Thursday, March 14, 2013

Will of Charles Buller of Richmond Surrey Esquire - The National Archives PROB 11/2079/35, probated 16 Aug 1848

Found this testator, Charles Buller, as the father of The Right Honourable Charles Buller (6 Aug 1806 - 29 Nov 1848) a British barrister, politician and reformer. This Wikipedia article goes on to say that Charles Buller (testator and father of the Charles Buller in the Wikipedia article) was descendant of the Cornish Buller Cornish and married to Barbara Isabella Kirkpatrick. Since the son Charles (person in the Wikipedia article) was born in Calcutta there is perhaps a story about Charles Buller and his wife Barbara Isabella Kirkpatrick not yet written. Charles Buller (testator) can be found on the visitation of Cornwall and Charles as the son of John Buller and Anne Lemon. Charles was the fourth son of John Buller and Anne Lemon. The children listed for Charles Buller (testator) on the Visitation are The Right Honourable Charles Buller MP for East Looe and Liskeard (mentioned in the Wikipedia article above) and Sir Arthur William Buller who was a Judge at Calcutta and he married Maria Templer.

On the LDS website Charles Buller and Barbara Isabella Kirkpatrick were married 26 Aug 1805 at Calcutta Bengal India (Family Search M75002-2). Their son Reginald Buller was baptized 14 Sep 1813 at Morval, Cornwall. He is not mentioned on the visitation. Their son Arthur William Buller was baptized 21 Oct 1808 at Calcutta Bengal India and he was born 5 Sep 1808 (Family Search C75002-2). I couldn't find the baptism for Charles but the Wikipedia article gives him a date of birth of 6 Aug 1806 so presumably he was also born and baptized at Calcutta Bengal India.

The Carlyle Encopledia (edited by Mark Cumming) gives some insight into this family. Their son Reginald was clerk at Troston Rectory (Rector). Charles and Barbara Isabella Buller lived with their son Reginald through the 1840s at the Rectory and apparently early on (February 1840) Isabella had adopted a young girl named Theresa Revis. As well in the book on page 45 is mentioned that Arthur had gone to India in 1848 to pursue  his legal career. Charles Buller (testator) died on 17 May 1848, Charles Buller junior died after an operation 29 Nov 1848 and Isabella died 14 Mar 1849 (of grief he says).

Transcriber: Elizabeth Kipp
Recorded: 12 Mar 2013
Source: The National Archives, PROB 11/2079/35
Testator: Charles Buller
Place: Richmond, Surrey
Date of document: undated but lawyer under oath stated 1 Jun 1841, probated 16 Aug 1848
Read: Electronic copy images
Document quality: 19th century English, legible copy

[Margin]: Charles
[Margin]: Buller
[Margin] Esquire
[Margin] 8

1    This is the last Will and Testament
2    of me Charles Buller of Troston Rectory in the County of Suffolk late of the
3    priory near Leatherhead in the County of Surry Esquire I give devise and be-
4    queath unto my dear wife Barbara Isabella Buller all and every my lands
5    tenements houses goods and chattels and real and Personal Estate whatsoever
6    whether in Great Britain or in the East Indies for and during the time of her
7    natural life and from and after the decease of my said wife I give and bequeath the
8    same unto my two Sons Charles Buller Esq[uie]r and Reginald John Buller Clerk
9    their heirs executors administrators and assigns upon the trusts following that is
10    to say upon and for such trusts ends intents and purposes and for such person or persons
11    as my said dear wife shall by any deed under her hand and seal to be executed
12    in the presence of two credible witnesses or by her last Will and Testament in
13    writing to be legally executed direct limit and appoint that in default of such
14    direction limitation or appointment upon Trust my  said trustees
15    shall and do out of my said real and personal estate or out of a competent
16    part thereof pay unto Theresa Marianne Revis spinster who is now of the
17    age of nine years and residing in my family the yearly sum of one hundred
18    pounds of lawful money of Great Britain for and during the term of her
19    natural life the said annuity to be paid by two equal half yearly payments
20    the first payment thereof to be made at the expiration of six calendar
21    months next after the day of my decease And subject to the said annuity I do
22    direct my said trustees to stand possessed of my said real and personal estate in
23    trust for my said Son Charles Buller his heirs executors administrators and
24    assigns to and for his and their own absolute use and benefit I appoint my
25    said Sons Charles and Reginald John my Executors C Buller
26    Signed sealed published and declared b y the said Charles Buller as and for
27    his last Will and Testament in the presence of us present at the same time
28    who at his request in his presence and in the presence of each other have
30    hereunto subscribed our names as witnesses John Edw Buller S C Lin
31    Inn Fields Edw[ar]d F Sealy William Johns Clerk to Messrs
32    Smart and Buller
33    Prerogative
34    In the Goods of Charles Buller Esquire deceased
35    Appeared Personally John Edward Buller
36    of Lincolns Inn Fields in the County of Middlesex Gentleman and made oath
    [Page 2]
37    that as one of the residuary witnesses to the last Will and Testament of
38    Charles Buller formerly of Treston Rectory in the County of Suffolk afterwards
39    of the Priory near Leatherhead in the County of Surry and late of Richmond
40    in the aforesaid County Esquire deceased which Will without date is now testa-
41    mentary there with beginning thus "This is the last Will and Testa-
42    ment of me Charles Buller" ending thus "I appoint my Sons Charles and
43    Reginald John, my Executors" and thus subscribed C. Buller And he further
44    saith that from a Memorandum this deponent made at the time he hath
45    no doubt and verily and in his conscience believes that the said Will was
46    executed by the said deceased at the office of him the appearer on the first of
47    June one thousand eight hundred and forty one and having now carefully
48    viewed and appraised the said will and the appointment therein of the Sons
49    of the deceased Charles and Reginald John to be the Executors thereof he saith
50    that the appointment of Executors was written by the deceased himself
51    prior to the execution of the said Will by him John Edw Buller
52    on the 15th day of August one thousand eight hundred and forty eight the
53    said John Edward Buller was duly sworn to the truth of this affidavit
54    before us F J Pratt _____ Jno J Glennie Not. Pub.
55    Proved at London 16th Aug[us]t 1848 before the worshipful James Parker
56    Deane Doctor of Laws and Surrogate by the Oaths of Charles Buller Esquire
57    and the Rev[eren]d Reginald John Buller Clerk the Jointe Executors to whom
58    Administration was granted having been first sworn to administer

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