Thursday, February 7, 2013

Will of John Buller Esquire of Morval - The National Archives PROB 11/1274/218, probated 9 May 1796

The testator John-2 Buller was the son of James Buller of Downes (Devon and his will is with the Devon Buller wills) and Lady Jane Bathurst daughter of Allan Earl Bathurst. He was the brother of Sir Francis Buller who lived in Middlesex and his will is to come when I work on the London/Middlesex wills. This John is said to be of Morval. He married Anne the daughter of William Lemon of Carelew.

His brother Sir Francis Buller, Baronet was a Judge of the Court of Common Pleas and a second brother was Edward. He had sisters Jane married to Sir William Lemon Baronet, Mary married to James Templer of Stover and Catherine married to General Macarmick. His father had been married first to Elizabeth daughter and cohier of William Gould of Downes so that he also had a half brother James Buller of Downes who married first Husey the daughter of Thomas Gould of Frome and second Mary daughter of John Hippisley Coxe of Ston Eston and this line changed their surname from Buller to Hippisley Coxe.

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 (present testator).

I am only looking at the Visitations at this point and thus far all the names mentioned in the wills are also listed in the Visitation and I know that the lines that do reach down into the late 1700s are not my line back since Christopher was born in 1763 or thereabouts. At the time of the writing of the will John mentions his sons: 1. John, 2. William, 3. James, 4. Charles, 5. Richard, 6. Reginald, 7. Anthony and daughters 1. Louisa, 2. Maria and 3. Charlotte Jane. All of these children are still living at the time of the last Codicil in 1793. All of the children with the exception of William and Reginald appear to have married and all have children but in this time period I know that this is not my line so will not dwell on the descendants.

John mentions his brother Sir Francis Buller, Baronet and I have a copy of his will from the Society of Genealogists and also the probated copy from the National Archives. This line leads to the Yarde Buller family and I also know that this is not my line however I will transcribe the wills for completeness.

Transcriber: Elizabeth Kipp
Recorded: 4 Feb 2013
Source: The National Archives, PROB 11/1274/218
Testator: John Buller Esquire
Place: Morval, Cornwall, England
Date of document: 6 Sep 1788, probated 9 May 1796
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: John Buller
[Margin]: Buller
[Margin]: Esquire
[Margin]: 320

1    This is the Last Will
2    and Testament of me John Buller of Morval in
3    the County of Cornwall Esquire whereas by Articles
4    of Agreement bearing date on or about the twenty
5    fourth day of March one thousand seven hundred and
6    seventy made previous to and in Consideration of
7    Marriage with my beloved wife Ann then Anne
8    Lemon Spinster It was agreed that the Sum of twelve
9    thousand pounds part of my said wife's fortune should
10    be applied to discharge a like sum of twelve thousand
11    pounds due to my three sisters and charged upon and
12    payable out of my Estates in the Counties of Cambridge
13    and Suffolk and that a Term of twelve hundred years
14    created of out such Estates for securing the said last
15    mentioned twelve thousand pounds and then vested in
16    Trustees should be assigned to my Mother The honourable
17    Francis Buller now one of his Majestys Justices of the
18    Court of Kings Bench and my uncle William Buller
19    Clerk now Dean of Exeter their Executors Administrators
20    and Assigns upon Trust that I should recaive the rents
21    and profits of the premises comprized in such Term in
22    lieu of the Interest of the said twelve thousand pounds
23    for my use and after my decease In Trust by Sale
25    or Mortgage to raise the said twelve thousand pounds
26    for the portions of all and every the Child and
27    Children of our Marriage except an eldest or only
28    Son to be paid to him her or them in such parts
29    shares and proportions manner and form and at
30    such times and with such Interest paid allowance to
31    maintenance and education as I should by deed or will
32    signed in the presence of two or more credible witnesses
33    appoint and whereas the said twelve thousand pounds
34    part of my said wife's fortune was paid and applied
35    according to our said Marriage Articles and the aforesaid
36    Term of Twelve hundred years is now vested in my
37    said Brother Francis Buller and uncle William Buller
38    for securing the said twelve thousand pounds and Interest
39    for the benefit of my younger Children upon the Trusts
40    of the said Marriage Articles and whereas I have
41    an eldest son John Buller and nine younger Children
42    now living the Issue of the said Marriage Now in
43    pursuance of the power contained in my said Marriage
44    articles and of all other powers enabling me thereto
45    I do give bequeath limit and appoint unto my Son
46    William Buller the Sum of twenty one pounds part
47    of the said sum of twelve thousand pounds to be paid to
48    him within twelve months after my decease and I
49    do give and bequeath limit and appoint unto my
50    Son James Buller the Sum of Five hundred pounds
51    to be paid to him as and when he shall attain the
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52    age of twenty one years with a power nevertheless
53    for the said Trustees of the said Trust fund to raise
54    and pay the same or any part thereof before that
55    time with the approbation of my said wife but
56    not otherwise for his advancement in any profession
57    or Trade he may pursue and I do also give
58    and bequeath limit and appoint unto my said
59    son James Buller the further Sum of one thousand
60    pounds other part of the said Sum of twelve
61    thousand pounds to be paid to him upon his
62    attaining the age of twenty five years if he shall
63    not before that time have succeeded to the office
64    of one of the Clerks in ordinary of his Majestys
65    Most honorable privy Council but in case my
66    said son James Buller shall previous to that
67    have succeed to the said office or shall die before
68    he attains the age of twenty five years then
69    I give and bequeath limit and appoint the said
70    Sum of one thousand pounds in manner following
71    that is to say the sum of four hundred pounds
72    part thereof to my daughter Louisa Buller the
73    Sum of three hundred pounds other part thereof
74    to my daughter Maria Buller and the sum of
75    three hundred pounds the residue thereof to my
76    daughter Charlotte Buller and I do hereby give
77    and bequeath limit and appoint all the rest and
78    residue of the said Sum of twelve thousand pounds
79    unto and equally amongst my younger Children
80    Charles Buller Reginald Buller Richard Buller
81    Louisa Buller Anthony Buller Maria Buller Charlotte Jane
82    Buller and such other Child or Children by my said
83    dear wife who shall be born in my life time or
84    which my said wife shall be ensient with at the
85    time of my death share and share alike my sons
86    shares to be paid to them upon their respectively
87    attaining the age of twenty one years and my daughters
88    shares to be paid to them upon their respectively
89    attaining the age of twenty five years or day of
90    marriage which shall first happen provided such
91    Marriage shall be with the consent of their Guardian
92    or Guardians appointed by this my will But in
93    Case either of my said daughters shall marry without
94    such Consent as aforesaid Then I direct that the share
95    or shares of her of them so marrying shall not
96    be raised until a Settlement and provision shall be
97    made by the husband or husbands as the Case may
98    happen for such daughter or daughters and the
99    Issue of the marriage in such manner as their
100    Guardian or Guardians for the time being shall
101    think proper and if any of my said Children shall die
102    before their respective shares of the said twelve
103    thousand pounds shall become a vested Interest according
104    to
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105    to the directions of this my will Then the share or
106    shares of such of them so dying shall go unto and
107    equally among the Survivors and Survivor of my
108    said children and shall be payable in such manner
109    as is herein before directed concerning their original
110    portions or shares and I will and direct that the
111    Interest of the respective shares of such Children
112    shall during their respective Minorities and until
113    their shares become payable be paid to and applied
114    by their guardian or Guardians for their maintenance
115    and Education respectively and whereas the Reverand
116    Edward Pole hath agreed (if he should be required
117    so to do by me or my Executors) to yield up and
118    resign the Rectory of Landreath in the County of
119    Cornwall to any one of my Sons as soon as he shall
120    be admitted into priests orders Now I do hereby give
121    devise and bequeath unto my Executors herein after
122    named the next presentation to the said Rectory and
123    Church of Landreath upon Trust to present the
124    same Rectory and Church such of my said younger
125    sons whom they my said Executors may deem most
126    eligible to perform the duties of a protestant divine
127    excepting only my said sons William and James
128    Buller who are otherwise provided for but it is my
129    will and I do hereby direct that such Son so to be
130    presented shall abate out of his share of the
131    said twelve thousand pounds appointed for him as
132    aforesaid the Sum of one hundred pounds to each of
133    his Brothers and sisters who shall be then living
134    (except the said John Buller William Buller and
135    James Buller) which one hundred pounds a piece
136    I will and direct shall be added to and shall be said and
137    payable in the same manner as the original
138    share and shares of such Brother and Sisters
139    so living At that time and whereas his present
140    Majesty has been pleased to appoint Walter Pye
141    Esquire and my said son William Buller to the
142    Office of Chaster of the wait in Chancery and the
143    said William Pye hath in and by a certain
144    Indenture bearing date the twenty fourth day of
145    June one thousand seven hundred and seventy
146    eight covenanted and agreed to account to my said
147    son William Buller for all his wages pensions
148    endowments profits and bequests arising from the
149    said office after deducting the cost for himself the
150    said Walter Pye the salary of one hundred pounds
151    a year or in case of the death of my said Son
152    than to account to any of my younger Son or Sons
153    whom I or my Executors will appoint now in case
154    the death of my said son William in the life time
155    of the said Walter Pye I do desire my Executors
156    hereinafter named to appoint someone or more
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157    of my younger Surviving Sons whom they shall deem
158    most proper to receive the benefit of such office but in
159    case my said Executors shall disagree in such appointment
160    I do direct then to appoint such one or more of my
161    Sons to receive such benefit as my Nephew James
162    Buller shall nominate for the purpose and I do
163    hereby appoint my said wife as long as she shall
164    continue unmarried Guardian of all my Children
165    during their respective minorities but in case of her
166    second marriage then I do appoint my said Brother
167    Francis Buller and my said nephew James Buller
168    Jointly with my said wife Guardians of my said
169    Children and in Case of the death of my said wife
170    before my said Children shall have severally attained
171    their ages of twenty one years I do in that event
172    appoint my said brother Francis Buller and Nephew
173    James Buller Guardians of such of my children as
174    shall not then have attained their said ages of twenty
175    one years and I appoint my said wife and my said
176    eldest son John Buller Executors of this my will
177    and subject to the payment of my Just debts and
178    Funeral Expences I give and devise all my Real Estate
179    of what nature or kind soever and wheresoever over
180    which I have a disposing power unto and to the
181    use of my said dear wife her heirs and assigns
182    In Trust nevertheless for my said Eldest son John
183    Buller his heirs and assigns for ever and to be
184    conveyed to him accordingly as and when he
185    shall attain his full age and hereby revoking
186    all former wills by me made I declare this only
187    to be my last Will and Testament In witness whereof
188    I have to this my last Will and Testament contained
189    in four sheets of paper to the first three sheets
190    thereof set my hand and to the fourth and last
191    my hand and seal this sixth day of September in
192    the year of our Lord one thousand seven hundred
193    and eighty eight John Buller Signed Sealed
194    published and declared by the said Testator John
195    Buller as and for his last Will and Testament in
196    the presence of us who at his request in his presence
197    and in the presence of each other have subscribed
198    our names as witnesses thereto the name of Richard
199    Buller being interlined in the sixteenth line of the
200    second sheet and the Name of John Buller being
201    first interlined in the fourteenth line of the third
202    sheet Thos: Smith Lincolus Jun Robt Kekewich
203    Richd Saml White his Clerks
204    Whereas in and by my last will and
205    Testament I have appointed my wife Sole Guardian
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206    of my Children until she should marry again now
207    I do hereby constitute and appoint my Brother Francis
208    Buller Joint Guardian together with my said wife
209    of all my children during their respective minorities
210    In witness whereof I have hereunto set my hand
211    and seal this seventh day of November 1793 J Buller
212    Signed sealed and delivered in the presence
213    of us James Templer Mary Templer
214    Whereas I have in and by my will
215    given to my son James the sum of five hundred
216    pounds to be paid to him immediately after my
217    decease and the further sum of one thousand pounds
218    to be paid at his age of twenty five years on the
219    contingency therein mentioned as his part and share
220    of the Sum of twelve thousand pounds settled upon
221    my younger Children and have also directed that
222    the residue of the said Sum of twelve thousand
223    pounds over and above that I have particularly
224    given and appointed should be divided amongst
225    such of my children as are therein mentioned
226    in such shares and proportions as my wife should
227    direct and appoint and for want of such appointment
228    to be divided amongst them equally now in the
229    place and lieu of such provisions I do by this
230    further Codicil hereby give direct and appoint the
231    whole of the said sum of Fifteen hundred pounds
232    to my son James to be paid to him immediately
233    after my decease and I do hereby revoke the power
234    of appointment given to my said wife and do
235    direct and appoint that the Sum of twenty
236    Guineas part of the said Sum of twelve thousand pounds
237    shall be paid to my son Charles immediately
238    after my decease as his part and share of the said
239    twelve thousand pounds and I do hereby give
240    direct and appoint all the rest and residue of the
241    said Sum of twelve thousand pounds except what
242    is by me before given to my Sons William James
243    and Charles unto and equally amongst my younger
244    Children Reginald Richard Louisa Anthony Maria
245    and Charlotte Jane to be paid to them at such
246    times and in such manner as I have directed
247    in and by my said Will and in all other respects
248    I do hereby ratify and confirm my said Will In
249    Witness whereof I have hereunto set my hand
250    and Seal this tenth day of November 1793 J: Buller
251    Signed Sealed and published by the said John
252    Buller as a Codicil to his will in the presence of
253    Ridind Kelly John Webber Thos Adams
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254    Whereas I have in and by my will appointed
255    my dearly beloved wife Guardian of my Children
256    until she should marry again and whereas by
257    Codicil hereunto annexed I have likewise appointed
258    my Brother Francis Buller Joint Guardian with
259    my said wife now in Case of the death of my said
260    wife I do hereby constitute and appoint my son John
261    Buller Joint Guardian with my said Brother of all
262    my Children during their respective Minorities
263    In witness whereof I have hereunto set my hand
264    and Seal this thirteenth day of November 1793 J:
265    Buller signed sealed and delivered in the presence
266    of the words In case of the death of my said wife
267    are interlined John Webber Mary Templer
268    This Will was proved at London with
269    three Codicils the ninth day of May in the year
270    of our Lord one thousand seven hundred and ninety
271    six before the worshipful Thomas Champion
272    Crespigny Doctor of Laws Surrogate of the Right
273    honourable Sir William Wynne Knight also Doctor
274    of Laws Master keeper or Commissary of the
275    prerogative Court of Canterbury lawfully constituted
276    by the oath of John Buller Esquire the Son of the
277    the deceased and one of the Executors named in
278    the said will to whom Administration was granted
279    of all and singular the Goods chattels and Credits
280    of the said deceased having been first sworn duly to
281    administer power Reserved of making the like grant
282    to Ann Buller Widow the Relict of the said deceased
283    and the other Executor named in the said Will when
284    she shall apply for the same

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