Friday, March 8, 2013

Will of Henry Buller of Bengal - The National Archives PROB 11/1494/16, probated d13 Mar 1809

I am somewhat intrigued by this will as there is a companion will also by Henry Buller still to do. Sir Edward Buller did the probate of this will as Residuary Legatee. The probate states that John Buller outlived his brother Henry but was himself dead in 1809 at the time of probate. John Buller died in 1807 according to the Visitation which means that Henry died between 1792 when he wrote his will and 1807 when John died. The ages of the children in 1792 were less than 21 and in 1809 they would have been seventeen years older so possibly young adults. William Buller married in 1815 according to the Naval Chronicles (blogged yesterday). William Buller and Henry George Buller came back to England since William married there and Henry George Buller was in the army. Sir Edward does mention Henry George Buller (as the son of his brother Henry Buller) in his will but William Buller the other son has died. This is the first mention that the two boys are the sons of Henry Buller and it is in the will of Sir Edward Buller. 

Transcriber: Elizabeth Kipp
Recorded: 5 Mar 2013
Source: The National Archives, PROB 11/1494/16
Testator: Henry Buller
Place: Bengal, East Indies
Date of document: 17 Mar 1792 , probated 13 Mar 1809
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 there from 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
24    his heirs Executors Administrators and Assigns
25    It is further my Intention that in Case of the
26    Demise of Captain Edward Buller before this
27    Will shall take effect whatever he might if
28    surviving me the Testator be entitled to by it
29    shall be equally divided between his Children
30    lawfully begotten It is my anxious request
31    that my Brother John Buller of Bengal and
32    Stephen Harris of the same will take upon
33    them the Trouble of acting as Executors to this
34    will and I do hereby accordingly hereby constitute
35    and appoint the said John Buller and Stephen
36    Harris Executors to this my last Will and
37    Testament And I request that as soon after
38    my decease as they conveniently can they will
39    by public or private sale as they shall judge
40    most for the benefit of the Estate sell the
41    whole of  my real Estate and Goods and
42    Chattels for the Benefit of the Legatees And
43    it is moreover my earnest request that my
44    Brother John Buller will have the kindness
45    after my decease to take Henry George Buller
46    and William Buller under his particular
47    protection and see that they be properly
48    educated and set forth unto Life In Witness
49    of the above I the said Henry Buller have
50    to this my last Will and Testament set my
51    hand and Seal this seventeenth day of March
52    in the Year of our Lord One thousand seven
53    hundred and ninety two Henry Buller
54    Signed sealed and declared by Henry Buller as
55    and for his last Will and Testament where no
56    stamp paper is to be had in the presence of
57    us who in his presence at his Request and
58    in the presence of each other have subscribed
59    our Names as Witnesses thereto Peter Fouchet
60    A Seton G Foxcroft
61    On the thirteenth day of March in the year
    [Page 3]
62    One thousand eight hundred and nine Administration
63    (with the will annexed) of all and singular
64    the Goods Chattels and Credits of Henry Buller
65    late of Calcutta in the East Indies Esquire
66    deceased was granted to Sir Edward Buller
67    Baronet the Brother of the deceased and
68    Residuary Legatee named in the said Will
69    having been first sworn duly to administer
70    John Buller Esquire the Brother of the said
71    deceased and one of the Executors named in
72    the said Will survived the said deceased but
73    is since dead without having taken upon
74    him the probate and Execution of the said
75    Will and Stephen Harris Esquire the surviving
76    Executor having first renounced the probate
77    and Execution thereof

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