Thursday, March 21, 2013

Will of William Buller, Malster, Stratford upon Avon, Warwickshire - The National Archives PROB 11/1681/109, probated 4 Feb 1824

William Buller, malster at Stratford upon Avon, is the testator and he is married to Elizabeth. There are a couple of possibilities for his birth in the LDS 1745 at West Hatch Somerset (son of William and Jane Buller), 1753 at Poulton le Fylde, Lancashire (son of William Buller), 1757 at Banbury, Oxford (son of William and Ann Buller), and 1759 at Bodmin Cornwall (son of William and Mary Buller).

Clifford Chambers is two miles south of Stratford upon Avon and fourteen miles NNW of Long Compton. Is William Buller related to the Buller family of Compton. By the will of Richard-5 of Long Compton (and the Halford Estate papers) the family no longer retained their property at Halford. The family of Richard was quite large including children: Richard, William, John, Robert, Elizabeth Jefferis and Anne Joiner. Both daughters are married and Anne may be deceased.

His daughter Mary Ann married John Smith. His daughter Elizabeth is married to Daniel Morse. Possibly the marriage of his son William was 1 Nov 1825 to Jane Gibbs at Stratford Upon Avon (his wife is known to be Jane). Baptism for their son William 19 Jul 1826 at Stratford Upon Avon. William was likely born circa 1796 and he was buried at Stratford Upon Avon 4 Dec 1852. They appear to have had a large family: William, Mary, Elizabeth, Thomas, Frederick, Edward and Ellen. His daughter Letitia Buller married John Court 7 Nov 1825 at Stratford Upon Avon (Family Search M00913-7).

Related to my Christopher Buller? Completely unknown plus he isn't living that close to Birmingham where my known Buller family lived in the mid 1800s to early 1900s. Birmingham is 22 miles NNW of Stratford upon Avon. No ideas really on the pedigree of this particular Buller family. There is a family pedigree chart at the Archives in Stratford upon Avon and I have written to enquire about purchasing an image of the Pedigree Chart.

Transcriber: Elizabeth Kipp
Recorded: 16 Mar 2013
Source: The National Archives, PROB 11/1681/109
Testator: William Buller, Malster
Place: Stratford upon Avon, Warwickshire
Date of document 9 Aug 1823, probated 4 Feb 1824
Read: Electronic copy images
Document quality: 19th century English, legible copy

[Margin]: William
 [Margin]: Buller
[Margin]: 21

1    In the Name of God Amen
2    I William Buller of the Borough of Stratford upon Avon in the
3    County of Warwick Maltster do make and publish this as and for my
4    last Will and Testament in manner following that is to say I give
5    and bequeath unto my Son William Buller All the Stock Crops
6    Implements of husbandry and other Effects which shall at my decease
7    be growing standing and being or belonging to the Messuage Farm and
    [Page 2]
8    Lands at Clifford Chambers in the County of Gloucester now in my occupation
9    And also all my Stock of Malt and Effects appertaining and belonging to
10    my business as a Maltster and which at my decease may be found in
11    the Malthouse now in my Occupation in Winsor Street in Stratford upon
12    Avon aforesaid And also all my Estate Term Right and Interest in and to
13    the said Farm and Malthouse respectively To hold the said Stock
14    Crops Implements of husbandry Malt and other Effects hereinbefore
15    mentioned unto my said Son William Buller his Executors Administrators
16    and Assigns as and for his and their own Goods and Chattels for ever And
17    to hold the said Farm and Malthouse unto my said Son William Buller
18    his Executors Administrators and Assigns for all the Term Estate Right
19    and Interest I may have therein at the time of my decease Subject to
20    the payment of such Rent Levies and Taxes as shall or may be due
21    and owing from me in respect of such Farm and Malthouse at the
22    time of my decease Also I give devise and bequeath unto my Wife
23    Elizabeth Buller and her Assigns all those my six Messuages Cottages
24    or Tenements Gardens Buildings Land and premises to the same respectively
25    belonging situate in Cliffords Chambers aforesaid for and during the term of
26    her natural life and from and after her decease I give and devise the said
27    six Messuages, Cottages or Tenements Gardens Buildings Land and premises
28    unto my said Son William Buller his heirs and Assigns for ever Subject and
30    chargeable nevertheless to and with the payment of the Sum of one hundred
31    pounds to my daughter Letitia Buller her Executors Administrators and
32    Assigns to whom I give and bequeath the same accordingly and direct
33    the same to be paid and become payable to my said daughter her Executors
34    Administrators or Assigns within three Months next after the decease of my
35    said wife Also I give devise and bequeath unto my said Wife and her
36    Assigns All those my six other Messuages or Tenements Gardens Buildings
37    and premises to the same respectively belonging situate in the said Borough
38    of Stratford upon Avon at a place there called the Waterside for and during
39    the Term of her natural Life And after the decease of my said Wife I give
40    devise and bequeath the said last mentioned Messuages or Tenements
41    Gardens and Premises unto my said Son William Buller his Executors
42    Administrators or Assigns shall and to receive the Rents Issues and profits
43    of the said last mentioned messuages or Tenements Gardens and premises
44    during the natural life of my daughter Mary Ann Smith the Wife of John
45    Smith of Clifford Chambers aforesaid Taylor and do and shall pay apply and
46    dispose of the same Rents Issues and Profits from time to time as and
47    when the same shall be so received into the proper hands of my said
48    daughter Mary Ann Smith or otherwise to permit and suffer her m y said
49    daughter to receive the same to and for her own sole and separate use and
50    and benefit to the Intent that the same may not be at the disposal of
51    or liable to the Control debts or Engagements of her present or any after
52    taken husband but only at her own sole and separate use and disposal
53    whose Receipts under her hands shall from time to time notwithstanding
54    her Coverture be a sufficient discharge for the same And from and after the
55    decease of my said daughter Mary Ann Smith I give and devise the said
56    Messuages Cottages or Tenements Gardens hereditaments and premises
57    unto the Children of my said daughter Mary Ann Smith their heirs
58    and Assigns for ever as Tenants in Common and not as joint Tenants Also
59    I give and bequeath unto my said Son William Buller his Executors
60    Administrators and Assigns All those my three leasehold Messuages or
61    Tenements Garden and premises to the same respectively belonging situate
62    lying and being in the Borough of Stratford upon Avon aforesaid in a place
63    there called the Rother Market and which I hold by lease under the s[ai]d
64    Corporation of Stratford upon Avon aforesaid To hold unto my said Son
    [Page 3]
65    William Buller his Executors Administrators and Assigns for all the
66    Term Estate Rights and Interest as I may have therein at the time of
67    my decease upon trust that he my said Son his Executors Administrators or
68    Assigns shall and do receive the Rents Issues and profits of the same
69    Messuages or Tenements Garden and premises for and during the remainder
70    of the said Term and do and shall pay apply and dispose of the same
71    Rents Issues and profits from time to time as and when the same shall be
72    received unto the proper hands of my daughter Elizabeth Morse the wife
73    of Daniel Morse of Stratford upon Avon aforesaid Cordwainer or otherwise to
74    permit and suffer her my said daughter to receive the same to and for her
75    own sole and separate use and benefit to the intent that the same may not
76    be at the disposal of or subject or liable to the Control debts or
77    Engagements of her present or any after taken husband but only at her
78    own sole and separate use and disposal whose Receipts under her hand
79    shall from time to time notwithstanding her Coverture be a sufficient
80    discharge for the same And from and after the decease of my said daughter
81    Elizabeth Morse in case any part of the same term shall there remain
82    unexpired in the said three Messuages and premises Then upon Trust
83    that he my said Son William Buller his Executors Administrators or
84    Assigns shall and do receive the Rents Issues and profits of the same
85    premises during so much of the said term term as shall be then to come
86    and unexpired and pay and apply and dispose of the same Rents Issues
87    and profits from time to time as and when the same shall be received
88    in the Maintenance Education and bringing up of such of the Children of
89    my said daughter Elizabeth Morse as shall be living at the time of her
90    decease in such manner as he my said Son William Buller his
91    Executors Administrators or Assigns shall in his and their discretion
92    think proper Also I give and bequeath unto my said daughter Elizabeth
93    Morse the use of all the household Goods and and Effects belonging
94    to me and which I have entrusted her and her said husband with
95    the care of and now being in the house and premises in which they
96    now reside and after her decease I give and bequeath the same
97    household Goods and Effects unto such of her Children as shall be living
98    at the time of her decease equally between and among them Also I give
99    devise and bequeath unto my said Wife and her Assigns for and during the
100    Term of her natural life All that my Messuage or Tenement Garden
101    Buildings and premises situate and being in the Borough of Stratford
102    upon Avon aforesaid in a certain Street there called the Wood Street
103    and now in my own occupation and from and after the decease of my said
104    Wife I give and devise the same Messuage or Tenement Garden Buildings
105    and premises unto my said daughter Letitia Buller her heirs and Assigns
106    for all such Term Estate Right and Interest as I may have therein
107    or which may remain unexpired at the decease of my said Wife Also I
108    give and bequeath unto my said Wife the use of all my household Goods
109    plate Linen and China of what nature or kind soever the same may
110    be or consist of now being in or upon my said last mentioned Messuage
111    and premises for and during the Term of her natural life and from and
112    after her decease I give and bequeath the said household Goods plate
113    Linen and China unto my daughter Letitia Buller her Executors Adm[inistrato]rs
114    and Assigns and for her and their own Goods and Chattels for ever save
115    and except two Feather Beds part of my said household Effects which
116    I give and bequeath unto my said Son William Buller with the priviledge
117    of making therein of the same Also I give devise and bequeath unto my
118    said Son and Daughter William Buller and Letitia Buller their heirs
119    and Assigns for ever as Tenants in Common All that my pew being in the
120    Gallery of the Parish Church of Stratford upon Avon aforesaid giving saving
121    and reserving unto my said daughters Mary Ann Smith and Elizabeth Morse
    [Page 4]
122    the priviledge or right of sitting in the said pew at any time during the Time
123    of their respective natural lives All the Rest and Residue of my Monies
124    Securities for Money Goods Chattels real and personal Estate whatsoever and
125    wheresoever situate not hereinbefore specifically given and disposed of subject to
126    the payment of my just debts Funeral Expences and the Expence of proving
127    this my Will I give devise and bequeath unto my said Wife Elizabeth
128    Buller her heirs Executors Administrators and Assigns for ever And my
129    Will is that my said Trustee and Executrix and Executor and the
130    Survivor of them and the Executors and Administrators of such Survivor
131    shall and may at all times in the first place deduct and reimburse him her
132    and themselves respectively out of the said Trust provided respectively all
133    such Costs Charges damages and Expences as they or either of them shall
134    or may at any time expend lay out and be put unto for or by reason or
135    means of all or any or either of the said Trusts hereby in them reposed
136    and that neither of them shall be answerable for any loss which may
137    happen to any of the said Trust premises unless such loss happen through
138    his her or their wilful neglect or default nor the one for the other or others
139    of them nor for more Monies than shall actually come to each of their
140    hands respectively but each and every of them for his her or their own
141    Acts Deeds Receipts Neglects and defaults only nor for any loss which shall
142    or may happen by occasion of depositing any Money in the hands keeping
143    or Custody of any public or common Banker And lastly I do hereby make
144    ordain nominate constitute and appoint my said Wife Elizabeth Buller and
145    my said Son William Buller Executrix and Executor of this my last Will
146    and Testament hereby revoking and making void all former and other Will and
147    Wills at any time heretofore by me made and declare this only to be my last
148    Will and Testament In Witness whereof I have at the bottom of the first
149    four Sheets of this my Will the whereof is contained in five Sheets of paper
150    subscribed my Name and to this fifth and last Sheet my hand and Seal
151    this ninth day of August in the year of our Lord One thousand eight hundred
152    and twenty three William Buller Signed sealed published and declared
153    by the above named William Buller as and for his last Will and Testament
154    in the presence of us who at his request in his presence and in the presence
155    of each other have subscribed our Names as Witnesses thereto William Horton
156    Jun[io]r Cha[rle]s Cresswell Tho[ma]s Cresswell
157    Proved at London 4th February 1824 before the Judge by the oaths of
158    Elizabeth Buller Widow the Relict and William Buller the Son the Ex[ecut]ors
159    to whom Adm[inistrati]on was granted having been first sworn by Com[missi]on duly to administer

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