The testator John-2 Buller was the son of James Buller of Downes (Devon and his will is with the Devon Buller wills) and Lady Jane Bathurst daughter of Allan Earl Bathurst. He was the brother of Sir Francis Buller who lived in Middlesex and his will is to come when I work on the London/Middlesex wills. This John is said to be of Morval. He married Anne the daughter of William Lemon of Carelew.
His brother Sir Francis Buller, Baronet was a Judge of the Court of Common Pleas and a second brother was Edward. He had sisters Jane married to Sir William Lemon Baronet, Mary married to James Templer of Stover and Catherine married to General Macarmick. His father had been married first to Elizabeth daughter and cohier of William Gould of Downes so that he also had a half brother James Buller of Downes who married first Husey the daughter of Thomas Gould of Frome and second Mary daughter of John Hippisley Coxe of Ston Eston and this line changed their surname from Buller to Hippisley Coxe.
Just to keep the generations straight John Francis Buller married Rebecca (daughter of Sir Jonathan Trelawny, Baronet) Trelawny and their son James Buller of Downes married first Elizabeth Gould daughter of William Gould of Downes and he married second Lady Jane Bathurst daughter of Allan Earl Bathurst and their sons included Sir Francis Buller (will will come with the London/Middlesex wills) and John-2 Buller of Morval (present testator).
I am only looking at the Visitations at this point and thus far all the names mentioned in the wills are also listed in the Visitation and I know that the lines that do reach down into the late 1700s are not my line back since Christopher was born in 1763 or thereabouts. At the time of the writing of the will John mentions his sons: 1. John, 2. William, 3. James, 4. Charles, 5. Richard, 6. Reginald, 7. Anthony and daughters 1. Louisa, 2. Maria and 3. Charlotte Jane. All of these children are still living at the time of the last Codicil in 1793. All of the children with the exception of William and Reginald appear to have married and all have children but in this time period I know that this is not my line so will not dwell on the descendants.
John mentions his brother Sir Francis Buller, Baronet and I have a copy of his will from the Society of Genealogists and also the probated copy from the National Archives. This line leads to the Yarde Buller family and I also know that this is not my line however I will transcribe the wills for completeness.
Transcriber: Elizabeth Kipp
Recorded: 4 Feb 2013
Source: The National Archives, PROB 11/1274/218
Testator: John Buller Esquire
Place: Morval, Cornwall, England
Date of document: 6 Sep 1788, probated 9 May 1796
Read: Electronic copy images
Document quality: 18th century English, legible copy
[Margin]: John Buller
[Margin]: Buller
[Margin]: Esquire
[Margin]: 320
1 This is the Last Will
2 and Testament of me John Buller of Morval in
3 the County of Cornwall Esquire whereas by Articles
4 of Agreement bearing date on or about the twenty
5 fourth day of March one thousand seven hundred and
6 seventy made previous to and in Consideration of
7 Marriage with my beloved wife Ann then Anne
8 Lemon Spinster It was agreed that the Sum of twelve
9 thousand pounds part of my said wife's fortune should
10 be applied to discharge a like sum of twelve thousand
11 pounds due to my three sisters and charged upon and
12 payable out of my Estates in the Counties of Cambridge
13 and Suffolk and that a Term of twelve hundred years
14 created of out such Estates for securing the said last
15 mentioned twelve thousand pounds and then vested in
16 Trustees should be assigned to my Mother The honourable
17 Francis Buller now one of his Majestys Justices of the
18 Court of Kings Bench and my uncle William Buller
19 Clerk now Dean of Exeter their Executors Administrators
20 and Assigns upon Trust that I should recaive the rents
21 and profits of the premises comprized in such Term in
22 lieu of the Interest of the said twelve thousand pounds
23 for my use and after my decease In Trust by Sale
25 or Mortgage to raise the said twelve thousand pounds
26 for the portions of all and every the Child and
27 Children of our Marriage except an eldest or only
28 Son to be paid to him her or them in such parts
29 shares and proportions manner and form and at
30 such times and with such Interest paid allowance to
31 maintenance and education as I should by deed or will
32 signed in the presence of two or more credible witnesses
33 appoint and whereas the said twelve thousand pounds
34 part of my said wife's fortune was paid and applied
35 according to our said Marriage Articles and the aforesaid
36 Term of Twelve hundred years is now vested in my
37 said Brother Francis Buller and uncle William Buller
38 for securing the said twelve thousand pounds and Interest
39 for the benefit of my younger Children upon the Trusts
40 of the said Marriage Articles and whereas I have
41 an eldest son John Buller and nine younger Children
42 now living the Issue of the said Marriage Now in
43 pursuance of the power contained in my said Marriage
44 articles and of all other powers enabling me thereto
45 I do give bequeath limit and appoint unto my Son
46 William Buller the Sum of twenty one pounds part
47 of the said sum of twelve thousand pounds to be paid to
48 him within twelve months after my decease and I
49 do give and bequeath limit and appoint unto my
50 Son James Buller the Sum of Five hundred pounds
51 to be paid to him as and when he shall attain the
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52 age of twenty one years with a power nevertheless
53 for the said Trustees of the said Trust fund to raise
54 and pay the same or any part thereof before that
55 time with the approbation of my said wife but
56 not otherwise for his advancement in any profession
57 or Trade he may pursue and I do also give
58 and bequeath limit and appoint unto my said
59 son James Buller the further Sum of one thousand
60 pounds other part of the said Sum of twelve
61 thousand pounds to be paid to him upon his
62 attaining the age of twenty five years if he shall
63 not before that time have succeeded to the office
64 of one of the Clerks in ordinary of his Majestys
65 Most honorable privy Council but in case my
66 said son James Buller shall previous to that
67 have succeed to the said office or shall die before
68 he attains the age of twenty five years then
69 I give and bequeath limit and appoint the said
70 Sum of one thousand pounds in manner following
71 that is to say the sum of four hundred pounds
72 part thereof to my daughter Louisa Buller the
73 Sum of three hundred pounds other part thereof
74 to my daughter Maria Buller and the sum of
75 three hundred pounds the residue thereof to my
76 daughter Charlotte Buller and I do hereby give
77 and bequeath limit and appoint all the rest and
78 residue of the said Sum of twelve thousand pounds
79 unto and equally amongst my younger Children
80 Charles Buller Reginald Buller Richard Buller
81 Louisa Buller Anthony Buller Maria Buller Charlotte Jane
82 Buller and such other Child or Children by my said
83 dear wife who shall be born in my life time or
84 which my said wife shall be ensient with at the
85 time of my death share and share alike my sons
86 shares to be paid to them upon their respectively
87 attaining the age of twenty one years and my daughters
88 shares to be paid to them upon their respectively
89 attaining the age of twenty five years or day of
90 marriage which shall first happen provided such
91 Marriage shall be with the consent of their Guardian
92 or Guardians appointed by this my will But in
93 Case either of my said daughters shall marry without
94 such Consent as aforesaid Then I direct that the share
95 or shares of her of them so marrying shall not
96 be raised until a Settlement and provision shall be
97 made by the husband or husbands as the Case may
98 happen for such daughter or daughters and the
99 Issue of the marriage in such manner as their
100 Guardian or Guardians for the time being shall
101 think proper and if any of my said Children shall die
102 before their respective shares of the said twelve
103 thousand pounds shall become a vested Interest according
104 to
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105 to the directions of this my will Then the share or
106 shares of such of them so dying shall go unto and
107 equally among the Survivors and Survivor of my
108 said children and shall be payable in such manner
109 as is herein before directed concerning their original
110 portions or shares and I will and direct that the
111 Interest of the respective shares of such Children
112 shall during their respective Minorities and until
113 their shares become payable be paid to and applied
114 by their guardian or Guardians for their maintenance
115 and Education respectively and whereas the Reverand
116 Edward Pole hath agreed (if he should be required
117 so to do by me or my Executors) to yield up and
118 resign the Rectory of Landreath in the County of
119 Cornwall to any one of my Sons as soon as he shall
120 be admitted into priests orders Now I do hereby give
121 devise and bequeath unto my Executors herein after
122 named the next presentation to the said Rectory and
123 Church of Landreath upon Trust to present the
124 same Rectory and Church such of my said younger
125 sons whom they my said Executors may deem most
126 eligible to perform the duties of a protestant divine
127 excepting only my said sons William and James
128 Buller who are otherwise provided for but it is my
129 will and I do hereby direct that such Son so to be
130 presented shall abate out of his share of the
131 said twelve thousand pounds appointed for him as
132 aforesaid the Sum of one hundred pounds to each of
133 his Brothers and sisters who shall be then living
134 (except the said John Buller William Buller and
135 James Buller) which one hundred pounds a piece
136 I will and direct shall be added to and shall be said and
137 payable in the same manner as the original
138 share and shares of such Brother and Sisters
139 so living At that time and whereas his present
140 Majesty has been pleased to appoint Walter Pye
141 Esquire and my said son William Buller to the
142 Office of Chaster of the wait in Chancery and the
143 said William Pye hath in and by a certain
144 Indenture bearing date the twenty fourth day of
145 June one thousand seven hundred and seventy
146 eight covenanted and agreed to account to my said
147 son William Buller for all his wages pensions
148 endowments profits and bequests arising from the
149 said office after deducting the cost for himself the
150 said Walter Pye the salary of one hundred pounds
151 a year or in case of the death of my said Son
152 than to account to any of my younger Son or Sons
153 whom I or my Executors will appoint now in case
154 the death of my said son William in the life time
155 of the said Walter Pye I do desire my Executors
156 hereinafter named to appoint someone or more
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157 of my younger Surviving Sons whom they shall deem
158 most proper to receive the benefit of such office but in
159 case my said Executors shall disagree in such appointment
160 I do direct then to appoint such one or more of my
161 Sons to receive such benefit as my Nephew James
162 Buller shall nominate for the purpose and I do
163 hereby appoint my said wife as long as she shall
164 continue unmarried Guardian of all my Children
165 during their respective minorities but in case of her
166 second marriage then I do appoint my said Brother
167 Francis Buller and my said nephew James Buller
168 Jointly with my said wife Guardians of my said
169 Children and in Case of the death of my said wife
170 before my said Children shall have severally attained
171 their ages of twenty one years I do in that event
172 appoint my said brother Francis Buller and Nephew
173 James Buller Guardians of such of my children as
174 shall not then have attained their said ages of twenty
175 one years and I appoint my said wife and my said
176 eldest son John Buller Executors of this my will
177 and subject to the payment of my Just debts and
178 Funeral Expences I give and devise all my Real Estate
179 of what nature or kind soever and wheresoever over
180 which I have a disposing power unto and to the
181 use of my said dear wife her heirs and assigns
182 In Trust nevertheless for my said Eldest son John
183 Buller his heirs and assigns for ever and to be
184 conveyed to him accordingly as and when he
185 shall attain his full age and hereby revoking
186 all former wills by me made I declare this only
187 to be my last Will and Testament In witness whereof
188 I have to this my last Will and Testament contained
189 in four sheets of paper to the first three sheets
190 thereof set my hand and to the fourth and last
191 my hand and seal this sixth day of September in
192 the year of our Lord one thousand seven hundred
193 and eighty eight John Buller Signed Sealed
194 published and declared by the said Testator John
195 Buller as and for his last Will and Testament in
196 the presence of us who at his request in his presence
197 and in the presence of each other have subscribed
198 our names as witnesses thereto the name of Richard
199 Buller being interlined in the sixteenth line of the
200 second sheet and the Name of John Buller being
201 first interlined in the fourteenth line of the third
202 sheet Thos: Smith Lincolus Jun Robt Kekewich
203 Richd Saml White his Clerks
204 Whereas in and by my last will and
205 Testament I have appointed my wife Sole Guardian
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206 of my Children until she should marry again now
207 I do hereby constitute and appoint my Brother Francis
208 Buller Joint Guardian together with my said wife
209 of all my children during their respective minorities
210 In witness whereof I have hereunto set my hand
211 and seal this seventh day of November 1793 J Buller
212 Signed sealed and delivered in the presence
213 of us James Templer Mary Templer
214 Whereas I have in and by my will
215 given to my son James the sum of five hundred
216 pounds to be paid to him immediately after my
217 decease and the further sum of one thousand pounds
218 to be paid at his age of twenty five years on the
219 contingency therein mentioned as his part and share
220 of the Sum of twelve thousand pounds settled upon
221 my younger Children and have also directed that
222 the residue of the said Sum of twelve thousand
223 pounds over and above that I have particularly
224 given and appointed should be divided amongst
225 such of my children as are therein mentioned
226 in such shares and proportions as my wife should
227 direct and appoint and for want of such appointment
228 to be divided amongst them equally now in the
229 place and lieu of such provisions I do by this
230 further Codicil hereby give direct and appoint the
231 whole of the said sum of Fifteen hundred pounds
232 to my son James to be paid to him immediately
233 after my decease and I do hereby revoke the power
234 of appointment given to my said wife and do
235 direct and appoint that the Sum of twenty
236 Guineas part of the said Sum of twelve thousand pounds
237 shall be paid to my son Charles immediately
238 after my decease as his part and share of the said
239 twelve thousand pounds and I do hereby give
240 direct and appoint all the rest and residue of the
241 said Sum of twelve thousand pounds except what
242 is by me before given to my Sons William James
243 and Charles unto and equally amongst my younger
244 Children Reginald Richard Louisa Anthony Maria
245 and Charlotte Jane to be paid to them at such
246 times and in such manner as I have directed
247 in and by my said Will and in all other respects
248 I do hereby ratify and confirm my said Will In
249 Witness whereof I have hereunto set my hand
250 and Seal this tenth day of November 1793 J: Buller
251 Signed Sealed and published by the said John
252 Buller as a Codicil to his will in the presence of
253 Ridind Kelly John Webber Thos Adams
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254 Whereas I have in and by my will appointed
255 my dearly beloved wife Guardian of my Children
256 until she should marry again and whereas by
257 Codicil hereunto annexed I have likewise appointed
258 my Brother Francis Buller Joint Guardian with
259 my said wife now in Case of the death of my said
260 wife I do hereby constitute and appoint my son John
261 Buller Joint Guardian with my said Brother of all
262 my Children during their respective Minorities
263 In witness whereof I have hereunto set my hand
264 and Seal this thirteenth day of November 1793 J:
265 Buller signed sealed and delivered in the presence
266 of the words In case of the death of my said wife
267 are interlined John Webber Mary Templer
268 This Will was proved at London with
269 three Codicils the ninth day of May in the year
270 of our Lord one thousand seven hundred and ninety
271 six before the worshipful Thomas Champion
272 Crespigny Doctor of Laws Surrogate of the Right
273 honourable Sir William Wynne Knight also Doctor
274 of Laws Master keeper or Commissary of the
275 prerogative Court of Canterbury lawfully constituted
276 by the oath of John Buller Esquire the Son of the
277 the deceased and one of the Executors named in
278 the said will to whom Administration was granted
279 of all and singular the Goods chattels and Credits
280 of the said deceased having been first sworn duly to
281 administer power Reserved of making the like grant
282 to Ann Buller Widow the Relict of the said deceased
283 and the other Executor named in the said Will when
284 she shall apply for the same
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