Monday, February 18, 2013

Will of Husey Buller, wife, of Downes - The National Archives PROB 11/945/349, probated 20 Feb 1769

The testator Husey Buller is the first wife of James Buller of Downes (married 8 Dec 1762). She was the daughter of Thomas Gould of Frome and died 26 Sep 1768 aged 31 years according to the Visitation. She had two sons James Buller married to Anne Buller (daughter of William Buller, Bishop of Exeter) and William Buller who marrked Caroline Buller (daughter of John Buller of Bake). This the Buller line that was at Pelynt. John Buller second son of John Francis Buller and Rebecca Trelawny. This John Buller was married twice and the mother of Caroline was Elizabeth Caroline Hunter daughter of John Hunter (second marriage) with his first marriage having been to Mary St Aubyn daughter of Sir John St Aubyn, Baronet. It is this first marriage that the first Buller will transcribed in this large set was from and that was Sir Edward Buller and his daughtger Anna Maria married to James Drummond Elphinstone were his heirs.

This was a second marriage for Husey as her first marriage was to Nicholas Gould of Frome Billet, Stafford and she is said to be of Milbourne Stileham, Bere Regis. They married with consent of parents 19 Sep 1757. The witnesses were Thomas Gould and Ann Gould. The marriage was at West Stafford. Looking up in Burke's Genealogical and Heraldic History of the Landed Gentry, Volume 1, Thomas Gould Esquire was of Milborne St Andrews and Frome Bellet, J.P. and D. L. and he married in March 1728 Mary the daughter of Will Freke and they had the following children: John, William, George, Hubert, Nicholas, Robert Freke, Husey, Mary, Elizabeth, Margaret and Jane. It would appear that Nicholas Gould was a first cousin once removed to Husey and considerably older than her. No children were mentioned in Burke's Gentry.

In the will Husey (this surname also has a history in the family in that the grandfather of Thomas Gould (father of Husey) was John Gould Esquire of Upway and Frome Bellet, lieutenant colonel in the Dorset militia and he married in 1655 Sarah the daughter of Hubert Hussey Esquire of Sydling, Dorset)  mentions her two sons William (the eldest) and Francis. In the Visitation these sons are named William and James (perhaps he was James Francis).

Transcriber: Elizabeth Kipp
Recorded: 6 Feb 2013
Source: The National Archives, PROB 11/945/349
Testator: Husey Buller, wife of James Buller
Place: Downes, Devon, England
Date of document: 25 Sep 1768, probated 20 Feb 1769
Read: Electronic copy images
Document quality: 18th century English, legible copy

 [Margin]: Husey Buller

1    I Husey Buller
2    the now wife of James Buller of Downes in the County of
3    Devon Esquire by Forme and virtue of the power and powers
4    Authority and Authorities to me given or reserved in and by
5    the Articles or Marriage Settlement made previous to or on
6    occasion of my Marriage with my said Husband James Buller
7    and by Forme and virtue of all and every other power and powers
8    Authority and Authoritys ine any way thereto enabling or
9    come to or beene in as in this belief in any manner
10    whatsoever do make and ordain this my Last Will and
11    testament and by me devise bequeath and dispose of all
12    my Lands Tenements heredita[ment]s Goods Chattles and real and
13    personal Estates whatsoever and wheresoever and whereof I
14    have any power of disposing in manner and forme herein
15    after mentioned that is to say First I Give and Bequeath unto
16    my Brothers and Sisters herein after named (that is to say)
17    Hubert Gould George Gould Robert Freke Gould Margaret
18    Gould and Jane Gould the Sum of one hundred pounds of Lawfull
19    Money of Great Britain to each of them to be paid by my
20    Executors herein after named within Six calendar Months
21    next after my decease Also I give and bequeath unto my
22    Son James Buller my Largest Pearl Necklace All my
23    Medals all my dressing plate my diamond Earrings and
24    Diamond Sprigg and also all my peires of fine worked or
25    wrought Sattin intended for a Bed which were purchased of
26    Matthew Spencer Esquire Also I give and bequeath the rest
27    of all my other plate to my said husband James Buller and
28    his Assigns during the term of his natural Life and from and
29    after his decease I give and bequeath the same plate to my two
30    Sons William Buller and Francis Buller to be equally
31    divided between them Share and Share alike when and as soon as
32    they shall respectively attain the age of twenty one years
33    and in case one of them shall happen to dye under the age
34    of twenty one years the whole to go to the Survivor of them
35    and the executors adm[inistrat]ors and assignes of such Survivor
36    for ever and as to for and concerning all my Lands Tenem[en]ts
37    and heredit[ament]s and all the rest residue and remainder of my
38    Goods Chattels and personal Estates Sum and Sums of Money
39    Moneys at Interest Securities for Money Money in the
40    publick Funds Mortgages in force or for terms of years
41    and the Lands Tenements and Heredit[ament]s comprized therein
42    and all other my real and personal Estate whatsoever and
43    wheresoever not herein Before given and bequeathed after all
    [Page 2]
44    my just debts Legacys and Funeral Expences are First satisfyed
45    and paid I give devise and bequeath the same and every part
46    and parcell thereof with their and each and every and either
47    of their Rights Members and Appurt[enances] unto my said husband
48    James Buller and John Burland Esquire Serjeant at Law
49    their heirs Executors Adm[inistrat]ors and assignes And I hereby make
50    ordain constitute and appoint them the said James Buller
51    my husband and the said John Burland whole and sole
52    Executors of this my Last Will and Testament hereby revoking
53    all former and other wills by me made upon the Trusts
54    and to the uses herein after mentioned expressed and declared
55    of and concerning the same (that is to say) Upon Trust
56    and to and for the only use benefit and advantage of my
57    said two Sons William Buller and Francis Buller their heirs
58    Executors Adm[inistrat]ors and assigns to be equally divided between
59    them Share and Share alike when and as soon as they shall
60    respectively attain the age of Twenty one years and in
61    case either of them she happen to dye under the Age of
62    Twenty one years Then the whole to go to and be vested in the
63    survivor of them and the heirs executors adm[inistrat]ors and assigns
64    of such Survivor for ever and upon no other Trust to no
65    other use and for no other End Intent or purpose whatsoever
66    and I hereby will order and direct that my said Trustees
67    and the Survivor of them and the heirs Executors or adm[inistrat]ors
68    of such Survivor do and shall Lay out and Expend such Sum
69    and Sums of Money in the Maintenance and Education of
70    my said two Sons William Buller and Francis Buller during
71    their respective Minoritys as they shall think proper And
72    that my said Trustees or the Survivor of them and the heirs
73    Executors or Adm[inistrat]ors of such Survivor shall and Lawfully
74    may retain and employ such one or more attorney or
75    attorneys Stewards or agents in the Management of my
76    Trust Estate and give such Salary or Salaries Reward or
77    Compensation to such attorneys Stewards or agents as
78    they shall think proper and that my said Trustees respectively
79    and their respective heirs Executors and adm[inistrat]ors shall be
80    saved harmless and be kept Indemipified and shall and
81    lawfully may deduct and retain to themselves severally out
82    of my Trust Estate for all such Costs Charges Trouble damage
83    Loses and Expences as they shall or may severally be at
84    sustain or put into for or by reason or means of the Trust
85    hereby in them reposed or anything relating hereto and
86    that my said Trustees shall be only answerable and accountable
87    for so much of the Trust Moneys as shall come to their hands
88    respectively and not the one for the other of them nor for the
89    Acts Receipts Payments defaults or Miscarriages one of
90    the other but each for his own Acts Receipts payments
91    defaults or Miscarriages only Neither shall they be answerable
92    or accountable for any Loss that shall or may happen unless it
93    by their or either of their wilfull neglect or default and
94    I hereby further will order and direct that my said Trustees
95    respectively and their respective heirs Executors or Adm[inistrat]ors
    [Page 3]
96    shall and Lawfully may Call in have and receive any of
97    my Moneys now at Interest or Invested in any or either of
98    the Publick Funds and put and place the same or any other
99    of the Trust Moneys at Interest on such Security of Securities
100    as they shall think proper or Invest the same or any part
101    thereof in any or either of the publick Funds or government
102    securities and to alter and change the same from time to
103    time as occasion shall require it and that in case any
104    debtor or debtors to the Trust Estate shall become insolvent
105    so as not to be able pay the whole of their respective debt
106    or debts That then and in every such Case and so often it
107    shall and may be Lawfull to and for my said Trustees to
108    Compound for the same and to accept and take such
109    dividend or dividends as can or may be had or gotten
110    from such Insolvent Debtors Estate and Effects and give
111    receipts and acquittances for the same accordingly as
112    if the whole of such debt or debts had been fully paid In
113    witness whereof I the said Husey Buller the testatrix have
114    to this my Last Will and Testament contained in two sheets
115    of paper put my hand and seal in manner following to wit
116    my hand to the bottom of the First sheet thereof and my
117    hand and Seal to this second and Last Sheet thereof this
118    Twenty Fifth day of September in the year of our Lord one
119    thousand Seven hundred and Sixty Eight Husey Buller
120    Signed Sealed published and declared by the above named
121    Husey Buller the Testatrix as and for her Last Will and
122    Testament in the presence of us who have subscribed our
123    Names as witnesses thereto in her presence and at her request
124    and in the presence of each other of us Geo. Bent Samuel
125    Hart Thos Westlake
126    This Will was proved at London on the Twentieth
127    day of February in the year of our Lord one thousand seven
128    hundred and sixty nine before the worshipfull George
129    Harris doctor of laws and Surrogate of the Right Worshipful
130    George Hay also Doctor of Laws Master Keeper or Commisary
131    of the prerogative Court of Canterbury Lawfully Constituted
132    by the Oaths of James Buller Esquire the husband of the
133    deceased and John Burland Esquire Serjeant at Law the
134    executors named in the said will to whom administration
135    was granted of all and Singular the Goods Chattels and Credits
136    of the said deceased they having been First sworn duly to
137    administer.

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