Saturday, March 9, 2013

Will of Henry Buller, Bengal, East Indies - The National Archives PROB 11/1366/178, probated 3 Dec 1801

This will for Henry Buller is similar to the preceding one blogged the day before yesterday. However there was a new admon granted and the details follow. The dates are somewhat confusing and will try to sort that out. There are some subtle differences in the will and some added copy in the margin which makes this will slightly different. It is perhaps the first will written although also carries the "word" copy at the top but this has been rewritten and is not in the original hand of Henry Buller. The year of death is stated in a letter from a William John Morgan as occurring on 1 January 1800 at sea off the Cape of Good Hope.

The reason for the second probate appears in the first probate. This will was not the original official copy of the will and probate was granted on the basis of looking only at his holdings in England with the proviso that at a later date when the will became available the remainder of the will would be executed. It was somewhat confusing because both entries carry the word "Copy" at the top.

The next set of wills are from Somerset and there are eight of them:

Edward Buller, Gentleman, Nettlecombe, PROB 11/954/363, 19 Feb 1770
George Buller, Gentleman, Nether Stowey, PROB 11/1331/22, 1 Oct 1799
Jenkins Buller, Gentleman, Nether Stowey, PROB 11/1270/21, 8 Jan 1796
John Buller, Lillesdon, North Currie, PROB 11/79/212, 3 Mar 1592
Mary Buller, Spinster, Nether Stowey, PROB 11/1152/355, 31 May 1787
Sarah Buller, Widow, Hether Stowey, PROB 11/951/315, 2 Oct 1769
Thomas Buller, Gentleman, Staple Fitzpayne, PROB 11/51/16, 22 Jan 1569
William Buller, Soap Boiler, Nether Stowey, PROB 11/1137/59, 31 Jan 1786

Transcriber: Elizabeth Kipp
Recorded: 6 Mar 2013
Source: The National Archives, PROB 11/1366/178
Testator: Henry Buller
Place: Bengal, East Indies
Date of document: 17 Mar 1792 , probated 3 Dec 1801
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: Henry
[Margin]: Buller
 [Top]: Copy

1    This is the Last Will
2    and Testament of me Henry Buller of Bengal First
3    I give and bequeath unto Henry George Buller
4    the son of Fyzunussun Formerly in my Service
5    the Sum of twenty thousand Current Rupees together
6    with my Share Subscribed for in the Tontine for
7    Five years on the Life of the said Henry George
8    Buller with the Interest dividends and proceed
9    thereof Secondly I give and bequeath unto William
10    Buller the Son of Nunny formerly my Servant the
11    Sum of Seventeen thousand Current Rupees thirdly I
12    give and bequeath unto Captain Edward Buller
13    my Brother his heirs Executors Administrators and
14    Assigns all the rest and residue of my personal and
15    Real Estate upon Condition that the said Captain
16    Edward Buller do pay therefrom Five hundred Current
17    Rupees to each of my Servants Deenoo and Jolam
18    It is my Intention that In case of the Death of
19    Henry George Buller or William Buller or of both
20    of them before they shall attain the age of seventeen
    [Page 2]
21    the Legacy or Legacies allotted to either or both of them
22    who shall die within the period above specified
23    shall go to my Brother Captain Edward Buller his
24    heirs Executors Administrators and Assigns It is
25    further my Intention that in Case of the Demise of
26    Captain Edward Buller - before this Will shall
27    take effect whatever  they  might if surviving me the
28    Testator be entitled to by it shall be equally divided
29    between his Children lawfully begotten It is my
30    anxious request that my Brother John Buller of
31    Bengal and Stephen Harris of the same will
32    take upon them the Trouble of acting as Executors
33    to this will and I do hereby accordingly hereby constitute
34    and appoint the said John Buller and Stephen
35    Harris Executors to this my last Will and
36    Testament And I request that as soon after my
37    decease as they conveniently can they will
38    by public or private sale as they shall judge most for the benefit of the Estate sell the
39    whole of  my real Estate and Goods and Chattels
40    for the Benefit of the Legatees And it is moreover
41    my earnest request that my Brother John
42    Buller will have the kindness after my demise to
43    take Henry George Buller and William Buller
44    under his particular protection and see that
45    they be properly educated and set forth unto Life
46    In Witness of the above I the said Henry
47    Buller have to this my last Will and Testament
48    set my hand and Seal this seventeenth day of
49    March in the Year of our Lord One thousand
50    seven hundred and ninety two Henry Buller
51    Signed sealed and declared by Henry Buller as
52    and for his last Will and Testament where
53    no stamp paper is to be had in the presence of
54    us who in his presence at his Request and in the presence of each other have subscribed our Names as
55    Witnesses thereto Peter Fouchet A Seton G Foxcroft
56    In the Goods of Henry Buller Esquire deceased
57    the Seventeenth day of January 1801
58    Appeared Personally
59    Edward Buller Esquire Captain of his Majestys
60    Ship Edgar and now residing at East Stonehouse
61    in the County of Devon and made Oath that
62    On or about the twenty First day of April last
63    he received by the Post a letter from William
64    John Morgan of Cape Town in the East Indies and
65    dated Cape Town January the thirteeneth one thousand
66    and Eight Hundred wherein the said William John
67    Morgan informed him the depondent of the death
68    of his Brother Henry Buller formerly of Bengal
    [Page 3]
69    but who died at Sea near the Cape of Good Hope on the
70    first day of January One thousand and Eight
71    hundred and he further informed him that his
72    Will had been Found dated in the year One
73    thousand Seven hundred and Ninety two and
74    enclosed in the said Letter set him an attested
75    Copy of the said Will and the deponent further
76    made Oath that having viewed the paper
77    writing hereto annexed beginning "This is the
78    last Will and Testament of me" Henry Buller
79    of Bengall" and ending "In Witness whereof the
80    above I the said Henry Buller have to this
81    my last Will and Testament set my hand and
82    Seal this Seventeenth day of March in the year
83    of Our Lord one Thousand Seven hundred and
84    Ninety two " and with a Notarial attestation
85    as to the authority of the same and Signed
86    by Thomas Witton as a Notary Public he
87    saith that the paper writing is the same which
88    was so Received by him enclosed in the aforesaid
89    letter and the Deponent further made Oath
90    that he verily believes that the Original Will
91    of the said deceased hath been proved by
92    the Executors or one of them in the proper
93    Court at Bengall where where the same now
94    remains and that the annexed Notarial Copy
95    of the said Will is the most authoratie Copy now
96    in England and that he is desirous of obtaining Letters
97    of Administration (with the same annexed)
98    to be Granted to him as the Residuary Legatee
99    named in the said Will for the purpose of
100    Collecting in and recovering the Effects of the
101    said deceased in this country and the Deponent
102    Lastly made Oath that John Buller the
103    Brother of the said Deceased and Stephen
104    Harris the Executors named in the aforesaid
105    Will now live and reside at Bengal aforesaid
106    as he verily believes Ed[war]d Buller Same day
107    the said Edward Buller was duly sworn
108    to the Truth of this affidavit by Virtue of the
109    Annexed Commission before me Jonathan
110    Williams Commissioner In the Presence of
111    William Foot Notary Publick
112    On the third day of December in the year of our
113    Lord one thousand Eight hundred and one adm[inistrati]on
114    with the Notarial Copy of the Will annexed of
115    all and singular the Goods Chattles and Credits of
116    Henry Buller formerly of Bengal but late of the
117    Cape of Good Hope in the East Indies Esquire
118    deceased was granted to Edward Buller the
    [Page 4]
119    Brother and Residuary Legatee named in the said
120    Will Lim[ite]d until the Original Will or a more Authoritie
121    Copy thereof should be brought into and left in
122    the Registry of the prerogative Court of Canterbury
123    but no further or otherwise having been first
124    Sworn by Commission duly to administer John
125    Buller the Brother and Stephen Harris the
126    Executors named in the said Will have been
127    first cited with the usual intimation to accept or
128    refuse the probate and Execution of the Notaries
129    Copy of the said last Will and Testament of the
130    said deceased but they not either of them in any
131    wise appeared

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