Friday, February 8, 2013

Will of John Francis Buller Esquire of Morval - The National Archives PROB 11/792/266, probated 1 Feb 1752

The will of John Francis Buller follows and he was the grandson mentioned in the will of his grandfather Johannis Buller-1. He married Rebecca Trelawny daughter and heir of Sir Jonathan Trelawny Baronet, DD and Bishop of Winchester. They were married 22 Jul 1716. They were the grandparents of John Buller whose will was blogged yesterday.

He names his eldest son James. Then his second and third sons John and Francis and they are his executors. The youngest son is William and his daughers were Rebecca who married Vice Admiral Sir Charles Watson, Anne married Reginald Pole of Tywardreath, Mary married Sir Joseph Copley Baronet and Elizabeth married Reverend John Sturges, D.D.

The testator's father John died of smallpox in 1701 and was raised mostly by his grandfather whose will has been posted (Johannis-1 Buller). He obviously followed his Executors advice and the demand of his grandfather that he marry someone of whom they would approve namely Rebecca daughter of Sir Jonathan Trelawny Baronet, D.D. Bishop of Winchester. Once again these lines for the most part are traced down and I doubt that my Christopher born circa 1763 is descendant of this line.

The next will is written by Mary Buller the mother of John Francis Buller (present testator). She was the daughter of Sir Henry Polloxfen, Knight, Chief Justice of the Court of Common Pleas. It was her husband who died of smallpox. They had only two children Mary Ann who married Christopher Harris, MP and John Francis Buller. 

Transcriber: Elizabeth Kipp
Recorded: 4 Feb 2013
Source: The National Archives, PROB 11/792/266
Testator: John Francis Buller Esquire
Place: Morval, Cornwall, England
Date of document:  4 Nov 1745, probated 1 Feb 1752
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: John Francis Buller
[Margin]: Esquire

1    In the Name of God Amen
2    This is the last Will and Testament of me John Francis Buller
3    ofr Morvall in the County of Cornwall Esquire whereby I revoke
4    and make void all former Wills and Testaments by me at any
5    time heretofore made either by Word or in Writing and I do
6    make and publish this my last Will and Testament and first I
7    resign my Soul to Almighty God and my Body to Christian Burial
8    in the most private manner I give and bequeath to each and
9    every one of my younger Sons and daughters John Francis William
10    Rebecca Anne Mary and Elizabeth over above and beside the Sum
11    of ten thousand pounds which they are intituled unto by one
12    Indenture Quinquepartite bearing date the Twenty seventh
13    day of October in the thirteenth year of the Reign of his present
14    Majesty King George the Second the following Sums of Money as
15    an addition to their respective portions and as provisions for
16    their Maintenance and Preferment to be paid to each of them
17    respectively at their respective ages of one and twenty years
18    or to the several days of their respective Marriages which
19    shall first happen (excepting the Provisions herein after made
20    for the Maintenance Education or Settlement of my youngest son
21    William and my youngest daughter Elizabeth) that is to say
22    to my Sons John and Francis One thousand five hundred pounds
23    each To my Son William One thousand five hundred and seventy
25    one pounds eight Shillings and Seven Pence and to each of my
26    four daughters Rebecca Anne Mary and Elizabeth the Sum of One
27    thousand five hundred and seventy one Pounds eight Shillings and
28    Seven Pence provided always and it is my Will and meaning and I
29    do hereby direct that in case any or either of my said younger
30    Sons or daughters shall happen to die before his her or their
31    respective portion or portions shall become due or payable
32    as aforesaid (excepting as before and herein after Excepted with regard
33    to the portions of my Son William and daughter Elizabeth) that the
34    portion or Portions of him her or them so dying shall be equally
35    divided and paid unto and among such of my said younger Sons and
36    daughters as shall Survive and attain the said age of one and
37    twenty years or be married and paid him her or them respectively
38    when as as he she or they shall respectively attain that age
39    or be Married which shall first happen and for the Maintenance
40    support and Education of such of my said Younger Sons and
41    daughters as shall not have attained to the age of Twenty one
42    years or be Married at the time of my death and untill they attain
43    the said age or be Married I do give devise and bequeath an
44    annuity or yearly Rent or Sum of thirty pounds a piece to be
45    paid to each of them respectively by equal Quarterly portions
46    or laid out for and towards their respective Maintenance and
47    Education by my Executors herein after named and Whereas the
48    said annuity or yearly Rent or Sum of Thirty Pounds may not
49    be found sufficient to defray the Maintenance and Education of
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50    my Son William and daughter Elizabeth I do hereby direct and
51    impower my Executors out of the respective Legacys of One
52    thousand five hundred and seventy one pounds eight Shillings
53    and seven pence given by this my Will to my said Son William
54    and to my daughter Elizabeth to expend and lay out any Sum
55    not exceeding Seventy Pounds yearly for each of them in their
56    maintenance and Education over and above the said Annuity of
57    Thirty Pounds and the Money so expended and laid out by my
58    Executors as aforesaid shall be taken as Payment of so
59    much of the said respective Legacys of One thousand five
60    hundred and seventy one Pounds Eight shillings and seven
61    pence by him her or them to whom the same shall become due
62    and payable as aforesaid and whereas my Son William may by
63    his Guardians herein after named and appointed be judged
64    incapable of university Education and they shall think it
65    adviseable to bind him to Merchandize or any other Trade or
66    Profession I do hereby direct and impower my Executors to
67    expend and lay out any Sum not exceeding Eight hundred pounds
68    in binding him as aforesaid and the Money be expended
69    and laid out for his use and benefit shall be taken as
70    payment of so much of the said Legacy of One thousand
71    five hundred and seventy one pounds eight shillings and seven
72    pence by him her or them to whom the same shall become
73    due and payable as aforesaid And I do hereby give devise
74    and dispose of the Custody Tuition and Guardianship of my
75    said youngest Son and youngest daughter until they shall
76    respectively attain the age of one and twenty years or be
77    Married to his Excellency Edward Trelaweny Esq[uie]r Governor of
78    Jamaica and my Executors herein after named I give and
79    bequeath to my Eldest Son James Buller Twenty Guineas for
80    Mourning to my Grandchildren James Buller and John Buller
81    Ten Guineas each for Mourning to Joshua Howell of
82    Lanreath Clerk Ten pounds for Mourning to the Poor
83    Inhabitants of the Parish of Morvall Ten pounds to each of
84    my Menial Servants that shall be living with me at the
85    time of my death one Quarter part of the yearly Wages
86    that is or shall be payable to them respectively over and
87    above what shall be otherwise due to them respectively for
88    arrears of such Wages and to such Persons as my Executors
89    shall apprehend to have taken most Trouble with me in my
90    last Sickness Eight Guineas to be divided among them in such
91    proportions as my Executors shall think fit and for the
92    better raising and Securing all and every the Sum and Sums
93    of Money aforesaid and just Payment thereof as well as of my
94    just debts and Funeral Charges and for the due Execution
95    and performance of this my last Will and Testament I do give
96    devise and bequeath all and singular my Lordships and reputed
97    Lordships Manors or reputed Manors Capital and other Presonages
98    Bartons Farms Tythes Lands Tenements Annuities Rents Reversions
99    Remainders and hereditaments whatsoever and all and every
100    the parts and shares thereof with their and every of their
101    appurtenances whereof or wherein I am in my own right
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102    or whereof or wherein any other person or persons
103    whomever In Trust for me or for my use advantage or
104    benefit is or are seized possessed or Estated or whereunto I or such
105    other person or persons in Trust for me or to my use is or are
106    entitled in or by Law or Equity and all my Right Estate Title Interest
107    Term and Terms of Years Claim and demand whatsoever both in
108    Law and Equity of in and unto the same and every or any part
109    or partes thereof unto my Second and third Sons John Buller
110    and Francis Buller To have and to hold all and singular the said
111    premisses unto the said John Buller and Francis Buller and their
112    heirs forever and all the rest and residue of my Goods Chattels
113    Rights and Credits and all my Real and Personal Estate not before
114    hereby given devised or bequeathed and all my right property
115    and Interest therein in or by Law or Equity I do hereby give
116    devise and bequeath unto my said Second and third Sons John
117    Buller and Francis Buller and I do make constitute and appoint
118    them my said Sons John Buller and Francis Buller Executors of
119    this my last Will and Testament In Witness whereof I have to
120    this my last Will and Testament written on two Sheets of Paper
121    set my hand and Seal this Fourth day of November in the year
122    of our Lord One thousand seven hundred and forty five
123    John Fra: Buller Signed Sealed Published and declared
124    by the said John Francis Buller to be his last Will and Testament
125    in the presence of us who Subscribed our names at his request
126    and in his presence and in the presence of each other as
127    Witnesses hereto John Hicks, John Harper, William Dangar
128    I do hereby revoke the Legacy of one thousand five hundred
129    and seventy one pounds eight shillings and seven pence by
130    this my Will annexed given to my daughter Rebecca whom
131    I have lately preferred in Marriage to Charles Watson Esq[uie]r
132    and do hereby give unto her the said Rebecca five hundred
133    Pounds and I do hereby give unto my son William five
134    hundred Pounds an additional Legacy to the one thousand
135    five hundred and seventy one Pounds eight Shillings and
136    Seven Pence already given to him by my said Will In
137    Witness whereof I have hereunto set my hand and seal this
138    Seventh Day of December in the year of our Lord One
139    thousand seven hundred and forty eight John Fra: Buller
140    attested and subscribed in the presence of the Testator and
141    at his request by us John Harper, William Dangar
142    Rich: Bennett
143    I do hereby revoke the Legacy of One thousand five hundred
144    pounds by this my Will annexed given to my Son Francis having
145    Secured a larger Sum to him on his Marriage In Witness
146    whereof I have hereunto set my hand and Seal this Twelfth Day
147    of December in the year of Our Lord One thousand seven
148    hundred and forty nine John Fra: Buller attested and
149    subscribed in the presence of the Testator and at his request
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150    by us John Harper, William Dangar, Richard Bennett
151    I do hereby revoke the Legacy or One thousand five
152    hundred and seventy one Pounds eight Shillings and seven
153    Pence by this my Will annexed given to my daughter Anne
154    for whom I have lately made a Provision In Witness whereof
155    I have hereunto set my hand and Seal this Ninth day of May
156    in the year of our Lord One thousand seven hundred and fifty
157    one John Fra: Buller attested and subscribed in the
158    presence of the Testator and at his request by us John Colwell
159    John Trist, Wm Spencer
160    This Will was proved at London with three Codicils
161    annexed the first day of February in the year of our Lord
162    One thousand seven hundred and fifty two before the Worshipful
163    Robert Chapman Doctor of Laws Surrogate of the Right Worshipful
164    George Lee also Doctor of Laws Master Keeper or Commissary
165    of the Prerogative Court of Canterbury lawfully constituted
166    by the oaths of John Buller and Francis Buller Esquires the
167    Sons of the deceased and Executors in the said Will named to
168    whom was granted administration of all and singular the Goods
169    Chattels and Credits of the said deceased being first sworn duly to
170    administer

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