Saturday, March 2, 2013

Will of Richard Buller Esquire of Saint Marylebone, Middlesex - The National Archives, PROB 11/1680/55, probated 21 Jan 1824

Always nice to match up wills and this is Richard the second son of William Watson Buller and Sarah Stert. His will was blogged earlier. This Richard was married to Felizarda Guilhermina and her surname is unknown. They had six children including three daughters and three sons.

Sir Peter Pole, Baronet, married Anna Guilhermina Buller 24 Dec 1798. She was the eldest daughter of Richard Buller, Esquire. They had eight children. She died 25 Jul 1835.

A second daughter Felizarda Matilda Buller was married to Charles Pole (brother of Sir Peter Pole).

The third daughter Marianna was married to the Reverend Henry Isham.

The oldest son appears to be Cornelius, second eldest is the Reverend Arthur, Clerk and Daniel is the youngest son although he appears to benefit little from the will.

http://genforum.genealogy.com/buller/messages/260.html

An online website links this family back to the Buller family of Shillingham but I still haven't figured out the connection. There is just one Richard that is a possibility on the Visitation but it does not extend his information further than himself although it also does not show him to have died without issue. However the dates of birth for the two Richard entries do not agree. A mystery that is actually. Of course the other issue is whether or not all children are listed on the Visitation. By the wills that were written father to son it does appear that they are all mentioned but then one generation back there are several sons about whom nothing more has been written.

Is the Cornelius Buller Esquire who was Governor of the Bank of England 1824-1826 related to this testator? Looking at the deaths in Free BMD there was one Cornelius Buller who died Jun quarter 1849 (he was the Governor of the Bank of England as mentioned) in Kensington RD. and another death of Cornelius Buller Dec quarter 1880 and he was 77 years of age dying in Marylebone RD. This would be the son of the testator.

http://theweek.com/article/index/95385/the-panic-of-1825

However there was a Cornelius Buller who was in business with Richard Buller and a third partner Hieroniman Berminster. Was Cornelius Buller a brother to Richard? Was Hieroniman Berminster a brother to the wife of Richard Buller namely Felizarda Guilhermina (surname unknown).  Cornelius Buller stepped back from becoming involved when the banking house of Pole was in trouble in 1825 because he was related (the deputy Governor took over that particular transaction). However Cornelius Buller is credited with preventing a complete collapse of the system. But how does this Cornelius Buller fit into the Buller family? Cornelius Buller was married to Mary Downe the daughter of Richard Down Esquire Banker of Bartholomews Lane in the City of London. The Will or Richard Down is in its entirety in the website below:

http://freepages.family.rootsweb.ancestry.com/~dewievans/richard_will.html

Transcriber: Elizabeth Kipp
Recorded: 17 Feb 2013
Source: The National Archives, PROB 11/1680/55
Testator: Richard Buller Esquire
Place: Saint Marylebone, Middlesex, England
Date of document: 2 Aug 1823, probated 21 Jan 1824
Read: Electronic copy images
Document quality: 19th century English, legible copy

[Margin]: Richard
[Margin]: Buller
[Margin]: 51

1    This is the last Will and Testament
2    of me Richard Buller of Cumberland Street in the parish of Saint
3    Marylebone in the County of Middlesex Esquire I direct that all my
4    just debts be paid immediately after my decease I appoint my sons
5    Cornelius Buller and Arthur Buller and my son in Law Charles
6    Pole Executors of this my will I give and bequeath unto my Son
7    Cornelius Buller the sum of twenty thousand pounds which I
8    have advanced as a Capital in the Mercantile Firm of Richard
9    Buller and Co and I also release and discharge him from the
10    payment of the sum of Sixteen thousand Seven hundred pounds
11    which I have advanced to him for various purposes I give and
12    bequeath unto my Son the Reverend Arthur Buller the sum
13    of twenty thousand pounds and to my Son Daniel Buller the
14    sum of twenty thousand pounds the said two legacies to be
15    paid within two months after my decease I give and bequeath
16    to my daughter Anna Guilhermina wife of Sir Peter Pole Bar[one]t
17    the sum of ten thousand pounds and to my daughter Felizarda
18    Matilda wife of Charles Pole Esquire the like sume of ten thousand
19    pounds to be respectively paid within two months after my
20    decease I give and bequeath to my said Executors Cornelius
21    Buller, Arthur Buller and Charles Pole the sum of ten thousand
22    pounds upon trust within two months after my decease to
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23    lay out and invest the same in their names upon Government
24    Securities in Great Britain with power to vary and transpose
25    the said Securities from time to time at their discretion and to stand
26    possessed of the said Securities upon trust to pay the dividends or
27    interest thereof from time to time as the said shall become due
28    into the proper hands of my daughter Mariana Johane the
29    wife of the said Henry Charles Isham or unto her order to be
30    signified by writing under her hand from time to time after the
31    same shall have become due and not by way of anticipation
32    for her life for her sole use and benefit and I declare that the same
33    shall not be subject to the debts controll or Engagements of
34    her present or any future husband of my said daughter and
35    that the receipts of my said daughter alone or of such person
36    or persons as she shall in manner aforesaid appoint shall
37    from time to time not withstanding her coverture be a
38    good and sufficient discharge to my said Executors and after
39    the decease of my said daughter Marianna Isham upon
40    trust to pay assign and transfer her said sum of ten thousand
41    pounds or the securities upon which the same shall be invested
42    unto and amongst all and every the Child and Children of
43    my said daughter Marianna Isham in such shares and
44    proportions and at such times and in such manner and
45    form as my said daughter shall by deed or will executed
46    in the presence of and attested by two witnesses direct or
47    appoint and in default of appointment in equal shares and
48    proportions such shares being vested interests in the Children
49    of my said daughter being Sons on their attaining the age
50    of twenty one years or being daughters on their attaining
51    that age or on the day or days of their marriage with benefit
52    of Survivorship among them in case of the death of any of
53    them before their respective shares or interests should become vested
54    as aforesaid and with the allowance of the dividends or
55    interest of their respective shares for their maintenance and
56    Education in case my said daughter should die before the
57    said shares become vested and also with power to my said
58    Executors after the decease of my said daughter to advance
59    any part of the expectant shares of her said Children respectively
60    for their preferment or advancement in the world as my
61    said Executors shall think fit and in case my said daughter
62    shall depart this life without leaving issue or there being
63    such they shall all die being Sons under the age of twenty
64    one years and being daughters under that age and unmarried
65    then I direct the said sum of ten thousand pounds or the
66    securities upon which the same shall be invested to be paid
67    and transferred unto and equally between all my surviving
68    Grand Children who shall be living at the decease of my
69    said daughter share and share alike I give and bequeath
70    unto each of Sons in Law Sir Peter Pole Baronet Charles
71    Pole Esquire and the Reverend Henry Isham the sum of
72    two hundred pounds sterling and to Mr John Schubach
73    the like sum of two hundred pounds such last mentioned
74    legacies to be paid within two months after my decease and
75    I give and bequeath unto each of the Children of my Children
76    Anna Guilhermina Cornelius Felizarda Matilda and
77    Marianna who shall be living at the time of my decease the
78    sum of one hundred pounds to be paid to such of them as shall
79    have attained twenty one years of age as soon as conveniently
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80    may be after my decease and to be paid to such of them as
81    shall not have attained twenty one years of age or their
82    attaining that age but to be a vested interest at my decease and
83    to be paid out at interest upon Government securities for their
84    benefit respectively during their Minorities and I direct my
85    Executors to present Mourning Rings to each of my friends
86    and relatives as they may think proper I direct my said
87    Executors to lay out and invest in their names within
88    one Month after my decease in Government securities in Great
89    Britain so much money as will produce the clear annual
90    sum of one hundred pounds and to stand possessed thereof In
91    trust to pay the interest or dividends thence arising from time to
92    time as and when the same shall become payable to my old
93    and faithful Maid Servant Isabella Brown for her life with
94    proportionable part thereof to the day of her decease and
95    after her decease I direct that the said Government securities
96    shall sink into and become part of the residue of my personal
97    Estate I give and bequeath to my Coachman Francis Brown
98    if he shall be in my service at the time of my decease the sum
99    of one hundred pounds sterling to be paid in one month after
100    my decease and I give to each of my other servants who shall
101    be living with me at my decease the sum of ten pounds to
102    be paid within one month after my decease and I also give
103    to each and every of my servants who shall be living with
104    me at the time of my decease such Mourning as my Executors
105    shall think proper and as to the residue and remainder
106    of my Estate and Effects real or personal or of what nature
107    or kind soever or wheresoever I give devise and bequeath
108    the same unto and to the use of my Son Cornelius Buller
109    his heirs Executors advisors and assigns for ever according
110    to the different natures thereof respectively but in case my
111    personal Estate shall be insufficient to satisfy my debts
112    legacies funeral and Testamentary Expences then I direct
113    that such deficiency provided the same do not exceed five
114    thousand pounds shall be deducted and retained out of the
115    said legacy of twenty thousand pounds so given and bequeathed
116    to my Son Arthur but in case such deficiency shall exceed
117    five thousand pounds then I direct such deficiency exceed the sum of five thousand pounds shall be borne by my Son Cornelius
118    and I do hereby give full power to my Executors to submit
119    to arbitration adjust settle compromise and compound
120    all accounts dealings and transactions in which I shall be
121    concerned at the time of my decease as they shall think fit
122    and I direct all my Books papers accounts and writings to
123    be delivered to or taken by my said Son Cornelius and I
124    declare that the receipt or receipts of my said Executors for
125    any money to be received or collected and got in or in
126    any other manner to become payable to them under the
127    trusts of this my will shall effectually discharge the person
128    or persons to whom the same shall be given from being
129    answerable or accountable for the misapplication or
130    Nonapplication or being bound to see to the application
131    or the money expressed in such receipts to be received and
132    I further declare that the Executors and trustees hereby as
133    appointed or to be appointed in pursuance of this my Will
134    their heirs Executors and adm[inistrat]ors shall be charged due
135    chargeable respectively only for such monies as they shall actually
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136    actually received by virtue of the trusts hereby in them
137    reposed notwithstanding his or their joining in or signing
138    any receipt or receipts by way of conformity and any one
139    or more of them shall not be answerable or accountable
140    for the other or others of them or for any misfortune or loss
141    which may happen in the Execution of the aforesaid trusts
142    except the same shall happen through their own wilful
143    default respectively and that it shall be lawful for them
144    out of the Monies which shall come to their hands by
145    virtue of the trusts hereby created to reimburse himself
146    and themselves respectively and also to allow to his and their
147    co executors and trustees and each of them all costs charges
148    counsels fees and Expences which they or other of them shall
149    or may sustain in or about the Execution of the aforesaid trusts
150    or in any wise relating thereto and I hereby also declare
151    that when and so often as either of the trustees appointed
152    by this my will or any future trustee to be appointed as
153    after mentioned shall die decline to act or become desirous
154    of being discharged from the trusts herein created it shall
155    be lawful for the surviving or trustees or the Executors or
156    advisors of the Survivor to appoint another person to
157    succeed to the place of every trustee who shall so die
158    decline to act or become desirous of being discharged as
159    aforesaid and immediately upon any such appointment
160    the said trust Estate and property shall be tranferred
161    conveyed and disposed of so that the same may become
162    vested in such newly appointed trustee or trustees jointly
163    with the surviving or continuing trustee or trustees upon such
164    of the trusts hereby created as shall be then capable of taking
165    effect and every such appointed trustee shall have and be
166    entitled to the same protection and be invested the same
167    powers priviledges and authorities as are hereby given
168    to and provided for the trustees hereinbefore named and
169    I do hereby revoke all former wills made by me and declare
170    this only to be my last will and Testament In witness whereof
171    I the said Richard Buller have to this my last Will and Testament
172    contained in five sheets of paper and to a duplicate thereof
173    set my hand and seal that is to say to the four first sheets
174    thereof set my hand only and to this fifth and last sheet my
175    hand and seal this second day of August in the year of our
176    Lord one thousand eight hundred and twenty three.  Richard
177    Buller Signed sealed published and declared by the said
178    Richard Buller the Testator as and for his last Will and
179    Testament in the presence of us who in his presence at
181    his request and in the presence of each other have hereunto
182    subscribed our names as Witnesses thereto Tho[ma]s Haddon
183    Angle Court Throgmorton Street Fra[nci]s Moreroether of the
184    same place Clerk to Mess[ieur]s Galty Haddon and Galty
185    Codicil to the last Will and Testament of me Richard
186    Buller of Cumberland Street in the parish of Saint
187    Marylebone in the County of Middlesex Esquire I give to
188    my Son Cornelius Buller my large Silver Salver which
189    is contained in a plate Chest now in the possession of
190    my Bankers Mess[ieur]s Stowe and Martin and I give
191    the remainder of the articles of plate which are contained
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192    in the said Chest together with all and singular my plate
193    Linen China household Goods and Furniture Wines and
194    liquors to my two Sons Arthur Buller and Daniel Buller
195    and my daughter Marianna Isham in equal shares and
196    proportions as Tenants in Common the share of my said
197    daughter to be for her separate use free from the debts
198    controul or engagements of her present or any future husband
199    and for which her receipt shall be a sufficient discharge and
200    whereas I have by my said Will given to my daughter Anna
201    Guilhermina the wife of Sir Peter Pole Baronet the sum of
202    Ten thousand pounds and I have also given unto my daughter
203    Felisarda Matilda wife of Charles Pole Esquire the like sum
204    of Ten thousand pounds and I have also given to my Executors
205    the like sum of ten thousand pounds upon trust for my dau[ghte]r
206    Marianna Isham and her issue as therein mentioned Now
207    I do hereby revoke the said three several legacies so given to
208    or in trust for my said daughters as aforesaid and in lieu
209    thereof I do hereby give and bequeath unto each of them
210    my said daughters Ann Guilhermina and Felizarda Matilda
211    the sum of five thousand pounds to be paid respectively
212    within two months after my decease and I do give and
213    bequeath unto the Executors in my said Will named
214    the sum of twenty thousand pounds upon trust that they
215    my said Executors do and shall within two months next
216    after my decease lay out or invest the sum of ten thousand
217    pounds part thereof upon Government or ral real securities
218    and vary such securities at their discretion and that they
219    and the survivors and survivor of them his Executors
220    advisors and assigns shall stand possessed of the same
221    upon the trusts following that is to say upon trust to pay
222    the dividends interest and income thereof unto my said
223    daughter Marianna Isham during her life for her sole
224    and separate use and I declare that the same shall not
225    be in any manner subject to the controul debts or
226    Engagements of her present or any future husband with
227    whom she may intermarry and that she shall not anticipate
228    charge incumber or assign the growing payments thereof
229    and that her receipts shall from time to time notwithstanding
230    her coverture be good and sufficient discharges for so much
231    of the said dividends interest and income as shall therein
232    respectively be acknowledged to have been received and
233    on the decease of my said daughter Marianna Isham
234    I declare that her said trust funds and securities so directed
235    to be purchased with the said sum of ten thousand
236    pounds shall be held by my said trustees upon trust for
237    all or such one or more exclusively of the other or others
238    of the Child or Children of my said daughter Marianna
239    Isham to be paid assigned or transferred to and vest in
240    such Child or Children at either ages days or times and
241    more than are in such parts hares and proportions and
242    with such directions for maintenance and Education
243    and such conditions and restrictions as she my said daughter
244    by any deed or deeds writing or writings with or without
245    power of revocation and new appointment to be sealed
246    and delivered by her in the presence of and to be attested
247    by two or more credible witnesses or by her last will and
248    testament
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249    Testament in writing or any writing in the nature thereof
250    or any Codicil thereto to be signed and published by her in
251    the presence of and to be attested by the like number of
252    credible witnesses shall direct or appoint and in default
253    of such direction or appointment and so far as any such
254    direction or appointment if incomplete shall not extend upon trust
255    for all and every her Child and Children who being a Son or Sons
256    shall attain the age of twenty one years or being a daughter
257    or daughters shall attain that age or be married to be divided
258    between them if more than one in equal shares as Tenants
259    in Common and if there shall be but one such Child then
260    the whole of the same shall be in trust for that one Child
261    and it is my further Will and I direct that my said Executors
262    do and shall within two months next after my decease lay
263    out and invest in their names the sum of five thousand
264    pounds other part of the said sum of twenty thousand pounds
265    upon Government or real securities and vary such securities at their
266    discretion and that they and the survivors of them and the Executors
267    and adm[inistrat]ors of such survivor shall stand possessed of the said last
268    mentioned stocks funds and securities upon the trusts following that
269    is to say upon trust to pay the interest dividends and income thereof
270    unto my said daughter Anna Guilhermina Pole for her own
271    sole and separate use and I declare that the same shall not be
272    in any manner subject to the controul debts or engagements
273    of her present or any future husband with whom she may
274    intermarry and I direct that she shall not anticipate charge or
275    incumber the growing payments thereof but that her receipt
276    alone notwithstanding her coverture shall be a good and
277    sufficient discharge for so much of the said dividends interest
278    and income as shall therein be expressed to be received and
279    on the decease of my said daughter Anna Guilhermina Pole
280    I declare that the said trust funds and securities so directed to
281    be purchased with the said sum of five thousand pounds
282    shall be held by my said trustees upon trust for all or such one
283    or more exclusively of the other or others of the Child or Children
284    of my said daughter Anna Guilhermina Pole to be paid
285    assigned and transferred or vest in such Child or Children at
286    such ages days or times and if more than one in such
287    parts shares or proportions and with such direction for
288    maintenance and Education and with such conditions and
289    restrictions as she my said daughter by any deed or deeds
290    writing or writings with or without power of revocation
291    and new appointment to be sealed and delivered by her in
292    the presence of and to be attested by two or more credible
293    witnesses or by her last will and Testament or any writing
294    in the nature thereof or any Codicil thereto to be signed
295    and published by her in the presence of and to be attested
296    by the like number of Witnesses shall direct or appoint and
297    in default of such direction or appointment and so far
298    as any such direction or appointment if incomplete shall
299    not extend upon trust for all and every her Child and Children
300    who being a Son or Sons shall attain the age of twenty
301    one years or being a daughter or daughters shall attain
302    that age or be married equally to be divided between
303    them if more than one as Tenants in Common and if
304    there shall be but one such Child then the whole of the
305    same shall be in trust for that one Child and it is my
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306    further will and I direct that my said Executors do and
307    shall within two months next after my decease lay out and
308    invest the sum of five thousand pounds residue of the said
309    sum of twenty thousand pounds upon Government or real
310    securities and vary such securities at their discretion and that
311    they and the survivors and survivor of them his Executors
312    administrators and assigns shall stand possessed of the said
313    last mentioned funds and securities upon trust to pay the
314    dividends interest and income thereof unto my daughter
315    Felizarda Matilda Pole during her life for her sole and
316    separate use and I declare that the same shall not be
317    in any manner subject to the controul debts of engagements
318    of her present or any future husband with whom she
319    may intermarry and that she shall not anticipate charge
320    encumber of assign the growing payments thereof and
321    that her receipts alone not withstanding her coverture shall
322    be good and sufficient discharges for so much of the said
323    dividends interest and income as shall therein respectively
324    be acknowledged to have been received and on the decease
325    of my said daughter Felizarda Matilda Pole I declare that
326    the funds and securities directed to be purchased with
327    the last mentioned sum of five thousand pounds shall
328    be held by my said trustees upon trust for all or such one
329    or more exclusively of the other or others of the child or
330    Children of my said daughter Felizarda Matilda Pole to
331    be paid assigned or transferred to or vest in such Child or
332    Children of such ages days or times and if more than one
333    in such parts shares and proportions and with such
334    direction for maintenance and education and such
335    conditions and restrictions as she my said daughter by
336    any deed or deeds writing or writings with or without
337    power of revocation and new appointment to be sealed
338    and delivered by her in the presence of and to be attested
339    by two or more credible witnesses of by her last will and
340    Testament in writing or any writing in the nature thereof or
341    any Codicil thereto to be signed and published by her in the
342    of and to be attested by the like number of Witnesses shall
343    direct or appoint and in default of such direction or
344    appointment and so far as any such direction or appointment
345    shall not extend upon trust for all and every her Child or
346    Children who being a Son or Sons shall attain the age
347    of Twenty one years or being a daughter or daughters
348    shall attain that age or be married to be divided between
349    them if more than one in equal shares as Tenants in
350    Common and if there shall be but one such Child then
351    the whole of the same shall be in trust for that one Child
352    provided always and I do hereby declare my Will and
353    mind to be that no Child of either of my said daughters taking
354    any part of any of the said trust funds under or by virtue of
355    any such appointment as aforesaid shall have or be
356    entitled to any share of the unappointed parts thereof
357    without bringing his or her appoint share into th[e ]other
358    pot and accounting for the same accordingly unless such
359    appointment shall contain an express direction to the
360    contrary and I direct the interest or dividends of the respective
361    shares of the same children to be applied for their
362    respective
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363    respective maintenance and Education during their respective
364    Minorities in such manner as my said trustees or trustee shall
365    think fit and in case my said daughters or other of them
366    shall die without having had any Child or in case the Child
367    if only one or all the Children if more than one of each
368    or either of my said daughters shall happen to die without
369    having become absolutely entitled to the said trust monies
370    under the trusts herein before declared then I direct that
371    the funds and securities the dividends interest and income
372    whereof is so give as aforesaid to my daughter or each of
373    my daughters so dying or whose issue shall so fail as aforesaid
374    shall be held upon trust for and be paid and transferred
375    unto and equally between all my Grand Children who
376    shall be living at the decease of my said daughters
377    respectively share and share alike and whereas by virtue
378    of the articles of agreement or settlement entered into
379    upon the Marriage of my said daughters Anna Guilhermina
380    and Felizarda Matilda my said two daughters will in-
381    crease amount of the legacies of five thousand pounds herein
382    before given to them become entitled to a further provision
383    or settlement from their respective husbands Now I do hereby
384    direct that such additional settlement be duly executed to
385    the satisfaction of my said Executors before or at the time
386    that such legacies shall respectively be paid and whereas
387    I have by my said will directed my said Executors to lay out
388    and invest in their names within one month after my
389    decease in Government securities in Great Britain so much
390    Money as will purchase the clear annual sum of one
391    hundred pounds and to stand possessed thereof in trust to
392    pay the interest or dividends arising from time to time
393    as and when the said shall become payable to my old
394    and faithful Maid Servant Isabella Brown for her life
395    Now I do hereby revoke the disposition thereby made
396    by me of the said Monies and in lieu thereof do hereby
397    direct my said Executors within one Month after my
398    decease to purchase with the Monies arising from my
399    personal Estate a Government Annuity of one hundred
400    pounds for the life of the said Isabella Brown and to
401    pay the same annuity to her or her assigns during her
402    natural life and I hereby ratify and confirm my said
403    Will in all respects except where the same hath been
404    altered or varied by this Codicil thereto In Witness
405    whereof I the said Richard Buller have to this Codicil
406    to my last Will and Testament and to a Duplicate thereof
407    each contained in six sheets of paper set my hand and
408    seal that is to say my hand to each of the five preceding
409    sheets and my  hand and seal to this sixth and last sheet
410    the twelfth day of November in the year of our Lord one
411    thousand eight hundred and twenty three. Richard Buller
412    Signed sealed published and declared by the said Richard
413    Buller as and for a Codicil to his last will and Testament in
414    the presence of us who in his presence at his request and in
415    the presence of each other have hereunto subscribed our
416    names as witnesses Tho[ma]s Haddon Angel Court Rich[ar]d Pemberton
417    Clerk to Mr Haddon
418    Proved at London with a Codicil 21st January 1824
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419    before the Worshipful John Daubeny Doctor of Laws and
420    Surrogate by the Oaths of Cornelius Buller Esquire and the
421    Rev. Arthur Buller Clerk the Sons two of the Executors
422    to whom admon was granted having been first sworn
423    duly to admin[iste]r power reserved to Charles Pole Esq[uie]r the other
424    Executor

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