Monday, February 4, 2013

Will of James Buller Esquire of Shillingham - The National Archives PROB 11/519/409, probated 7 Nov 1711

James Buller (testator) is the brother of Francis-4 and their father was Francis-3 married to the daughter of Sir James Rushout of Maynard's Green in Essex first and second to Mary Maynard and this Mary was the daughter of his stepmother Lady Katherine Maynard (wife of Sir John Maynard). Francis-3 married second to Dame Maynard had suffered forfeiture in 1666 and he had taken refuge with Dame Maynard at this time. Dame Maynard had married her daughter Mary to Francis-4 (eldest son of Francis-3) and settled her estates on this couple presumably thus avoiding forfeiture perhaps due to her marriage to Francis-3 Buller. A very complicated family line although as you write it all down it gradually smooths out.

From the Visitation of Cornwall it is stated that with the death of James Buller the estates mentioned in the Francis Buller wills then passed to the Morval Branch and this was presumably John Buller of Morval and the Isle of Thanet who married first Anne Coode of Morval  and second Anne daughter of Walter Langdon of Keverell. I believe that all of the children of John Buller were born of his first wife Anne Coode and included Ann married to George Parker (whose name appears in this will), Thomasine, Elizabeth married to John Worth, Mary married to Thomas Dodson and the heir of John his son John who was MP for E. Looe during Commonwealth. This John was married to Mary Polloxfen the daughter of Sir Henry Polloxfen Knight who was Chief Justice of the Court of Common Pleas. Their children were Mary Ann married to Christopher Harris and John Francis Buller (son and heir) who married Rebecca daughter and coheir of Sir Jonathan Trelawny Baronet and Bishop of Winchester. There is a lot of history in this family and Sir Jonathan Trelawny himself has an interesting history attached to him. John Francis Buller was thus the  heir of John Buller married to Mary Polloxfen and his will is included in the group to follow in Cornwall.

The next set of Wills will be the Johannis-1 and Johannis-2 wills followed by the John-1 and John-2 wills and then the will of John Francis. I can not be sure that the Visitations list all children of these families and in particular sons since I am looking for parents for my Christopher Buller in London. Again I do not think this is my particular line; I am more inclined to think that they descend from the Somerset Buller family but for sake of completeness I will continue with my marathon of Buller wills.

Transcriber: Elizabeth Kipp
Recorded: 3 Feb 2013
Source: The National Archives, PROB 11/519/409
Testator: James Buller Esquire
Place: Shillingham, Cornwall, England
Date of document: 7 Nov 1707, probated 7 Nov 1711
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: T[esta]m[ent]
[Margin]: Jacobi Buller
[Margin]: Arm:

1    The last Will and Testament
2    of me James Buller of Shillingham in the County of Cornwall Esq[uie]r
3    I give devise and appoint that my Executors herein after named
4    shall and do pay unto the proper hands of my Aunt Herle exclusive
5    of her present and of every or any husbands and husband which
6    she may hereafter marry the yearly sum[m]e of 60 li to be
7    paid her by Quarterly payments during her life. Item I give unto
8    my Godson Sir Erasmus Norwich one hundred pounds for a
9    point of plate to Sir Cholmely Derings Eldest Sonn Fifty pounds
10    for a peice of plate To my Sister Norwich one hundred pounds
11    To my Aunt Williams Fifty pounds To the poor of the parish of
12    St Stephens near Saltash Fifty pounds To the poor of Isleham
13    Tenn pounds to Mr. Smith of Probus Twenty pounds Item I give
14    to Sir Walter Moyle Kn[igh]t and Mrs. Pengelly Widow and Mr Sam:
15    Lyne my Steward a full Release and discharge from any Iarlier
16    trouble concerning their accompts hitherto produced To the
17    Servants that shall be with me at the time of my death Tenn
18    pounds each All the Rest and Residue of my Personall and
19    Testamentary Estate of what nature or kind soever after the
    [Page 2]
20    charges of my Funerall all my just debts which I shall owe at
21    the time of my death are discharged and satisfied and my Legacies
22    herein or hereby given are paid I give unto Sir William Coryton
23    of Newton in the County of Cornwall Baronet Francis Wills of
25    Wivelscombe in the same County Esq[uie]r and William Hancock of
26    Hendra in the said County of Cornwall Esq[uie]r whom I make sole
27    Executors of this my last Will upon Trust nevertheles that they
28    stand possessed of the same To the use and for the benefit of such
29    person or persons as shall be intituled to my Capitall Mansion
30    house of Shillingham in the said County of Cornwall And my
31    Will and meaning is and I do hereby declare devise and appoint
32    that in case and if so be that my personall and Testamentary
33    Estate shall prove any ways defective or insufficient for the paying
34    satisfying and discharging my said Funerall Charges debts and
35    Legacies That in such case the said Sir William Coryton Francis
36    Wills and William Hancock shall raise such sum[m]es as shall be
37    necessary for those purposes out of the Term of 500 years
38    limited or mentioned in one Indenture Tripartite made or
39    mentioned to be made the 25th day of November 1707: betweene myself
40    of the first part the said Sir William Coryton Francis Wills and
41    William Hancock of the second part and George Parker and Walter
42    Moyle Esq[uie]rs of the 3d part and out of all or any the Mannors and
43    Lands therein comprized pursuant to the Trusts declared of the said
44    Term and by any the ways and means in the same Indenture
45    mentioned for the raising money out of the said Term of 500 years
46    In testimony that this is my last Will and Testament I have
47    hereunto set my hand and Seale this 7th day of November 1707:
48    of Feb 1708/09: Ja: Buller Signed and published in the presence of A: B:
49    C: D: E: F.
50    14th Septemb[er] 1710
51    Mr Bullers Will within written on two half sheets of paper was
52    declared and published by him to be his last Will and Testament this
53    day in presence of Jo: Buller, Fr: Pengelly, Wm Smyth, E. Hill, Leon:
54    Wetherley, S: Lyne

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