Thursday, January 31, 2013

Will of Francis Buller of Shillingham - The National Archives PROB 11/445/264, probated 23 May 1698

The Francis-4 Buller will was a puzzle initially because I had a first page that didn't match the rest of the will. Working through the Visitation I realized that I was actually missing one of the Francis wills and at that time I also numbered the Frauncis Buller will as Francis-1 and it will be forthcoming after this one. I discovered the missing Francis Buller will in Cambridgeshire at Isleham. This was the will of the Father of  Francis-3. He outlived his son Francis-3 and his grandson Francis-4 (this testator) died just four years after his grandfather.

This set of five wills is giving me a complete picture of this family and I can eliminate all the sons in this family that did not survive to adulthood and the ones who did did not marry and leave heirs since the property passed to a brother of Francis-5 which will be the will I am downloading. Negative results are often as good as Positive results!

Francis-4 leaves the bulk of his property to his brother James who did not marry. I also have the will of James.

The next will is by Francis-1 and this is the will of Francis Buller who died in 1615 and he was also of Tregarrick and Shillingham and was married to Thomasine Williams. His son Francis (married to Sybill Nicholls) was Francis-2. Sir Richard Buller of Shillingham was the heir of Francis-1.

Transcriber: Elizabeth Kipp
Recorded: 30 Jan 2013
Source: The National Archives, PROB 11/445/264
Testator: Francis Buller
Place: Shillingham, Cornwall, England
Date of document: 26 Jan 1697, probated 23 May 1698
Read: Electronic copy images
Document quality: 17th century English, legible copy

[Margin]: T[esta]m[ent]
[Margin]: Franci[s]
[Margin]: Buller
[Margin]: ar
[Header]: This is the last will and Testament
[Header]: of me Francis Buller of Shillingham in the County of
[Header]: Cornwall Esq[uie]r

1    I give unto Sir Rushout
2    Cullen of Upton in the County of Warwick Barr[one]t
3    and unto John Buller of Morvall in the County of Cornwall Esq[uie]r
4    the sum[m]e of six hundred pounds To be paid them within six months
5    after my death Upon the trusts herein after mentioned that is to say
6    upon trust that they the said Sir Rushout Cullen and John Buller Esq[uie]r
7    and the Survivor of them and his Executors and Administrators shall
8    from time to time dureing the life of my sister Katherine Carent put
9    the said sum[m]e out upon interest To such person or persons and upon
10    such Securities as they and the Survivor of them and his Executors or
11    Administrators (haveing the assent of my said sister verifyed under
12    her hand) shall thinke fitt And that they my said Trustees shall dispose
13    of all the interest and product thereof as the same can be made and
14    received unto my said sister dureing her life To her sole and
15    separate use and disposall exclusive of her present and of any and
16    every hereafter taken husband And upon this farther trust that
17    in case my said sister shall leave any child or children at the time
18    of her death That then my said Trustees shall as soone as they
19    shall have a convenient opportunity by and with the approba[t]ion and
20    consent of my brother James Buller lay out the said sum[m]e of six
21    hundred pounds in the purchase of Lands or other hereditaments
22    which said Lands or other hereditaments when purchased I hereby
23    direct shall be settled To the use of such child or children of my said
25    sister and of the heyres of such child or children's body and bodyes
26    the remainder thereof unto my said brother James and his heyres
    [Page 2]
27    for ever to the use of him and his heyres But in case my
28    said sister shall happen to dye leaving noe child or children then
29    my will is that my said Trustees shall pay the said sum[m]e of Six hundred
30    pounds unto my said brother James his Executors or Adm[instrator]s
31    or Assignes the securityes which my said Trustees shall then have for
32    the said summe in case it be then out at interest Provided alwayes
33    and it is my true intent and meaning that my said Trustees nor
34    either of them nor the Executors or Administrators of either of them
35    shall be charged with or lyable to any loss that may happen of the
36    said sum[m]e or any parte thereof nor be compelled to answer for
37    any more thereof then shall come to theire respective hands And
38    also that they may out of the said summe of Six hundred pounds or the
39    interest thereof satisfye and reimburse unto him or themselves all
40    such charges damages and loses as they shall sustaine or be putt
41    unto in or about the performance of the trust herein and hereby as
42    reposed in them and that they shall be allowed the same out of
43    the same sum[m]me wherewith they are hereby intrusted Item I give
44    unto my sister Jane Adams the sum[m]e of One hundred pounds and
45    unto my sister Mary Cullen Fifty pounds unto my Aunt Margarett
46    Williams I give Fifty pounds and the like sum[m]e unto my Aunt
47    Sarah Harle To my Friend Salwey Wilington Esq[uir]e I give One
48    hundred pounds To my servant George Baily I give tenn pounds
49    To my servant John Hibbley I give tenn pounds To my Coachman
50    Joseph Morse Five pounds and unto my boy Thomas Robins
51    I give tenn pounds to binde him out an Apprentice to some trade
52    all other my goods chattells arrears of rent dues personall and
53    Testamentary estates interests whether in Lawe or Equity whether
54    in possession or action or of what nature and kinde soever the
55    same be I give and bequeath unto my said brother James
56    Buller whome I constitute sole Executor of this my last Will
57    and Testament Injoyning him to pay all my just debts and legacies
58    and also to make good all such leases as have bin sealed by me
59    since my comeing of age In Testimony that this is my last Will
60    and Testament I have hereunto this six and Twentieth day of
61    January 1697 sett my hand and seale Fran: Buller. Signed, sealed
62    declared and publisht by Francis Buller Esq[uie]r to be his last Will
63    and Testament the Six and Twentieth day of January 1697 in
64    presence of Fr: Pengelly Wm Asheindon George Bailly

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