to Richard Buller his third
53    brother and to his heires males And for default of such yssue then my Will and
54    meaninge is that the same Bertony shall remayne and be to John Buller the fowerth brother
55    and to his heires males And for default of such yssue then my will and meaning is
56    that the same shall remayne and be to Anthonie Buller the fifth brother and to his
57    heires males And for default of such yssue the remainder by cause to the right
58    heires of me the said Franncis Buller for ever, Item I give and devise to the fore
59    said George Buller the yearely Bond of vi li vj s viiij d yssuing going out and
60    yearely payably of certayne lands and tenements with the appurtenances called
61    Forde lyeing and beinge in the parish of Lanhdrocke in the Countie of Cornewall
62    which premisses I bought of Mr Langherne To have receave and leave the Rent
63    ymediatly after my death for so longe tyme and terme as Mr Killyowe estate
64    and lease stand in certaine lands called Lysses in Lansalles that he houldeth of
65    me doth endure, Item I give and bequeath to Sir Richard Bullers three sonnes
66    Richard John and Anthonye Fiftie pounds a peece to be payed to every of them when
67    as they shall severally accomplish the age of xij yeares And yf any of them happen
68    to dye before that age then his por[t]ion shall goe and be to the there then lyvinge
69    Item I give to Sir Richard Bullers three daughters viz[ a vi]t Katheryne Julyan and
70    Alice Fiftie pounds for every of them to be payd to them within three monethes of
71    each of their mariages so as they doe marrie with the liking of there parents
72    whereas I nowe houlde the moytie of one Tenement in Lansallos called Killiowe
73    for diverse yeares yet and many of the grannt and demense of Sir Jonathan Trelawny
74    knight deceased and one seized of the other moyty of the said Tenement to me and mye
75    heires, I doe hereby give and devise to Franncis Buller my sonne and to the heires
76    males of his body lawfullye to be begotten my said moytie and halfendale of the said
77    Tenement in Killyowe for and during the terme of two hundred yeares, yf the said
78    Franncis and his said heires males so longe happen to lyve and not otherwise the terme
79    to begyn at the Feast of St Michaell Archangle that shall be next after my death
80    yealdinge and payinge therefore yearely to my heires xxvi s viij d at the Feast
81    of St Michaell Archangle during the said terme And also I do give and devise
82    to the said Franncis th[e ]other moyty of the said tenemente which I houlde of the
83    grant of the said Sir Jonathan from the feaste of St Michaell Archangle next
84    after my decease for and during all the residew of the terme of yeares that
85    shalbe thereof then to come Provided allwayes that yf the said Franncis his execu-
86    tors or Assignes doe grannt or demise the said Tenement or any p[ar]te thereof to
87    any p[er]son or p[er]sons for any great or longer estate or Terms then Tenn yeares at
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88    one tyme unlesse it be to the use of his wiffe for her Joynture or dower for terme of her lyfe
89    onelye, or to the use of his children or some or one of them, except it be to buye a better
90    Tenement, That then the said estate and terme to him hereby gyven devised and bequeathed of so
91    much of the said Tenement and he the said Franncis his executors or Assignes shall so grant
92    and demise for any longer term then Tenn yeares as aforesaid shall cease and Be utterly voyd
93    Item I give to the said Franncis all my corne that shalbe growing in the ground at Kallyowe
94    aforesaid at the tyme of my death And whereas allso I nowe have and hould of the grannt
95    and demise of John Killyowe Esquier one Tenement called Tremdayne in the parish of Pylent
96    aforesaid for the Terme of my wyve's life in possession the remaindder therof after her
97    decease to Mathewe and Franncis my two sonnes ioyntly for terme of their lives, yf there
98    fore the said Franncis my sonne after the decease of my said wiffe doe not peaceably and
99    quietly permitt and suffer the said Mathew his brother during his liffe to have and enioy all
100    the said Tenement called Tremayne by and under the Rents duties and serving men[t]ioned
101    in the said lease, Then my will and meaninge is that ym[m]ediatly uppon the disturbance of
102    the said Mathewe in haveing and enioyinge of the said Tenement as aforesaid, That the said
103    Mathewe from henceforth shall have levy and receive yearely dureinge his lyfe out of the
104    Barton and farme of Tregarrick in the parish of Pelint aforesaid Twenty marks of
105    lawfull money of England according to Agreement of Annuytie or Rent charge thereof made
106    under my hand and seale, Allso I give and bequeath to the said Franncis my sonne one
107    hundred poundes of lawfull money of England and to be payed w[i]thin one yeare after my
108    death And allso I doe give and devise to the said Franncis my sonne and to the heires
109    males of his body lawfully to be begotten for terme of two hundred yeares to begin
110    ym[m]ediatly after the death of Thomasyne my wife the moyty and halfendale of the
111    messuages Tenements Barton land and mills of Tregarrcok in the parish of Pellynt
112    in the county of Cornewall yf the said Franncis and his heires males so longe happen to
113    lyve payeinge then yearely to my right heires for my said moyty three pounds at the
114    Feast of St Michaell th[e ]archangell dureing the said terme of Two hundred yeares Allso
115    I doe give and devise to the said Franncis my sonne the other moytye and halfendale
116    of the said Messuage Tenements Barton landes and mills of Tregarrcoke aforesaid after
117    the death of my said wiffe w[hi]ch I hould of the grannt and demise of the foresaid Sir Jonathan
118    Trelawnye for and duringe all the estate and terme that shalbe then to come of and in the
119    same payeing therefore yearly to the heires of the said Sir Jonathan the Rents and serving
120    due for the same duringe the said terme provided allwayes that yf the said Franncis
121    his Executors or Assignes doe grannt or demise the said premisses in Tregarrick or
122    any p[ar]te therof to any p[er]son or p[er]sons for any greater or longer estate or terme then Tenn
123    yeares at one tyme unles it be to the use of his wiffe for her Joynture or dower for
124    terme of her liffe only or to the use of his children or some one of them that then the
125    estate and terme to him yearly given and devised of so much of the said Tenement and
126    premisses as to the said Franncis his Executors or Assignes shall be grannt and demise
127    for a longer terme then Tenn yeares as aforesaid shall cease and be utterly voyd Allso
128    I give to the said Franncis all my leases estate and termes of and in one Tenement
129    called Treley in the parish of Pelint aforesaid w[hi]ch shalbe to expire after my death
130    Allso I doe give and bequeath to Thomasyne Honnywood my daughter's child my
131    second best silver balle doble gilt, Allso I doe give to Thomasin Dodson my daughter
132    my third best silver balle doble gilt, Allso I give to Margery Mannington my daughter
133    my fowerth best silver balle doble gilt, Allso I give and bequeath to Emylin Buller my
134    daughter a silver balle the valewe of five poundes or else five pounds in money in
135    recompense hereof, Allso I give to my godson Arthur Burell five pounds, Allso I
136    give to Edward Jppe my servant Three pounds in money, Allsoe I give to Marie Bone
137    my servant Tenn shillings, Allso I give to my godsonne Thomas Dodson Six pounds
138    Thirteene shillings and fower pence, Allso I give to Anne Vyvgen my daughter's
139    daughter Tenn pounds at her marriage, Allso I doe hereby give and devise to
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140    Thomasyne my wyffe for terme of her life in lawe and accompenet of all her Joynture and
141    dower w[hi]ch she may have or clayme of and in any of my lands and Tenements within the
142    countyes of devon and cornewall after my decease, These severall messuages lands tenements
143    rents estates leases and terms hereafter followinge, That is to saye the moyty and halfendale
144    of all my messuags landes tenements Barton and milles of Tregarrick within the parish of
145    Pilint in the County of Cornewall w[hi]ch moytie is myne owne lands for terme of her
146    life, And allso I give assigne and devise to my said wife for terme of her lyve the
147    then moytye and halfendale of all the said messuags lands tenements Barton and milles
148    of Tregarrocke w[hi]ch I hould of the grannt of Sir Jonathan Trelawnye yf Thomasyne
149    and Margery my daughters or either of them so longe lyve, And allsoe I doe give and
150    devise to my said wyffe the moyty of certayne land called Lochand for terme of her
151    liffe w[hi]ch I hould of the grannt of Sir Jonathan Trelawnye, And allso I doe gyve and
152    devise to my said wiffe th[e ]other moytye of the said premisses w[hi]ch is myne owne land for
153    Terme of her lyfe, Allso I doe give and devise to my said wiffe in recompence as aforesaid
154    for terme of her lyfe all my landes and Tenements called Taley in the parish of Pelint in
155    the countie aforesaid, Allso I give and devise to my said wiffe one tenement in Lancare
156    in the parish of Pelint for terme of her liffe, yf Mathewe Franncis and Emlin Buller my
157    children and Franncis sonne of Sir Richard Buller or any of them so longe lyve, And allso I
158    doe give and devise to my said wiffe all my leases estates and termes of yeares w[hi]ch I have
159    to come and expire of and in the Inner Gaynttary ground w[hi]ch I have of the grannt of
160    John Wills Clarke provided allwayes that yf the said Thomasine my wyffe doe at any
161    tyme after my decease clayme or swe for any Joynture or dower in any of the kings
162    courte of or for any of my lands tenements within the said counties of Devon or Corne
163    wall or happen to marrye after my decease that then and im[m]ediatlye thereuppon the
164    gyfte devises estates interrests and termes of yeares to her heretofore by these presents
165    given devised lymitted or assigned of and in all and every p[ar]te of the premisses before
166    men[t]ioned shall cease and be utterly voyde to all intents and purposes and she to stand to her
167    dower at the com[m]on lawe, And that then I will and devise hereby that all the said
168    estates interrests and termes of yeares unto her given and devised as aforesaid shall then
169    presently come and be to the forsaid Sir Richard Buller his heires and Assignes in
170    discharge and lawe hereof, provided allso and my intent and meaning is that yf my said
171    wiffe doe after my decease and before such tyme as this my said will shal[l ]be approved
172    accordinge to the cawse of Lawe wherein I have appoynted her to be one of the Execu
173    tors, Realease or make such other convenyance as shal[l ]be thought reasonable to my sonne
174    Sir Richard Buller his heires or Assignes of her Joynture and dower and the same
175    deliver unto him as her deed of and in all my lands and tenements in the foresaid
176    counties of devon and cornewall except it be to those land and tenements Rents
177    estates and termes herein, in and by theise presents unto her the said Thomasine
178    Assigned devised given and appointed for terme of her lyffe, That then shee shal[l ]be one
179    of my Executors and hereafter shall appeare in and by this my said will, but yf shee
181    Refuse so to doe and doe not make Release or such other assurance as aforesaid of her
182    said Joynture and dower that then I doe appoint my said sonne Sir Richard
183    Buller to be my sole Executor, and she the said Thomasine not to intermell with the
184    Executorshipp nor w[i]th any of my goods or chattells by reason therof, nor to take any
185    presett or benefitt thereby any things here in contayned to the contrary not w[i]th
186    standinge, Allso I doe hereby Will and request my said wyffe to fynd my said sonne
187    Franncis Buller after my decease meate drincke and lodginge during her life in con-
188    sidera[t]ion whereof I doe give to her during the said tyme All my Rents of my lands
189    in Kyllyowe in the parish of Lansallos w[hi]ch I purchased of one John Co[w]ell and of
190    Trehawks heires, and allso all the Rents of my lands in Pollpena w[hi]ch I purchased
191    of Hugh Trevanyon gent, And allso all the Rents  of my lands in the Bourreingh
192    of Portpigham alias Westlowe, And allso the Rents of my lands in Penkelly in the
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193    parish of Pellint, and allso all the Rents of my lands in Muchlarnick in the parish of
194    Pelint, And allso my Rents in Pennant in the parish Lyskerd, and allso the Rents of my
195    lands in St Germans parish, And allso all my p[ar]te of my Rents as well hughs Rents
196    as conveniency Rents of the Mannor of Tregarrick And allso John Hodgs Rent
197    And allso all the yearely Rents of all my lands and Tenements in the parish of St
198    Martins during her lyffe, so as my said wife doe not sue for her dower of any of my
199    lands whatsoever, but yf shee doe, then her estate and right for and concerning the said
200    Rents to cease and be voyde, But yf my said sonne Franncis Buller doe not take
201    his dyett with his said mother as aforesaid and dep[ar]te from her then she shall paye
202    yearely unto him, Tenn poundes towards the same and his mayntenance and noe more,
203    provided allso and my will intent and meanings is, That yf my said sonne Franncis in
204    the lyfe tyme of his said mother marry himself w[i]thout the consent of his said
205    mother or after her decease doe marry without the consent of the most p[ar]te of my
206    Overseers rules it to be to ane honest woman of A good parentage and fitt for his estate
207    and degree and so thought and accompled of that then all my gifts grannts bequeathes
208    devises and estates made or given in and by these presents shalbe utterly voyde to all intents
209    and purposes as yf they had never bine made or given any things herein to the con-
210    trary notw[i]thstanding, Allso my further will and meaning is that my Executors shall
211    pay yearely unto my sonne Mathew during the liffe of Sir Richard Buller Tenn
212    pounds by equall por[t]ions quarterly to be payed so as the said Mathew Buller doe
213    before any paymente thereof made give bond to my said Executors to paie unto my sayde executors  or the Survivors of
214    them or to his or theire Assignes within Twoe yeares after the death of the said Sir
215    Richard, yf the said Mathewe be then lyvinge, so much money as he the said Mathewe
216    shall receive in the lyfe by me of the said Sir Richard Buller, Allso I doe hereby
217    appoynt and ordayne Thomasyne my wife and Sir Richard Buller my sonne to be
218    my Executors of this my last will and Testament, And I doe hereby give to them
219    all my goodes and chattles not before given and bequeathed after my Funeralls
220    discharged and my debts and legacies payed and satisfied, And yf my said wiffe
221    or my said sonne or eyther of them doe introvene or goe about (after my decease)
222    to defeyte or defraude any of my children of any legacy or thinge to any of them
223    by this my last will and Testament geven willed or ment, that then and ymediatlye
224    uppon such indeter or goinge about so to doe her and his authoritie and Right of
225    Executorshipp shall cease, and all legacies and things by this my last will and Testa-
226    ment given or bequeathed to them or eyther of them that so dothe to be voyde, And then
227    I will that Franncis my sonne in her or his place (that soe dooth or goeth about so
228    to doe) coexecutor and shall have all such legacies as are before geven or bequeathed
229    to the said Thomasine and Sir Richard or any of them so doing, provided allso that
230    yf my said wiffe (after my decease) happen to marrie agayne, That then her
231    executorshipp and all interrests and rights hereby had or to be had shal[l ]be voyde
232    To all intents and purposes, Allso I doe hereby ordayne and appouynt my welbeloved
233    freinds Sir Thomas Wise knight Edward Trelawnye Josephe Basford Robert
234    Dodson and Sampson Maningto[n] Esquiers to be my Overseers of this my last will
235    and Testament whome I doe earnestly prayer and desire to ayde and assist my
236    Executors in the execu[t]ion and performance hereof, And I doe hereby give to every
237    of them for their paynes to be take[n] therein Fortie shillings, in Witnes whereof I
238    the said Franncis Buller to this my present Testament and last will have putt my
239    hand and seale the daye and yeare abovesaid in the presents of these whose names
240    are subscribed or indorsed whome I have requested to witnes the same Franncis
241    Buller Sealed and delivered in the presence of thise p[er]sons under written
242    Joseph Basford, Peirre Mannington, Henry Chind[er]ton, William Triggs, John
243    Cornewe, Robert Sampson

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