Will of John Lywood, Esquire, Barton Stacey - The National Archives PROB 11/1776/81, probated 3 Sep 1830

John Lywood (testator) was married to Elizabeth Bennett 6 Dec 1798 at Froyle, Hampshire.

Their children (and all are mentioned in the will below):

John baptized 7 Nov 1799 (born 4 Oct 1799) Andover
Elizabeth baptized 29 Sep 1803 (born 30 Aug 1803) Andover
Leonard baptized 23 Feb 1802 (born 18 Aug 1801) Andover
Mary baptized 25 Jul 1806 (born 4 Apr 1806) Andover

John Lywood married Elizabeth Dowling 1 Jan 1823 at Goodworth Clatford
Elizabeth Lywood married John Lewis 10 Jan 1822 at Barton Stacey
Leonard Lywood married Anne Courtney 9 Nov 1830 at Barton Stacey
Mary Lywood married Anthony Mist Lewis 7 Jul 1825 at Barton Stacey

There are four possibilities for the parents of John Lywood (Testator) on Find My Past (and the first one is eliminated by the last leaving two possibilities one at Knights Enham and one at Chawton):

John Lywood baptized 16 Aug 1752 and the son of Jesse and Mary Lywood at Nether Wallop (married 22 Dec 1760 Jesse Lywood and Mary Cook (widow) at Nether Wallop)
John Lywood baptized 15 Sep 1757 and the son of John and Mary Lywood at Knights Enham (married 21 Oct 1756 John Lywood and Mary Pearce at Knights Enham)
John Lywood baptized 9 May 1760 and the son of John and Ann Lywood at Chawton (married 10 Jul 1759 John Lywood and Ann Cousins at Chawton)
John Lywood baptized 2 Mar 1777 and the son of John and Ruth Lywood at Houghton (married 13 May 1776 John Lywood and Ruth Warwick at Nether Wallop)

Knights Enham is interesting being so close to Andover. However, Froyle where they married is only 4.3 miles NE of Chawton and Andover is 25 miles East of Froyle. So no guesses here on that one!

The will might give us some information on his origins if he mentions siblings. Barton Stacey is 5.5 miles south east of Andover just to place this location. He does not however mention any family other than his children and wife in his will below.

I have no ideas on the ancestry of this Lywood family but I vaguely recall Warwick mentioning that this Hampshire Lywood family may not share ancestry until back before the 1600s. I haven't spoken to him in at least seven years (via email) so he may have more information now and can be found on the Guild of one name studies website.

Transcriber: Elizabeth Kipp
Recorded: 24 Apr 2013
Source: The National Archives, PROB 11/1776/81
Testator:  John Lywood, Esquire
Place: Barton Stacey, Hampshire, England
Type of Record: Will
Date of document: 28 Oct 1826, probated 3 Sep 1830
Read: Electronic copy images
Condition: 19th century English, legible copy

[Margin]: John
[Margin]: Lywood
[Margin]: Esquire
[Margin]: 54

1    This is the last Will and Testament
2    of me John Lywood of Barton Stacey in the parish of Barton Stacey in the County
3    of Southampton Esquire made in sound and disposing mind memory and understanding
4    as follows that is to say First I will and direct that all my just debts the expences of my
5    Funeral and all my testamentary expences as also the pecuniary Legacies by me herein
6    after given shall be paid out of the residue of my personal Estate And it is my will that
7    if such Residue of my personal Estate shall not be sufficient for that purpose the
8    deficiency shall be made good by my Children in equal shares and proportions out of the
9    Estates and property hereinafter devised and bequeathed to them Also I do hereby give and
10    bequeath unto the following persons the under mentioned specific Legacies that is to say To
11    my dear wife Elizabeth Lywood my Single Horse Chaire and Harness and such Horse as
12    shall have been usually driven therein a short time before or at the time of my decease
13    To my eldest Son John Lywood my Gold watch To my youngest Son Leonard Lywood
14    my Silver Watch my Silver Soup Ladle and my Silver Quart Tankard To my eldest
15    daughter Elizabeth Lewis one of my Silver pint Cups and one of my silver half pint
16    Cups To my youngest daughter Mary Lewis my other silver pint Cup and an other silver
17    half pint Cup Also I give and bequeath unto my said wife all my household Goods and
18    Furniture household Implements plate (not hereinbefore disposed of) Silver and China now
19    being or which at the time of my decease shall be in and about my present dwelling
20    house and premises at Barton Stacey aforesaid Also I give and bequeath unto my Son
21    Leonard Lywood all the household Goods and furniture household Implements plate not
22    hereinbefore disposed of Silver and China now being in and about my late dwellinghouse
    [Page 2]
23    at Barton Stacey in the parish of Barton Stacey aforesaid and now in the permitted
24    possession of the said Leonard Lywood Also I give and bequeath unto my present Servant
25    William Hamborn whether he shall be in my Service at the at the time of my decease or not the
26    Legacy or Sum of Twenty pounds To Ann the wife of James Smith of Barton Stacey afores[ai]d
27    the Legacy or Sum of one guinea and to James Bower five pounds if in my Service or that
28    of my Son Leonard Lywood at the time of my decease And whereas my Son in Law
29    John Lewis is indebted to me Two hundred pounds Now I do hereby give and bequeath
30    one hundred pounds part of the said debt to the said John Lewis And I give and bequeath
31    one hundred pounds residue thereof to my Son in Law Anthony Lewis Also I give and
32    bequeath unto my said wife for and during the term of her natural life determinable
33    nevertheless as hereinafter mentioned one annuity or clear yearly Sum of Ninety pounds over
34    and besides all Taxes or Duties payable for or in respect of the same or any part thereof
35    and free and clear from such duties and all charges and deductions whatsoever and which
36    said Annuity or clear yearly Sum of Ninety pounds I do hereby charge upon and make
37    payable out of my Freehold Messuages Farms Lands hereditaments and premises with the
38    appurtenances situate at Upper Clatford in the said County of Southampton called Norman
39    Court Farm by four equal quarterly payments in every year that is to say the twenty fifth
40    day of March the twenty fourth day of June the twenty ninth day of September and the
41    twenty fifth day of December the first payment thereof to be made on such of the said
42    quarterly days of payment as shall first happen next after my decease Also I give and
43    bequeath unto my said wife for and during the term of her natural life determinable
44    nevertheless as hereinafter mentioned One other Annuity or clear yearly Sum of Sixty
45    pounds over and besides all Taxes or duties payable or to be payable for or in respect of
46    the same or any part thereof and free and clear from such Taxes duties and all charges
47    and deductions whatsoever which said last mentioned Annuity or clear yearly Sum of
48    Sixty pounds I do hereby charge upon and make payable out of my Freehold Messuages
49    Farms Lands hereditaments and premises with the appurtenances situate at Barton
50    Stacey aforesaid by the like four quarterly payments in every year by which the said last
51    mentioned Annuity of Ninety pounds hereinbefore charged upon the said hereditaments and
52    premises at Upper Clatford aforesaid to make payable provided always that if the said
53    annuities or clear yearly Sums of Ninety pounds and Sixty pounds or either of them
54    shall be in arrear and unpaid in part or in all for the space of twenty one days next
55    over or after either of the said days of payment on which the same respectively ought to
56    be paid as aforesaid Then and in such case and as often as the same shall happen it shall
57    and may be lawful to and for my said wife Elizabeth Lywood and her assigns over and
58    besides all other remedies which she may be entitled to have or take for recovery of
59    the same to enter into and upon the said several Messuages Farms Lands Tenements and
60    hereditaments with the appurtenances charged with the payment of the same respectively
61    or any part thereof and distrain for such of the said respective annuity or annuities or
62    such part of parts thereof respectively which shall be so in arrear and unpaid as afores[ai]d
63    and the distress and distresses then and there find to impound take lead drive and carry
64    away sell and dispose of according to Law in like manner as in case of Rent in
65    arrear until such Annuity and Annuities respectively and all arrears of the same
66    together with all costs charges and expences attending the making keeping sale and disposal
67    of such distress or distresses shall be fully paid and satisfied provided also that when
68    and as soon as the Annuity or clear yearly Sum of one hundred and fifty pounds
69    hereinafter given to my said Wife shall become payable and my said wife shall be in
70    the actual receipt and perception thereof by virtue of the bequest hereinafter contained
71    Then the said several Annuities of Ninety pounds and Sixty pounds and each of them
72    shall be no longer paid or payable to her and the same severally together with the powers
73    and remedies for recovery of the same respectively shall cease and be determined and void
74    provided also that the said two several annuities or clear yearly Sums of Ninety pounds
75    and Sixty pounds and the Annuity or clear yearly Sum of One hundred and fifty pounds
76    hereinafter given to my said Wife instead of and in lieu of the same in the event of the
77    death of Thomas Bennett Gentleman hereinafter named and as hereinafter mentioned
78    are given and bequeathed to her and shall be by her accepted and taken in full and entire
79    bar and satisfaction of all Dower and right and Title to Dower and Thirds at the
    [Page 3]
80    Common Law which she may have or claim to have into or out of all or any or either
81    of my Freehold Estates but not of her widowhood or Freehold in any Copyhold Estate or
82    Estates which I may be seized or possessed of which it is my will and desire she shall and
83    may hold and enjoy over and besides the said several Annuities or such of them as
84    remain and shall be payable according to the custom of the respective Manor or Manors
85    under which the said Copyhold Estate or Estates are or may be held by me at the time
86    of my decease and subject to the first mentioned Annuity of clear yearly sum of Ninety
87    pounds and the remedies for the recovery of the same determinable nevertheless as herein
88    before and hereinafter mentioned I give and devise my said Freehold Messuages Farms Lands
89    hereditaments and premises situate at Upper Clatford aforesaid unto and to the use of
90    my said eldest Son John Lywood his heirs and assigns for ever Also I give bequeath and
91    confirm unto my said Son John Lywood his executors administrators and assigns all the
92    live and dead Stock and Implements of husbandry corn grain grass and hay and all other
93    my Farming Stock and Effects whatsoever now in the possession of the said John
94    Lywood and which have been for some time past or now art or may at the time of my decease
95    be in or upon or used by my said Son John Lywood by my permission in or about my said
96    Farm Lands hereditaments and premises or any part thereof at Upper Clatford aforesaid and
97    also all such monies as have arisen or been received by my said Son John Lywood or his
98    assigns or which shall or may arise or be raised by him or them by the sale and disposal
99    thereof and subject (as to the said Freehold premises charged therewith) to the said last one
100    mentioned annuity or clear yearly Sum of Sixty pounds and the remedies for recovery of the
101    same determinable nevertheless as hereinbefore and hereinafter is mentioned I give devise and
102    bequeath my said Freehold Messuages Farms Lands hereditaments and premises with the appurtenances situate at Newton Stacey and in the parish of Barton Stacey aforesaid and also all and singular my Leasehold Titles hereditaments and premises with the appurtenances which I hold under the Dean and Chapter of Winchester my Lease of
103    which or part of which I am about to renew with the said Dean and Chapter and all other
104    my leasehold property situate at Newton Stacey and in the parish of Barton Stacey aforesaid
105    unto and to the use of my said Son Leonard Lywood his heirs executors administrators and
106    assigns forever for and during my present or any renewed Estates or Estate and interest in the
107    same respectively according to the nature description and quality of the same Also I give
108    bequeath and confirm unto my said Son Leonard Lywood all the live and dead Stock and
109    Implements of husbandry corn grain grass and hay and all other my Farming Stock and Effects
110    save and except such are hereinbefore specifically otherwise disposed of which have been for some
111    time past or now are or at the time of my decease may be in or upon or used by my said Son
112    Leonard Lywood by my permission in or about the Farms Lands and premises late in my
113    occupation and now in the occupation of my said Son Leonard Lywood at Newton Stacey and
114    in the parish of Barton Stacey aforesaid or any part thereof and also all such monies as
115    have arisen or been received by the said Leonard Lywood or his assigns or shall or may
116    arise and be received by him or them by the sale and disposal thereof  Also I give and devise
117    unto my said daughters Elizabeth Lewis and Mary Lewis and their several heirs and
118    assigns All that my Freehold Messuages Farms Lands hereditaments and premises with
119    the appurtenances situate at or near Leckford in the County of Southampton To hold the
120    same with their and every of their appurtenances unto and to the use of my said daughters
121    Elizabeth Lewis and Mary Lewis and their several and respective heirs and assigns for ever equally
122    share and share alike as tenants in common and not as joint tenants And whereas as heir at
123    Law of my late Sister Mary the late Wife of the said Thomas Bennett or otherwise I am
124    also entitled to an Estate of Inheritance in fee simple expectant upon the decease of the
125    said Thomas Bennett in and to several Freehold Messuages and a Freehold Estate Farm
126    Lands hereditaments and premises with the appurtenances situate lying and being at or near Martyr
127    Worthy aforesaid Now I do hereby give and bequeath unto my said Wife Elizabeth Lywood an annuity or
128    clear year Sum of one hundred and fifty pounds over and besides all Taxes and duties
129    payable or to be payable for or in respect of the same or any part thereof and free and
130    clear of and from such Taxes duties and all charges and deductions whatsoever and which
131    said annuity or clear yearly Sum of One hundred and fifty pounds I do hereby charge
132    upon and make payable out of my said Freehold Messuages Estate Farm Lands heredit-ament]s
133    and premises with the appurtenances at or near Martyr Worthy aforesaid To hold the
134    said annuity or clear yearly Sum of One hundred and fifty pounds unto my said wife
135    Elizabeth Lywood from and after the death of the said Thomas Bennett for and
    [Page 4]
136    during the term of her natural life and to be paid and payable to her by the like quarterly
137    payments and with the like remedies and powers for recovery of the same as is hereinbefore
138    mentioned and expressed respecting the said several annuities of Ninety pounds and Sixty
139    pounds herein before mentioned and subject to the said annuity or clear yearly Sum of one
140    hundred and fifty pounds to my said Wife during her life as aforesaid and to the remedies and
141    powers for recovery of the same I do hereby give and devise the said Freehold Messuages
142    Estate Farm Lands hereditaments and premises with the appurtenances at or near
143    Martyr Worthy aforesaid unto my said daughters Elizabeth Lewis and Mary Lewis and
144    their several heirs and assigns To hold the same with their and every of their appurtenances
145    unto and to the use of my said daughters Elizabeth Lewis and Mary Lewis and their
146    several and respective heirs and assigns for ever equally share and share alike as tenants
147    in common and not as joint tenants Also I give and bequeath all the ready money and
148    cash Notes which I may have in m y house at the time of my decease unto and
149    amongst my said wife and children equally share and share alike to be divided between
150    them as soon as may be after my decease All the Rest Residue and Remainder of
151    my Monies Securities for Money and all other my personal Estate and Effects whatsoever
152    not hereinbefore disposed of I give and bequeath unto my said wife and children upon
153    trust to apply the same and the produce thereof in and towards payment of my just debts
154    Legacies Funeral and Testamentary Expences and in case the same shall be more than
155    sufficient for that purpose to divide the surplus thereof to and amongst them my said
156    wife and children equally share and share alike And I do hereby nominate my said
157    Wife and Children Executors of this my last Will and Testament provided always and I
158    do hereby declare my will to be that in case the said Residue of my personal Estate
159    shall not be sufficient for payment of my pecuniary Legacies just debts and funeral and
160    testamentary expences that any deficiency which  may happen or be in such residue of
161    my said personal Estate for the said purposes or any or either of them shall be paid
162    and made good by my said Children equally share and share alike out of the several
163    devised bequests and other provisions hereinbefore made for them respectively and that
164    the Estates property and Effects hereinbefore given to them respectively shall be chargeable
165    with and subject and liable to the payment of his her or their respective several shares
166    and proportions of such deficiency according to the intent and meaning of this my will and
167    that my said pecuniary Legatees or the pecuniary Legacies to them respectively given
168    shall not be affected thereby or any abatement made from the same in consequence of
169    such deficiency provided also that my said Executors or either of them shall not
170    be answerable or accountable for more of my Estate and Effects than what they shall
171    respectively receive nor with any loss which shall of may happen of the same or any
172    part thereof except such loss happen through their his or her wilful default or neglect
173    nor one of them for the other of them or the acts receipts defaults or disbursements of
174    the other of them and I declare it to be my will and intention that my said Executors
175    and each of them shall and may from time to time by without out of my personal
176    Estate retain and reimburse to himself herself and themselves and also pay to his her
177    or their co-executors all such costs charges damages and expences as they any or
178    either of them shall or may pay sustain lay out expend or be put unto in and about
179    the execution of this my will In witness whereof I the said John Lywood the
181    Testator have to two parts of this my last will and Testament each of them written and
182    contained in six sheets of paper to the first five sheets of each of the said parts set
183    my hand and to the last sheets thereof set my hand and seal the twenty eighth day of
184    October in the year of our Lord One thousand eight hundred and twenty six
185    John Lywood Signed sealed published and declared by the Testator John
186    Lywood as and for his last will and Testament in the presence of us who at his
187    request in his presence and in the presence of each other have hereunto subscribed
188    our names as witnesses thereto James Jolliffe Curate of Barton Stacey Robt Bird
189    Attorney at Law Winchester Charles Russell Clerk to Mr Bird
190    I the said John Lywood the Testator having since the date and
191    publication of my Will above written surrendered the Lease by which I hold my
192    Leasehold Tytles hereditaments and premises at Barton Stacey and in the parish
    [Page 5]
193    of Barton Stacey in the County of Southampton under the Dean and Chapter of Winchester
194    given and devised by my said will to my said Son Leonard Lywood and taken a renewed
195    Lease of the saide premises for another Term of years in the said Renewed Lease mentioned I
196    do hereby give and devise the said Tytles hereditaments and premises with the appurtenances
197    to the said Leonard Lywood his executors administrators and assigns during all my estate and
198    interest therein and in all other respects I do hereby confirm my said will In witness
199    whereof I have to this codicil to my said will set my hand and seal this thirteenth day of
200    december in the year of our Lord one thousand eight hundred and twenty six John Lywood
201    Signed sealed published and declared by the said John Lywood the Testator as and for a
202    Codicil to his last Will and Testament in the presence of us who at his request in his presence
203    and in the presence of each other have hereunto subscribed our names as witnesses thereto
204    Robt Bird Jane Bird C Russell
205    I John Lywood now residing at Barton Stacey in the county of Southampton
206    Esquire being of sound mind and memory do make this further Codicil to my last Will and
207    Testament bearing date the twenty eighth day of October one thousand eight hundred and twenty
208    six as follows whereas I have declared in and by my said will that all my just debts the expences
209    of my Funeral and all my testamentary expences as also the pecuniary Legacies by me therein
210    given should be paid out of the residue of my personal Estate and that if such residue of
211    my personal Estate should not be sufficient for that purpose the deficiency should be made
212    good by all my children in equal shares and proportions out of the Estates and properties
213    therein devised and bequeathed to them and I did in and by my said will further declare
214    that any deficiency which might happen or be in such residue of my said personal Estate
215    for payment of the same pecuniary Legacies just debts funeral and testamentary expences
216    should be paid and made good by my said children equally share and share alike out of
217    the several devised bequests and other provisions therein made for them respectively and
218    that the Estates therein given to them respectively should be chargeable with and subject
219    and liable to the payment of his her of their respective several shares and proportions of
220    such deficiency Now I do hereby revoke and make void so much and such part and
221    parts only of the said declaration or declarations in my said will contained in which
222    it is declared to be my will that such deficiences should be made good by all my said
223    children equally share and share alike and that the Estates property and Effects therein
224    given to them respectively should be chargeable with and subject and liable to the
225    payment of his her or their several shares and proportions of such deficiency and instead
226    and lieu thereof do hereby declare my will to be that such deficiency shall be borne paid and
227    made good by my said children in manner and by the proportions following that is to
228    say one third part thereof by my Son John Lywood one other third part thereof by
229    my Son Leonard Lywood and the remaining third part thereof by my daughters
230    Elizabeth Lewis and Mary Lewis in equal shares and proportions and that such
231    deficiency shall be charged and chargeable upon the Estates property and Effects herein
232    before given to them the said John Lywood Leonard Lywood Elizabeth Lewis and
233    Mary Lewis in such shares and proportions hereby lastly above expressed accordingly
234    and I do hereby confirm my said Will and my other codicil made thereto on the
235    thirteenth day of december one thousand eight hundred and twenty six in all other respects
236    whatsoever In witness whereof I the said John Lywood the Testator have to this
237    codicil to my last will and Testament written and contained in two sheets of paper to the
238    first sheet thereof set my hand and to the second and last sheet thereof set my hand a
239    seal this eighteenth day of december in the year of our Lord one thousand eight hundred
240    and twenty seven John Lywood Signed sealed published and declared by the said
241    John Lywood the Testator as and for a Codicil to his last Will and Testament in the
242    presence of us who at his request in his presence and in the presence of each other have
243    hereunto subscribed our names as witnesses thereto James Jolliffe Robt Bird
244    C Russell Clerk to Mr Bird
245    I the above named Testator John Lywood do make this further codicil to
246    my will that is to say I revoke and make void the Legacy by my said will given to
247    my Servant Ann Smith and in all other respects confirm my said Will Witness my hand
    [Page 6]
248    this ninth day of October one thousand eight hundred and twenty eight John
249    Lywood
250    I John Lywood now residing at Barton Stacey in the County of
251    Southampton Esquire being of sound mind and memory do make this further Codicil to my
252    last Will and Testament bearing date the twenty eighth day of October one thousand eight
253    hundred and twenty six as follows whereas in and by my said Will I gave unto Ann
254    the wife of James Smith of Newton Stacy in the Parish of Barton Stacey aforesaid
255    the legacy or sum of one guinea Now I do hereby revoke and make void the said legacy
256    and whereas in and by my said Will after writing that my Son in Law John Lewis
257    was indebted to me two hundred pounds I gave and bequeathed one hundred pounds
258    part of the said debt to the said John Lewis and one hundred pounds residue thereof
259    to my Son in Law Anthony Mist Lewis thereby called Anthony Lewis and whereas the
260    said John Lewis is about to pay off the said debt and it is my intention thereupon
261    to give one moiety of the said Two hundred pounds to the said John Lewis and
262    the other moiety to the said Anthony Mist Lewis for their immediate advancement
263    Now I do hereby declare that in case such my intentions shall be carried into effect
264    during my life that the said bequest of the said Sum of Two hundred pounds to the said
265    John Lewis and the said Anthony Mist Lewis in the proportions aforesaid shall be
266    void and of none effect And I confirm my said Will in all respects wherein the same is
267    not altered by this or any other codicil thereto In witness whereof I have to this
268    further codicil to my last Will and Testament set my hand and seal this thirtieth day of
269    October in the year of our Lord one thousand eight hundred and twenty eight John
270    Lywood signed sealed published and declared by the said John Lywood the testator
271    as and for a further codicil to his last will and Testament in the presence of us who at
272    his request in his presence and in the presence of each other have hereunto subscribed our
273    Names in Witness thereto Robt Bird Attorney at Law Winchester C Russell
274    Clerk for Mr Bird
275    Proved at London with 4 Cod[ici]ls 3rd Sept 1830 before the Judge by the oaths of John
276    Lywood and Leonard Lywood the Sons two of the Executors to whom Admon was
277    granted having been first sworn by comm duly to adm[iste]r power reserved of making the
278    like Grant to Elizabeth Lywood widow the Relict Elizabeth Lewis (wife of John Lewis)
279    and Mary Lewis (wife of Anthony Mist Lewis) the daughters the other Executors when they or
280    either of them shall apply for the same

Will of Richard Buller Esquire of Shillingham - The National Archives PROB 11/38/36

The next three wills are the set of Richard-1, Richard-2 and Richard-3. This first will was written by Richard Buller in the month of November he says and in the year One thousand five hundred and fifty five. This Richard is the father of Francis-1 married to Thomasine Williams and Francis and Thomasine lived at Pelynt, Cornwall.

Richard-1 was married to Margaret Trethersse the daughter and coheir of Thomas Trethersse (and she was the widow of Edward Courtney of Landrake, and one of the coheirs of Edward Courtney last Earl of Devon). They had three children Francis-1, Peter and Mary the wife of Thomas Wise of Sidenham, Knight. Peter died without heirs so I know that this line at this point in Cornwall is not my line. I am still most interested in the Somerset line but wanted to be sure to eliminate all lines in Cornwall and Devon.

He links back to the Somerset family with his reference to his Uncle Thomas Buller. His sister Maria is married to Thomas Abington. His mother was Elizabeth Horsey hance the reference to the Horsey family I expect. His death is recorded on the Visitation as 9 Dec 1556 with the Inquisition postmortem being 2 and 3 Philip and Mary (1557/1558)

Transcriber: Elizabeth Kipp
Recorded: 4 Feb 2013
Source: The National Archives, PROB 11/38/36
Testator: Richard Buller
Place:, Cornwall, England
Date of document:  Nov 1555, probated 12 May 1557
Read: Electronic copy images
Document quality: 16th century English, legible copy

[Margin]: T[estament]
 [Margin]: Richardi Buller

1    In dei nomine Amen in the moneth of Novemb[e]r in the yere of o[u]r Lorde god A
2    Thousande fyve hundreth fiftie and fyve / I Rychard Buller of the Countie of Cornwall Esquier
3    being of hole mynde and parfitte memorye do ordeyn and make my testament contayning my
4    Last will in maner and forme folowing First I bequeth my soule unto Almyghtie god / and to all
5    the holy company of heaven / and my bodye to be buried in Christen buriall / and I do here declare
6    this my last will and Testament in maner and forme folowing / And of this my testament and last
7    will. I do constitute ordeyne and make my wief Margaret Buller my full and hole Executrx
8    And I do ordeyne and make my very frends S[i]r John Horsey and S[i]r William Goodolphen knights
9    Renald Mone John Buller John Trelawney John Reskymer Peter Corteney George
10    Keckeweche and Thomas Malet Esquyers my overseers for the p[er]formance of this my last will and
11    Testament / Also I give and bequethe unto my sonne Franncis Buller and to his heires and assignes
12    all those Lease which at the making hereof I do enjoie or have / the whiche leases I do will that
13    my said wief shall receave and enjoie the profitts thereof to the use and behove of my said sonne untill
14    he come to the age of xx th yeres / And if it happen that my said wief shuld dye before the said Franncis
15    come to the said age of xx yeres Then I do appoynte the fore named Sir John Horsey Sir William
16    Goodolphen knights Renald Mone John Buller John Trelawney John Reskymer Peter Corteney
17    George Keckewich and Thomas Mallet Esquiers to recyve the Rents Isues and profitts of the said
18    Leases to the use and behove of the said Franncis untill he come to the said age of xx yeres / And if it
19    happen the said Franncis to dye withoute yssue of his bodye lawfully begotten then my will is
20    the said Leases shall remayne unto Mary my dawghter and to her heires and assignes / And if it
21    happen the said Mary to dye without yssue of hir body lawfully begotten then my will is that
22    three of the said Leases that is to saye Spours Torton Stonemeade and Anthony shall remayne
23    unto my sonne in Lawe Edward Corteney and to his assignes / And the lease of Talent to remayne
25    to my cosyn John Buller and to his assignes being nowe the seconde sonne of my nephew John
26    Buller Esquier / And also I bequeathe unto Marye my dawghter twentie pounds in old gold and
    [Page 2]
27    my best silver cuppe and my best silver salte and a dosen of my beste sylver spoones / And also I geve one
28    hundreth poundes of Lawful money of England towards the marying of the said Mary to be levied upon
29    the manors of Shillingham and Trelsan lyenge and being with in the countie of Cornewall and woodl-
30    and Roles in the countie of Devon / And also I do give unto my sonne in lawe Edward Corteney ten pounds
31    to be levyed upon my moveable goodes / And also I do give to every one of my servants his half yeres wage
32    Also I give my bracelet of gold being uppon my arme unto Mary my dawghter / Also I bequeth
33    unto my sister Albington half a dosen of silver spones and a ringe being in her kepinge / And also I give
34    and bequethe my best gown and my best set of velvet unto Edward Corteney / Also I give and bequethe
35    unto my uncle Thomas Buller my clothe gown furred with martens / And also I give to each godsonne
36    and goddaughter of myn vi s viij d / And also I do give to fowre of the next p[ar]isshes to my howse xiij s iiij d
37    equally to be devyded unto the poore people by the honest persons of the said p[ar]isshes / And all myn
38    other moveable and unmoveable goodes Before not bequeathed this my present testament p[er]formyd
39    fulfilled I give freely unto Margaret my wief to dispose them so as my children thereby may be
40    the better preferryed / And for the p[er]formance and good execution of this my last will and testament
41    I do give to every of my said overseers xl s / Also I give a Ringe with a Arras unto my sonne in
42    Lawe Peter Corteney / And my mynde is that my chayne of golde shal[l ]be disposed by my said wief
43    Also I give give my capp with Agletts unto my sonne Franncis / And my velvet hate with the broche
44    unto Edward Corteney Thies p[er]sons folowing bering witnes Raynald Monne henry chyverton
45    Thomas Malet and John Talcarne

Will of Francis Buller of Tregarricke - The National Archives PROB 11/212/119, probated 27 May 1650

This next group of three Buller wills I have labeled Francis 2, Francis 3 and Francis 4. I do not know if my Christopher Buller is descendant of this line but not being able to locate him anywhere thus far I decided to read all of them and if I am reading them I might as well transcribe them as I might miss an important detail. Christopher Buller is highly respected by his peers where he is living and often asked to be an executor of wills within the family. He appears to have owned his shop on Tooley Street and supplied slops to sailors one would assume given the occupation. Slops being their clothing as it was thus referred to.

Although he married Mary Beard and they baptized all of their children at St Mary Magdalen in Bermondsey, he buried his two infant children and his first wife and had himself buried at St Olave Southwark. The Parish Registers at LMA are one of my must sees when next we are in England as the time period in which he lived are not yet online (if they exist and they appear to at LMA). He was buried in 1832 at the age of 69 giving him a likely birth year around 1763 and that is the most information that I have on his early years.

Francis Buller married Sybill Nicholls the daughter of John Nicholls of St Kew. They had five sons and two daughters who are mentioned in this will: namely, 1. Francis, 2. John, 3. Richard, 4. Peter and 5. Philip and 1. Anne (married to Hancock) and 2. Thomasine. Francis was a brother to Sir Richard Buller of Shillingham and it is his son Francis and grandson Francis that are mentioned in this will as the nephews of the testator. Francis (testator) appears on the Visitation of Cornwall in the lengthy Buller entry but only to list his family. They are not extended into the next generation. He is a possibility as an ancestor of my Buller line. As a younger son of Francis Buller and his wife Thomasine Williams of Shillingham who died 28 Sep 1616 it was his older brother Sir Richard who inherited primarily from his father.

This Buller line traces back to Ralfe Buller of Wood (Somerset) and by the third generation following his great grandson John married Alice Beauchamp the heir of her father John Beauchamp to property in Lillesdon Somerset. The line continues at Lillesdon (and the possibility that I am descendant of one of these families as there are also many lines in the earlier family as well) until the marriage of Richard Buller and Margaret Tretherslie (daughter of Thomas Tretherslie and widow of Edward Courtney). It was their son Francis Buller of Shillingham that was the father of this Francis and Sir Richard. There are so many many possibilities for one of these Buller lines to be ancestral to Christopher Buller of St Olave Southwark. Many of the lines are not traced down in the Visitation. The full test of the visitation of the county of Cornwall can be found on books.google.com:

http://books.google.ca/books/about/The_visitations_of_Cornwall.html?id=t0U7AQAAIAAJ&redir_esc=y

and is downloadable from there.

Transcriber: Elizabeth Kipp
Recorded: 27 Jan 2013
Source: The National Archives, PROB 11/212/119
Testator: Francis Buller
Place: Tregarricke, Cornwall, England
Date of document: 22 Nov 1649, probated 27 May 1650
Read: Electronic copy images
Document quality: 17th century English, legible copy

[Margin]: T: Francis
[Margin]: Buller

1    In the name of God Amen
2    The twoe and twentieth day of November in the yeare of our Lord God one thousand
3    six hundred Forty nyne I Franncis Buller of Tregarricke in the County of Cornwall
4    Esq[uie]r haveing before me the uncertainty of my continuence in this world And knowing
5    that it is as naturall for man to dye as to be borne And desireing to sett my house in
6    order that peace may continue in my family after my decease doe in the feare of gods
7    holy name, now in the time of my perfect minde and memory make and ordaine this
8    my last will and testament in manner and forme following. First I bequeath my
9    soule into the hands of the Almighty god my creator and Redeemer hopeing assuredly
10    to receive eternall life through Jesus Christ my alone Saviour And my body to bee
11    buried in the Chancell of Pilint Church Item I give to the poore of Pelint twenty
12    shillings To the poore of Lansellos tenn shillings To the poore of St Kew tenn
13    shillings And to every poore at my buriall two pence Item I give to my Servants five
14    pounds to be distributed amongst them as my wife shall thinke fitt Item I give and
15    bequeath unto Franncis Buller my oldest sonne All those my Messuages Lands
16    tenements rents rever[s]ions services and hereditaments with th[e ]appurtenances here
17    after men[t]ioned (that is to say) All my right title terme claimes interest and demand
18    whatsoever which I have or ought to have of in and unto the Barton of Tregarricke
19    with all and singular the appurtenances to the same belonging or in any wise
20    appertaineing And also all my right title terme clayme and interest which I now
21    have and ought to have of in and unto the feilds called Gayland with the app[ur]ten[an]ces
22    And likewise all my right title terme and estate which I have yet to come of in and
23    unto the Messuage and tenement called Wilton And further I give to the said
25    Francis my sonne All these Lands and tenements with the appurtenances called
26    _anacue which I there lately purchased of Sir Peter Courtney knight with the
27    rents reversions services and hereditaments to the same belongeing or app[er]taynning
28    And also I give to the said Francis my sonne All those my Lands and tenements
29    with the appurtenances called Talvan which I there latly purchased of Robert
30    Raw gent deceased with the rents issues and proffitts thereof And also I give to my
31    said sonne Francis All those Messuages Lands tenements rents and hereditaments
32    with the appurtenances in or called Tremayne which I there lately purchased of
33    John Killiewe Esq[uir]e and John his sonne and heire with the rents reversions and services
34    thereof belonging or appertaineing All which said mentioned Lands Barton Tenements
35    and hereditaments are lyeing and being within the said parish of Pelint in the said
36    County of Cournewall And also I give to the said Francis my sonne all those my
37    Messuages Lands Tenements and hereditaments with the appurtenances called
38    Landeare within the parish of Dueloe which I there late purchased of Edward Calmady
39    of Wenbury in the County of Devon Esq[uir]e with the rents reversions and services to
40    them belonging And likewise I give to the said Francis my sonne all those my
41    messuages Lands Tenements Rents and hereditaments with the appurtenances called
42    Tremellicke in the parish of St Pinnocke which I there late purchased of Stephen Jay
43    deceased And my will is that Francis Buller of Shillingham Esq[uir]e and Francis
44    Buller gent his sonne My Nephewes and their heires and assignes and every of
45    them shall stand seized of and in all and singular the said Messuages Barton Lands
46    and tenements with their appurtenances respectively afore mentioned by me given to
47    the said Francis my said sonne to the use and beheese of the said Francis my sonne
48    and the heires males of his body lawfully to be begotten on the body of any woman which
49    he shall att any time hereafter marry and take to wife by and with the speciall
50    consente of the said Francis Buller of Shillingham and Francis his sonne or one
    [Page 2]
51    of them And for default of such heire males to the use of the heires males of my body
52    lawfully begotten And for default of such heires in the use of my right heires forever
53    ____ allwayes, and my will is That if the said Francis my sonne shall marry or take
54    to wife without the speciall consents of the said Francis Buller of Shillingham and
55    Francis his sonne my said Nephews or one of them That then the said Francis my
56    sonne shall not further hold or be possessed of all or any of the afore mentioned messuages
57    Barton Lands tenements rents reversions or hereditaments whatsoever, nor of any part
58    thereof But shall from thence forth only have receive and take the summe of fowerscore
59    pounds yearly by quarterly payments in lieu and recompence of all the Lands tenements
60    and hereditaments afore mentioned And my will and desire is that my said Nephews
61    or one of them their or one of their heirs or Assignes shall from time to time have
62    full power and authority to manage and or lymitt and direct the said Messuages Lands
63    Tenements rents and hereditaments and the issues and proffitts thereof for the best
64    advantage and beheese of my said sonne Francis Buller untill he shall soe marry with theire
65    or one of their consents as aforesaid And my will is that for the preferment of my said
66    Francis Buller in any such marriage to be had by and with the consents of my said
67    Nephewes as aforesaid my sonne Francis with the consents of my said Nephewes or one
68    of them shall have full power and authoritie to alter and change or dispose of any the
69    Messuage Barton Lands or tenements afore mentioned for the creation of Joynt and
70    or mayntenance to be had made or assured out of or by the Lands tenements Barton
71    rents and hereditaments afore mentioned or out of or from any part thereof for any
72    such woman as my said sonne Francis shall soe marry or otherwise at the pleasure
73    or likeing of my said Nephewes or one of them Item I give and bequeath unto
74    John Buller my second sonne all my estate right title terms interest and demand
75    whatsoever which I have or ought to have of in and unto my Messuage and tenement
76    called Kelliew in the said parish of Lanesalles with all and singular the appurtenances
77    to the same belonging or appertaineing And I give to the said John my said sonne all
78    such quicke goods and corne as shalbe of myne upon the said Tenement called Kelliew
79    at the time of my death Item I give to Ann Hancock my daughter twenty shillings
80    to make her a ring Item my will is that my wife shall have and hold the lower
81    tenement in St Kew which was heretofore the tenement of her Uncle Nicholas
82    Nicholls gent deceased dureing her life if she release her estate formerly appointed
83    to her ioynture and maintenance in the two tenements called Wilton and Killiowe
84    aforesaid that is to say if she shall within twenty dayes next after my decease
85    release and yield up her said estate in Wilton to my said Nephewes or to one of them
86    for the use and beheese of my said sonne Francis And doe likewise release and
87    yield up her said estate in Kelliowe to my said sonne John Buller And shall pay
88    the summe of twenty pound per Annum to my Executor hereby made and ordained if
89    shee marry from the time of her second marriage dureing her life and not else Item
90    I give unto my said wife my second best feather bedd in Tregarricke with the furniture
91    to the same belonging And I also give her all my houshold goods at St Kew And
92    all my plate which is not my childrens now liveing I leave to my said wife to be
93    disposed by her at her pleasure Item I give and bequeath unto Richard my third sonne
94    all my estate right title tearms and interest which I am to have in the tenement
95    called Tregavethicke within the said parish of Lansalles after the decease of
96    Marrien Trassell wife of John Tressell with the Lease for the same And I also give
97    the said Richard the sume of two hundred pounds of lawfull money of England to be
98    paid him by my Executor at such time and times as my said Nephews or one of
99    them shall think fit and appoint And untill such time as the said Richard shall
100    receive the said two hundred pounds my Executor to pay him thirteene pounds six
101    shillings and eight pence yearly by quarterly payments for his maintenance And
102    tenn pounds of like mony dureing the life of the said Marrian Trussell for increase
103    of her por[t]ion Item I give onto Peter my fowerth sonne All my estate right title
104    terme and interest whatsoever which I have and ought to have of in and unto the
105    Messuage and tenement called Lanwarnicke within the said parish of Dueloe which
    [Page 3]
106    I there bought of Robert Cole with my deeds for the same And also I give unto the said
107    Peter the summe of two hundred pound of like mony to be likewise paid by my Executor at
108    such time and times as my said Nephewes or one of them shall thinke fitt and appointe
109    And untill the said Petter shall marrie the said two hundred pounds my Executor to pay
110    him thirteene pounds six shillings eight pence yearly by quarterly payments for his
111    maintenance and increase of his person And if the said Robert Cole shall happen to
112    dye within two yeares next after my decease Then my Executor to pay the said Peter
113    my said sonne the sume of one hundred pounds more of like mony for increase of his
114    por[t]ion Item I give unto Phillip my fifth sonne the summe of fower hundred pounds
115    of like mony to be likewise paid by my Executor at such time when as the said Phillip shall attaine to the age of one and twentie yeares and untill the sayd Phillipp
116    shall receive the summe of fower hundred pounds my Executor to pay him yearly
117    the summe of ___teene pounds of like mony by quarterly payments for his maintenance
118    and increase of his portion And my will is that my Executor shall pay away any
119    reasonable summe of mony of the said fower hundred pounds at any time when he
120    my said Nephewes or one of them shall thinke fitt to disburse the same for the preferment
121    of the said Phillipp in any caleing convenient for him Item I give unto Thomazine my
122    daughter All my estate right title terme and interest whatsoever which I have and ought
123    to have of in and unto the two severall tenements called Trerachicke and ____ow
124    within the said parish of Pelintt with my deeds which I have to the same And also
125    I give the said Thomazine the summe of two hundred pounds of like mony to be paid
126    her by my Executor at such time and times as my said Nephewes or or one of them
127    shall thinke fitt and appoint And untill the said summe of two hundred pounds be
128    paid her my said Executor to pay her yearly the summe of thirteene pounds six
129    shillings and eight pence for her maintenance and increase of her portion And my
130    will is that if any or either of my said fower youngest children last mentioned
131    shall happen to dye before the payment of their severall respective portions be
132    made as aforesaid Then the portion of him her of them so dyeing shalbe equally
133    devided amongst him her or them of the said fower youngest children surviveing
134    and what estate or tearms shalbe then to expire in either of the respective Messuages
135    or tenements afore appointed to the said Richard, Peter and Thomazine soe happening
136    to dye shall revert descend and be to the use and beheese of my Executor And
137    further my will is That if at any time after my decease the said Francis my
138    sonne whom I tend to make and ordaine to be the Executor of this my last will
139    and testament upon notice or demand of my said Nephewes or one of them to him
140    to be given shall refuse to give such reasonable securitie to my said Nephewes
141    or one of them for payment of my said fower youngest childrens severall sum[m]e and
142    sum[m]es of mony afore appointed and by me to them respectively given, with the
143    severall yearly payments for their severall maintenance as my said Nephewes
144    shall thinke fitt That then my said Nephewes or one of them their heires and
145    assignes shall have full power and authority to sell or dispose of any of the
146    Messuages Lands or Tenements goods or Chattells whatsoever in this my p[re]sente
147    will and testament by me given or to be given or bequeathed to my Executor for
148    payment thereof rspectively in manner and forme aforesaid And shall have like
149    power and authority to sell alter or dispose of the respective Leases and estates
150    thereof afore appointed to Richard, Peter and Thomazine my said sonne and daughter
151    for their best advantage and beheese respectively as my said Nephewes shall thinke fitt
152    or either of them Item I give to my said Nephews twenty shillings apeece to make
153    them two rings And I doe most earnstly desire and hereby appointe and authorize
154    my said Nephews ioyntly and severally to be Overseers and trustees of this my last
155    will and testament Item all that rest and residue of my goods and chattells not hereby
156    given or bequeathed of what kinde qualitie or condition soever they or any of them are
157    of I give and bequeath unto the said Francis Buller my oldest sonne whom I make
158    and ordaine to be Executor of this my last will and testament And to be wholly
159    guided and directed by my said Nephewes or one of them from time to time for the
160    manageing and carrying on of the burthen and affaires of this my present will and
    [Page 4]
161    testament And what charges costs or expences my said Nephewes or one of them shall have
162    time to time disburse or expend in or about my suite of law which may happen touching the
163    premisses or for the imployment of any person or persons which shalbe imployed in or about
164    any of the comandes of my said Nephewes or one of them for or concerning the execution
165    thereof my said Nephewes and every of them shall from time to time satisfy them
166    out of from or by any of my goods or chattells whatsoever And further my will is
167    that my said Nephewes or one of them shall from time to time have full power to raise
168    pay and disburse any reasonable sum[m]e or sum[m]es of money for placing of any of my
169    said other younger children in any calling fitt for him or them And the same so raised
170    payd and distributed for the purposes aforesaid to deduct out of his or their portion or
171    portions for whom it shall soe paid and disburse And I doe hereby desire and appointt
172    Phillipp Tingcombe in Richard Langston George Corner and Edward Tomlinson to have
173    the ministeriall imployment and to act doe and accompt for my Executor as they shalbe
174    directed from time to time by my said Nephewes or one of them And I doe hereby nullify
175    and revoke all former and other wills and testaments whatsoever by me formerly made or
176    ordained And I charge my said sonne Francis to be kinde dutifull and courteous to his
177    mother and loveing to all his brothers and sisters. In witnes whereof I have to this
178    my last will and testament put my hand a seale geeven the day and year first
179    above written Francis Buller Sealed signed published and acknowledged in the
180    presence of us whose names are subscribed William hancocke William Purdy
181    Edward Tomlinson