Tuesday, February 5, 2013

Will of John Buller Esquire of Morval - The National Archives PROB 11/552/405, probated 13 Apr 1716

 This lengthy will of 556 lines not including the probate is a fascinating study of the Buller family in this time frame. They were consistently through the generations good managers of their properties and mindful of the need to help the poor. I continue in my endeavour to complete the 70+ Buller wills in my possession. It will be my last major attempt to find my Buller line back. As I work away at this particular line I am ever mindful of my many matches on Family Finder with individuals who are living and whose families have lived in Germany for centuries. Was Christopher's mother German; the surname Buller was it possibly Buehler? All of these thoughts pass through my mind although any writings that I have found for Christopher spell his name Buller.

The naming of the John and Johannis Buller wills comes from the text along the side of the will added by the transcriber as the original wills were all written into the will books. This particular will is for Johannis Buller Arm. defuncti. There is a writeup for this John Buller in Wikipedia:

John Buller (1632 – 1716) was an English politician who sat in the House of Commons variously between 1656 and 1695. He inherited from his father the Cornish estate of Shillingham near Saltash, and owned an estate in the Isle of Thanet. He inherited from his first wife the Cornish estate of Morval, near Looe, in Cornwall.[2] His ancestors had long been active in the county administration of Cornwall and he was himself ancestor to many eminent men, several Members of Parliament, the Buller baronets and Baron Churston and the famous soldier Major-General Sir Redvers Buller (1839-1908), VC.



Buller was the second son of Francis Buller, MP for Cornwall in 1640, of Shillingham near Saltash, in Cornwall and Ospringe in Kent[3] by his wife Thomasine Honywood [4] daughter of Sir Thomas Honywood.[5] He was heir to his nephew James Buller (d.1707) who died without progeny, the only son of his elder brother Francis Buller (1630-1682), MP. Francis had married Elizabeth Grosse, daughter and heiress of Ezekiel Grosse of Gowlden, who inherited from her father 17 manors.[6]


He entered the Middle Temple on 29 January 1646 and matriculated at Trinity College, Cambridge on 6 July 1647.[7]

Buller served as MP several times as follows:

    1656 MP for the combined constituency of East Looe and West Looe in the Second Protectorate Parliament.
    1659 MP for East Looe and also for Saltash in the Third Protectorate Parliament, choosing to represent East Looe[8]
    1660 MP for West Looe in the Convention Parliament.[9]
    1661 MP for Saltash in the Cavalier Parliament.[10]
    1679, 1681 and 1689 MP for Liskeard in 1679, 1681 and 1689.[11]
    1692 MP for Grampound and held the seat until 1695.[12]

Sheriff of Cornwall

He was appointed High Sheriff of Cornwall from November 1688 to March 1689. [13]


Buller married twice:

    Firstly in 1657 to Anne Coode, daughter and sole heiress of John Coode of Morval. He had issue by her John Buller (1668-1701), MP for Lostwithiel in 1701, of Morval, eldest son and heir, who married Mary Pollexfen, 3rd daughter and co-heiress of Sir Henry Pollexfen, Lord Chief Justice of the Common Pleas. John died of smallpox and predeceased his father, but left a son John Francis Buller (1695-1751), of Morval, MP for Saltash 1718-1722, himself the father of three Members of Parliament: James Buller (1717-1765), John Buller (1721-1786), Lord of the Admiralty and Francis Buller (1723-1764).
    Secondly to Jane Langdon, daughter of Walter Langdon of Keverall near East Looe.[4]


[1] Burke's Landed Gentry, 1937, p.279, Buller of Downes
[2] Burke's Landed Gentry, 1937, p.279
[3]  Burke's LG
[4] a b Basil Duke Henning The House of Commons, 1660-1690
[5] Burke's Landed Gentry, 1937, p.279
[6] Burke's Landed Gentry, 1937, p.279
[7] Venn, J.; Venn, J. A., eds. (1922–1958). "Buller, John". Alumni Cantabrigienses (10 vols) (online ed.). Cambridge University Press.
[8] Willis, Browne (1750). Notitia Parliamentaria, Part II: A Series or Lists of the Representatives in the several Parliaments held from the Reformation 1541, to the Restoration 1660 .... London. pp. 229–239.
[9] Leigh Rayment's Historical List of MPs – Constituencies beginning with "W" (part 2)[self-published source][better source needed]
[10] Leigh Rayment's Historical List of MPs – Constituencies beginning with "S" (part 2)[self-published source][better source needed]
[11] Leigh Rayment's Historical List of MPs – Constituencies beginning with "L" (part 3)[self-published source][better source needed]
[12] Leigh Rayment's Historical List of MPs – Constituencies beginning with "G" (part 2)[self-published source][better source needed]
[13] Cruikshank, Eviline. The House of Commons, 1690-1715, Volume 1. p. 400. Google Books}}

More information can be found on John Buller in Parliament, namely,

BULLER, John (c.1632-1716), of the Middle Temple and Morval, nr. East Looe, Cornw. History of Parliament Online:

Again a  history of sadness in this family as the eldest son of this John Buller also John Buller died of smallpox in 1701 and his son was John Francis Buller (hence grandson to the present testator).

John Buller wills of Cornwall:

Johannis-1 Buller  Morval, Cornwall, PROB 11/552/405, probated 13 Apr 1716
Johannis-2 Buller (Sentence) Morval, Cornwall, PROB 11/555/293, probated 27 Apr 1716 (in Latin and will do later)
John-1 Buller Kewerall, Cornwall, PROB 11/463/333, probated 31 Mar 1701 (son of Johannis-1,-2 above)
John-2 Buller Morval, Cornwall, PROB 11/1274/218, probated 9 May 1796 (grandson of John Francis Buller)
John Francis Buller Morval, Cornwall, PROB 11/792/266, probated 1 Feb 1752 (grandson of Johannis-1,-2 Buller, son of John-1 Buller)

Just to keep the generations straight John Francis Buller married Rebecca (daughter of Sir Jonathan Trelawny, Baronet) Trelawny and their son James Buller of Downes married first Elizabeth Gould daughter of William Gould of Downes and he married second Lady Jane Bathurst daughter of Allan Earl Bathurst and their sons included Sir Francis Buller (will will come with the London/Middlesex wills) and John-2 Buller of Morval.

As I work my way down into the 1700s I am hoping to be able to eliminate these many lines. This was a wealthy line of Buller and I do know that my line although comfortable in the late 1700s into the mid 1800s  did not acquire large estates or property at any time. If they do descend from this line and I rather doubt it they were youngest sons.

Transcriber: Elizabeth Kipp
Recorded: 3 Feb 2013
Source: The National Archives, PROB 11/552/405
Testator: John Buller Esquire
Place: Morval, Cornwall, England
Date of document: 21 Nov 1714, probated 13 Apr 1716
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: Testa[m]ent
[Margin]: Johannis Buller
[Margin]: Arm: defuncti
[Margin]: Consenat ________
[Margin]: 29 Septem Pa____
[Margin]: 1716

1    This the last Will and Testam[en]t
2    of me John Buller of Morvall in the County of Cornwall Esq[uie]r made
3    the one and twentieth day of November in the first year of the Reign
4    of Our Soveraign Lord King George Anno d[omi]ni 1714: I do hereby
5    revoke all former Wills by me made and humbly com[m]itt my Soul to
6    Almighty God my creator and Redeemer appointing my body to bee
7    decently but privately interred according to such directions as I may
8    leave in writing or else according to the discretion of any two of my
9    Executors I order and direct my Funerall charges my just debts (which
10    are not many), and then my Legacies to be paid And whereas my
11    Capitall Mansion house called Queaks [Queax] lying in the Isle of Thanet
12    and County of Kent and divers other my Lands Salinston parsonages
13    Rectory and Tythes great and small and hereditaments lying in
14    the same Isle have by me and my Trustees of the same at my
15    request in and by two severall conveyances thereof lately made
16    been granted released and confirmed to Sir William Honiwood Bar[one]t
17    John Hancocks Esq[uie]r Francis Barrell Es[quie]r and to John Hale Citizen
18    of London and their heirs or to the use of them and their heirs upon
19    Trust to be sold And whereas I have directed and appointed the
20    Moneys ariseing from such Sale or Sales to be laid out in the
21    purchase of other Lands or Mannors lying in the severall Counties
22    of Devon and Cornewall and have in and by the severall deeds
23    of such conveyances directed and appointed such now Mannors
25    and Lands so to be purchased to bee settled to the use of my Executors
26    untill my Grandsonn John Francis Buller shall happen to attaine
27    his Age of Twenty and seaven yeares I so give and deivse the Rents
28    and profitts of all and every the said Lands and hereditaments
29    untill such Sale of them shall be made as aforesaid and also the
30    Interest produce and profitts of all and every the said Lands and
31    hereditaments and of the moneys to be raised by such Sale untill
32    the same shall be laid out again and also the Rents and profitts of
33    the new purchased Lands from and after such purchases made unto my
34    Executors hereafter named untill my said Grandsonn shall attaine
35    his age of Twenty and seaven years upon the Trusts herein after
36    declared and limited touching the residue of my personall and
37    Testamentary Estate Item I give to my Executors here after named
38    their heires and Assignes All that my Messuage Tenement and
39    Lands lying in the parish of Menheneot in the said County of
40    Cornwall called Nodden heretofore the Lands of Mr Jacob Ward
41    upon Trust to sell the same for the best price they can gett upon the
42    same or like Trusts And whereas Sir William Coryton dece[ase]d Francis Wills
43    and William Hancock Esq[ui]re Trustees of a certain Terme of five
44    hundred years created and limitted unto them by my Nephew
45    James Buller of Shillingham in the said County of Cornwall Esq[uie]r
46    dece[ase]d In Trust for the payment of his Funerall Charges debts and
47    Legacyes did in consideration of my haveing paid a good part
48    thereof and of my takeing upon me the payment of the residue
49    thereof assigne the said Term and the Mannors and Lands
50    therein comprized unto John Worth Esq[uie]r and Lewis Stephens
51    Clb In Trust for me and for my Security to reimburse and repay
52    my self the said Severall Sum[m]es of mony by me paid and
    [Page 2]
53    undertaken to be paid And Whereas by a Compute and ballance
54    of the Accompts made up the Eighteenth of January last of what I
55    have re[ce]i[v]ed and paid in relation to the same there then rested due to
56    me the Sum[m]e of Six Thousand four hundred and thirteen pounds six
57    shillings and three pence or thereabout I do hereby devise the said
58    Term of five hundred years and all the Mannors Lands and
59    hereditaments therein comprized and all my Estate and Interest of in or
60    to the said Terme and Lands both in Lawe and Equity and all the
61    monys that shall be thereon due at my death unto my Executors
62    hereinafter named upon the same Trusts And Whereas I am po[sse]ssed
63    of and interested in the Rectory and Great Tythes of the parish of
64    Morvall in the said County of Cornwall for a long Terme at ab[ou]t
65    five hundred yeares I do likewise give and devise the same unto my
66    said Executors upon the Trusts following viz[ a vi]t upon Trust that they
67    my said Executors and their Assignes shall and doe for the Terme and
68    Time of Two hundred years to be reckoned from my death pay out
69    of the profitts thereof yearly and every yeare upon the Twenty ninth
70    day of September the full and clear yearly sum[m]e of Eight pounds
71    free of all Rates Taxes Deductions and Outgoings whatsoever unto
72    the hands of such person or persons as shall happen to be from time
73    to time seized of the Freehold of my Mansion house of Morvall
74    aforesaid and unto the hands of the Vicar of Morvall aforesaid
75    for the time being and unto the hands of Eight men the best inhabitants
76    of the same parish which said annuall Sume of Eight pounds I doe
77    direct and appoint shall be by the said persons receiveing the same
78    ordered and disposed of to and for the finding and paying some
79    sober pious discreet and well qualified person well asserted to the
80    Church of England and who frequents the Church and holy
81    Sacrament to be a Schoolmaster to teach gratis within the said
82    parish of Morvall and to keep in good order and discipline poor
83    children to read write and cast Accounts and who shall teach them
84    the Church of England Catechism and instruct them in the principles
85    of that Church the said poor Children to be such whose parents
86    do not pay any parochiall Rates, And I direct that the persons
87    instructed to receive and pay the said Eight pounds a year as
88    aforesaid do at least once a Quarter oversee the said Schoolmaster
89    that he observe the Orders already given and that shall be hereafter
90    given in relation to the better Government and discipline of such
91    School to the honour of God and better Improvement of the poor
92    children there to be taught And further that they my said Exec[uto]rs
93    shall out of the profitts of the same Rectory and Tythes pay
94    during the said Terme of Two hundred years the further yearly
95    Sum[m]e of six pounds on the said Twenty ninth day of September
96    to the same persons and in like manner as the said yearly Sum[m]e
97    of Eight pounds is before appointed to be paid to be by such persons
98    yearly laid out in Wooll to be bought at the cheapest rates and
99    distributed on the Fifth day of November yearly during the said
100    Terme unto and amongst twelve of the poorer Families inhabiting
101    within the parish of Morvall aforesaid who do not receive Releife
102    and in such manner as hath been for some time used And upon
103    this further Trust that my said Executors stand possessed of the said
104    Term of five hundred years Rectory and Tythes herein before
    [Page 3]
105    devised unto them (subject nevertheless) to the said severall Sum[m]es
106    of Eight pounds and Six pounds aforesaid) In Trust and for the sole
107    use and benefitt of such persons or person as shall be from time to time
108    seized of the Freehold of my said Mansion house of Morvall for and
109    during all the rest and residue of the Terme and Interest I have in
110    the same Rectory and Tytes And Whereas I have heretofore
111    assigned unto Josias Culmady Esq[uie]r dece[ase]d and to Francis Pengelly of
112    Plymouth in the County of Devon Esq[uie]r the severall long Termes for
113    yeares and Interest I had in the Barton of Hall in the parish of
114    Pelynt and said County of Cornwall and in the Rectory and
115    great Tythes of the same parish To the use of my last Will And in
116    Trust for me and my Executors as by the said Grant and Assignment
117    may more at large appeare And Whereas I have lately purchased
118    and taken a Lease of the Rectory and Tythes of St Stephens parish
119    by Saltash in the said County of Cornwall Together with the
120    Sanctuary Mannor and Lands of the Deane and Canons of St
121    George Free Chappell of Windsor for the Terme of One and twenty
122    yeares under the Rents and Conditions therein contained I do hereby
123    give and devise all and every the said Chattle and Leasehold Estates
124    of and in the said Rectoryes Mannor and Lands of Sanctuary
125    Barton of Hall and other the last men[t]ioned premisses unto Walter
126    Moyle of Bake in the County of Cornwall Esq[uie]r Whilston Calmady
127    of Langdon Francis Pengelly of Plymouth Esq[uie]rs Ann Parker Wife
128    of George Parker in the County of Devon Esq[uie]r and Lewis Stephens
129    of Menheneot in the said County of Cornwall Clerk whom I make
130    sole Executors of this my last Will and Testament for such uses
131    upon such Trusts and to such purposes as are herein by me declared
132    limitted or mentioned that is to say upon Trust that they my said
133    Executors their Executors Administrators and Assignes shall and doe
134    by with and out of the profitts of the said last men[t]ioned Leasehold
135    Estates and out of my other personall Estate pay unto my
136    daughter Thomasin Buller the clear yearly Sum[m]e of Eighty pounds
137    for the Terme and Time of Sixty years if she my said daughter
138    shall so long live the same to be paid yearly and every year during
139    the said Terme by halfe yearly payments and in equall proportions
140    on the Twenty fifty day of March and the Twenty ninth day of
141    September and the first payment thereof to be made at such of the
142    said Feasts or days as shall happen next after my decease And I
143    do further appoint that my said Executors shall stand possessed of
144    the said last mentioned Chattle Leases and Estates subject
145    nevertheless to the said annuall Sum[m]e of Eighty pounds given unto
146    my said daughter Thomasine upon and under the same Trusts and
147    confidences as the Residue of my personall and Testamentary Estate
148    is hereby to them devised And whereas I am possessed of and interested
149    in the Mannor Barton and Demeasne Lands of Keverell and of
150    and in the severall Rectoryes and Tythes of lower St Columb and
151    Crantock parishes all lying within the said County of Cornwall
    [Page 4]
152    and dureing the Residue and Remainder of a certain Term thereof
153    granted to me by my daughter in Law Mrs Mary Buller Widow
154    and the which she was entituled to grant by vertue of her Joynture
155    Estate in the same I do give the said Mannor and Barton of
156    Keverell and the said Rectoryes and Tythes of lower St Columb
157    and Crantock aforesaid during the said Terme unto my said Executors
158    subject to the Annuity and yearly Rent to which the same are subject
159    And I direct and order my Executors duely to pay the same to my said
160    daughter i n Law as I have hitherto done but upon the same
161    Trust nevertheless as the Residue of my personall and Testamentary
162    Estate is herein after devised to my said Executors And whereas I
163    have heretofore granted diverse Reversionary Leases and Estates
164    unto my said daughter Thomasin and in Trust for her and may
165    grant other such Leases unto or in Trust for her I doe hereby
166    declare it to be my true Intent and meaning that She my said
167    daughter Thomasine shall have all and every such Leases and
168    Estates to her own proper use and sole benefitt Item I give unto my
169    said daughter Thomasine Buller the Mortgage and Moneys
170    I have on the Lands and Estate of John Guise Esq[uie]r the same
171    being Twelve hundred pounds principall money and all the
172    Interest that shall be thereon due from him at the time of my death
173    Item I give unto my said daughter Thomasine the further Sum[m]e
174    of Twelve hundred pounds to be paid her by my Executors within
175    six monthes after my death I give to my Grandaughter Mary
176    Anne Harris the Sum[m]e of One hundred pounds and or haveing lately paid
177    and given her the Sum[m]e of Five Thousand pounds as a Marriage
178    portion Item I give to her my said Grandaughter and to her husband
179    Christopher Harris Esq[ui]re Twenty pounds a peice for mourning I
181    give so to my Son and daughter Parker Twenty pounds each for
182    mourning I give to Thomas Dawe towards his maintenance at
183    Oxford the yearly Sum[m]e of fiveteen pounds for five years to be
184    computed from the time of his Admission into Baliol Colledge in
185    Oxford I give unto my daughter in Law Mary Buller Widow for
186    mourning Twenty pounds Unto my daughter Mary Dodson Widow
187    I give Twenty pounds for mourning Unto my daughter Thomasine
188    Buller I give to her Twenty pounds for mourning Unto
189    my Grandsonn John Francis Buller Twenty pounds for mourning
190    To my Grandsonns Thomas Dodson and John Dodson I give to
191    each Ten pounds To my Grandaughters Margarett and Sarah
192    Dodson to each of them the Sum[m]e of One hundred pounds But I
193    direct my Executors to pay the Sum[m]es given to them my said three
194    last named Grandaughters unto my said daughter Mary Dodson
195    their Mother to be by her managed and improved for their
196    best Advantage I give to each of my three Grandsonns George
197    John and Francis Parker Tenn pounds To John Ellis my late
    [Page 5]
198    Servant I give five pounds unto my Servant Jos: Robins I give
199    Twenty pounds if he shall be living in my Service att the time of my
200    death To each of my other Servants not imployed in husbandry
201    and who shall be in my service at the time of my death I give
202    one Quarter of a years Wages over and above what shall be
203    due from me to them I give unto the poor of the Town of Saltash
204    aforesaid Tenn pounds To the poor of the parish of St Stephens
205    aforesaid liveing out of Saltash I give Tenn pounds To the poor
206    of the parish of Morvall aforesaid I give Tenn pounds To the poor
207    of the severall Townes of East Looe and West Looe in the said County
208    of Cornwall I give three pounds to the poor of each of the said
209    Towns and I desire my Executors so to order and direct my said
210    charity's as that they may be to the reall Releife of the poor
211    and no Ease to the Rich And as for touching and concerning such
212    moneys as shall arise from the Sales of my Estates directed to be
213    sold as shall not be laid out in new purchases The Trust of the
214    Residue of the said Terme of five hundred years assigned as
215    aforesaid to the said John Worth and Lewis Stephens and the moneys
216    due thereon and all my Terms Estates Leases for years not otherwise
217    particularly disposed of And the Trust of them and all the Rest
218    and Residue of my personall and Testamentary Estate whatsoever
219    subject nevertheless to all the charges Bequests and Legacies herein
220    before and herein after made given or mentioned and the Trusts
221    declared thereof I give and devise the same unto the said Walter
222    Moyle Shilston Calmady Francis Pengelly Anne Parker Lewis Stephens
223    upon and under the Trusts and Confidences and subject to the provisoes
224    conditions and contingences herein after declared that is to say upon
225    Trust and Confidence that they my said Executors the Survivors and
226    Survivor of them shall and do with all convenient speed and as they
227    shall have opportunity lay out the same and the Residue of my
228    said Estate and all the Increase and produce thereof in the mean time
229    in the purchasing of Mannors Lands or other hereditaments but
230    rather Mannors lying or being in the countyes of Cornwall
231    Devon or Somersett in Fee Simple And I do hereby direct order and
232    appoint that they my Executors do within a reasonable time after
233    such purchase or purchase made convey assure and settle such
234    purchased Mannors Lands and hereditaments unto such uses for
235    such Estates with such powers upon such Trusts and subject to
236    such provisoes conditions and contingences as are herein after
237    limitted declared or men[t]ioned touching the same that is to say
238    To and for the life of my Grandson and heir Apparent John
239    Francis Buller and his Assignes dureing the Term of his naturall
240    life without Impeachment of Wast the Remainder to Trustees to
241    support the contingent uses and Estates herein after mentioned the
242    Remainder to the use and uses of the first Sonn and of every other
243    Sonn and Sonns of the body of my said Grandson John Francis
244    Buller successively in Tayle male the Remainder to Trustees for the
245    Term of One Thousand years the Remainder to the same or like
246    uses as my said Capitall Mansion house of Morvall now is or all
247    the time of my death shall stand and be settled by any Settlement
248    by me thereof or of the Reversion or Remainder thereof made
249    within the space of sixteen years last past or by vertue of any
    [Page 6]
250    Settlement thereof or of the Reversion therof by me to be made at
251    any time hereafter provided always that there shall be inserted in the
252    Deeds of Settlement to be made by my Executors of Lands by them
253    purchased a power for my said Grandson John Francis Buller
254    together with my Executors or the greater number of them then liveing
255    by any deed under their hands and seale by them duely executed in the
256    presence of three credible witnesses to limitt or appoint any part or
257    parts of such purchased Mannors Lands or hereditaments as shall
258    be by the major part of my Executors then liveing thought convenient
259    and proper for the Joynture or Joyntures of any Woman or Women
260    that my said Grandsonn shall marry by and with the consent of my
261    Executors or the major part of them then liveing for the life of such
262    Woman or Women respectively But nevertheless so as such
263    Joynture or Joyntures bear some proportion to the portion or portions
264    my said Grandson shall have with such Wife or Wives And my Will
265    also is that there shall be likewise inserted in such deed or deeds such
266    powers for makeing Leases of such new purchased Lands as my said
267    Executors or the major part of them then liveing shall think reasonable
268    in such case so as such powers be restrained and qualifyed not to extend
269    to granting Leases of Lands not usually letten in Lease or for any great
270    Terms or Estates than what will determine on the death of three persons
271    at the most (or Estates in possession Reversion or Remainder being
272    computed together) and to as in the Leases to be granted the ancient Rents
273    or a Twentieth part of the true yearly value of any Tenement or Lands
274    leased be reserved payable during the whole Terme to him who is entituled
275    to the immediate Reversion or Remainder of the same and with other
276    usuall and reasonable Covenants and Restrictions usually annexed to
277    powers of Leaseing of Lands in the countyes where the said purchased
278    Lands shall lye And my further Will Order and Injunction to my said
279    Executors is that in the deed or deeds whereby such purchased Lands
280    shall be by them settled as aforesaid there by inserted conditions and
281    provisions proper and necessary for the laying such Restraints and
282    Obligations on him the said John Francis Buller to observe my Will
283    contained herein and in such manner as I here declare the same to be
284    and my name to be And I do hereby declare it to be my true Intent full
285    purpose meaning and will That if and in case my said Grandsonn after
286    notice shall waive or refuse the Guardians herein by me named or
287    shall choose any other Guardians or Guardian save to defend any
288    Action or Suit or if my said Grandsonn shall happen to marry before
289    his age of Twenty seaven years without the consent or Assent of the
290    greater part of my Executors then living first obtained under their hands
291    and Seals and duely attested or if my said Grandson shall by Fine comon
292    Recovery or otherwise doth barr defeat or avoid any the Remainders
293    or Estates limitted and expressed in the Settlement by me made on the
294    marriage of his Father and Mother of any the Lands contained in the
295    same Settlement That then and in either or any of the said Cases not
296    only the Estates to be limitted by my said Executors of such purchased
297    Mannors Lands or hereditaments but likewise that all and every the
298    Guifts and devises Limitations and Appointments unto or on him or for
299    him my said Grandsonn shall cease determine and be void And that my
300    said Executors shall stand and be possessed of the said trusted premisses in
301    such manner and for such person or persons as if he my said Grandson
    [Page 7]
302    were actually dead and shall proceed and act in the said Trusts
303    without any respect or reguard to him but shall stand and be in Trust
304    to and for such person or persons as the Remainder of my said Capitall
305    Mansion house of Morvall now is or at the time of my death shall
306    stand and be settled by any Settlement by me heretofore made or to be
307    made by me in case my said Grandsonn John Francis Buller shall
308    happen to dye without Issue male of his body I request and desire that
309    my daughter Dodson and my daughter Thomasine Buller may be
310    permitted to live at my Mansion house of Morvall and to enjoy and
311    receive the profitts of my Bartons of Morvall and Clees untill my
312    said Grandson shall attaine his Age of One and twenty years and
313    upon that consideration and upon that Condition only and not otherwise
314    I appoint my said Executors to pay unto my said Grandson John Francis
315    Buller the yearly Rent or Sume of two hundred pounds in proportion
316    for so long time as they shall enjoy the same This over and above
317    what is before given to my said Grandson And as for and concerning
318    the said Term of One Thousand years so to be limitted as aforesaid of
319    the Mannors and hereditaments to be purchased by my Executors to
320    comence on Failure of Issue male of my said Grandson John Francis
321    Buller's body My Will is that the Trust thereof be declared in the said
322    deed of Settlement to be made thereof to be for raising the Sum[m]e of six
323    Thousand pounds for my four daughters Mary Dodson Thomasine
324    Buller Anne Parker and Elizabeth Worth in and by equall proportions
325    as Tennants in com[m]on of the same and not as joynt Tennants and for
326    their severall Executors Administrators and Assignes respectively And
327    further that the Trustees of the said Term shall divide and distribute
328    the said Sum[m]e of Six Thousand pounds when raised by equall shares
329    and proportions unto and amongst my said four daughters Mary Dodson
330    Thomasine Buller Anne Parker and Elizabeth Worth but so and in
331    such manner Nevertheless as that every husband of either of my said
332    daughters be excluded from intermedling or haveing any thing do doe
333    therewith And that every of my said daughters may severally and
334    respectively have the entire and absolute power of their severall and
335    respective shares parts and dividents thereof as well when married
336    as while sole And that they the said Trustees of the same Term shall
337    and so dispose of grant assign and transferr over every such share part
338    or dividend as they my said daughters shall think fitt to direct by any
339    writing under their respective hands in order to preserve what shall be
340    justly due to them for the life entire Order and disposall of my said four
341    daughters severally and respectively as well when married as while sole
342    And for the encouraging of my Executors to take the Trust upon them I
343    do appoint not only all charges that they shall be putt unto herein by
344    reason or occasion of the Trust in them reposed and shall make voluntary
345    Oath of before any Master of the high Court of Chancery shall be
346    allowed and reimbursted them But also that they shall have power
347    to putt under them such Stewards or Agents as they shall think fitt And
348    I do recommend to them (see orig.) to be by them my Executors
349    imployed as long as they shall think fitt And I give further power
350    unto my said Executors the Survivors and Survivor of them upon paym[en]t
351    of any moneys due to assign all or any my Mortgages of Inheritance
352    Securities or otherwise and from time to time to change and alter
353    Securities for moneys already out at Interest or to be lent out on other
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354    reall Securities when and as the same shall be paid or received and
355    also to lend out on reall Securities from time to time untill convenient
356    purchases as aforesaid can be had any Sum[m]e or Sum[m]es of money
357    belonging to or part of my said trusted Estate as they or the major
358    part of my Executors then living shall think fitt And I appoint all
359    Losses to be born out of my said Trusted Estate that none of my
360    Executors shall be accomptable but for himselfe and his own proper
361    Act and Receipt only And as an Acknowledgment of my respects I
362    give to every of my said Executors that shall take upon them the Trouble
363    of acting in the said Trust the Sum[m]e of Tenn pounds And I do hereby
364    devise dispose order and appoint the Tuition and Guardianship of
365    my said Grandsonn John Francis Buller his person and Estate unto
366    my said Executors And I doe hereby constitute them as much as in me
367    lyeth his the said John Francis Buller's Guardians both for person
368    and Estate untill  he shall attaine his Age of one and twenty years
369    Willing and Requiring my said Grandson to submitt to the same on
370    pain of forfeiting and loosing all and every the devises and Bequests
371    herein before made unto him or in Trust for him And whereas my
372    said Grandson John Francis Buller shall or may happen to marry
373    by and with the Consent of my Trustees and Executors and by the
374    Settlement made by James Buller Esq[uie]r dece[ase]d bearing date on or about
375    the Twenty fifth day of November in the sixth year of the Reigne
376    of her late Majesty Queen Anne the said John Francis Buller and
377    Trustees are enabled to make a Joynture not exdeeding three hundred
378    pounds per Annum Now I do hereby impower my said Executors to
379    make any further Addition or provision for Joynture to such Wife
380    or Wives as the said John Francis Buller shall happen to marry
381    and to grant such Wife or Wives the Term of Eighty yeares of and
382    in the Barton of Hall and Rectory of Pelynt or either of them yf
383    such Wife or Wives shall so long happen to live Item I give to all
384    and every my daughter Worth's children to each of them the Sum[m]e
385    of Tenn pounds Item I give unto my dear Neices Mrs Margarett
386    Williams and Mrs Sarah Herle and to her son Mr James Herle
387    to each of them the Sum[m]e of Tenn pounds in Testimony whereof and
388    that this is my last Will and Testament I have hereunto sett my
389    hand and affixed my Seale after the severall blanks were filled
390    up with my own hand writing and then Signed Sealed and published
391    in the presence of the persons who have subscribed their names as
392    Witnesses hereunto this one and twentieth day of November in
393    the first year of Our Soveraign Lord King George Annoqz Domini
394    One Thousand Seven hundred and fourteen John Buller Signed
395    Sealed and published by the said John Buller to be his last Will
396    and Testament contained in seaven sheets of paper sealed in the
397    head of the first sheet and end of the last and subscribed by us in
398    the presence of the said Testator John Buller John Richardson
399    Philip Mayowe John Hill John Long Mathew Hickes Thomas Little
400    Whereas I John Buller of Shillingham in the County of
401    Cornwall Esq have severall Trunks boxes and hampers and
402    severall deeds Evidences and Writings of moment that concern my
403    reall and personall Estate right and Title thereto and the Trust
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404    mentioned in my Will or any part thereof or which are now in my
405    chamber or Study at Morvall or any my Studies or Chambers att
406    Shillingham or in Custody of my Freinds Mr John Warner of London
407    Goldsmith or Mr John Heale Citizen of London or either of them Now
408    I do hereby devise and grant the same unto my said Executors and
409    Trustees in my last Will mentioned Willing and desireing them or any
410    two of them presently after my death to take the same unto their or
411    one of their Custodyes and safely to preserve keep and use the same
412    the better to enable them to execute and perform the Trust in them
413    reposed by my last Will who are hereby desired to make or cause to
414    be made a Catalogue or particular of the severall deeds or Writings
415    of the more valueable and more Important Concerns and in the best
416    method of each particular Concern whereby the same may be more
417    usefull for their respective Trusts And I desire this Writing and
418    paper may be deemed and taken and will the same be as a Codicill
419    and part of this my last Will confirming and ratifying hereby this my last will and every particular thereof Witness
420    my hand and Seale this four and twentieth day of January in the
421    First year of the Reign of Our Soveraigne Lord King George over
422    Great Brittaine etc Annoqz domini One thousand seven hundred and
423    fourteen John Buller Signed Sealed and published in presence of us
424    H: Lukey James Davis of Liskeard Cordwinder John Danger The marke of
425    Samuel Davis of Liskeard Taylor
426    Whereas I John Buller of Morvall Esq[uie]r have by my last Will
427    and Testament bearing date the one and twentieth day of November Annoq d[omi]ni
428    One Thousand seaven hundred and fourteen and in the first year of the
429    Reigne of Our Lord King George amongst other things
430    have granted to my Executors All the Residue of the Terme of One and
431    Twenty years granted to me by the Dean and Cannons of St Georges (see orig.)
432    Chapple Windsor of and the Mannor and Sanctuary Land and
433    Rectory of St Stephens parish juxta Saltash which premisses have
434    been for many years held by the Bullers of Shillingham and Family
435    and possessed Now I do hereby Will and Appoint and declare to be
436    my true Intent and meaning that my said Grant to my Executors of
437    the said Mannor Sanctuary Lands and Rectory of St Stephens be
438    always deemed and taken as part of the personall Estate of my dece[ase]d
439    Nephew James Buller and that my said Executors do account for
440    the clear Rents and yearly profitt thereof from time to time as I have
441    hitherto done as part thereof And whereas my Barton and Mansion
442    house of Morvall and Clees may come and fall unto my Grandsonn
443    John Francis Buller if he shall happen to survive me and if he
444    shall happen to attaine his Age of One and twenty years I do hereby
445    request my said Grandson to permitt and suffer my Executors and
446    Trustees and his Aunts Mrs. Mary Dodson and Thomasine Buller
447    that they receive and take the Rents and profitts of my said Barton
448    and Clees and quietly enjoy the said Mansion house of Morvall
449    outhouses Orchards and Gardens with their Appurten[an]ces respectively
450    for the Terme of Two yeares to be computed from and after my
451    death they my said Executors and Trustees paying for the same by
452    Quarterly payments as long as shall quietly possess and enjoy the
453    same the yearly Rent of Two hundred pounds per Annum which
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454    I doe hereby impower them to pay do and perform and to leave and keep
455    the premisses in good and sufficient Repair as premisses now are And
456    in case my said Grandsonn shall not permitt my Executors and Trustees
457    and his said Aunts quietly to possess and receive the yearly profitts
458    of the premisses for the said Term or untill he shall happen to marry
459    Then the said Rent yearly of Two hundred pounds is from thence to
460    cease And then for a proper Stay and Residence of my said daughters
461    and of my said Executors and their Servants as their business may need
462    and require I do then hereby devise and give to my said Executors All
463    my Term Interest and Term of years in Keverell houses and Barton
464    with the Appurtenances And in case my said Term therein shall happen
465    to expire or that my said daughter in Law Mrs Mary Buller widow
466    shall happen to dye Then I advise my said daughter Mary Dodson
467    and Mrs Thomasine Buller and my said said Executors as shall think
468    fitt remove and settle at Bucklawren or to Shillingham untill my
469    moneys be repaid that I have paid and disbursted for and towards
470    the debts and Legacies of the said James Buller deceased All
471    which matters and things I refer to my Grandson and to my said
472    Executors for their mutuall conveniences And I do hereby Will
473    and appoint this paper and Writings to be always deemed and
474    taken as a Codicill and part of my last Will and Testament hereby
475    confirming and ratifying the same Witness my hand and Seale this
476    first day of September 1715 And in the second year of Our Lord King
477    George King of Great Britaine etc And before signing and sealing
478    hereof I give and devise to my said daughter Thomasine my Mortgage
479    due from the said Mr Stephens for Two hundred pounds principall
480    John Buller Signed Sealed and published in presence of after the said
481    Mortage of Two hundred pounds given the same Thomasine Buller
482    by the said John Buller Mathew Hickes Christopher Jennington
483    Francis Hickes John Jennington
484    A Schedule made this fourth day of November 1715
485    by me John Buller of Morvall in the County of Cornwall Esq[uie]r
486    to my last Will and Testament bearing date the twenty first
487    day of November One Thousand seven hundred and fourteen the
488    which Schedule I appoint to be and to be taken as part of the same
489    Will Imprimis I do ratifye and confirm all and every the devises
490    Matters and Things in my said Will and in the two former Schedules
491    thereunto annexed contained save and except only such as are
492    hereinafter mentioned and for the better clearing my Intentions
493    in relation to the moneys ariseing from the Sale of my Lands and
494    hereditaments lyeing in the Isle of Thanet and County of Kent by
495    my said Will directed to be sold I do hereby declare my mind and Will
496    to be that the Lands or Mannors directed to be purchased therewith
497    when purchased and that the yearly Interest and produce thereof in the
498    mean time and untill such purchase can be made shall be upon the
499    same or like Trusts and to the same and like uses as I have in and by
500    my said last Will limitted and appointed the Lands directed to be
501    purchased with the Residue of my personall Estate to be settled unto or upon and to or upon
502    no other Trust or use And for as much as Shilston Calmady Esq[uie]r (one
503    of my Executors and Trustees named in my said Will) lives remote
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504    from my Estate and concerns I do hereby revoke my constituteing him
505    the said Mr Calmady my Executor and all the devises to and in and
506    by my said Will made and I do in his place and Stead nominate and
507    appoint John Cole of Poththa in the said County of Cornwall Esq[uie]r
508    to be one of my Executors of my said Will upon the same Trust and in
509    the like manner as my other Executors to stand in the same Will
510    are constituted And I give to the said John Cole the Sum[m]e of Tenn
511    pounds in case he accepts of the said Executorshipp and Trusts I give
512    to my Grandaughter Elizabeth Worth the Sum[m]e of One hundred
513    pounds to be paid at her Age of one and twenty years or marriage
514    which shall first happen I appoint expressly that my Coach and
515    horses be forthwith sold I appoint that all my plate and household
516    goods of every sort and kind in or belonging to my two Capitall
517    houses of Morvall and Shillingham be continued in the same houses
518    respectively if my Executors think fitt for the use of my Grandson
519    and daughters Mary Dodson and Thomasine Buller as my said
520    Executors shall think proper for the space of Two years from my
521    death to be reckoned And after the end of the said Two years for
522    the use of my said Grandsonn if my Executors or greater part of them
523    for the time being shall think fitt but not otherwise I leave it to my
524    Executors to let my said daughters while they continue to live at Morvall
525    to have corne and Graine of all Sorts for the use of their Family
526    and hay for the Stables and use of the Cattle on Morvall aforesaid or
527    Clees Land I also Authorize my Executors to let my said two daughters to
528    have and use what Stock and Implements of husbandry and other
529    things as is and are on the same Estates dureing the time they my said
530    daughters shall live in Morvall house aforesaid They my said
531    daughters leaving as good a Stock thereon when they shall goe off
532    and leave the said house and Lands And afterwards I give Authority
533    to my said Executors to let my said Grandson to have to his own use
534    the same Stock Implements and Things so left by my said daughters
535    if my Executors shall think fitt but not otherwise The Stock Implem[en]ts
536    of husbandry on Shillingham and other my Lands in hand I appoint
537    to continue on the same during such time as my Executors shall think
538    proper But I do direct that a true Inventory and particular be
539    made as soon as may be of all my plate household and other
540    Goods Stock and other things whatsoever that I shall dye possessed
541    of and that the same be severally and distinctly appraised or valued
542    by honest knowing and discreet persons to my said Grandson
543    John Francis Buller I appoint my Executors or greater part of
544    them for the time being if they shall see cause and judge it for my
545    said Grandsons good but not otherwise to pay Two hundred pounds
546    per Annum for seaven years from Michaelmas last to be
547    accounted if and so be that he my said Grandson and his Mother
548    shall both happen to live so long the same to be paid quarterly
549    by my Executors as aforesaid if they see cause but not otherwise
550    I alsoe give my Executors leave if they think fitt to lett my said
551    Grandson have for his use One hundred Guineas soon after my
552    decease In Witness whereof I have hereunto sett my hand and Seale
553    the day and year first above written John Buller this Schedule
554    was Signed Sealed and declared by the said John Buller to be part
555    of his said Will in the presence of Thomas Pyne John Vallacke Jo:
556    Robins Christopher Notwell

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