James Buller (testator) is the brother of Francis-4 and their father was Francis-3 married to the daughter of Sir James Rushout of Maynard's Green in Essex first and second to Mary Maynard and this Mary was the daughter of his stepmother Lady Katherine Maynard (wife of Sir John Maynard). Francis-3 married second to Dame Maynard had suffered forfeiture in 1666 and he had taken refuge with Dame Maynard at this time. Dame Maynard had married her daughter Mary to Francis-4 (eldest son of Francis-3) and settled her estates on this couple presumably thus avoiding forfeiture perhaps due to her marriage to Francis-3 Buller. A very complicated family line although as you write it all down it gradually smooths out.
From the Visitation of Cornwall it is stated that with the death of James Buller the estates mentioned in the Francis Buller wills then passed to the Morval Branch and this was presumably John Buller of Morval and the Isle of Thanet who married first Anne Coode of Morval and second Anne daughter of Walter Langdon of Keverell. I believe that all of the children of John Buller were born of his first wife Anne Coode and included Ann married to George Parker (whose name appears in this will), Thomasine, Elizabeth married to John Worth, Mary married to Thomas Dodson and the heir of John his son John who was MP for E. Looe during Commonwealth. This John was married to Mary Polloxfen the daughter of Sir Henry Polloxfen Knight who was Chief Justice of the Court of Common Pleas. Their children were Mary Ann married to Christopher Harris and John Francis Buller (son and heir) who married Rebecca daughter and coheir of Sir Jonathan Trelawny Baronet and Bishop of Winchester. There is a lot of history in this family and Sir Jonathan Trelawny himself has an interesting history attached to him. John Francis Buller was thus the heir of John Buller married to Mary Polloxfen and his will is included in the group to follow in Cornwall.
The next set of Wills will be the Johannis-1 and Johannis-2 wills followed by the John-1 and John-2 wills and then the will of John Francis. I can not be sure that the Visitations list all children of these families and in particular sons since I am looking for parents for my Christopher Buller in London. Again I do not think this is my particular line; I am more inclined to think that they descend from the Somerset Buller family but for sake of completeness I will continue with my marathon of Buller wills.
Transcriber: Elizabeth Kipp
Recorded: 3 Feb 2013
Source: The National Archives, PROB 11/519/409
Testator: James Buller Esquire
Place: Shillingham, Cornwall, England
Date of document: 7 Nov 1707, probated 7 Nov 1711
Read: Electronic copy images
Document quality: 18th century English, legible copy
[Margin]: T[esta]m[ent]
[Margin]: Jacobi Buller
[Margin]: Arm:
1 The last Will and Testament
2 of me James Buller of Shillingham in the County of Cornwall Esq[uie]r
3 I give devise and appoint that my Executors herein after named
4 shall and do pay unto the proper hands of my Aunt Herle exclusive
5 of her present and of every or any husbands and husband which
6 she may hereafter marry the yearly sum[m]e of 60 li to be
7 paid her by Quarterly payments during her life. Item I give unto
8 my Godson Sir Erasmus Norwich one hundred pounds for a
9 point of plate to Sir Cholmely Derings Eldest Sonn Fifty pounds
10 for a peice of plate To my Sister Norwich one hundred pounds
11 To my Aunt Williams Fifty pounds To the poor of the parish of
12 St Stephens near Saltash Fifty pounds To the poor of Isleham
13 Tenn pounds to Mr. Smith of Probus Twenty pounds Item I give
14 to Sir Walter Moyle Kn[igh]t and Mrs. Pengelly Widow and Mr Sam:
15 Lyne my Steward a full Release and discharge from any Iarlier
16 trouble concerning their accompts hitherto produced To the
17 Servants that shall be with me at the time of my death Tenn
18 pounds each All the Rest and Residue of my Personall and
19 Testamentary Estate of what nature or kind soever after the
[Page 2]
20 charges of my Funerall all my just debts which I shall owe at
21 the time of my death are discharged and satisfied and my Legacies
22 herein or hereby given are paid I give unto Sir William Coryton
23 of Newton in the County of Cornwall Baronet Francis Wills of
25 Wivelscombe in the same County Esq[uie]r and William Hancock of
26 Hendra in the said County of Cornwall Esq[uie]r whom I make sole
27 Executors of this my last Will upon Trust nevertheles that they
28 stand possessed of the same To the use and for the benefit of such
29 person or persons as shall be intituled to my Capitall Mansion
30 house of Shillingham in the said County of Cornwall And my
31 Will and meaning is and I do hereby declare devise and appoint
32 that in case and if so be that my personall and Testamentary
33 Estate shall prove any ways defective or insufficient for the paying
34 satisfying and discharging my said Funerall Charges debts and
35 Legacies That in such case the said Sir William Coryton Francis
36 Wills and William Hancock shall raise such sum[m]es as shall be
37 necessary for those purposes out of the Term of 500 years
38 limited or mentioned in one Indenture Tripartite made or
39 mentioned to be made the 25th day of November 1707: betweene myself
40 of the first part the said Sir William Coryton Francis Wills and
41 William Hancock of the second part and George Parker and Walter
42 Moyle Esq[uie]rs of the 3d part and out of all or any the Mannors and
43 Lands therein comprized pursuant to the Trusts declared of the said
44 Term and by any the ways and means in the same Indenture
45 mentioned for the raising money out of the said Term of 500 years
46 In testimony that this is my last Will and Testament I have
47 hereunto set my hand and Seale this 7th day of November 1707:
48 of Feb 1708/09: Ja: Buller Signed and published in the presence of A: B:
49 C: D: E: F.
50 14th Septemb[er] 1710
51 Mr Bullers Will within written on two half sheets of paper was
52 declared and published by him to be his last Will and Testament this
53 day in presence of Jo: Buller, Fr: Pengelly, Wm Smyth, E. Hill, Leon:
54 Wetherley, S: Lyne
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