I have mis-sorted this will as it actually belongs with the Westminster wills but since I have begun I shall carry on after all the last one that I did was for Butler instead of Buller! This one does rather interest me as it is probated in 1764 (one year after the projected birth of Christopher Buller my 3x great grandfather).
There is an affidavit attached to this will which accurately places this family into the Cornwall family. The Testator is an Uncle to Francis Buller of the Inner Court. I believe this to be Sir Francis Buller, Baronet Judge of the Court of Common Pleas. That would mean that this Francis is a son of John Francis Buller and certainly his sister Rebecca (his executrix) married Sir Charles Watson and was identified as Rebecca Watson, widow. An Elizabeth Buller is mentioned and this is perhaps his sister who married the Reverend John Sturgess, D.D. John Buller was the second son of John Francis Buller and he remained at Pelynt and many of his descendants were in the Military and the first Buller will is one of the grandsons of John Buller (Sir Edward Buller of Trenant Park). I rather believe this too does not lead me back to Christopher but does provide more details on the Buller family of Cornwall.
Transcriber: Elizabeth Kipp
Recorded: 13 Feb 2013
Source: The National Archives, PROB 11/903/207
Testator: Francis Buller, Esquire
Place: Westminster, Middlesex, England
Date of document: 30 Jun 1764, probated 19 Nov 1764
Read: Electronic copy images
Document quality: 18th century English, legible copy
[Margin]: Francis
[Margin]: Buller
1 The last Will of me
2 Francis Buller of Abingdon Street Westminster Esquire
3 Imprimis I Give to my Sister Watson and Brother John
4 Buller all my Manors Messuages Lands Tenements and Real
5 Estate of what Nature soever and also all my personal Estate
6 to hold to them their heirs Executors and Adm[inistrat]ors In Trust to Sell
7 and Dispose thereof and convert the whole into ready Money
8 and that they do thereout when and pay the Sums and Legacys
9 following Viz [a vi]t the Sum of Fifteen hundred pounds to her my said
10 Sister Watson the Sum of Two hundred pounds to him my said
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11 Brother John To the Rev Jos: Foot of Anthony One hundred
12 pounds To Mr James Coulthard Fifty pounds over and above w[ha]t
13 I may owe him To my Servant Susanna Mason Forty pounds To
14 my Servant Charity Youlin Twenty pounds and to my Servant
15 Daniel Ellis Twenty pounds to be paid at his Age of 21 and all
16 my Wearing Apparell I forgive Wm Ellis the one hundred
17 pounds he owes me on Note and the Interest I desire that the
18 twenty pounds Given by my late Dear Wife's Will to Wm Ellis
19 of [blank] Son of the said Wm Ellis may be paid I give the
20 Diamond Ring which I Generally Wear in Memory of my said
21 late Wife to her Neice Miss Gertrude Bampfylde And I
22 desire that the then residue after payment of my Debts and
23 Legacies and Funeral Expences be Equally Distributed between and
24 paid to or retained by her my said sister Watson and Brothers
25 John and William and Sister Elizabeth But the above bequest
26 to my Brother William is on Condition that he do relinquish and
27 release all such Right and Interest as he may have to or in
28 a certain Copyhold Lease at West Anthony and also pay or
29 allow to my Executors the Five hundred pounds he owes me and
30 my Will is that all my Debts not carrying Interest be paid within
31 3 Months next after my Death I Desire that my Funeral may be
32 as private as Decency will admit but I leave the same entirely
33 to the Discretion of my Executors And I do hereby appoint my said
34 Sister Watson and Brother John Executors of this my Will In
35 Witness whereof I have hereto set my hand this 30 Day of
36 June 1764 Francis Buller Signed and published by the s[ai]d
37 Francis Buller as and for his last Will in the presence of us
38 who in his presence and in the presence of each other have
39 hereto subscribed our Names as Witnesses, John Cowell, John
40 Shears, Charles Blore
41 M[emorandu]m this 30th June 1764 the Sum of three hundred
42 pounds was remitted me by Mr John Peke of Antony parish to
43 be applied on his account and the same stands placed to my Credit
44 in the Shop of Mess[ieur]s Backwell and Co Now I declare that the
45 said 300 li is Mr Pekes property and desire it may be paid or
46 applied as he shall Direct Frs: Buller Witness
47 James Coulthard
48 A Codicil to the Will of me Francis Buller Esq[uie]r
49 Whereas by my last Will bearing date on or about the
50 thirtieth Day of June last I have made my Brother John an
51 Executor and also Given him a Legacy and bequeathed part of my
52 Residuary Estate to him And Whereas he my said Brother and I as
53 co-exec[u]tors of our late Father have respectively received and paid
54 several Sums and possessed several parts in respect out and on
55 account of our said late Father's Estates the accounts of which have
56 not yet been Closed Now in order to remove all Disputes relating
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57 thereto And I being well Satisfied that I am not Indebted to my
58 said Brother on account of such Executorship I do hereby Will and
59 Direct that my said Brother John shall and Do before he be permitted
60 to prove my said Will or in any wise Intermeddle with my Executors on
61 one or more proper Deeds or Instruments effectually Release
62 and Discharge my Estate from all Claims and Demands which he
63 can (or may have) thereon for or on account of my receiving or
64 possessing or disposing of this my said late Father's Estate the Effects
65 or otherwise Intermedling therein And in case of his Neglect
66 or refusal for three Months after my Death so to do then I revoke
67 all Benefits intended him by my said Will and also the appointment
68 of him as an Executor and Direct that such benefits and bequests
69 Go to my older Residuary Legatees and that my Sister Watson do
70 remain Sole Executrix and Sole Trustee;
71 But on his Giving such Release and Discharge as aforesaid
72 Then I Will and Direct that he also releases and discharges from
73 all Demands which For my Estate may have on him on account of
74 his Receipts and payments touching the said Executorship or on any other account
75 It being my Intent and Meaning that the
76 accounts between him and me touching our respective receipts
77 and payments relating to such Executorship and all other accounts
78 up to the Day of my Death be Considered and taken as Settled and
79 Closed. But nevertheless I do not Mean that my Demands on the
80 outstanding of future Effects of my Said Father should be relinquished
81 And I give five pounds to the poor of the parish where I
82 Shall be Buried As to my Brother Buller I have tried
83 many Marks of affection and friendship from and I think my
84 self Greatly obliged to him on many Occasions But as a
85 Considerable advantage will accrue to him on my Death I therefore
86 hope he'll not be displeased at my not making any Bequest
87 in his Favour In Witness whereof I have hereto set my hand this
88 11 July 1764. F. Buller Signed and published by the said
89 Francis Buller as a Codicil to his Will in the presence of us
90 who in his presence and in the presence of each other have
91 hereto set our Names as Witnesses the Words other account
92 and the words (In all other accounts) having first interlined near the
93 bottom of the first side Thomas Wildman John Cowell John Shears
94 15th Nov 1764
95 Appeared personally Francis Buller of the Inner
96 Temple London Esq[uie]r and being Sworn on the holy Evangelists
97 made Oath that the well known Francis Buller late of the parish
98 of St Margaret Westminster in the County of Middlesex Esquire
99 Deceased he being the Deponents Uncle and the Deponent is well
100 acquainted with his the Deceased's manner and Character of hand
101 writing having often seen him write and having now carefully viewed
102 the Name Frs Buller Subscribed to the Codicil or paper
103 Writing hereto annexed beginning thus Mm this 30th
104 June, 1764 and ending thus as he shall Direct Saith
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105 that he Doth verily believe the said Name and Subscript,
106 Frs Buller to be of the proper hand Writing of the said Francis
107 Buller Esq[uie]r deceased, Fra[nci]s Buller same Day, the said Francis
108 Buller Esq[uie]r was duly Sworn to the Truth of this affidavit before me
109 Geo. Harris Surrogate present H. Stevens Jan Not Pub
110 This Will proved at London (with two Codicils) the
111 Nineteenth Day of November in the year of our Lord One thousand
112 Seven hundred and Sixty four before the Worshipful William Compton
113 Doctor of Laws Surrogate of the Right Worshipful George Hay also
114 Doctor of Laws Master Keeper or Commissary of the prerogative
115 Court of Canterbury lawfully constituted by the Oath of Rebecca
116 Watson Widow the Sister of the deceased and one of the Executors
117 named in the Will to whom Administration was Granted of all and
118 Singular the Goods Chattels and Credits of the said deceased She
119 having been first Sworn duly to Administer (power reserved of
120 making the like Grant to John Buller Esq[uie]r the Brother of the
121 said Deceased and other Executor named in the said Will and Second
122 Codicil when he Shall apply for the same) Agreeable to the Tenor of
123 the said Codicils
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