James Buller (the testator) is the son of James Buller and Husey Gould. His father's will was blogged two days ago and his mother's yesterday. His father died 11 Feb 1772 and his mother 1768 so that this James was orphaned at the age of six years and his brother was 5 years of age. No ideas on where they lived but the trustees appointed to look after them and be their guardians were Sir John Chichester and John Parker. I suspect that John Parker is perhaps related to James (the father of the present testator). His great aunt Ann (sister to John Buller of Morval) was married to George Parker and Ann had served as an executor for her father's will.
James Buller (testator) married his cousin Anne the daughter of William Buller Bishop of Exeter and they were married 6 Jun 1791. James was an MP for Exter. They had a very large family with just the one son James Wentworth Buller also MP for Exeter and North Devon. Since he has died after 1858 his will is not in the PCC group. He married Charlotte Juliana Jane the third daughter of Lord Henry Molyneux Howard and niece of the 12th Duke of Norfolk, K.G., and they were married 5 October 1831 from the Visitation. They had a large family which included seven sons and four daughters including Lt Col Redvers H Buller.
James Buller (testator) and his wife Anne also had nine daughters although only seven are mentioned in the will. As mentioned in the will, Hester Eleanor married the Reverend H. Strangways. Other daughters include Elizabeth, Caroline, Georgiana, Anne, and Emma Husey who are not listed as marrying on the Visitation. Three other daughters did marry: Francis Susanna married the Reverend William Molesworth, Rector of St Breock, Louisa married the Venerable William John Phillpotts, Archdeacon of Cornwall and Susanna Catherine married the Reverend William Heberden, Vicar of Broadhembury, Devon.
James also mentioned his nephew Thomas Wentworth Buller who was also one of his executors. Thomas was the son of his brother William Buller of Whimple who had married Caroline Buller the only daughter of John Buller of Bake and they were married 18 May 1791. They also had a large family which included the son already mentioned and two daughters: Elizabeth Caroline married Sir Gregory Allnutt Lewin, QC, and Henrietta married John Divett according to the Visitation. Thomas Wentworth Buller, Commander RN was one of the Tythe Commissioners for England and Wales and he married Anne daughter of Edward Divett Esquire of bystock, Devon. They had one son and four daughters: Cecil Henrietta married Montague Bere of Morebath, Devon, Catherine married Major Hughes, Punjaub Calvary, Gertrude Caroline and Edith Anne did not marry according to the Visitation. Their son William Wentworth Buller of Strete Raleigh, Devon, JP.
There are three wills left for Devon which include the wills of Mary Buller of Honiton widow of William Buller, Surgeon, the will of William Buller, Surgeon and the will of William Buller of Exeter probated 1813. These wills could prove to be interesting looking at my lines as they do not appear to be on the Visitation. However, they are after the birth of Christopher circa 1763.
Transcriber: Elizabeth Kipp
Recorded: 9 Feb 2013
Source: The National Archives, PROB 11/1731/161
Testator: James Buller, Esquire
Place: Downes, Devon, England
Date of document: 1 Feb 1823, probated 10 Oct 1827
Read: Electronic copy images
Document quality: 19th century English, legible copy
[Margin]: James
[Margin]: Buller
[Margin]: Esquire
[Margin]: 60
1 In the Name of God Amen I
2 James Buller of Downes in the County of Devon Esquire do make this
3 my last Will and testament in manner following (that is to say) I humbly
4 commit my Soul to the mercy of Almighty god my Creator and Redeemer
5 I direct that my body be decently and privately interred after Seven
6 days from my decease have expired in the Church of Saint Thomas
7 the Apostle near Exeter And Whereas by the Settlement made upon my
8 marriage with my dear Wife Anne Buller bearing date the third
9 day of June One thousand Seven hundred and ninety one and made
10 between me the said James Buller of the first part The Reverend William
11 Buller Doctor in Divinity afterwards Bishop of Exeter and Anne his Wife
12 of the second part Anne Buller my present Wife by the description of Anne
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13 Anne Buller the Younger Spinster Eldest daughter of the said William
14 Buller and Anne his Wife of the third part The Right Honorable Frederick
15 Thomas Earl of Stafford and Sir John Chichester Baronet of the fourth
16 part and Sir William Lemon Baronet my late Brother William
17 Buller Esquire and John Buller the Younger of Morval in the
18 County of Cornwall Esquire of the Fifth part divers Manors
19 Messuages Farms Lands and hereditaments therein particularly
20 described Situate in the said County of Cornwall was granted
21 and released unto the said Frederick Thomas Earl of Stafford and
22 Sir John Chichester and their heirs to the use intent and purpose
23 from and after my decease that if my said Wife should happen
24 to survive me and Lady Jane Buller therein named (who is
25 here said) she my said Wife should have receive and take
26 during the term of her natural life by and out of the rents issues and
27 Profits of the said hereditaments and premises one Annuity or
28 Yearly rent Charge of Five hundred pounds by quarterly payments
29 clear of all deductions whatsoever with such Powers of distress
30 and entry on nonpayment thereof as therein mentioned and
31 subject thereto to the use of the said Frederick Thomas Earl of
32 Stafford and Sir John Chichester their Executors Administrators
33 and Assigns for the term of One hundred Years Upon the trusts
34 therein after expressed for his better raising and paying the same
35 Annuity And from and after the expiration or sooner determination
36 of the said term of One hundred Years to the use of the said Sir
37 William Lemon William Buller and John Buller their Executors
38 Administrators and Assigns for the term of Five hundred Years
39 Upon trust to raise by the ways and means therein expressed the
40 several Sums therein and herein after mentioned for the portion
41 and portions of the Younger Children of the said intended marriage
42 namely If there should be but one such Child the Sum of Six
43 thousand pounds If two such Younger Children the Sum of Eight
44 thousand pounds and if three or more such Younger Children
45 the Sum of ten thousand pounds to be paid in such manner at
46 such time and times with such right of Survivorship and with
47 such Interest in the mean time until the same should become
48 Payable and with under and Subject to such powers provisoes
49 restrictions and declarations as therein expressed And from and
50 after the expiration or sooner determination of the said term of
51 Five hundred Years and in the mean time Subject thereto and
52 to the trust thereof and Charges and Chargeable as aforesaid to the
53 use of me the said James Buller my heirs and Assigns for ever
54 And whereas it is my desire to make some considerable addition
55 to the said Annutiy of Five hundred pounds limitted for the
56 benefit of my said Wife for her life by way of Jointure in and by
57 any said marriage Settlement and in as much as I have eight
58 daughters besides our only Son it becomes necessary for me to
59 make a further Provision for them in addition to the said Sum
60 of ten thousand pounds directed by the said Settlement to be raised
61 for their benefit by virtue of the said term of Five hundred Years
62 created for that purpose as aforesaid Now I do hereby give and
63 bequeath unto my said Wife Anne Buller and her Assigns for
64 and during the term of her natural life One Annuity or Yearly
64 Sum of Seven hundred pounds free and clear of and from all
66 deductions and outgoings whatsoever by quarterly payments
67 at Lady day Midsummer Michaelmas and Christmas in every
68 Year the first payment thereof to begin and be made on such of
69 the said days as shall first happen next after my decease the said Annuity
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70 Annuity of Seven hundred pounds to be in addition to the said
71 Annuity of Five hundred Pounds provided for my said Wife by the
72 said Settlement and making together with the said Sum of Five
73 hundred Pounds the Sum of twelve hundred Pounds And I do
74 hereby Subject and Charge all and Singular the Manors Messuages
75 Farms Lands and hereditaments comprized in and granted by my
76 said marriage Settlement to and with the Payment of the said
77 additional Annuity of Seven hundred Pounds unto my said Wife
78 and her Assigns during her life accordingly. And I do hereby authorize
79 and empower my said Wife and her Assigns during her life to have
80 receive and take the said Annuity of Seven hundred Pounds by and
81 out of the rents issues and Profits of the said Manors Messuages Farms
82 lands and hereditaments by such and the same ways and means
83 and with such and the same powers of distress and entry on non-
84 payment thereof and all such other powers and authorities as are
85 given to my said Wife and her Assigns by my said Settlement for
86 receiving taking and enforcing the Payment of the said Annuity
87 of Five hundred pounds thereby limitted to her as aforesaid And I do
88 also authorize and empower the said trustees of the said term of One
89 hundred Years their Executors and Administrators to make use of
90 and exercise the same term for the better levying and raising the
91 said additional Annuity of Seven hundred pounds upon nonpayment
92 thereof in such and the same manner in all respects whatsoever
93 as they are authorized to do by my said Settlement for levying and
94 raising the said Annuity of Five hundred pounds as hereinbefore
95 mentioned Also I give and bequeath unto or for the benefit of
96 my daughters and Younger Children the Sum of Seventeen thousand
97 Pounds in addition to the Sum of ten thousand pounds directed
98 in and by my said marriage Settlement to be raised and paid
99 for the portions of any three of more of the daughters or Younger
100 Children of my said marriage equally to be divided amongst
101 them share and share alike To be paid at such and the same
102 time and times with such and the same right and benefit of
103 Survivorship with such Interest in the mean time until such
104 portions respectively shall become payable and with under and
105 subject to such and the same powers provisoes restrictions and
106 declarations as are expressed and declared in and by my said
107 Settlement concerning the said Sum of ten thousand Pounds thereby
108 directed to be raised to or for the benefit of my daughters or Younger
109 Children as aforesaid Provided always nevertheless and it is my
110 Will and intention that by reason or means of such right and
111 benefit of Survivorship as four of such my Surviving daughters
112 or Younger Children shall be entitled to have and receive under
113 and by virtue of the provisions made for the portions of my said
114 daughters and Younger children in and by my said marriage
115 Settlement and the addition made thereto by this my Will any
116 larger Sum to be divided between them for their portions
117 respectively than the Sum of twenty four thousand pounds nor
118 any three of such my Surviving daughters or Younger Children
119 any larger Sum to be divided between them for their portions
120 respectively than the Sum of Eighteen thousand pounds nor any
121 two of such my Surviving daughters or Younger children any
122 larger Sum to be divided between them for their portions respectively
123 than the Sum of twelve thousand pounds nor any one such my
124 Surviving daughter of Younger Child any larger Sum than the Sum
125 of ten thousand pounds for his or her portion And I do hereby authorize
126 empower and direct the said trustees of the said term of Five hundred
127 pounds
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128 Years created by the said Settlement and the Survivors and Survivors
129 of them and the Executors and Administrators of such Survivor to make
130 use of and exercise the same term for levying and raising the said
131 additional Sum of Seventeen thousand Pounds hereby given for the
132 portions of my said daughters and Younger Children in such and the
133 same manner in all respects whatsoever as they are authorized to do
134 by my said Settlement for levying and raising the said Sum of ten
135 thousand Pounds as therein mentioned. And as concerning all and
136 singular my said monies Messuages Farms land and hereditaments
137 comprized in the said Tridenture of Settlement of which I am Seized
138 in for as aforesaid (Subject to the said Annuity of Five hundred pounds
139 limitted by my said marriage Settlement and the said Annuity of
140 Seven hundred Pounds given by this my Will to and for the benefit
141 of my said Wife for her life And also Subject to the payment of the
142 several sums directed to be raised and paid by my said Settlement
143 and by this my Will in addition thereto for the portion and portions
144 of my daughters and Younger Children and to the powers remedies
145 and authorities for raising and paying the same respectively And also
146 as Concerning all other my Manors Messuages Lands tenements
147 Advowsons hereditaments and real Estate whatsoever Situate
148 lying and being in the said County of Cornwall I give devise and
149 bequeath the same and every part thereof unto James Buller of
150 Sackville Street Piccadilly London Esquire Clerk of his Majesty's most
151 Honourable Privy Council and Thomas Wentworth Buller Esquire
152 Eldest son and heir of my late Brother William Buller Esquire
153 deceased their heirs and Assigns To the Several uses Upon the Several
154 trusts and to and for the ends, intents and purposes and with under
155 and Subject to the powers provisoes declarations and agreements
156 hereinafter expressed and declared of and concerning the same (that
157 is to say) to the use of my Son James Wentworth Buller and his
158 Assigns for and during the term of his natural life without
159 impeachment of Waste except voluntary waste in houses and
160 Buildings And from and after the determination of that Estate by
161 forfeiture or otherwise in his life time to the use of the said James Buller
162 and Thomas Wentworth Buller and their heirs during the natural life
163 of my said Son James Wentworth Buller Upon trust to Support and
164 preserve the contingent uses and Estates hereinafter limitted from being
165 defeated or destroyed and for that purpose to make entries and bring
166 Actions as occasions shall require but nevertheless to permit and
167 Suffer my said Son James Wentworth Buller and his Assigns to receive
168 and take the rents issues and Profits of the said hereditaments and Premises
169 to and for his and their own use and benefit during his life And from and
170 after his decease to the use of the first Son of the body of my said Son James
171 Wentworth Buller lawfully to be begotten and the heirs Male of the body
172 of such first Son lawfully issuing And in default of such Issue to the use of
173 the Second third fourth fifth and all and every other the Son and Sons of
174 the body of my said Son James Wentworth Buller lawfully to be begotten
175 Severally Successively and in remainder one after another as they and
176 every of them shall happen to be in priority of birth and of the Several
177 and respective heirs Male of the body and bodies of all and every such Son
178 and Sons lawfully issuing the elder of such Son and Sons and the heirs Male
179 of his and their body and bodies being always to be preferred and to take
181 before the Younger of such Son and Sons and the heirs male of his and
182 their body and bodies issuing And for default of such Issue to the use of the
183 Second third fourth fifth and all and every other the Son and Sons of my
184 body lawfully to be begotten Severally Successively and in remainder one
185 after another as they and every of them shall happen to be in priority of birth
186 and
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187 and of the Several and respective heirs Male of the body and bodies of all
188 and every such Son and Sons lawfully issuing the elder of such Son and
189 Sons and the heirs Male of his and their body and bodies being always
190 to be preferred and to take before the Younger of such Son and Sons and
191 the heirs Male of his and their body and bodies issuing And for default of
192 such Issue to the use of all and every the daughter and daughters of the
193 body of my said Son James Wentworth Buller lawfully to be begotten
194 equally to be divided between them if more than one Share and share
195 alike as tenants in Common and not as joint tenants and of the
196 Several and respective heirs of the body and bodies of all and every such
197 daughter and daughters lawfully issuing And in case one or more of
198 such daughters shall happen to die without Issue of her or their body
199 or bodies then as to the Share or Shares of her of them so dying without
200 issue to the use of the Survivors or Survivor or others or other of them
201 to be equally divided between them if more than one Share and Share
202 alike as tenants in Common and not as joint tenants and of the Several
203 and respective heirs of the body and bodies of such Survivors or Survivor
204 or other or other of them lawfully issuing And in case all such daughters
205 but one shall happen to die without Issue of their bodies of there shall
206 be but one sure daughter to the use of such Surviving or only daughter
207 and of the heirs of her body lawfully issuing And in default of such Issue
208 to the use of all and every the daughter and daughters of my body
209 equally to be divided between them if more than one Share and
210 Share alike as tenants in Common and not as joint tenants and of
211 the Several and respective heirs of the body and bodies of all and every
212 such daughter and daughters lawfully issuing and in case one or
213 more of my said daughters shall happen to die without Issue of her
214 or their body or bodies then as to the Share or part of her or their so
215 dying without Issue to the use of the Survivors or Survivor or others
216 or other of them to be equally divided between them if more than one
217 share and Share alike as tenants in Common and not as joint tenants
218 and of the Several and respective heirs of the body and bodies of such
219 survivors or Survivor or others or other of them lawfully issuing and
220 in case all my said daughters but one shall happen to die without
221 Issue of their bodies or if there should be but one such daughter to the
222 use of such Surviving or only daughter and of the heirs of her body
223 lawfully Issuing and for default of such Issue to the use of my own
224 right heirs for ever provided always nevertheless that it shall and
225 may be lawful to and for my said Son James Wentworth Buller
226 by any deed or deeds writing or writing to be by him sealed and
227 delivered in the presence of and attested by one two or more credible
228 witnesses to grant limit and appoint to or to the use of any Woman
229 or Women with whom he may happen to marry for her or their
230 life or lives and for her or their jointure or Jointures any Annual
231 Sum or Yearly rent Charge not exceeding the Sum of Six hundred
232 Pounds by the Year for and without any deduction whatsoever
233 to be issuing out of and charged upon the said Manors Messuages
234 Farms and hereditaments or any part thereof but without prejudice
235 to the said Annuities directed to be raised and paid to or for the
236 benefit of my said Wife during her life as aforesaid with such powers
237 and remedies for recovering any such Yearly rent Charge when
238 in arrear and for defraying all costs and charges occasioned by
239 the nonpayment thereof as to my said Son James Wentworth
240 Buller shall seem meet And also to grant and demise limit or
241 appoint all or any of the same Manors Messuages Farms lands and
242 hereditaments to any person or persons for any term or terms of
243 Years for the better Securing the Payment thereof to take Effect immediately
244 after
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245 after the decease of my said Son James Wentworth Buller so as
246 such term or terms of Years be made determinable on the easing
247 of the Rent Charge thereby Secured and the Payment of all arrears
248 thereof and all costs and charges relating thereto Provided also that
249 it shall and may be lawful to and for my said Son James Wentworth
250 Buller by any such deed or deeds writing or writings to be by him
251 executed and attested as aforesaid to grant limit or appoint to or for
252 the benefit of all and every the Younger child and Children of my said
253 Son James Wentworth Buller but without prejudice as aforesaid
254 on the Sum and Sums of money not exceeding the Sum of ten
255 thousand Pounds as my said Son shall think fit as and for the
256 portion and portions of such Younger Child and Children to be
257 raised out of and charged upon the Manors Messuages Farms Lands
258 and hereditaments or a competent part thereof And also to grant
259 and demise limit or appoint all or any of the same Manors Messuages
260 Farms lands and hereditaments to any person or persons for any
261 term or terms of Years for the better raising and Securing the payment
262 thereof Provided also that it shall and may be lawful to and for my
263 said Son James Wentworth Buller and all and every person or
264 persons who shall be in the possession of or intitled to the rents
265 and profits of the said Manors Messuages Farms lands and hereditaments
266 by virtue of the limitations aforesaid And also to and for the said
267 James Buller and Thomas Wentworth Buller during the minority of
268 any person or persons so to be intitled as aforesaid by Indenture
269 or Indentures under his her or their hand and Seal or hands and
270 Seals to secure lease and grant any part of parts of the said Messuage
271 Farms Lands and hereditament for any term or number of Years
272 not exceeding fourteen Years in possession at the best and most
273 improved Yearly rents that can be gotten for the same without
274 taking any Sum or Sums of money or other thing by way of fine or
275 _____ for or in respect of such Lease or Leases And also to secure and
276 lease such of the said Messuages Farms lands and hereditaments as
277 shall have been usually leased for terms of Years determinable on
278 lives and which shall not be of the Clear Yearly Value of Fifty pounds
279 for any term or number of Years determinable on the deaths of one
280 two or three person or persons in reversion possession remainder or
281 expectancy so as there be not more than three lives as being on any
282 one tenement at the same time and so as there be reserved on such
283 lease or leases the ancient and accustomed rents duties suits and
284 Services heretofore usually paid and performed for the same And so as
285 the Lessee or Lessees of any lease or leases to be granted by virtue of any
286 power hereinbefore contained shall not be made dispunishable of
287 waste And so as there be a Clause of reentry for nonpayment of the
288 Rent or rents to be thereby respectively reserved And so as the respective
289 Lessees to whom such Leases shall be made duly execute Counterparts
290 thereof respectively Provided also and I do hereby declare that it shall
291 and may be lawful to and for the said James Buller and Thomas
292 Wentworth Buller and the Survivor of them and his heirs at any time
293 or times with the consent and approbation of my said Son James
294 Wentworth Buller testified by some Writing or Writings and or his hand
295 and Seal to make Sale and dispose of or convey in exchange for or in
296 lieu of other Lands and hereditaments. The Manors Messuages Lands
297 and hereditaments comprized in my said Marriage Settlement or any
298 part or parts thereof to any person or persons and for such prices in
299 money or for such other equivalent in Lands as to them shall seem
300 meet And upon payment of the money arising by such Sales the
301 Receipts of the said trustees or the Survivor of them or his heirs as
302 be good and sufficient discharge for the same and such purchaser or Purchasers
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303 Purchasers shall not afterwards be obliged to see to the application of
304 such purchase money or be answerable for the misapplication or
305 nonapplication thereof And that all and every person and persons
306 to whom any such Sale Conveyance or Exchange shall have been
307 made his her or their heirs and Assigns shall and may have hold
308 and enjoy the Premises by them respectively purchased or had in
309 exchange discharged from all and every the uses trusts and
310 limitations declared containing the same by the said marriage
311 Settlement and by this my Will And I do hereby further declare
312 that when any part of the said Lands and hereditaments shall be
313 Sold the money to arise by such Sale shall forthwith be laid out by
314 the said trustees with such consent as aforesaid in the Purchase of
315 other Lands and hereditaments either Freehold or for long absolute
316 terms of Years situate in the said Counties of Devon and Cornwall
317 or out of them and that as well the Lands to be purchased as them
318 to be taken in exchange shall be settled and Assigned to such and
319 the same uses Upon such and the same trusts and under and
320 Subject to such and the same powers provisoes declarations and
321 Agreements as are limitted and declared concerning the said Lands
322 made Saleable and Exchangeable as aforesaid by my said marriage
323 Settlement and by this my Will or as near thereto as the deaths of
324 parties and other contingencies will admitt of And that in the mean
325 time and until such money shall be laid out in such Purchases
326 shall be lawful for the said trustees with such consent as aforesaid
327 to place out the same at Interest Upon real or Government Security
328 and to pay the Interest dividends and produce arising therefrom
329 to such persons for such uses intents and purposes and in such
330 manner as the rents and Profits of the Lands directed to be purchased
331 and Settled would go and be payable in case such Purchases and
332 Settlement were there actually made Also I give and bequeath unto
333 my said dear Wife Annie Buller the Sum of One thousand Pounds to
334 and for her own use and benefit to be paid to her within three
335 months after my decease Also I give and bequeath unto my said
336 Wife all my Household Goods and Furniture Linen and Wines in
337 my house at Downes to and for her own use and benefit and to be at
338 her absolute disposal And also the use of my plate and of a Pearl
339 Necklace which she usually wears during her life which plate and
340 Necklace after the death of my said Wife and also my Books immediately
341 after my death I give and bequeath unto my said Son James
342 Wentworth Buller I give and bequeath unto my Cosson William
343 Buller and my Nephew James Buller sons of my said late Brother
344 William Buller the Sum of Two hundred pounds each to be paid
345 within twelve Calendar Months next after my decease I give
346 devise and bequeath unto the said James Buller and Thomas
347 Wentworth Buller and their heirs the right of Presentation upon the
348 next Avoidance to the Vicarage of the Parish Church of Saint Thomas
349 the Apostle in the said County of Devon Upon trust that they my said
350 trustees and the Survivor of them and the heirs and Assigns of such
351 Survivor do and shall present the Reverend John Caius Copleston
352 to the said Vicarage or Parish Church upon the death or resignation
353 of the Reverend John Bradford Copleston his father the present Incumbent
354 thereon I request the said James Buller and Thomas Wentworth Buller
355 to accept the Sum of One hundred Guineas each as a trifling mark of
356 my regard and affection for them I give to my faithful Servant William
357 Gowler an Annuity of Twenty Pounds during his life to be paid by
358 quarterly payments at Lady Day Midsummer Michaelmas and
359 Christmas in every Year the first payment thereof to begin and be made
360 on such of the said days as shall first happen next after my decease
361 I give devise and bequeath all and singular my Manors Messuages Lands
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362 and tenements Advowsons and hereditaments and real Estate
363 whatsoever Situate lying and being with the Several Parishes of
364 Saint Thomas the Apostle Coffinswell Crediton and Newton Saint Cyres
365 or elsewhere in the said County of Devon which I have the power to
366 dispose of (Subject to the next right of Presentation to the Vicarage
367 of Saint Thomas the Apostle which I have hereinbefore given and
368 devised for the purpose aforesaid And also Subject and charged to and
369 with the Payment of my debts Legacies and Funeral Expences not
370 visited to be raised and paid by and out of my said Settled Estate in
371 Cornwall by my said Settlement and this my Will and which my
372 residuary Personal Estate may not be Sufficient to discharge unto
373 my said Son James Wentworth Buller his heirs and Assigns to the
374 use of my said son James Wentworth Buller his heirs and Assigns for
375 ever And all the rest and residue of my Goods Chattels monies and
376 Securities for money and all other my personal and testamentary
377 Estate and Effects whatsoever and wheresoever after Payment of my
378 debts Legacies and Funeral Expences I give and bequeath the same
379 and every part thereof unto my said Son James Wentworth Buller his
380 Executors Administrators and Assigns to and for his and their own
381 use and benefit And I do hereby nominate constitute and appoint
382 my said dear Wife Anne Buller and the said James Buller and
383 Thomas Wentworth Buller joint Executrix and Executors of this my
384 Will And I do appoint them Guardians of the persons and Estates of
385 my said daughters and Younger Children during their respective
386 minorities And I do hereby request my said Wife that in case
387 of the deaths of the said Sir William Lemon and John Buller two
388 of the trustees named in my said Marriage Settlement in her life
389 time she will in pursuance of the power given for that purpose by
390 my said Settlement nominate and appoint the said James Buller
391 in the room of the first of the said trustees who shall so happen to die
392 and the said Thomas Wentworth Buller in the room of the other of
393 the said trustees who shall so happen to die to the Intent that the
394 said James Buller and Thomas Wentworth Buller or either of them
395 may act in the trusts of the said Settlement in such and the same
396 manner as the present trustees are thereby authorized and empowered
397 to do And I revoke all former Will and Wills by me at any time
398 heretofore made and to declare this to be and contain my last Will and
399 testament In Witness whereof I have to this my Will contained in ten
400 sheets of paper to the first nine Sheets thereof set my hand and to this
401 tenth and last Sheet my hand and Seal this first day of February
402 in the Year of our Lord One thousand eight hundred and twenty three
403 1823 James Buller Signed Sealed Published and declared by the
404 said James Buller the testator as and for his last Will and testament in
405 the presence of us three who have subscribed our names as Witnesses
406 thereto in his presence at his request and also in the presence of each
407 other John Rawling Henry Rawling Wm Rawling
408 I James Buller of Downes in the County of Devon
409 Esquire do make and declare this to be a Codicil to my last Will and
410 testament bearing date the first day of February One thousand eight
411 hundred and twenty three Whereas I am Seized of some Share
412 Interest or portion in Freehold Estate consisting of a number of
413 dwelling houses and premises situate and lying in the Parish of Saint
414 Mary le bone in the County of Middlesex Subject to a Lease for a term
415 of Years absolute therein Now I do by this Codicil annexed to my said Will
416 give and devise my said Share Interest or Portion in the said Freehold
417 hereditaments and Premises unto my Son James Wentworth Buller and
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418 and all and every my daughters and their heirs equally Share
419 and Share alike as tenants in Common and not as joint tenants And
420 in case of the death of any or either of them before attaining the Age
421 of twenty one Years without leaving Issue the Share of such to go
422 to the Survivors or Survivor of them and his her or their heirs
423 equally also as tenants in Common and not as joint tenants In
424 Witness whereof I have hereunto set my hand and Seal this twenty
425 Seventh day of December in the Year of our Lord One thousand eight
426 hundred and twenty five James Buller Signed Sealed Published
427 and declare by the said James Buller as and for a Codicil to his last Will
428 and testament in the presence of us three who in his presence at his
429 request and also in the presence of each other have Subscribed our names
430 as Witnesses to such his Execution hereof John Rawling Henry Rawling Wm Rawling
431 This is a further Codicil to the Will of me James Buller of Downes
432 in the County of Devon Esquire bearing date the first day of February
433 One thousand eight hundred and twenty three Whereas since the
434 making of my said Will my daughter Hester Eleanora has intermarried
435 with the Reverend Henry Strangways And upon such her marriage
436 and for her better Advancement in life I advanced and settled the Sum of
437 three thousand three hundred and seventy five pounds in favor of
438 her said husband herself and the children of their marriage Now
439 I do therefore hereby revoke all legacies and Sums of money bequeathed
440 to her (as one of the Young Children of myself and Wife) by my said
441 Will and declare that the Advancement portion or portions which
442 I have so made and Settled in and by her marriage Settlement is
443 to be secured and considered to be in full Satisfaction and discharge
444 thereof And also in full Satisfaction and discharge of her Share
445 of the Portion or portions to which she is or shall be otherwise
446 would be (also as one of the Younger children of myself and Wife)
447 entitled to under the Settlement made on our marriage In all
448 other respects I confirm my said Will And also on former Codicil
449 dated the twenty Seventh day of December One thousand eight
450 hundred and twenty five and and declare this writing to be a further
451 Codicil to my said Will and taken as part thereof In Witness whereof
452 I have hereunto set my hand and Seal this ninth day of July
453 One thousand eight hundred and twenty Seven 1827 James
454 Buller Signed Sealed published and declared by the said James
455 Buller as and for a further Codicil to his said last Will and Testament
456 in the presence of John Rawling Henry Rawling
457 Proved at London with 2 Codicils 10th October 1827 before the
458 Judge by the Oaths of Anne Buller Widow the Relict James Buller
459 Esquire and Thomas Wentworth Buller Esquire the Nephew the
460 Executors to whom Adm[inistrati]on was granted having been first sworn
461 (that is to say) the said Anne Buller and Thomas Wentworth Buller
462 by Commission and the said James Buller before the Worshipful John
463 Daubeny Doctor of Laws and Surrogate duly to administer
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