Francis Buller (testator) is my Francis-3 will and is the grandson of Sir Richard Buller (son of his son Francis) and one of the nephews named in the will of his uncle Francis Buller of Tregarricke. His father Francis is still living in 1678 according to the Visitation.
He names his father Francis Buller senior, Sir James Rushout, Sir Walter Moyle and John Herle as his executors. The two Codicils appended over the year after the original will is written are telling. At this time he has married a second time Mary Maynard (not yet twenty years of age) His first wife was the daughter of Sir James Rushout of Maynard's Green in Essex. By her he had the following children : Francis (eldest son), James (second eldest), Charles (third son not mentioned in his father's will), Catherine, Jane and Mary. Francis (the testator) according to the Visitation of Cornwall was baptized 16 July 1651 at St Stephen's by Saltash and thus was 27 years old when he wrote his will 5 Apr 1678 and 28 years of age when his will was probated 8 Jul 1679. James is known to have not married and Charles must not have either as the estates of Francis Buller (testator) passed to the Morval branch of the Buller family (John Buller of Morval being a brother to Francis Buller of Shillingham (father of the testator). This will was difficult to transcribe hence the many blanks. Eventually I will go back and try to fill them in but for the moment the gist of the will is there and I shall move on to the next one.
British History online helps to solve the language in this will and the following is pertinent as one works through the marriages (generally second marriages as land is concentrated into a family line):
http://www.british-history.ac.uk/report.aspx?compid=18928
Before his death in 1655 Sir John Maynard (fn. 96) in 1652 settled his Isleham estate on the marriage of his only son John, kt. 1660, (d. c. 1664), to Katherine Rushout. (fn. 97) In 1666 the widowed Dame Katherine Maynard was allotted c. 950 a. of fenland for the manorial rights in the waste. (fn. 98) Later that year, carefully reserving to her sole use the income of the Isleham estate, (fn. 99) whose lordships she retained formally until her death in 1694, (fn. 1) she married the Presbyterian politician Francis Buller (d. 1682), of Shillingham (Cornw.). Following his forfeiture in 1666 he took refuge with her. (fn. 2) By 1676 Dame Katherine had married her daughter Mary, the Maynard heiress, to Buller's eldest son Francis and settled the estate on them. (fn. 3) The younger Francis died, 1678–9. (fn. 4) Mary was successively remarried in 1682 to William Adams (d. s.p. by 1684) (fn. 5) and in 1686 to her mother's nephew, Sir Rushout Cullen, Bt. (fn. 6) Mary died in 1694, shortly before her mother with whom she dwelt at the Hall. (fn. 7) Sir Rushout retained the Isleham estate thenceforth until he died without issue in 1730. (fn. 8) The estate, whose reversion had been settled upon Mary's children by Francis Buller the younger, (fn. 9) two sons, both dead without issue by 1710, (fn. 10) next passed to John Francis Buller of Morval (Cornw.), grandson of John Buller (d. 1716), their father's uncle and heir-at-law. (fn. 11)
John Francis Buller, lord of Isleham from 1730 until his death in 1751, (fn. 12) was succeeded there in turn by his son James (d. 1765) (fn. 13) and by James's son John (d. 1793). That John's son John (fn. 14) offered the Isleham estate for sale in 1800. (fn. 15)
The value to me in doing these wills is determining that there were no other descendants of this family that could be the ancestors of my Christopher Buller in St Olave Southwark or St Mary Magdalen Bermondsey. All properties from this line descended to John Francis Buller of Morval and this line is well documented down into the time frame that I am looking at. Since I have Christopher's possible birth date of 1763 to use now that I have his death registration that has improved my chances of finding his parents.
Transcriber: Elizabeth Kipp
Recorded: 28 Jan 2013
Source: The National Archives, PROB 11/360/150
Testator: Francis Buller
Place: Tregarricke, Cornwall, England
Date of document: 15 Apr 1678, probated 8 Jul 1679
Read: Electronic copy images
Document quality: 17th century English, legible copy
[Margin]: Francise
[Margin]: Buller
1 In the name of God Amen
2 The Fifteenth day of Aprill, in the yeare of our Lord God one Thousand
3 Six hundred Seaventy and Eight I Francis Buller of Shillingham
4 in the County of Cornwall Esquier being (Blessed be God) of perfect
5 mind and memory and desirous to make some settlement of my
6 Personall Estate doe make my last will and Testament as followith First
7 I humbly recom[m]end my soule to the mercye of my Creatour and my Redeemer
8 And my Body to be buried privatly and decently as my Executor herein after
9 named shall direct And whereas I the said Francis Buller am possessed
10 of or interested in the Tythings lease and Mannor of St Stephens with
11 the appurtenances scituate lying and being in the parish of St Stephan by
12 Saltash in the County of Cornwall aforesaid for the now remainder of a
13 certaine terme of one and Twenty yeares by lease from the Deane and Chapter
14 of Windsor I doe heriby give and bequeath All my said Estate and Terme
15 of years in the said lease of St Stephens unto my Executors herein after
16 named In Trust that my said Executors and the Survivors of them and the
17 Executors and Administrators of such Survivor shall stand and be possessed
18 of the Lease aforisaid and of the Tythingslease and Mannor aforesaid for
19 the Remainder of the said Terme of one and Twenty years In Trust to and
20 for the sole benefitt of every person and persons respectively who shall be
21 seized of the Freehold of all other my Lordshipps, Manors, Lands Tenements
22 and hereditaments in the said County of Cornwall by force of one Indenture
23 bearing date the Twentieth day of September one Thousand Six hundred Seaventy
25 and Six in the Twenty seaventh yeare of the Reign of the King that now is made
26 betweene me the said Francis Buller of the one part Sir James Rushout of
27 Maynard's Green in the County of Essex Baronet Sir Walter Moyle of Bake
28 in the said County of Cornwall Knight and John Herle of the Middle Temple
29 London Esquier of the other parte Alsoe whereas their is now due to mee
30 Five Thousand pounds of lawfull money of England in right of my wife Mary
31 daughter of Sir John Maynard Late of Tooting Graveney in the County of Surrey
32 knight
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33 Knight By force of one Indenture Tripartite made or intended to be
34 made the Two and Twentieth day of October in the yeare of our Lord Bless one
35 Thousand Six hundred Fifty and Two Betweene Sir John Maynard of Tooting
36 Graveney in the County of Surrey Knight of the honourable order of the Bath
37 and Dame Mary his wife And Charles Maynard of Walthamstow in the County
38 of Essex Esquier Brother of the said Sir John Maynard of the First part And
39 the said Sir John Maynard by the name of John Maynard of Tooting Graveney
40 aforesaid Esquire onely sonne and heir apparent of the said Sir John Maynard
41 and Dame Mary and Katherin Rushout Second daughter of John Rushout of
42 London Merchant of the Second part And the said John Rushout Sir Abraham
43 Cullen by the name of Aberham Cullen the younger of London merchant and
44 and Sir John Lawrence by the name of John Lawrence the younger of London
45 Merchant and John Pascoe the younger alsoe of London Merchant of the
46 third part Now I give and bequeath the said Five Thousand pounds soe
47 due as aforesaid unto my Second son James Buller To be paid to him at such
48 time as he shall attaine the age of one and Twenty And in case he shall dye
49 before such age attained Then I give the said Five Thousand pounds unto
50 my Eldest sonne Francis Buller And if he alsoe happen to dye before he
51 attaine the age of one and Twenty yeares Then I give the said Five Thousand
52 pounds To any other Eldest sone that shall survive my second sonne James
53 and attaine the age of one and Twenty And in case all my sons shall happen
54 to dye before they or any of them attaine the age of one and Twenty as aforesaid
55 Then I give and bequeath the said Five Thousand pounds unto any eldest
56 daughter which shall survive her brothers The said Five Thousand pounds
57 to be paid to such Eldest daughter att her day of Marriage or age of one and
58 Twenty which shall first happen And in case all my sons shall happen to
59 dye before such age of one and Twenty attained as aforesaid And in case any
60 daughters alsoe dye before marriage or the age of Twenty one attained aforesaid
61 Then I give and bequeath the said Five Thousand pounds to my wife I alsoe
62 give and bequeath unto my said wife Two hundred pounds for mourning
63 And all the furniture and plate belonging to her Chamber I alsoe give her
64 The Choyce of as much of my other Plate as shall amount to the value of Fifty
65 pounds and my Coach and Coach horses Item I give unto the Lady
66 Maynard Twenty pounds for mourning Item I give unto my brother Richard
67 Fifty pounds Item I give to my sister Margaritt Fifty pounds Item I give
68 to my Brother John Fifty pounds Item I give to my sister Sarah Fifty
69 pounds Item I give to Mr Roger Peachey Tenn pounds Item I give unto my
70 faithfull servant John Wipple Thirty pounds Item I give to the poore of the
71 parish of St Stephens in Cornwall aforesaid Five pounds Item I give
72 to the poore of the parish of Isleham Five pounds And whereas by Indenture
73 dated the Twentieth day of September one Thousand Six Hundred Seaventy and
74 Six I have conveyed the Lordship of Street Marshall with the Appurtenances
75 in the County of Mountgomery and Dominion of Essex to the said Sir James
76 Rushout Sir Walter Moyle and John Herle in Trust to be sold for the payment
77 of all my Just debts Now I desire The said Lordship may be sold with all conve-
78 nient speed And that my Trustees and Executor would in the meane time out
79 of my personall Estate first pay and satisfie such Creditors as have now reall
80 security And that such this Creditors as have Mortgages may have their interest
81 duly and faithfully paid till Land bee sold and the principall discharged It is alsoe
82 my will and desire That the First Five hundred pounds which shall be raised
83 out of my Estate for debts and Legacies and my brothers and sisters portions
84 are paid should be employed by my Trustees for the Redemption of Christian
85 Captives
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86 Captives Alsoe I give unto my Executor here after named Thirty peices
87 of Gold to each of them All the residue of my personall Estate not before
88 disposed I doe hereby give and bequeath unto my said Executors in Trust that
89 of such survivor shall pay dispose convey and assign All the residue of my
90 said personall Estate not before disposed unto such person and persons respec-
91 tively to whome my said Manors Lands Tenements and hereditaments in the said
92 County of Cornwall shall descend and come according to and by vertue of the
93 limitted intent in the First recited Indenture contayned And Lastly I doe
94 hereby Constitute and appoint Francis Buller Esquier my Father Sir James Rushout
95 Sir Walt: Moyle and John Herle aforesaid To be Executors of this my last will
96 and Testament in Trust as aforesaid and upon speciall confidence That they will
97 performe the trust hereby in them reposed In witnes whereof I have hereunto
98 sett my hand and seale the Fifteenth day of Aprill in the yeare of our Lord
99 Christ One Thousand Six hundred Seventy and Eight Fs: Buller Signed
100 Sealed published and declared to be the last will and testament of Francis Buller
101 Esquier in presence of William Wyborough Will: Faulk Joan Wetherley
102 Jo[h]n Hill
103 Whereas I Francis Buller the younger of Shillingham in the County
104 of Cornwall Esquier in and by my last will and Testament in writing bearing
105 date on or about the Fifteenth day of Aprill one Thousand Six hundred Seventy
and Eight
106 and Eight Did amongst other things devise unto my sonne James Buller and the
107 other persons after his decease therein mentioned in such manner as is therein
108 expressed The summes of Five Thousand pounds out of my wives Estate in such
109 manner as is therein mentioned and lymitted I doe nevertheless hereby
110 Expressly declare my will mind and meaning to be That if my said wife shall
111 within Three moneths after she shall attain being of one and Twenty yeares
112 By will and other good and sufficient conveyance and assurance in the Lawe
113 grant convey settle and assure unto and upon Francis Buller my Eldest sonne
114 and the heires males of his body the Mannor or Lordship of Islehame cum
115 Bernard And all other the Mannors Messuages Lands Tenements and heredita
116 ments whatsoever late of Sir John Maynard and now of my said dear wife
117 in Isleham or elsewhere in the County of Cambridge and in the County of Suffolk
118 And all and singular the messuages Lands Tenements Farmes and hereditaments
119 to the said Mannor and premisses belonging or in any wise appertayning or
120 to or with the same or any part of parcell thereof devised used leased
121 occupied or enjoyed or accepted reputed to be or known as part parcell or
122 member thereof or the Mannor or Lordshipp Capitall Messuage lands ten-
123 ements and hereditaments whatsoever late of the sayd Sir John Maynard and now
124 of her my said deare wife in Tooting Graveney or elsewhere in the County of
125 Surrey And all and singuler the messuages lands Tenements Farmes and
126 hereditaments to the said mannor and premisses belonging or in any wise
127 appertayning or to or with the same or any part or parcell thereof devised
128 used leased occupied as enjoyed as accepted reputed to bee or known as part
129 parcell or number thereof And for default of such issue if my said wife shall
130 in like manner settle and assure the aforesaid Mannor or Lordshipp of Isleham
131 cum Bernard with its rights, members and appurten[an]ces and all other the premisses
132 aforesaid in the Counties of Cambridge and Suffolk or else the Mannor of
133 Tooting Graveney with its Rights members and appurten[an]ces and all other the
134 premisses aforesaid in the said County of Surrey unto and upon James Buller
135 my second sonne and the heires males of his body And for default of such issue
136 in
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137 In case my said wife shall be Enseint as with child of mine att the time
138 of my decease which afterwards be borne Then if she my said wife shall
139 in like manner settle and assure the aforesaid mannors or Lordshipp of
140 Isleham cum Bernard profitts rights members and appurtenances and all other
141 the premisses aforesaid in the Countys of Cambridge and Suffolk or else the
142 the Mannor of Tooting Graveney with its Rights members and appurtenances said
143 or other the premisses aforesaid in the said County of Surrey to and upon such
144 a newborn sonne and the heires males of his body according both ____
145 and _____ hereof in manner herein before expressed That then and from
146 thenceforth from and after such settlement duly made as aforesaid The said
147 devise and Legacie of Five Thousand pounds given to my said sonne James and
148 the other persons mentioned in my said will shall cease determing and be utterly
149 void anything in my said said will contained to the contrary ______ standing
150 And I doe nevertheless hereby further expresse and desire my will and meaning
151 to be clear my said sonne James Buller shall have and receive the summe of Two
152 Thousand pounds out of my Reall and personall Estate In case such settlement
153 shall be duly made as aforesaid and not otherwise To be paid unto him by my
154 Executor in Trust mentioned in the said will when and ____ as he shall attain
155 the age of one and Twenty years And I doe hereby declare That my said Estate
156 shall be charged and chargeable there with and subject to the payment thereof
157 And in Case my said sonne James shall happen to dye before he attaine his said
158 age of one and Twenty yeares Then this devise to be void And I doe further
159 declare that these presents shall be a Codicill of my last will and Testament
160 and it now shall be taken as part thereof And that all giuft devises legacies and
161 bequests in my said will by me devised and bequeathed shall stand in full force
162 according to the true intent and meaning thereof (the said Legacie and bequest
163 of Five Thousand pounds therein given to my said sonne James and the other
164 persons as aforesaid therein named onely excepted) And I doe hereby further give
165 devise and bequeath unto all and every of my servants that attend me in the
166 present suffers or shall attend me att the time of my decease a full years pays
167 which I do hereby declare and it is my full intent and meaning That it shall be
168 paid to them and every of them by my Executors in Trust mentioned in my
169 will In witnes whereof I have hereunto put my hand and seale this First
170 day of May in the yeare of our Lord Christ one Thousand Six hundred and
171 Seaventy and Eight And whereas by my marriage with my wife Mary
172 Buller the sole daughter and heire of Sir John Maynard of Tooting Graveney
173 deceased There was att my marriage with my said wife Mary Buller due
174 unto me the summe of Five Thousand pounds for her Marriage portion which
175 was settled upon her by her Grandfather and Father Now I declare it to be
176 my will That in case my said wife shall happen to dye before she be of the
177 Age of one and Twenty years or after she shall happen to be of the age of one
178 and Twenty And that the children she hath or shall have by me shall happen
179 to dye before they either or any of them be of the age of one and Twenty or that
180 it shall happen my wife shall have noe Children by any other husband or
181 husbands That shall live to be of the Age of one and Twenty years That then
182 in such case onely It is my will That the said summ of Five Thousand pounds
183 due to me for my wifes said portion after her death at the decease of the Children
184 That she now hath or may have at any time during her life by me or any
185 other husband or husbands as aforesaid dyeing before they come to be of the age of
186 One and Twenty years without issue shall be paid to such person and persons as
187 shall severally and respectively be entitled unto the Freehold and ______
188 of my Lordshipps mannors Bartons Farmes and Demesne with their and every
189 of
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190 of their Rights members and appurtenances being in the Kingdome of England
191 By vertue of any Deed or Deeds made by me the said Francis Buller as by vertue of
192 my last will and Testament made by me the said Francis Buller bearing date of
193 or about the Fifteenth day of Aprill one Thousand Six hundred Seventy and
194 Eight And whereas the Terme Interest and Estate of my Father in ____
195 mannors and lands in Isleham and else where in the County of Cambridge and
196 Suffolke or one of them hath by one or more assignement or assignements thereof
197 made and executed borne sett over and transferred to me as to some person
198 or persons in Trust for me I doe hereby declare my mind and will to be that
199 the said mannors and lands in the said Countyes of Cambridge and Suffolk
200 shall not go to my Executor or be lyable to any Trust or Trusts in my will
201 But that the same shall be held and enjoyed by my Father and such person and
202 persons as would have stood entitled to the same if such Assignment or
203 Assignments and not _____ ___ And I doe further declare that these
204 presents shall be a Codicell of my last will and Testament and is and shall
205 be taken as part thereof In witnes whereof I have hereunto put my hand
206 and seale this First day of May in the yeare of our Lord Christ one Thousand Six
207 hundred Seaventy and Eight Fs: Buller Sealed published and declared
208 by the said Francis Buller the younger as a Codicell of his last will and Testa-
209 ment in the present of John Herle Tho: Percival Joan Wetherley
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