This will for Henry Buller is similar to the preceding one blogged the day before yesterday. However there was a new admon granted and the details follow. The dates are somewhat confusing and will try to sort that out. There are some subtle differences in the will and some added copy in the margin which makes this will slightly different. It is perhaps the first will written although also carries the "word" copy at the top but this has been rewritten and is not in the original hand of Henry Buller. The year of death is stated in a letter from a William John Morgan as occurring on 1 January 1800 at sea off the Cape of Good Hope.
The reason for the second probate appears in the first probate. This will was not the original official copy of the will and probate was granted on the basis of looking only at his holdings in England with the proviso that at a later date when the will became available the remainder of the will would be executed. It was somewhat confusing because both entries carry the word "Copy" at the top.
The next set of wills are from Somerset and there are eight of them:
Edward Buller, Gentleman, Nettlecombe, PROB 11/954/363, 19 Feb 1770
George Buller, Gentleman, Nether Stowey, PROB 11/1331/22, 1 Oct 1799
Jenkins Buller, Gentleman, Nether Stowey, PROB 11/1270/21, 8 Jan 1796
John Buller, Lillesdon, North Currie, PROB 11/79/212, 3 Mar 1592
Mary Buller, Spinster, Nether Stowey, PROB 11/1152/355, 31 May 1787
Sarah Buller, Widow, Hether Stowey, PROB 11/951/315, 2 Oct 1769
Thomas Buller, Gentleman, Staple Fitzpayne, PROB 11/51/16, 22 Jan 1569
William Buller, Soap Boiler, Nether Stowey, PROB 11/1137/59, 31 Jan 1786
Transcriber: Elizabeth Kipp
Recorded: 6 Mar 2013
Source: The National Archives, PROB 11/1366/178
Testator: Henry Buller
Place: Bengal, East Indies
Date of document: 17 Mar 1792 , probated 3 Dec 1801
Read: Electronic copy images
Document quality: 18th century English, legible copy
[Margin]: Henry
[Margin]: Buller
[Top]: Copy
1 This is the Last Will
2 and Testament of me Henry Buller of Bengal First
3 I give and bequeath unto Henry George Buller
4 the son of Fyzunussun Formerly in my Service
5 the Sum of twenty thousand Current Rupees together
6 with my Share Subscribed for in the Tontine for
7 Five years on the Life of the said Henry George
8 Buller with the Interest dividends and proceed
9 thereof Secondly I give and bequeath unto William
10 Buller the Son of Nunny formerly my Servant the
11 Sum of Seventeen thousand Current Rupees thirdly I
12 give and bequeath unto Captain Edward Buller
13 my Brother his heirs Executors Administrators and
14 Assigns all the rest and residue of my personal and
15 Real Estate upon Condition that the said Captain
16 Edward Buller do pay therefrom Five hundred Current
17 Rupees to each of my Servants Deenoo and Jolam
18 It is my Intention that In case of the Death of
19 Henry George Buller or William Buller or of both
20 of them before they shall attain the age of seventeen
[Page 2]
21 the Legacy or Legacies allotted to either or both of them
22 who shall die within the period above specified
23 shall go to my Brother Captain Edward Buller his
24 heirs Executors Administrators and Assigns It is
25 further my Intention that in Case of the Demise of
26 Captain Edward Buller - before this Will shall
27 take effect whatever they might if surviving me the
28 Testator be entitled to by it shall be equally divided
29 between his Children lawfully begotten It is my
30 anxious request that my Brother John Buller of
31 Bengal and Stephen Harris of the same will
32 take upon them the Trouble of acting as Executors
33 to this will and I do hereby accordingly hereby constitute
34 and appoint the said John Buller and Stephen
35 Harris Executors to this my last Will and
36 Testament And I request that as soon after my
37 decease as they conveniently can they will
38 by public or private sale as they shall judge most for the benefit of the Estate sell the
39 whole of my real Estate and Goods and Chattels
40 for the Benefit of the Legatees And it is moreover
41 my earnest request that my Brother John
42 Buller will have the kindness after my demise to
43 take Henry George Buller and William Buller
44 under his particular protection and see that
45 they be properly educated and set forth unto Life
46 In Witness of the above I the said Henry
47 Buller have to this my last Will and Testament
48 set my hand and Seal this seventeenth day of
49 March in the Year of our Lord One thousand
50 seven hundred and ninety two Henry Buller
51 Signed sealed and declared by Henry Buller as
52 and for his last Will and Testament where
53 no stamp paper is to be had in the presence of
54 us who in his presence at his Request and in the presence of each other have subscribed our Names as
55 Witnesses thereto Peter Fouchet A Seton G Foxcroft
56 In the Goods of Henry Buller Esquire deceased
57 the Seventeenth day of January 1801
58 Appeared Personally
59 Edward Buller Esquire Captain of his Majestys
60 Ship Edgar and now residing at East Stonehouse
61 in the County of Devon and made Oath that
62 On or about the twenty First day of April last
63 he received by the Post a letter from William
64 John Morgan of Cape Town in the East Indies and
65 dated Cape Town January the thirteeneth one thousand
66 and Eight Hundred wherein the said William John
67 Morgan informed him the depondent of the death
68 of his Brother Henry Buller formerly of Bengal
[Page 3]
69 but who died at Sea near the Cape of Good Hope on the
70 first day of January One thousand and Eight
71 hundred and he further informed him that his
72 Will had been Found dated in the year One
73 thousand Seven hundred and Ninety two and
74 enclosed in the said Letter set him an attested
75 Copy of the said Will and the deponent further
76 made Oath that having viewed the paper
77 writing hereto annexed beginning "This is the
78 last Will and Testament of me" Henry Buller
79 of Bengall" and ending "In Witness whereof the
80 above I the said Henry Buller have to this
81 my last Will and Testament set my hand and
82 Seal this Seventeenth day of March in the year
83 of Our Lord one Thousand Seven hundred and
84 Ninety two " and with a Notarial attestation
85 as to the authority of the same and Signed
86 by Thomas Witton as a Notary Public he
87 saith that the paper writing is the same which
88 was so Received by him enclosed in the aforesaid
89 letter and the Deponent further made Oath
90 that he verily believes that the Original Will
91 of the said deceased hath been proved by
92 the Executors or one of them in the proper
93 Court at Bengall where where the same now
94 remains and that the annexed Notarial Copy
95 of the said Will is the most authoratie Copy now
96 in England and that he is desirous of obtaining Letters
97 of Administration (with the same annexed)
98 to be Granted to him as the Residuary Legatee
99 named in the said Will for the purpose of
100 Collecting in and recovering the Effects of the
101 said deceased in this country and the Deponent
102 Lastly made Oath that John Buller the
103 Brother of the said Deceased and Stephen
104 Harris the Executors named in the aforesaid
105 Will now live and reside at Bengal aforesaid
106 as he verily believes Ed[war]d Buller Same day
107 the said Edward Buller was duly sworn
108 to the Truth of this affidavit by Virtue of the
109 Annexed Commission before me Jonathan
110 Williams Commissioner In the Presence of
111 William Foot Notary Publick
112 On the third day of December in the year of our
113 Lord one thousand Eight hundred and one adm[inistrati]on
114 with the Notarial Copy of the Will annexed of
115 all and singular the Goods Chattles and Credits of
116 Henry Buller formerly of Bengal but late of the
117 Cape of Good Hope in the East Indies Esquire
118 deceased was granted to Edward Buller the
[Page 4]
119 Brother and Residuary Legatee named in the said
120 Will Lim[ite]d until the Original Will or a more Authoritie
121 Copy thereof should be brought into and left in
122 the Registry of the prerogative Court of Canterbury
123 but no further or otherwise having been first
124 Sworn by Commission duly to administer John
125 Buller the Brother and Stephen Harris the
126 Executors named in the said Will have been
127 first cited with the usual intimation to accept or
128 refuse the probate and Execution of the Notaries
129 Copy of the said last Will and Testament of the
130 said deceased but they not either of them in any
131 wise appeared
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