Sunday, February 17, 2013

Will of James Buller Esquire of Downes - The National Archives PROB 11/975/309, probated 3 Mar 1772

The testator James Buller was the son of James Buller and Elizabeth Gould (daughter of William Gould of Downes) and she died in 1742 with their son James Buller of Downes being the only named child in the Visitation. This line is known as the Buller of Downes line in the Visitation. Downes is about 0.9 miles ESE of Crediton.

This will is dated 6 Jul 1769 and his first wife Husey Gould died 26 Sep 1768. I suspect he had not yet married Mary Hippisley Coxe daughter of John Hippisley Coxe of Ston Eston, Somerset as there is no mention of his second wife or of his son John Francis Buller their son. This John Francis Buller assumed the name of Hippisley Coxe by royal License 19 Apr 1796. He married Hester daughter and heir of Thomas Jeffreys of Creed Place, Gloucester (3 Mar 1803) and she died in 1807. their only child it would appear by the Visitation was Henry Buller Hippesley Coxe who was born 19 Mar 1804 and died at Rome 1823 unmarried and thus ended that line. Presumably any property reverted back to the right heirs of John Hippisley coxe of Ston Eston, Somerset and Thomas Jeffreys of Creed Place, Gloucester. the Visitation does not have any further information on this line. The Buller of Downes line continues down to the present day and they continue to reside at Downes.

Again this is not my line because my Christopher was born in 1763 and already the lines are past that point in the charting. There is one more will for James Buller grandson of the testator (and son of James Buller) who married Anne the daughter of William Buller bishop of Exeter (mentioned in the will of her mother Anne Buller blogged earlier).

The testator James Buller died 11 Feb 1772 and he was buried as requested at St Thomas the Apostle near Exeter. His first wife was Husey, daughter of Thomas Gould of Frome, Dorset. I will check and see if she was a cousin of James since his mother was Elizabeth Gould daughter of William Gould of Downes.

I was curious why no mention of his son by his second marriage initially until I realized that the will was dated prior to his birth so perhaps the death of James Buller in 1772 was rather sudden and he had not yet revised his will. I did find the marriage of Mary Hippisley Coxe to James Buller and it is said to have taken place 20 Jan 1770 in St Michael, Bath. She was apparently well dowered so perhaps she took on the responsibility of raising their son John Francis Buller Hippisley Coxe as his surname became with the Royal License. Thomas Jeffreys his maternal grandfather was a goldsmith from London who purchased Creed Place around 1800.

On Find my past I did find the baptism of John Francis Buller 25 Jun 1771 at St George, Hanover Square and he was born 31 May 1771. I will investigate that when I look at the wills in Middlesex and London. The Record is from Westminster Archives. Perhaps James just did not get around to making any changes in his will if this is him in London. The original record adds just one piece of information that it was James Esquire. However this line does end with the son of this John Francis Buller Hippisley Coxe as he died unmarried at the age of 19 years.

Transcriber: Elizabeth Kipp
Recorded: 8 Feb 2013
Source: The National Archives, PROB 11/975/309
Testator: James Buller, Esquire
Place: Downes, Devon, England
Date of document: 6 Jul 1769, probated 3 Mar 1772
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: James Buller Esquire

1    I James Buller
2    of Downes in the County of Devon Esq[uie]r being of a
3    sound Mind Memory and understanding praised be
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4    God for the same do make and ordain this my last Will
5    and Testament and Give devise and Bequeath and dispose of all
6    my Lands Tenements Goods and Chattels and Real and
7    personal Estate whatsoever and wheresoever in manner
8    and form hereinafter mentioned that is to say first I give
9    and bequeath unto my grand Mother Elizabeth Gould the sum
10    of twelve hundred pounds of lawful money of Great Britain
11    to be paid her by my Executors hereinafter named within three
12    Calendar Months next after my decease also I give and
13    bequeath unto my said Grand Mother Elizabeth Gould all the
14    Jewells Gold Rings Necklaces Earrings Diamonds Pearls
15    Medals Trinkets and all these other things late the property of my
16    Aunt Tuckfield deceased and which I purchased of Mrs Elizabeth
17    Tuckfield administratrix of John Tuckfield Esq[uie]r deceased also I
18    give and bequeath unto Agnes White of Sanford in the County
19    aforesaid Widow and her assigns one clear annuity of
20    thirteen pounds of lawful Money of Great Britain to be paid
21    to the said Agnes White and her assigns yearly and every
22    year during the term of her natural life by even and equal
23    half yearly payments and on those days in the year herein
24    after mentioned, that is to say, the twenty fifth day of December
25    and the twenty fourth day of June the first payment thereof
26    to begin and be made on such of the said days as shall first
27    appear next after my decease and I hereby subject and
28    Charge all my personal Estate to and with the payment of
29    the said annuity of Thirteen pounds to the said Agnes White
30    and her assigns yearly and every year during the term of
31    her natural life Also I give and bequeath unto Sir John
32    Chichester of Youlston in the said County of Devon Baronet
33    and John Parker of Saltien in the County aforesaid Esquire
34    their Executors Administrators and assigns all the plate
35    which I lately purchased of Christopher Harris Esq[uie]r and also all
36    my Moneys now in the publick Funds or any or either of
37    them with the Securities for the same upon Trust and to
38    and for the only use Benefit and advantage of my Son
39    William Buller his Executors admors and assigns when and as soon as he shall attain the age of twenty one years But in case my said son William Buller shall happen to dye under the age of Twenty one years Then Upon Trust and to and for the only use benefit and advantage of my son James Buller his Ex[ecu]tors Adm[inistrat]ors and assigns and upon
40    no other Trust whatsoever and I hereby will order and direct
41    that the said Sir John Chichester and John Parker and the
42    Survivor of them and the Executors or administrators of such
43    Survivor do and shall with all convenient Speed after my decease
44    sell and dispose of the said plate and every part thereof
45    for as much Moneys and for such prices as can or may be
46    had or gotten for the same and do and shall pay and
47    apply the Moneys arising by such sale (after all Charges
48    and Expences are deducted) in the purchasing Stock in some
49    or one of the publick Funds and apply the interest proceeds
50    produce or profits thereof and also the Interest proceeds
51    produce or profits of the Moneys already in the publick
52    Funds or some of any of them in the purchasing other
53    Stock in some or one of the Public Funds yearly and every
54    year during the minority of my said two sons or either
55    of them and in Case my said son William Buller shall
    [Page 3]
56    live to attain his age of twenty one years Then I hereby
57    Will order and direct that all the stocks or Moneys in the
58    publick Funds and all the Benefit thereof shall be assigned
59    and transferred to the said William Buller his Executors
60    administrators and assigns But in case my said son William
61    Buller shall happen to die under the age of twenty one years
62    in the life time of his Brother James Buller I hereby Will
63    order and direct that the said Stocks of Moneys in the Publick
64    funds and all the Benefit thereof shall be assigned and
65    transferred to the said James Buller his Executors adm[inistrat]ors
66    or assigns on his attaining the age of twenty one years also
67    I give devise and bequeath unto the said Sir John Chichester
68    and John Parker their heirs and assigns all that my Mansion
69    house and my Capital Messuage Barton Farm and
70    Demesne Lands of or commonly called or known by the Name
71    of Wears Downes together with the several Tenements Fields
72    or closes of Land Marshes and Meadows usually held and enjoyed
73    therewith with their and every of their  Rights members and
74    appurtenances and also all those two Messuages and Tenements
75    with the appurtenances commonly called or known by the Names
76    of Higher Dunscombe and lower Dunscombe with the several
77    Tenements Fields or Closes of Land Meadows and Pasture thereto
78    belonging or heretofore demised parts parcells or members
79    thereof situate lying and being in the parishes of Crediton
80    aforesaid and of Newton St Cyres in the county aforesaid
81    and also all those Manors or reputed Manors of or commonly
82    called or known by the Names of Street Rawleigh and Beautiport
83    with the several Messuages Tenements Lands and heredita
84    ments thereto belonging situate lying and being in the
85    several parishes of Wimple and Aylsbeare in the said
86    County of Devon with their and each and every and either
87    of their Rights Members and appurtenances and also all
88    other the Lands Tenements and hereditaments with their
89    appurtenances which descended and came to me on the
90    death of my late Father James Buller Esq[uie]r as for and in
91    lieu of my Share of the Lands Tenements and hereditaments
92    late of my Grandfather William Gould Esq[uie]r deceased to have
93    and to hold the said Mansion house Capital Messuage
94    Barton Farm and Demesne Lands of or commonly called
95    or known by the Name of Wears Downes and the said
96    Messuages or Tenements called Higher Dunscombe and Lower
97    Dunscombe and also the said Manor or reputed Manors
98    of Street Rawleigh and Beautiport and all other the Lands
99    Tenements and hereditaments hereby devised or Intended
100    so to be with their and each and every and either of their
101    Rights Members and Appurtenances unto the said Sir John
102    Chichester and John Parker their heirs and assigns to the
103    several uses upon the Trusts and subject to the powers
104    provisoes declarations and agreements hereinafter
105    mentioned expressed and declared of and concerning the
106    same that is to say as to for and concerning the said
107    Mansion house Capital Messuage Barton Farm and
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108    Demesne Lands of or commonly called or known by the Name
109    of Wears Downes the said Messuages and Tenements called
110    Higher Dunscombe and lower Dunscombe and all the Tenem[en]ts
111    Lands and hereditaments heretofore demised and taken to
112    be parts parcels or Members thereof and all other the Lands
113    Tenements and hereditaments hereinbefore men[t]ioned to be
114    demised situate and lying in the several parishes of Crediton
115    and Newton St Cyres aforesaid to the use and behoof of my
116    son James Buller and his assigns for and during the term of
117    his natural life without impeachment of or for any manner of
118    Waste except Voluntary waste in Houses and Buildings
119    and from and after the determination of that Estate to the use
120    and behoof of the said Sir John Chichester and John Parker
121    and their heirs for and during the natural life of the said
122    James Buller upon Trust to support the Contingent uses and
123    Remainders hereinafter limited from being defeated or destroyed
124    and for that purpose to make Duties and bring actions as
125    occasion shall require yet nevertheless to permit and suffer
126    the said James Buller and his assigns to receive and have the
127    divers Issues and profits of all and singular the said premisses
128    to his and their own use for and during the term of his
129    natural life and from and after his decease to the use and
130    behoof of the first Son of the Body of the said James
131    Buller lawfully to be begotten and the heirs Male of the
132    Body of such first son lawfully Issuing and for default of such Issue to the
133    use and behoof of the second third fourth fifth sixth and of all
134    and every other son and sons of the Body of the said James
135    Buller lawfully to be begotten severally successively and in
136    Remainder and after another as they and every of them
137    shall be in seniority of age and priority of Birth and of the
138    several and respective heirs Male of the Body and Bodies
139    of all and every such son and sons lawfully issuing the
140    Elder of such sons and the heirs Male of his Body being
141    always preferred and to take before the younger of such
142    son and sons and the heirs Male of his and their Body
143    and Bodies Issuing and for default of such Issue to the use
144    and behoof of my son William Buller and his assigns for
145    and during the term of his natural life without Impeachm[en]t
146    of or any manner of Waste except Voluntary waste in
147    Houses and Buildings and from and after the determination
148    of that Estate to the use and behoof of the said Sir John
149    Chichester and John Parker and their heirs for and during
150    the natural life of the said William Buller upon Trust to
151    support the contingent uses and Remainders hereinafter
152    limited from being defeated or destroyed and for that purpose
153    to make Duties and bring actions as occasion shall require
154    yet nevertheless to permit and suffer the said William Buller
155    and his assigns to receive and take the Rents Issues and
156    profits of all and singular the said premisses to and for his
157    and their own use and benefit for and during the term of his
158    natural life and from and after his decease to the use and
159    behoof of the first son of the Body of the said William Buller
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160    lawfully to be begotten and the heirs Male of the Body
161    of such first son lawfully Issuing and for default of such
162    Issue to the use and behoof of the second third fourth fifth
163    sixth and of all and every other son and sons of the Body
164    of the said William Buller lawfully to be begotten severally
165    successively and in Remainder one after another as they
166    and every of them shall be in seniority of age and priority
167    of Birth and of the several and respective heirs Male of
168    the Body and Bodies of all and every such son and sons
169    lawfully Issuing the Elder of such sons and the heirs Male of
170    his Body being always preferred and to take before the
171    younger of such son and sons and the heirs Male of his
172    and their body and Bodies Issuing and for default of such
173    Issue to the use and behoof of all and every the Daughter
174    and daughters of the said James Buller lawfully to be begotten
175    and of the heirs of the Body and Bodies of such daughter and
176    daughters lawfully Issuing severally and respectively as Tenants
177    in Common and not as Joint Tenants and in Case and as often
178    as any such daughter of daughters of the said James Buller
179    shall happen to Die without Issue of her or their Body or
181    Bodies then and so often as to the Share or part of her
182    or them so dying without Issue to the use of the Surviving
183    daughter and daughters of the said James Buller and of
184    the heirs of her and their Body and Bodies lawfully to be
185    begotten as Tenants in Common but not as Joint Tenants and
186    for default of such Issue then to the use and behoof of all and every
187    the daughter and daughters of the said William
188    Buller lawfully to be begotten and of the heirs of the Body
189    and Bodies of such daughter and daughters lawfully Issuing
190    severally and respectively as Tenants in Common and not as
191    Joint Tenants and in case and as often as any such daughter
192    or daughters of the said William Buller shall happen to
193    die without Issue of her or their Body or Bodies then and
194    as often as to the share or part of her or them so dying
195    without Issue to the use of the Surviving daughter or
196    daughters of the said William Buller and of the heirs of
197    her and their Body and Bodies lawfully to be begotten as
198    Tenants in Common and not as Joint Tenants and for default
199    of such Issue to the use and behoof of my own right heirs
200    for ever and as to for and concerning the said Manors or
201    reputed Manors of Street Rawleigh and Beautiport and the
202    Lands Tenements and hereditaments thereto belonging and
203    all other my Lands Tenements and hereditaments situate and
204    lying in the several parishes of Wimple and Aylbeare
205    to the use and behoof of my son William Buller and his
206    assigns for and during the term of his natural life without
207    Impeachment of or any manner of Waste Except voluntary
208    Waste in houses and Buildings and from and after the
209    determination of that Estate to the use and behoof of the
210    said Sir John Chichester and John Parker and their heirs
211    for and during the natural life of the said William Buller
212    upon Trust to support and preserve the Contingent uses
213    and
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214    and Remainders herein after limited from being defeated or
215    destroyed and for that purpose to make Entries and bring
216    actions as occasion shall require yet nevertheless to permit
217    and suffer the said William Buller and his assigns to receive
218    and take the Rents Issues and profits of all and singular
219    the said premisses to and for his and their own use and
220    benefit for and during the term of his natural life and from
221    and after his decease to the use and behoof of the eldest son
222    of the Body of the said William Buller lawfully to be
223    begotten and the heirs Male of the Body of such first son
224    lawfully Issuing and for default of such Issue to the use and
225    behoof of the second third fourth fifth sixth and of all and every
226    other Son and Sons of the Body of the said William Buller
227    lawfully to be begotten severally successively and in
228    remainder one after another and they and every of them
229    shall be in seniority of age and priority of Birth and of the
230    several and respective heirs Male of the Body and Bodies
231    of all and every such son and sons lawfully Issuing the
232    Elder of such sons and the heirs Male of his Body being
233    always preferred and to take before the younger of such Son
234    and Sons and the heirs Male of his and their Body and
235    Bodies Issuing and for default of such Issue to the use and
236    behoof of my said son James Buller and his assigns for
237    and during the term of his natural life without Impeachment
238    of or for any manner of Waste except Voluntary Waste in
239    houses and Buildings and from and after the determination
240    of that Estate to the use and behoof of the said Sir John
241    Chichester and John Parker and their heirs for and During the natural life
242    of the said James Buller upon Trust to support and
243    preserve the Contingent uses and Remainders hereinafter
244    limited from being defeated or destroyed and for that purpose
245    to make Entries and bring actions as occasion shall require
246    yet nevertheless to permit and suffer the said James Buller
247    and his assigns to receive and take the Rents Issues and
248    profits of all and singular the said premisses to and for his
249    and their own use and benefit for and during the term of
250    his natural life and from and after his decease to the use
251    and behoof of the first son of the Body of the said James
252    Buller lawfully to be begotten and the heirs Male of the
253    Body of such first son lawfully Issuing and for default of such
254    Issue to the use and behoof of the second third fourth fifth
255    sixth and all and every other son and sons of the Body
256    of the said James Buller lawfully to be begotten severally
257    successively and in remainder one after another as they and
258    every of them shall be in seniority of age and priority of
259    Birth and of the several and respective heirs Male of the
260    Body and Bodies of all and every such son and Sons lawfully
261    Issuing the Elder of such Sons and the heirs Male of his
262    Body being always preferred and to take before the
263    younger of such son and sons and the heirs Male of his
264    and their Body and Bodies Issuing and for default of such
265    Issue to the use and behoof of all and every the daughter
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266    and daughters of the said William Buller lawfully to be
267    begotten and of the heirs of the Body and Bodies of such
268    daughter and daughters lawfully Issuing severally and
269    respectively as Tenants in Common and not as Joint Tenants
270    and in Case and as often as any such daughter of daughters
271    of the said William Buller shall happen to die without Issue
272    of her of their body or Bodies then and so often as to the
273    share or part of her or them so dying without Issue to the
274    use of the Surviving daughter or daughters of the said
275    William Buller and of the heirs of her and their Body and
276    Bodies lawfully to be begotten as Tenants in Common and not
277    as Joint Tenants and for default of such Issue then to the use
278    and behoof of all and every the daughter and daughters
279    of the said James Buller lawfully to be begotten and of the
280    Issue of the Body and Bodies of such daughter and dau[ght]ers
281    lawfully Issuing severally and respectively as Tenants in Common
282    and not as Joint Tenants and in Case and so often as any
283    such daughter or daughters of the said James Buller shall
284    happen to die without Issue of her or their Body or Bodies
285    then and so often as to the share or part of her or them
286    so dying without Issue to the use of the Surviving daughter
287    or daughters of the said James Buller and of the heirs of
288    her and their Body and Bodies lawfully to be begotten as
289    Tenants in Common and not as Joint Tenants and for default of
290    such Issue to the use and behoof of my own right heirs for ever
291    and to and for no other use End Intent or purpose whatsoever
292    provided always nevertheless and I hereby Will order and
293    direct that it shall and may be lawful to and for the said
294    Sir John Chichester and John Parker and the survivor of
295    them and the heirs and assigns of such Survivor during
296    the Minority of my said sons James Buller and William Buller
297    or either of them and for the said James Buller and William
298    Buller after their respective attainment of the age of twenty
299    one years and after their deceases to and for all and every
300    other person and persons being in the actual possession of
301    the premisses hereby devised by Virtue of the limitations afores[ai]d
302    by any Deed or Deeds under his or their hands and seals
303    respectively to demise or Lease in possession but not in
304    Reversion Remainder or Expectancy the said premisses
305    or any part thereof unto any person or persons and for any
306    Term or Number of years not exceeding twenty one years
307    at the best and most Improved Rents without Fines and
308    also by such deed or deeds to Demise and Lease all and
309    every such part and parts of the same premisses as were
310    letten upon Fines on the sixteenth day of October which was
311    in the year of our Lord one thousand seven hundred and
312    Eighteen or by the Space of sixty years before had been
313    letten upon Fines unto any person or persons in possession
314    Reversion Remainder or Expectancy for any term or Number
315    of years determinable on the death or deaths of any and uses or
316    Reversion or persons in such deeds to be named so
317    as there be not at any time upon any part of the premises
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318    so to be demised or dated whether in possession Reversions
319    Remainder or Expectancy Including the Estates and Terms
320    to be granted by virtue of this power any further or other
321    Estate or Estates term or terms than for a number of years
322    determinable on the death or death of one two or three
323    person or persons at the most, the said persons being all
324    taken and computed together and so as upon every such
325    demise or Lease of the said premisses there be reserved
326    for the same during the Continuance of the respective terms
327    and Estates therein comprised the whole account Rents or
328    more or a Just proportion thereof in Case part of a Tenement
329    shall be separately demised and so as all the Rents reserved
330    or any demise to be made by virtue of any power herein
331    contained shall be made due and payable to such person
332    and persons to whom the next Immediate Reversion and
333    Remainder of the premisses shall for the time being appertain
334    and so as no such demise or Lease shall be made dispunishable
335    of Waste by any express Words therein contained nor without
336    such Covenants Conditions and agreements as are usual
337    in the like Cases and so as the several Lessees do deal and
338    Execute Counterparts of their respective Leases provided also
339    and I hereby further Will order and direct that it shall and
340    may be lawful to and for my said Grand Mother Elizabeth
341    Gould to dwell and reside in my Mansion House of Downes
342    and to have the use of the Furniture and Goods therein
343    and the produce of the Gardens thereto belonging during
344    the term of her natural life without paying or being liable
345    to pay any Rent or any other Consideration for the same
346    anything herein contained to the Contrary thereof in any
347    wise notwithstanding also I give devise and bequeath
348    unto the said Sir John Chichester and John Parker their
349    executors adm[inistrat]ors and assigns all that Leasehold
350    Tenement with the appurtenances lying in Crediton afore-
351    said and which I hold by Lease from the Dean and Chapter
352    or some other body of then of and belonging to the
353    Cathedral Church of Saint Peters in the City of Exeter upon
354    Trust nevertheless for such person and persons as shall for
355    the time being be in the possession of my Lands herein before
356    devised lying in Crediton aforesaid and I hereby will order
357    and direct that my said Trustees or the Survivor of them
358    and the Executors or adm[inistrat]ors of such Survivor do and shall
359    during the Minority of my said sons out of my Trust
360    Estate keep the said Leasehold Tenement still stated and
361    Renew the Lease thereof from time to time as Occasion
362    shall require It being my Intent and Meaning that the
363    said Leasehold premisses shall be lived and enjoyed with
364    my Freehold Estate lying in Crediton aforesaid and I hereby
365    further Will order and direct that my Body be buried in the
366    same decent manner as my late wife Husey Buller was
367    buried in the parish Church of Saint Thomas the Apostle
368    and as near as can be to the remains of my said late Wife
369    all the Rest Residue and Remainder of my Lands Tenements
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370    hereditaments Goods Chattels and Real and personal
371    Estate whatsoever and wheresoever Sum and Summes of Money
372    Moneys at Interest securities for Money Mortgages in
373    Fee and for terms of years and the Lands Tenements and
374    hereditaments comprised therein and all other my Real and
375    personal Estate whatsoever and wheresoever (after all
376    just debts Legacies and Funeral Expences are first satisfied
377    and paid I give devise and bequeath unto the said Sir John
378    Chichester and John Parker their heirs Executors adm[inistrat]ors
379    and assigns and I hereby make ordain constitute and
380    appoint them the said Sir John Chichester and John Parker
381    whole and sole Executors of this my last Will and Testament
382    hereby revoking all former and other Wills by me made upon
383    the Trusts and to the uses hereinafter mentioned expressed
384    and declared of and concerning the same to pay upon Trust
385    and to and for the only use benefit and advantage of my
386    said two sons James Buller and William Buller their heirs
387    Executors Administrators and assigns to be equally devided
388    between them share and share alike when and as soon as
389    they shall respectively attain the age of twenty one years and in case either of them shall happen to dye under the age of twenty one years
390    then the whole to go to and be vested in the survivor of them
391    and the heirs Executors administrators and assigns of such
392    survivor and to no other use whatsoever and I do hereby
393    further will order and direct that my said Trustees and the
394    Survivor of them and the heirs Executors or administrators of
395    such Survivor do and shall lay out and expend such Sum
396    and Sums of Money part of the Trust Estate in the
397    Maintenance and Education of my said two sons James
398    Buller and William Buller during their respective Minorities
399    as to my said Trustees shall deem meet and convenient and
400    that my said Trustees and the Survivor of them and the
401    heirs Executors and administrators of such Survivor
402    shall and lawfully may Retain and Employ with one or more
403    attorney or attorneys Stewards Agents or Receivers in the
404    Management of the Trust Estate and in the receiving the Rents
405    and profits thereof and Give such salary and salaries Rewards
406    or Compensations to such attorney or attorneys Stewards Agents
407    or Receivers respectively as my said Trustees shall think
408    proper and that my said Trustees respectively and their
409    respective heirs Executors and Adm[inistrat]ors shall be saved harm
410    less and kept indemnified of from and against and shall and
411    lawfully may deduct and retain to themselves severally out
412    of my Trust Estate for all such Costs Charges Trouble Damages
413    Losses and Expences as they shall or may severally be at sustain or
414    put unto for or by reason or means of the Trusts hereby in
415    them reposed or any way relating thereunto and that my
416    said Trustees shall be only answerable and accountable for
417    so much of the Trust Moneys as shall come to their hands
418    respectively and not thus one for the other of them Nor for the
419    acts Receipts payments defaults or Miscarriages one of the
420    other but each for his own acts Receipts payments defaults or
421    Miscarriages only Neither shall they be answerable or
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422    accountable for any loss that shall or may happen to the
423    Trust Estate unless it happened by their or either of their
424    Wilful Neglect or default and I hereby further Will order
425    and direct that my said Trustees respectively and their
426    respective Heirs Executors or adm[inistrat]ors shall and lawfully may
427    call in have and receive any of my Monies now at Interest
428    or invested in any or either of the publick funds and put
429    and place the same or any other of the Trust Moneys or
430    the Rents Issues and profits of the Lands Tenements or
431    hereditaments aforesaid at Interest or such security or
432    securities as they shall think proper or Invest the same
433    or any part thereof in any or either of the publick Funds or
434    Government securities and so alter and change the same
435    from time to time as occasion shall require and in Case
436    any Debtor or Debtors to the Trust Estate shall become
437    ensolvent so as not to be able to pay the whole of their
438    respective debt or debts that then and in every such case
439    and so often it shall and may be lawful to and for my
440    said Trustees to Compound for the same and to accept
441    and take only Dividend or Dividends as can or may be
442    had or gotten from such Insolvent Debtors Estate and Effects
443    in average with his other Creditors and give Receipts
444    and acquittances for the same accordingly as if the whole
445    of such Debt or Debts had been fully paid In Witness whereof
446    I the said James Buller the Testator have to this my last
447    Will and Testament contained in Seven sheets of paper
448    set my hand and seal in manner following to wit my hand
449    to the bottom of the first second third fourth fifth and sixth
450    sheets and my hand and seal to this seventh and last
451    sheet thereof this sixth day of July in the year of our Lord
452    one thousand seven hundred and sixty nine James
453    Buller The writing contained in this and the six
454    preceeding sheets of paper was duly signed sealed
455    published and declared by the above named James
456    Buller the Testator as and for his last Will and Testament
457    in the presence of us who have subscribed our Names as
458    witnesses thereof in his presence and at his request and in the
459    presence of each other of us John Lee, John Hugo, Thos
460    Westlake
461    This Will was proved at London on the third
462    day of March in the year of our Lord one thousand seven
463    hundred and seventy two before the Worshipful George
464    Harris Doctor of Laws Surrogate of the right Worshipful
465    George Hay Doctor of Laws Master Keeper or commissary
466    of the prerogative court of Canterbury lawfully constituted by
467    the Oaths of Sir John Chichester Baronet and John Parker
468    Esquire the Executors named in the said Will to whom
469    administration was granted of all and singular the goods
470    Chattels and Credits of the said deceased having been first
471    sworn duly to administer

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