Monday, March 25, 2013

Will of Frederick William Buller, Lieutenant General in His Majesty's Army - The National Archives PROB 11/2221/379, probated 17 Nov 1855

This will fits with the will of John Buller (blogged:

Frederick William Buller is the son of John Buller and Elizabeth Caroline Buller (second wife) and he was a Major General in the Army born 1778 and died 5 November 1855. He and his wife had a large family which included Frederick Thomas Buller, William Buller, Sir George Buller, John Buller, Charlotte Buller, Caroline (Buller) Lady Poltimore, Agnes and Georgiana Amelia (Buller) Hulse. Mentioned in his will: Major General Frederick Thomas Buller married to Lady Agnes Percy, Reverend William Buller married first to Leonora Sophia Bond and secondly Eleanor Coney, Sir George Buller, General, Commander 1 Battalion Rifle Brigade, Knight of the Legion of Honor and Order of the Medjidie married to Henrietta Macdonald, Caroline married to George Warwick Lord Poltimore, Georgiana Amelia married to Charles Hulse of Breamore.

This is the Buller family of Pelynt and they are descendant of John Francis Buller (he was the grandfather of Frederick William Buller (the testator).

The Buller family has played an enormous role in the military life of the British Isles and I just felt that I needed to do this will just to show how dedicated as a family they were to the United Kingdom. I am still hoping that sometime in the future someone will take on the one name study for the Buller family.

Transcriber: Elizabeth Kipp
Recorded: 18 Mar 2013
Source: The National Archives, PROB 11/2221/379
Testator: Frederick William Buller, Lieutenant General in His Majesty's Army
Date of document: 5 Apr 1836, probated 17 Nov 1855
Read: Electronic copy images
Document quality: 19th century English, legible copy

[Margin]: Frederick
[Margin]: William
[Margin]: Buller
[Margin]: Esquire
[Margin]: 12

1    This is the last Will and Testam[en]t
2    of me Frederick William Buller a Lieutenant General in His Majesty's
3    Army Whereas by the Settlement or Articles made on the marriage of my Son
4    Frederick Thomas Buller with Lady Agnes Percy I am authorized and enpow-
5    ered to charge my Estates in the County of Cornwall with the Sum of Twenty
6    thousand pounds Now I do hereby in pursuance and exercise of such power and
7    of every other power enabling me in that behalf, specifically charge the said
8    Estates with the payment of the said sum of Twenty thousand pounds to be
9    raised and paid within six calendar months after my decease with interest there
10    on after the rate of Four pounds per cent per annum from the day of my death
11    and to be divided equally between my four younger children William Buller
12    George Buller Caroline Lady Poltimore and Georgina Hulse the Wife of Charles
    [Page 2]
13    Hulse Esquire share and share alike the shares of them the said Caroline Lady Poltimore
14    and Georgina Hulse to be paid to the Trustees of their respective Marriage Settlements
15    in satisfaction and performance of all the covenants and agreements entered into by
16    me in such Settlements and to be applied by the said Trustees upon the trusts thereof
17    And subject thereto and to the trusts of the said Settlement so far as the same concern
18    my said Estates I give and devise all and singular my Estates in the said County of
19    Cornwall whether Real or Leasehold and of what nature of kind soever of which
20    may be possessed or entitiled to at the time of my death and all my interest at
21    therein unto my said Sons William Buller and George Buller their heirs executors
22    administrators and assigns according to the nature and tenure of the said
23    Estates upon Trust to sell and dispose of the same together or in parcels and
24    either by public auction of private contract and to stand possessed of the monies
25    arising from the sale thereof after payment of all incidental expenses for the
26    equal benefit of themselves the said William Buller and George Buller my
27    son Frederick Thomas Buller and my said daughter Georgina Hulse share and
28    share alike And in order to facilitate the sale of my said Estates I hereby direct
30    that the receipts of them the said William Buller and George Buller or the
31    survivor of them or other the Trustee or Trustees for the time being of this my
32    Will shall be sufficient discharges for any sum or sums of money paid to them
33    and that the person or persons paying the same shall not be bound to see to
34    the application or be answerable or accountable for the misapplication or
35    misapplication thereof or any part thereof provided always that if any or
36    either of them my said three Sons shall happen to die in my lifetime and shall
37    have issue living at my death than I direct that the share or shares of such
38    Son or Sons so dying as well in the said sum of Twenty thousand pounds as
39    also in the proceeds arising from the sale of my said Estates shall go and vest
40    in such manner as if such Son or Sons so dying had died possessed thereof
41    my estate and as part of his or their personal Estate I give and bequeath unto
42    my said Son William Buller all my plate All the Rest and Residue of
43    my personal Estate and Effects whatsoever and wheresoever not hereby other-
44    wise disposed of after payment thereout of all my debts funeral and testamen-
45    tery expenses I give and bequeath equally between my said Sons William
46    Buller and George Buller and my daughter Georgina Hulse or such of them
47    as shall be living at my death share and share alike provided nevertheless
48    and it is my will and meaning that all monies bequeathed to my daughter
49    Georgina Hulse under this my Will or to which she shall be in any manner
50    entitled by virtue hereof shall be paid to the Trustees for the time being of her
51    Marriage Settlement upon the trusts of the said Settlement And my will is and
52    I hereby declare that the Trustees for the time being of this my Will shall not
53    be chargeable for any more monies than they shall actually receive nor
54    shall they be accountable except for wilful default And that it shall and
55    may be lawful for them my said Trustees in the first place by and out of the
56    monies which shall respectively come to their hands to deduct and reimburse
57    themselves all such expenses as they shall respectively sustain for or by
58    reason of the trusts hereby in them reposed And in case either of these my said
59    Trustees or any other Trustee of this my Will to be appointed in manner here-
60    inafter stated shall die or decline or become incapable to act in the trusts here-
61    by declared before the same shall be fully executed then I declare that it shall
62    be lawful for the surviving acting or continuing Trustee or for the Executors
63    or Administrators of the last surviving Trustee as the case may be to appoint
64    a Trustee or Trustees in the room of the Trustee or Trustees so dying declining
65    or becoming incapable to act and in all such cases all the said trust monies
66    and effects shall be effectually assigned to and vested in the Trustees for the
67    time being of this my Will in such manner as is usual in like cases I appoint
68    my said Sons William Buller and George Buller Executors of this my Will
69    hereby revoking all other Wills by me at any time heretofore made and
70    declaring this only to be my true last Will and Testament In witness whereof
    [Page 3]
71    I the said Frederick William Buller to this my last Will and Testament have
72    set my hand and seal this fifth day of April One thousand eight hundred
73    and thirty six F. W. Buller Signed sealed published and declared
74    by the said Testator as and for his last Will and Testament in the presence
75    of us who at his request in his presence and in the presence of each other
76    have hereunto set and subscribed our names as witnesses Frederic Philip
77    Maude - Tho[ma]s Marshall - F B Robinson Essex Street Strand
78    Proved at London 17th Nov[embe]r 1855 before the Worshipful William Calverley
79    Curteis Doctor of Laws and Surrogate by the Oath of the Rev[eren]d William Buller
80    Clerk the Son one of the Executors to whom Adm[inistrati]on was granted having
81    been first sworn duly to administer power reserved of making the like grant
82    to Sir George Buller Knight the Son also the other Executor when he shall
83    apply for the same.
84    Proved at London the 7th of November 1862 by the Oath of Sir George
85    Buller Knight Commander of the most Honorable Order of the Bath the
86    son the other and surviving Executor named in the said Will he having been
87    first sworn to whom Adm[inistrati]on was granted

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