Will of James Buller Esquire of Kings Nympton - The National Archives PROB 11/908/371, probated 23 May 1765

The testator James Buller was married first to Elizabeth Gould and second to Lady Jane Bathurst. His will is 835 lines including the probate. I found it an interesting will as you can understand the movement of the Buller family from Cornwall to Devon clearly in this will. The Buller family in Cornwall does continue there as well. At this point in time mid 1700s the Buller family is now found in Somerset, Cornwall and Devon with Somerset being their original first spot in the West Country.

James is the eldest son of John Francis Buller. His mother was Rebecca Trelawny daughter of Sir Jonathan Trelawny Baronet, D.D. and Bishop of Winchester. They were married 22 Jul 1716 (from the Visitation of Cornwall). John Francis Buller had only one sibling Mary Ann who married Christopher Harris, M.P. He does not mention his aunt in his will or any cousins. The Visitation does not list any children for this couple.

John Francis Buller and his wife Rebecca had a large family and the only mention of these children is firstly, Francis Buller, brother to James, who receives an annuity of £300 per annum. Of note, this Francis died without issue in 1766 and he was married to Mary the daughter of Sir Copplestone Warwick Bampfylde (and widow of Sir Coventry Carew Baronet). Secondly, he mentions his sisters Rebecca, Elizabeth, Anne and Mary because of a settlement in their behalf by their father John Francis Buller.

Moving on to the children of James Buller and he was married twice. His first wife was Elizabeth Gould (daughter of William Gould of Downes) and she died in 1742 with their son James Buller of Downes being the only named child in the Visitation. This line is known as the Buller of Downes line in the Visitation. By his second wife Lady Jane Bathurst the daughter of Allan Earl Bathurst he had a large family and James does mostly concentrate on this second family in his will probably because his eldest son has already inherited the property of his mother at Downes although James is named as the right heir in case of default of his half brothers with respect to an heir (John, Francis and Edward).

James mentions as his "eldest" son of this second marriage John and he married Anne daughter of William Lemon of Carelew, his second son was Francis who ultimately was Sir Francis Buller a Judge of the Court of Common Pleas who was created a Baronet 29 Nov 1789 and his third son mentioned in the will was Edward who married Harriet daughter and sole heir of John Hoskyn of Port Looe. There is a will of Sir Francis so will not recount his children here but Edward does not leave a will that I have and his children were John Buller, Vicar of St Stephens by Saltash and daughters Mary and Harriet. Given that Edward was buried in 1791 in Bath Abbey, and not married in 1764 when the will was written this is not my line since Christopher was born circa 1763.

James also mentions his daughters (appear to be unmarried at the time of writing) Jane married to Sir William Lemon Baronet, Mary married to James Templer of Stover and Catherine married to General Macarmick).

Again this will eliminates these Buller families at Downes and Morvall from being possible ancestors of my Christopher Buller. It is interesting to see how the thoughts of an earlier time are not necessarily translated into fact in later generations. The properties at Isleham are still in the family and no thought in this generation of selling these properties.

Transcriber: Elizabeth Kipp
Recorded: 6 Feb 2013
Source: The National Archives, PROB 11/908/371
Testator: James Buller, Esquire
Place: Kings Nympton, Devon, England
Date of document: 30 Mar 1764, probated 23 May 1765
Read: Electronic copy images
Document quality: 18th century English, legible copy

 [Margin]: James Buller Esquire

1    This is the last Will and Testament
2    of me James Buller of Kings Nympton in the County of
3    Devon Esquire made the thirtieth day of March in the year of
4    our Lord one thousand seven hundred and sixty four. I do
5    hereby revoke all former Wills by me made and most humbly
6    commit my soul to Almighty God my Creator and Redeemer
7    appointing my Body to be decently but privately Interred in
8    the parish Church of Morvall in the County of Cornwall
9    according to such directions as I may leave in writing or
10    according to the discretion of my Executor hereinafter named
11    I give and bequeath unto my dear Wife the sum of Five
12    hundred pounds and the small pair of diamond Earrings
13    and Gold Watch which she usually wears for her own use
14    and benefit and I give and bequeath unto my Eldest son
15    James Buller the sum of twenty Guineas. Item I give devise
16    and bequeath unto the honourable John Bathurst of
17    Cirencester in the County of Gloucester Esquire Subject
18    nevertheless to the Term of Twelve hundred years and the
19    Trusts of such Term declared in and by a certain Indenture
20    Quinquepartite bearing date on or about the twenty first
21    day of April one thousand seven hundred and forty four made
22    or mentioned to be made between John Francis Buller my
23    late Father deceased and me the said James Buller of the
24    first part Samuel Harris therein named of the second part
25    Charles Bedford and Joshua Dowell Clerks of the third part
26    Jonathan Rashleigh and Harry Trelawny since deceased
27    Esquires of the fourth part and Benjamin Bathurst Esquire
28    and Sir John St Aubin Baronet since deceased of the fifth
29    part All that my Manors or Lordships of Great Isleham
    [Page 2]
30    cum Great Barnards Newhall and Uphall with their and
31    every of their Rights Members and appurtenances in the County
32    of Cambridge the Capitall Messuages called Great Barnards
33    hall in Great Isleham aforesaid and the Manor or
34    Mansion house of Newhall with their and every of their
35    appurtenances and the Manor or Lordship of Beck
36    otherwise Beck hall with the Rights Members and Appurt[enance]s
37    thereof in the County of Suffolk And all and singular the
38    Messuages Granges houses Edifices Buildings Barns
39    Stables Outhouses dovehouses Orchards Gardens Lands
40    Tenements Meadows Feedings pastures Commons demesne
41    Lands Turbarys Wastes Furze Heath Moors Marshes
42    Farms and Fenny Ground Woods underwoods Waters Fishings
43    Fishing places Fowling Hennary Swanmarks of the
44    fairest Game Free Warrens Free Fishings Wines Quarries
45    Quarries of Stout Rents and Services as well of Free as
46    Customary Tenants Works of Tenants Farms Fee Farms
47    Annuities Knights Fees Relief Herriotts Fines Amerciaments
48    courts prequisites and profits of courts cattles waites
49    estrays chattels of Felons and Fugitives Felons of themselves
50    and persons put in Exigent deodands Estovers and Common
51    of Estovers Fairs Marketts Tolls customs Rights Jurisdictions
52    Franchises Liberties priviledges Royalties profits
53    commodities Emoluments advantages and hereditaments
54    whatsoever to the said several Manors (Mansion houses
55    and premisses belonging or in any wise appertaining and all
56    other the Manors Messuages Lands Tenements and
57    hereditaments of me the said James Buller or whereof or
58    wherein I am Entitled unto under the said Indenture
59    Quinquepartite in possession Reversion or Remainder situate
60    lying and being in the Towns Fields parishes and hamletts
61    of Great Isleham Great Barnards Newhall Uphall Fordham
62    Isham Chippenham and Freckenham any or either of them
63    in the said counties of Cambridge and Suffolk or either of
64    them with their and each and every of their Rights Royalties
65    Members and appurtenances and the Reversion and
66    Reversions Remainder and Remainders Rents Issues and
67    profits thereof and of every part thereof To hold unto the
68    said John Bathurst his Executors Administrators and
69    assigns from and immediately after the End Expiration or other
70    sooner determination of the said Term of Twelve hundred
71    years or as soon as the Trust of the same Term shall be
72    performed and satisfied for and during the full End and
73    Term of Sixty years from thence next Ensuing and fully to be
74    compleat and Ended to for and upon the several uses Ends
75    Intents and purposes and upon the Trusts and subject to
76    the provisoes declarations and agreements hereinafter
77    mentioned and declared of and concerning the same that is
78    to say Upon Trust that he the said John Bathurst his
79    Executors or administrators do and shall by and out of the
80    Rents Issues Produce Increase and Profits of the said
81    Manors Messuages Lands Tenements hereditaments and
    [Page 3]
82    premisses so devised to him well and truly pay or cause to be
83    paid unto my said wife for and during the said Term of sixty
84    years if she shall so long live one annuity or clear yearly sum
85    of one hundred and fifty pounds of lawful money of Great
86    Britain by four equal Quarterly payments on the four most
87    usual Feasts or days of payment in the year (that is to say)
88    The Birth of our Lord Christ the Annunciation of the blessed
89    Virgin Mary the Feasts of Saint John the Baptist and
90    Saint Michael the Archangel without any deduction or
91    abatement whatsoever the first payment thereof to begin
92    and be made on such of the said Feasts or days of payment
93    in the year as shall first and next happen after my decease
94    the said annuity or yearly sum of one hundred and fifty
95    pounds to be accepted and taken by  my said Wife in full
96    Recompence discharge and Satisfaction of the Covenant I
97    entered into previous to my Marriage with her concerning the
98    value of any Lands or hereditaments that were then
99    settled in Jointure upon her during all such time as the
100    said annuity or yearly sum shall be paid to her as afores[ai]d
101    and I do Will order direct and appoint from and im[m]ediately
102    after the death of my said wife that the said Term and
103    Estate hereby devised to the said John Bathurst as aforesaid
104    shall cease determine and be utterly void any thing herein
105    contained to the contrary thereof in any wise notwithstanding
106    Item all that the deanery and College of Crantock and Saint
107    Columb and all that the prebens called Gosse otherwise
108    Gose prebens in the County of Cornwall and all and every
109    the Rights Members and appurtenances whatsoever to the
110    said College of Crantock now dissolved and heretofore belonging
111    or any time parcel of the possessions thereof and the Rectories
112    of Saint Columb the Lower and Crantock and all and singular
113    the Messuages Mills Granges houses Edifices Lands
114    Tenements Tofts Cottages Meadows Feedings pastures com[m]ons
115    Wasts heaths Marshes Glebe Lands Tythes of Corn Grain
116    Fruit hay and Fishing and all other Tythes whatsoever
117    as well Great as Small and also all the Oblations Obventions
118    Rents Services Profits Commodities and Advantages
119    hereditaments and Emoluments whatsoever to the said
120    deanery or College of Crantock and Saint Columb and the
121    said prebens called Gosse otherwise Gose prebens or to
122    any or either of them belonging or in any wise appertaining
123    or used accepted deemed or taken as any part parcel or
124    Member thereof and all and all manner of Tythes as
125    well Great as Small yearly arising growing or coming
126    within the parishes of Saint Columb the Lower and
127    Crantock being part and belonging to the said deanery
128    College and prebens some or one of them and the Reversion
129    and Reversions Remainder and Remainders of in and to
130    the same respectively I give devise and bequeath the same
131    unto the said John Bathurst his Executors Administrators
132    and Assigns from and immediately after my decease for and
133    during the Term of Eighty years from thence next ensuing
    [Page 4]
134    without Impeachment of Waste If my son Francis Buller
135    or any Issue of his Body shall so long live To and for the
136    several uses Ends Intents and purposes and under the
137    several Trusts hereinafter Expressed limited and declared of
138    and concerning the same that is to say In Trust to and for
139    the sole use and benefit of my Son Francis Buller and his
140    Assigns for and during the Term of his natural Life and from
141    and after his decease In Trust to and for the sole use and
142    benefit of the heirs of the Body of my said son Francis
143    Buller lawfully to be begotten for and during the residue and
144    remainder of the said Term and my Will and Mind is that
145    the said John Bathurst his Executors and Administrators
146    shall during and until my said son Francis Buller shall
147    attain his age of Twenty one years pay and apply the
148    Rents produce and profits of the said deanery and College
149    of Crantock and Saint Columb and of the said prebens
150    called Gosse otherwise Gose prebens and of all and singular
151    the Lands Tenements Tythes hereditaments and premisses
152    hereinbefore by me devised to the said John Bathurst for the
153    said Term of Eighty years or so much or such part of parts
154    thereof as he the said John Bathurst his Executors or
155    administrators shall in his or their discretion think fit and
156    reasonable to and for the Maintenance and Education of
157    my said son Francis Buller Item I give devise and
158    bequeath all those my said Manors or Lordships or
159    reputed Manors or Lordships of Great Isleham cum Great
160    Barnards Newhall and Uphall and my said Capital Messuage called
161    Great Barnards hall and my said Manor house of
162    Newhall in the said County of Cambridge with their and
163    each and every of their appurtenances and my said
164    Manor or Lordship of Beck otherwise Beckhall in the
165    said County of Suffolk comprized in the said Term of Twelve
166    hundred years and also all that my Messuage or Tenement
167    Farm Lands hereditaments and premisses situate lying
168    and being in the parish of Great Isleham in the said
169    County of Cambridge heretofore purchased by me of
170    William Affleck Clerk and [missing name] his wife and all
171    other my Manors or Lordships Messuages Lands
172    Tenements Estates and Premisses in the said counties of
173    Cambridge and Suffolk or either of them and also All that
174    the deanery and College of Crantock and Saint Columb and
175    all that the prebens called Gosse otherwise Gose prebens
176    in the County of Cornwall with all and every the Rights
177    Members and Appurtenances whatsoever to the said
178    College of Crantock now dissolved and heretofore belonging
179    or any time parcel of and the possessions thereof and the
181    Rectories of Saint Columb the Lower and Crantock And all
182    and singular the Messuages Mills Granges houses Edifices
183    Lands Tenements Tofts Cottages Meadows Feedings Commons
184    Wastes Heath and any Moors Marshes Glebe Land Tythes
185    of Corn Grain Fruit hay and Fishing and all other tythes
186    whatsoever as well Great as Small and also all the oblations
    [Page 5]
187    Obventions Rents Services Profits Commodities Advantages
188    hereditaments and Emoluments whatsoever to the said
189    deanery or College of Crantock and Saint Columb and the said
190    prebens called Gosse otherwise Gose prebens or to any or
191    either of them belonging or in any wise appertaining or used
192    accepted deemed or taken as part parcel or Member thereof
193    and also all and all manner of tythes as well Great as Small
194    yearly arising renewing growing or coming within the parishes
195    of Saint Columb the lower and Crantock being part and
196    belonging to the said deanery College and prebens some or
197    one of them and also all that my Lordship and Manor of
198    Maritavy with the Advowson Right of patronage and
199    presentation of in and the parish Church of Maritavy and
200    all those my Manors or Lordships of Morvall Cargollen
201    otherwise Curgallen otherwise Tregallen otherwise Permarth
202    Keverell Treworgey and Trenope with their and every of their
203    Rights Royalties Members and appurtenances and All that
204    my Capital Messuage Barton Farm and Demesne Lands of
205    Morvall Morvall Church Town Clees otherwise Clies
206    Keverell Old Keverell Instrisicks
207    ontstrisicks Bokenoer Wood without the parks and
208    Keverell Mills in the said County of Cornwall And all and
209    singular other my Messuages Mills Lands Tenements
210    Rents Reversions Services and hereditaments particularly
211    mentioned and described in one Indenture of Bargain and
212    Sale Tripartite and duly Inrolled in his Majestys high court
213    of Chancery bearing date the first day of October one
214    thousand seven hundred and fifty one made or mentioned
215    to be made between me the said James Buller of the first
216    part and William Daddo and Christopher Churchill Clerks
217    of the second part and Samuel Harris therein named of
218    the third part and all that my Capital Messuage Barton
219    Farm and demesne Lands called New Place otherwise
220    Kings Nympton and all other my Messuages Lands
221    Tenements and hereditaments with their appurtenances
222    situate lying and being in the several parishes of Kings
223    Nympton otherwise Nymet Regis Chittlehampton and
224    Chulmleigh each and every of them in the said County of
225    Devon with their and each and every of their Rights
226    Royalties Members and appurtenances unto the
227    honourable Henry Bathurst one of the Justices of his
228    Majestys Court of common pleas at Westminster and Sir
229    Thomas Dyke Ackland of Pixton in the County of Somerset
230    Baronet their heirs and assigns for ever (Subject
231    nevertheless to the said Term of Twelve hundred years
232    and Eighty years and the Trusts thereof as to such parts
233    of the said Estates and premisses as are included therein
234    respectively) to and for the several uses Ends Intents and
235    purposes and Subject to the provisoes conditions and
236    agreements hereinafter mentioned and expressed concerning
237    the same that is to say To the use and behoof of my son
238    John Buller for and during the Term of his Life without
    [Page 6]
239    Impeachment of or for any manner of Waste and from and
240    after the determination of that Estate by Forfeiture or otherwise
241    in his Life time Then to the use and Behoofe of the said
242    Henry Bathurst and Sir Thomas Dyke Ackland and their
243    heirs during the natural Life of my said son John Buller
244    Upon Trust to preserve the contingent uses and Estates herein
245    after limited from being defeated and destroyed for that
246    purpose to make Entries and bring actions when and often
247    as Occasion shall require yet nevertheless to permit and suffer my
248    said son John Buller to receive and take the Rents Issues
249    profits and produce thereof during his natural Life and
250    from and after his decease Then to the use and behoofe of
251    the first son of the Body of my said son John Buller lawfully
252    to be begotten and of the heirs Male of the Body of such
253    first Son lawfully issuing and for want of such Issue Then
254    to the use of the second third and all and every other son
255    and sons of the Body of my said Son John Buller lawfully
256    to be begotten severally successively and in remainder one
257    after another as they shall respectively be in seniority of
258    age and of the heirs Male of the Body and Bodies of
259    such son and sons lawfully issuing the elder of such son
260    and the heirs Male of his Body always to
261    be preferred and take before the younger of such sons
262    and the heirs Male of his and their respective bodies
263    and for default of such Issue To the use of my son
264    Francis Buller for and during the Term of his Life
265    without Impeachment of or for any manner of Waste
266    and from and after the determination of that Estate by
267    Forfeiture or otherwise Then to the use and Behoofe of
268    the said Henry Bathurst and Sir Thomas Dyke Ackland
269    and their heirs during the natural Life of my said son
270    Francis Buller upon Trust to preserve the Contingent
271    uses and Estates hereinafter limited from being defeated
272    and destroyed and for that purpose to make Entries and
273    bring actions when and as occasion shall require yet
274    nevertheless to permit and suffer my said son Francis
275    Buller to receive and take the Rents Issues produce and
276    profits thereof for and during his natural Life and from and
277    after his decease Then to the use and behoof of all and every
278    the son and sons of the Body of my said Son Francis
279    Buller lawfully to be begotten and of the heirs Male of
280    their respective Bodys for such Estates and in such manner
281    order and course of priority as hereinbefore are limited to
282    the first and other sons of the Body of my said son John
283    Buller and for default of such Issue To the use of my son
284    Edward Buller for and during the Term of his Life without
285    Impeachment of or for any manner of Waste and from
286    and after the determination of that Estate by Forfeiture or
287    otherwise Then to the use and Behoofe of the said Henry
288    Bathurst and Sir Thomas Dyke Ackland and their heirs
289    during the natural Life of my son Edward Buller upon
290    Trust to preserve the contingent uses and Estates hereinafter
    [Page 7]
291    limited from being defeated and destroyed and for that
292    purpose to make Entries and bring actions when and as often
293    as occasion shall require yet nevertheless to permit and suffer
294    my said son Edward Buller to receive and take the Rents Issues Produce
295    and profits thereof for and during his natural Life and after
296    his decease Then to the use and behoof of all and every the
297    Son and sons of the Body of my said son Edward Buller
298    lawfully to be begotten and of the heirs Male of their
299    respective Bodys for such Estates and in such manner order
300    and course of priority as hereinbefore are limited to the First
301    and other sons of the Body of my said son John Buller and
302    for default of such Issue Then to the use and behoof of all
303    and every such other younger son and sons of me the said
304    James Buller begotten or to be begotten severally and in
305    remainder in such manner order and course of priority and
306    for such Estates as before are hereby limited to the sons of the
307    Body of my said son John Buller to be begotten whether such
308    younger son or sons or any of them shall happen to be born
309    in my life time or after my decease and in default of such
310    Issue Then to the use and behoofe of my Eldest son James
311    Buller for and during the Term of his Life without Impeachment
312    of or for any manner of Waste and from and after the
313    determination of that Estate by Forfeiture or otherwise To the
314    use and behoofe of the said Henry Bathurst and Sir Thomas
315    Dyke Ackland and their heirs during the natural Life of my
316    said son James Buller upon Trust to preserve the contingent
317    uses and Estates herein after limited from being defeated or
318    destroyed and for that purpose to make Entries and bring 
319    actions when and as often as occasion shall require yet
320    nevertheless to permit and suffer my said son James Buller
321    to receive and take the Rents Issues produce and profits
322    thereof for and during his natural Life and from and after
323    his decease Then to the use and behoof of all and every the
324    son and sons of the Body of my said son James Buller
325    lawfully to be begotten and of the heirs Male of their
326    respective Bodys in such succession for such Estates and in
327    such manner as hereinbefore are limited to the First and
328    other sons of the Body of my said son John Buller to be
329    begotten and for default of such Issue Then to the use and
330    behoofe of my Eldest daughter Jane and her right heirs for
331    ever provided always and my further Will and meaning is
332    that the said Henry Bathurst and Sir Thomas Dyke
333    Ackland and the Survivor of them and the heirs and
334    assigns of such survivor during the Minority of my said
335    Son and Sons who shall respectively take by virtue of this
336    my Will and for his and their use and benefit and for my
337    said son and sons after they shall respectively attain their
338    several and respective ages of Twenty one years his and their
339    heirs respectively unto or for whom and to whose use I have
340    limited and devised my said Lands in Remainder as above
341    mentioned when and as the said Remainders shall happen
342    respectively and they become seized of the premisses in
    [Page 8]
343    possession by virtue hereof shall and lawfully may from time to
344    time and at all times by any writing or writings under his
345    and their hands and seals respectively testified by two or
346    more credible witnesses Grant devise and to Farm Lett all or
347    any part or parcel parts or parcells of my said Messuages
348    Lands and hereditaments to any person or persons for any
349    Term or number of years not exceeding Twenty one years
350    in possession and not in Reversion Remainder or Expectancy
351    so as there be reserved on every such demise Lease or part
352    the most Improved yearly Rent that can conveniently be
353    reasonably got for the same without taking any sum of
354    money or other thing for or by way of a Fine and so as
355    such Rent do continue payable during all such Term or
356    Terms of years and so as the same be not dispunishable
357    for Waste by any express Words or Implication therein to
358    be contained and so as such Lessee and Lessees do
359    respectively execute counterparts of such Leases and also
360    shall and lawfully may from time to time fill up make and
361    Grant Leases for Ninety nine years in possession or
362    Reversion determinable upon the death or deaths of one
363    two or three persons then in being or for the Lives of three
364    persons absolute then in being of all or any such part of
365    parts of my said Estates as are comprized in the said
366    Indenture of Bargain and Sale Tripartite bearing date
367    the first day of October one thousand seven hundred and
368    fifty one as have been hereunto so usually leased or Granted
369    by a case under the Old Rents and Covenants and so as such
370    Conventionary Rent or Rents so continue payable during
371    the continuance of all and every such Lease and so as such
372    Lessee or Lessees do respectively execute Counterparts of such
373    Leases provided also and my further Will is that all and
374    every my said son and sons when and as they shall
375    respectively come and be in possession of the said Manors
376    Estates and premisses as hereinbefore are mentioned shall
377    and may and they are hereby fully Impowered to make or
378    Grant a Jointure on any of the said Lands and
379    premisses unto or for the use of any such person or
380    persons as he or they shall respectively Intermarry or
381    take to Wife after such Remainder shall accrue and happen
382    to them respectively in possession as aforesaid provided
383    such Lands so to be Jointured do not nor shall exceed the
384    value of One hundred pounds a year for every one thousand
385    pounds and so in proportion for any greater or lesser sum
386    than one thousand pounds such son or sons shall actually
387    and bona fide receive as the Marriage portion or portions
388    of his of their Wife or Wives and so as the same be made
389    and Granted under proper conditions and Restrictions to
390    prevent Waste And whereas by the said Indenture
391    Quinque partite bearing date on or about the twenty first day
392    of April one thousand seven hundred and forty four herein
393    before mentioned All my said Manors or Lordships Messuages
394    Lands Tenements and hereditaments comprized in the said
    [Page 9]
395    Term of Twelve hundred years stood limited to Jonathan
396    Rashleigh and Harry Trelawny Esquires their Executors
397    Administrators or Assigns for a Term of One thousand years
398    upon Trust for raising seven thousand pounds for John
399    Buller Francis Buller and William Buller the younger sons
400    of John Francis Buller Esquire deceased and Rebeccah Ann
401    Mary and Elizabeth Buller the four daughters of the said
402    John Francis Buller which said sum of seven thousand
403    pounds and all Interest due for the same hath been paid
404    off and discharged by me and the said Term of one thousand
405    years hath been since duly assigned to certain Trustees in
406    Trust to attend and wait upon the Fee simple and Inheritance
407    of the same premisses and which same premisses from and
408    after my decease were limited to the use and behoof of the
409    said Benjamin Bathurst and Sir John St Aubin now
410    deceased their Executors Administrators and Assigns for and
411    during and unto the full End and Term of Twelve hundred
412    years from thence next Ensuing and fully to be compleat and
413    Ended without Impeachment of Wast Upon Trust that they
414    the said Benjamin Bathurst and Sir John St Aubin or the
415    Survivor of them or the Executors of Administrators of such
416    Survivor should after my decease by the ways and means
417    therein mentioned there out Levy and Raise for the portion
418    or portions of the child or children of me the said James
419    Buller on the Body of my said Wife Jane who should be
420    living or in ventre samere at the time of my death the
421    several sums of money therein and herein after mentioned
422    that is to say in case there should be but one such child
423    the sum of Eight thousand pounds and if there should be
424    two such children the sum of Ten thousand pounds and if
425    there should be three or more such children the sum of
426    Twelve thousand pounds for the portions thereby provided
427    for two or more such children to be divided between or
428    amongst them in such parts shares and proportions as I the
429    said James Buller should by any deed or deeds or by my
430    last Will and Testament in Writing only Executed direct
431    limit or appoint and for want of such direction Limitation
432    or appointment Equally to be divided between or amongst
433    them share and share alike and the portion or portions
434    of such Child or Children to be paid at such time and times
435    and in such manner and with such benefit of Survivorship
436    as therein is for that purpose mentioned and from and
437    after the End Expiration or other sooner determination of
438    the said Term of Twelve hundred years to the use and
439    behoof of me the said James Buller my heirs and Assigns
440    for ever Now I the said James Buller in pursuance of the
441    power in and by the said recited Indenture quinquepartite
442    bearing date the said Twenty first day of April one
443    thousand seven hundred and forty four reserved touching
444    the said sum of Twelve thousand pounds and all other
445    powers me thereunto enabling do by this my last Will and
446    Testament by me duly Executed direct limit and appoint
    [Page 10]
447    Twenty one pounds part of the said sum of Twelve thousand
448    pounds to my said son John Buller and the sum of Twenty
449    one pounds other part of the said sum of Twelve thousand
450    pounds to my said son Francis Buller and the sum of Twenty
451    one pounds other part of the said sum of Twelve thousand
452    pounds to my son Edward Buller and my Will and Mind is
453    that my said sons John Buller Francis Buller and Edward
454    Buller or any of them shall not have or be Intitled unto any
455    other or greater part of Share of the said Sum of Twelve
456    thousand pounds that the part of Share so by me herein
457    before to them respectively directed limited and appointed and
458    that the said sum and sums of money so by me directed
459    limited and appointed to them my said sons shall be accepted
460    and taken by them respectively in full satisfaction and
461    discharge of his their and each of their share or proportion
462    of the said sum of twelve thousand pounds and of all and every
463    other Sum and Sums of money to be raised by virtue of the
464    said Term of Twelve hundred years And all the rest residue
465    and remainder of the said Sum of Twelve thousand pounds I
466    do by this my will direct limit and appoint to and for the
467    sole use and benefit of my daughters Jane Buller Mary
468    Buller and Catherine Buller and all and every other the child
469    and children of me the said James Buller which I shall
470    hereafter have by my said Wife Jane who shall be living or in
471    ventre samere at the time of my death Equally to be divided
472    between or amongst them share and share alike to be paid
473    at such time or times and in such manner and with such
474    benefit of Survivorship in case of the death of any one or
475    more of my said daughters or such other my said child or children
476    which I shall hereafter have by my said wife who shall be
477    living or in ventre samere at the time of my death before the
478    age of Twenty one years as in the said recited Indenture
479    Quinquepartite is for that purpose mentioned Item I give
480    devise and bequeath unto the Reverend William Daddo and the
481    Reverend Christopher Churchill both of the parish of Saint
482    Thomas in the County of Devon Clerks and to the Survivor of
483    them and to the Executors Administrators and Assigns of
484    such Survivor All the Estate Right title and Interest which I
485    the said James Buller have in the tythes of Saint Stephens
486    and the Sanctuary Manor by Salt Ash under or by virtue
487    of a Lease granted to me by the dean and Cannons of
488    Windsor upon Trust that they the said William Daddo and
489    Christopher Churchill and the Survivor of them and the
490    Executors and Administrators of such Survivor shall Assign
491    the same unto my Son Edward Buller when and as soon as
492    he shall attain the age of Twenty one years for his own
493    proper use and benefit and in case my said Son Edward
494    Buller shall happen to dye before he shall attain his said
495    age of Twenty one years Then and in such case upon Trust
496    that they the said William Daddo and Christopher Churchill
497    and the Survivor of them and the Executors and Adm[inistrat]ors of
498    such Survivor shall assign all my said Estate Right Title
    [Page 11]
499    and Interest of in and to the said Tythes of Saint Stephens
500    and the said Sanctuary Manor to such person as shall on the
501    death of my said son Edward be seized in possession of my
502    said Capital Messuages of Morvall and Kings Nympton
503    aforesaid under and by virtue of this my Will and in the
504    mean time In Trust that they the same William Daddo and
505    Christopher Churchill and the survivor of them and the
506    Executors and Administrators of such survivor shall during
507    and until my said son Edward Buller shall attain his said
508    age of twenty one years pay and apply the Rents Produce
509    and profits of all those my said Tythes of Saint Stephens
510    and Manor of Sanctuary or so much or such part or parts
511    thereof as my said Trustees shall in their discretion think
512    fit and reasonable for and towards the Maintenance and
513    Education of my said son Edward Buller. Item I also give
514    devise and bequeath unto the said William Daddo and
515    Christopher Churchill and the Survivor of them and the
516    heirs Executors and Administrators of such Survivor all my
517    Estate Right Title and Interest of in and to the Tythes of
518    Morvall in the said County of Cornwall In Trust that they my
519    said Trustees or the Survivors of them and the Executors and
520    administrators of such Survivor shall from time to time
521    and at all times after my death hold and Enjoy the same In
522    Trust and to and for the use and benefit of such person
523    and persons as shall from time to time stand and be seized
524    and in possession of my said Capital Messuages of Morvall
525    and Kings Nympton aforesaid. Item I give and bequeath
526    unto all and every my Menial Servants who shall live
527    with me at the time of my death one Quarter of a years
528    wages over and besides what shall be due and owing to
529    them respectively at my death. And whereas my said
530    Tythes of Crantock hereinbefore by me devised to or for the
531    use of my said son Francis Buller do with my said
532    Barton of Morvall and other Lands and hereditaments
533    of me the said James Buller stand charged with the
534    payment of one annuity or yearly Sum of Three hundred
535    pounds to my Brother Francis Buller Esquire for and
536    during the Term of his natural Life It is my Will desire and
537    request and I do hereby Will order and  direct that the said
538    annuity or yearly Sum of Three hundred pounds shall be
539    wholly raised and paid to my said Brother Francis Buller
540    for and during his Life by and out of the Rents Issues and
541    profits of my said Barton of Morvall and other the Lands
542    and hereditaments comprized in such security Exclusive of
543    my said Tythes of Crantock and that my said son
544    Francis Buller shall from and after my death Receive or
545    be permitted to Receive to and for his own use and benefit
546    yearly and every year during the said Term of Eighty years
547    hereinbefore mentioned and all and singular the said
548    Tythes of Crantock arising growing renewing and increasing
549    or Rents Issues and profits thereof Free and clear of and
550    from the payment of all or any part or parts of the said
    [Page 12]
551    annuity of Three hundred pounds and in case it shall happen
552    that all or any part or parts of the said Annuity shall at any
553    time or times after my death be raised or paid out of the Tythes
554    of Crantock or out of the Rents or profits there of then and as
555    often as the case shall so happen I do will order and direct
556    that they the said William Daddo and Christopher Churchill and
557    the Survivor of them his heirs Executors or Administrators
558    shall and do from time to time and as often as the case shall
559    so happen by and out of the Rents and profits of the Rest
560    and Residue of my Real and Chattel Estate and the rest and
561    residue of my personal Estate hereinafter by me devised and
562    bequeathed to them satisfy and pay unto my said son Francis
563    Buller so much money yearly as shall be so raised out of the
564    said Tythes of Crantock for and towards satisfying and
565    paying of the said annuity to my said Brother Francis Buller
566    Item all other my Messuages Lands Tenements and heredit[amen]ts
567    situate lying and being in near or adjoining to the Borough
568    of Salt Ash in the County of Cornwall and also all that my
569    Manor or reputed Manor or Lordship of Banwell in the
570    County of Somerset and also all that Tenement called Staceys
571    Tenement in the parish of Crediton in the County of Devon
572    which I hold by Lease under the Church of Exeter with their
573    and every of their Rights Members and Appurtenances
574    and all the rest and residue of my Real and Chattel Estates
575    whatsoever not hereinbefore by me Given and devised and
576    all my Goods Chattels household and other Furniture Stock
577    deer in the park the diamond Necklace and Ear Rings which
578    I formerly purchased of Mr Lacam And all my Jewells (Except
579    the small pair of diamond Ear Rings and Gold Watch herein
580    before by me given to my said Wife) and all my Plate
581    Ready money and Securities for money Terms and Interests in
582    any Terms of years which I or any person or persons In
583    Trust for am are or shall be possessed of Interested in or
584    Intitled unto at the time of my death And all other my
585    personal Estate I give devise and bequeath the same and
586    every part and parcel thereof and all my Estate Right title
587    and Interest therein unto the said William Daddo and
588    Christopher Churchill and the Survivor of them and the
589    heirs Executors and Administrators of such Survivor upon
590    Trust that they the said William Daddo and Christopher
591    Churchill and the Survivor of them and the heirs Executors
592    and Administrators of such Survivor shall and do by and
593    out of the Rents Issues and profits of my said Messuages
594    Lands Tenements hereditaments and premisses lying and
595    being in near or adjoining to the said Borough of Salt Ash
596    and my said Manor or Lordship of Banwell and of my
597    said Tenement called Staceys Tenement and all the Rest
598    and Residue of my said Real and Chattel Estates and by
599    and out of my said personal Estate or the Interest or produce
600    thereof pay and discharge as soon as conveniently may be
601    all my debts Legacies and Funeral Expences And also satisfy
602    and pay from time to time unto my said son Francis Buller
603    [Page 13]
604    all such sum and sums of money as shall at any time or
605    times after my death be raised or paid out of the said Tythes
606    of Crantock or out of the Rents Issues or Profits thereof
607    hereinbefore given and devised to or to the use of or In
608    Trust for my said son Francis Buller as aforesaid for or
609    towards Satisfying or paying of the said annuity of
610    Three hundred pounds to my said Brother Francis Buller
611    and also pay off and discharge the sum of one thousand
612    five hundred pounds and all Interest due and to grow
613    due for the same secured by Mortgage made by me to
614    Bartholomew Jeffrey late of Exeter in the County of Devon
615    Esquire since deceased and my Will and Mind is and I do
616    will order and direct that when and as soon as the said
617    principal sum of One thousand five hundred pounds and
618    Interest as aforesaid shall be fully paid and Satisfied the
619    Estate and premisses comprized in such Mortgage or
620    Security shall be thereupon assigned to some person or
621    persons In Trust to amend the Inheritance of the same
622    premisses to the End and Intent that the same from and
623    after such assignment made shall and may be for ever
624    thereafter held and Enjoyed Freed and Discharged of and
625    from the said Mortgage or Incumbrance and my further
626    Will and Mind is and I do hereby Will Order and direct
627    that the said William Daddo and Christopher
628    Churchill and the Survivor of them and the heirs
629    Executors and Administrators of such Survivor do and
630    shall by and out of the Rents Issues and profits of my
631    said Real and Chattel Estates and the Residue of my
632    said personal Estate for the benefit of my said son
633    Edward Buller and of every other person and persons
634    to whom I have hereinbefore devised or limited the Estate
635    and Interest which I have in the said Lease of Saint
636    Stephens under the dean and Cannons of Windsor within
637    one year after my death Renew and fill up the said
638    Term or Lease to and for the Term of Twenty one years
639    In case the said dean and Cannons shall be willing to
640    fill up or Renew such Lease and to pay such Fine or
641    sum of money to the said dean and Cannons for such
642    Renewall as aforesaid as they the said William Daddo
643    and Christopher Churchill or the Survivor of them his
644    heirs Executors or Administrators shall in that behalf
645    Judge reasonable and upon this further Trust and
646    Confidence that they the said William Daddo and Christopher
647    Churchill or the survivor of them his heirs Executors and
648    Administrators from and after payment and discharge of
649    the said debts Legacys and sums of money hereinbefore men[t]ioned
650    and the Costs and Charges which they my said Trustees or
651    any of them shall or may have been at or shall be put
652    unto in or about the Execution of All or any the Trusts
653    hereby Reposed in them do and shall with all convenient
654    speed convey assign make over and deliver unto my said
655    son John Buller his heirs Executors Administrators and
    [Page 14]
656    assigns in case he shall be then Living and shall have
657    attained his age of Twenty one years or as soon after as he
658    shall have attained that age or in case of the death of my
659    said son John Buller before he shall have attained such age
660    To such person and to the heirs Executors Administrators and
661    assigns of such person as shall next after the decease of my
662    said son John Buller be first seized and possessed of my Capital
663    Messuages or Mansion houses of Morvall and Kings
664    Nympton under and by virtue of this my Will when and as
665    soon as such person shall attain the like age of Twenty one
666    years all the rest and residue of my Real Chattel Leasehold
667    and personal Estates which shall then Remain in their or
668    any of their hands Custody power or possession unapplied
669    and undisposed of and it is my further Will and Mind that
670    in case my said son John Buller shall within six months
671    next after my decease by writing under his hand and Seal
672    to the Satisfaction and good Liking of the said William
673    Daddo and Christopher Churchill or the Survivor of them or
674    the Executors or Administrators of such Survivor Secure to
675    be paid all and every my said debts Legacies Funeral
676    Expences and the said sum of one thousand five hundred
677    pounds and Interest or so much thereof as shall remain
678    due and to Renew and pay the Fine on Renewal of the
679    said Lease hereinbefore by me directed to be paid and to
680    Indemnify my said son Francis Buller and the said
681    Tythes of Crantock of from and against the payment of
682    all or any part of the said annuity of Three hundred pounds
683    to my said Brother Francis Buller, than then and in such
684    case they the said William Daddo and Christopher
685    Churchill and the survivor of them his heirs Executors
686    and administrators shall convey assign make over and
687    Tender unto my said son John Buller his heirs Executors
688    Administrators and Assigns all and every my Real Chattel
689    and Leasehold Estates household and other Goods Furniture
690    Stock Jewells Plate Money and other my said personal
691    Estate so devised to them for the purposes aforesaid provided
692    also and my Intent and meaning is that so much of the
693    Rents and profits of the said Chattel and Leasehold premisses
694    and the profits Interest and produce of the other parts of my
695    personal Estate as shall not be necessary or thought fit or
696    convenient in the discretion of my Trustees to be laid out in
697    the Maintenance and Education of my said sons as afores[ai]d
698    shall be laid up by my said Trustees and the Survivor of
699    them and the Executors and Administrators of such survivor
700    and be put out at Interest on Government or Real Securities
701    and that the principal of what shall be so put out and also
702    the Interest attending the same shall follow the dispositions
703    and be subject to such and the like applications as are herein
704    before made and directed concerning such Trust Estates
705    respectively as aforesaid and my said Trustees and the
706    survivor of them and the Executors and Administrators of such
707    Survivor shall and may Call in after Vary Change and Renew
    [Page 15]
708    any of the said securities on which such money shall
709    be so put out or Lent as aforesaid as from time to time they shall
710    so think fit or see necessary and my Will also is that my said
711    Trustees and the Survivor of them and the Executors and
712    Administrators of such Survivor shall and may during the
713    respective Minoritys of my Sons respectively as aforesaid
714    Lease or demise either for any Term or Number of Years not
715    exceeding Twenty one years in possession All or any part of
716    the said Chattell and Leasehold Estates under the most
717    improved Annual Rents payable Quarterly or otherwise as
718    shall be agreed upon with proper Clauses of Entry and
719    distress for Nonpayment of the Rent and under such other
720    Covenants and Reservations their Executors and Adm[inistrat]ors
721    shall be Indemnified and saved harmless and Repay
722    themselves all costs charges and Expences out of the said
723    Trust Estates which they shall severally be put unto or
724    suffer any wise relating to or concerning the Trust afores[ai]d
725    and they my said Trustees shall not be liable to answer
726    for the Receipts Acts of doings of one another but each for
727    himself and his own Receipts actings and doings only
728    Nor shall they or either of them be chargeable for any
729    more Monies than they shall respectively and actually
730    Receive (their Joining for Form sake in Receipts
731    notwithstanding) Nor shall they or either of them be
732    answerable for the Insufficiency or Failure of any Tenant
733    or Tenants of any part of parts of the said premisses so
734    to be demised and Leased by them as aforesaid or by
735    reason of any part of the premisses being at any time
736    untenanted Nor for the Insufficiency of Failure of any
737    of the Real Securities on which the said Trust moneys
738    shall be so Lent as aforesaid without their wilful default
739    or Neglect Nor for the Fall or Insufficiency of Failure or
740    alteration of any Government Security And that they my
741    said Trustees their Executors and Administrators shall be
742    secured again and indemnified from all covenants and
743    agreement which they or either of them shall give or
744    enter into or make for the better Satisfaction of any
745    person or persons who shall take or have any Lease or
746    Leases of any part of the said Leasehold premisses from
747    them my said Trustees and my Will and meaning further
748    is that for the last of my said Trustees they or any of
749    them shall and may from time to time as there shall be
750    occasion deposit for the better and more convenient custody
751    thereof in the Bank of England or in the hands of any
752    Banker or Bankers of good Note and Reputation any
753    sum or Sums of money which shall or may come to their
754    or either of their hands by from or out of or in respect of
755    the said Trust Estate until such Monies can be laid out
756    and an Advantage can be made thereof upon such
757    Government or Real Securities as aforesaid and my said
758    Trustees or either of them shall not be Subject to any Loss
759    or damage which shall or may happen to such Trust Estate
760    by
    [Page 16]
761    by their or either of their so doing or by the Failure of any
762    Banker or Bankers and I do hereby nominate constitute
763    and appoint my said son John Buller sole Executor of this
764    my Will In Witness whereof I have to two parts of this my
765    will each written upon three Skins of Parchment, to the two
766    first skins whereof I have set my hand and seal this
767    thirtieth day of March one thousand seven hundred and
768    sixty four James Buller Signed sealed published and
769    declared by the said James Buller the Testator as and for
770    his last Will and Testament in the presence of us who in his
771    presence and at his request and in the presence of each
772    other have set our names as Witnesses thereto the said
773    Testator having first set his Name to the two first Skins
774    and his hand and seal to the last Skin thereof John Child
775    Saml Harris Wm Harris
776    This is a Codicil to be annexed to the last Will and
777    Testament of me James Buller of Kings Nympton in the
778    County of Devon Esq bearing date thirtieth day of March
779    in the year of our Lord one thousand seven hundred and
780    sixty four and which I Will and declare shall be deemed
781    and taken as part thereof. Whereas I am seized in Fee of
782    and in the Advowson and Right of Patronage of the parish
783    and parish Church of Lanreath in the County of Cornwall
784    and also of and in divers Messuages Lands and
785    hereditaments lying within the Town and Borough of
786    Plymouth and in the several parishes of Beere Alston
787    Beere-Ferris and Tamerton-Holiet and also of and in the
788    Moiety of a Messuage or Tenement called Garland lying
789    within the parish of Chulmly in the said County of Devon
790    Now I do hereby give and devise the said Advowson and
791    Right of Patronage and all my Messuages Lands and
792    hereditaments lying in the said Town or borough of
793    Plymouth and the said several parishes of Beer alston
794    Beere Ferris and Tamerton Foliet and also the said Moiety
795    of the said Messuage or Tenement called Garland unto
796    my second son John Buller his heirs and assigns for
797    ever And whereas on or about the fifth day of April
798    last past I entred into a Contract with John Stevens for the
799    purchase of all that the Chapple of Saint Margaret of
800    Isleham in the County of Cambridge with the site and
801    circuit of the same Chapple and all Mansions Messuages
802    Barns Stables houses dwelling houses Buildings Orchards
803    Gardens Lands Tenements Meadows Feedings pastures
804    commons Fen Grounds Tyths Fruits Oblations Obventions
805    Emoluments Commodities and hereditaments thereto belonging
806    for the Residue of a Term of Twenty one years in such contract
807    mentioned for the sum of Fifteen hundred pounds under the
808    Rents Covenants and Reservations in the Lease thereof
809    contained Now I do hereby give and bequeath all the said
810    premises comprized in the said contract and all Benefit of
    [Page 17]
811    Renewal or other Advantage to be had or gotten for the same
812    unto my said second son John Buller his Executors or Assigns
813    and lastly I do hereby ratify and confirm my said Will and
814    all the devises and Bequests therein as if the same were
815    here again mentioned and repeated in this my Codicil In
816    witness whereof I have hereto set my hand and seal this
817    twelfth day of September in the year of our Lord one thousand
818    seven hundred and sixty four James Buller Signed Sealed
819    published and declared by the said James Buller as and for a
820    Codicil to his last Will and Testament in the presence of us
821    who at his request in his presence and in the presence of each
822    other have set our names as Witnesses hereto John Tossell
823    A: Tossell Samuel Hulland
824    This Will was proved at London with a Codicil
825    the twenty third day of May in the year of our Lord one
826    thousand seven hundred and sixty five before the Worshipfull
827    Peter Calvert doctor of Laws and Surrogate of the Right
828    Worshipfull George Hay doctor of Laws Master Keeper or
829    Commissary of the prerogative Court of Canterbury lawfully
830    constituted by the Oath of John Buller Esquire the son of the
831    deceased and Executor named in the said Will to whom
832    administration was granted of all and singular the Goods
833    Chattels and Credits of the said deceased he having been first
834    sworn duly to administer.
835    Examined with the Original Wills by me Ja: Heseltine

Will of John Buller Esquire of Morval - The National Archives PROB 11/1274/218, probated 9 May 1796

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
    [Page 2]
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
    [Page 3]
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
    [Page 4]
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
    [Page 5]
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
    [Page 6]
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