Will of James Buller, Esquire of Downes - The National Archives PROB-11/1731/161, probated 10 Oct 1827

James Buller (the testator) is the son of James Buller and Husey Gould. His father's will was blogged two days ago and his mother's yesterday. His father died 11 Feb 1772 and his mother 1768 so that this James was orphaned at the age of six years and his brother was 5 years of age. No ideas on where they lived but the trustees appointed to look after them and be their guardians were Sir John Chichester and John Parker. I suspect that John Parker is perhaps related to James (the father of the present testator). His great aunt Ann (sister to John Buller of Morval) was married to George Parker and Ann had served as an executor for her father's will.

James Buller (testator) married his cousin Anne the daughter of William Buller Bishop of Exeter and they were married 6 Jun 1791. James was an MP for Exter. They had a very large family with just the one son James Wentworth Buller also MP for Exeter and North Devon. Since he has died after 1858 his will is not in the PCC group. He married Charlotte Juliana Jane the third daughter of Lord Henry Molyneux Howard and niece of the 12th Duke of Norfolk, K.G., and they were married 5 October 1831 from the Visitation. They had a large family which included seven sons and four daughters including Lt Col Redvers H Buller.

James Buller (testator) and his wife Anne also had nine daughters although only seven are mentioned in the will. As mentioned in the will, Hester Eleanor married the Reverend H. Strangways. Other daughters include Elizabeth, Caroline, Georgiana, Anne, and Emma Husey who are not listed as marrying on the Visitation. Three other daughters did marry: Francis Susanna married the Reverend William Molesworth, Rector of St Breock, Louisa married the Venerable William John Phillpotts, Archdeacon of Cornwall and Susanna Catherine married the Reverend William Heberden, Vicar of Broadhembury, Devon.

James also mentioned his nephew Thomas Wentworth Buller who was also one of his executors. Thomas was the son of his brother William Buller of Whimple who had married Caroline Buller the only daughter of John Buller of Bake and they were married 18 May 1791. They also had a large family which included the son already mentioned and two daughters: Elizabeth Caroline married Sir Gregory Allnutt Lewin, QC, and Henrietta married John Divett according to the Visitation. Thomas Wentworth Buller, Commander RN was one of the Tythe Commissioners for England and Wales and he married Anne daughter of Edward Divett Esquire of bystock, Devon. They had one son and four daughters: Cecil Henrietta married Montague Bere of Morebath, Devon, Catherine married Major Hughes, Punjaub Calvary, Gertrude Caroline and Edith Anne did not marry according to the Visitation. Their son William Wentworth Buller of Strete Raleigh, Devon, JP.

There are three wills left for Devon which include the wills of Mary Buller of Honiton widow of William Buller, Surgeon, the will of William Buller, Surgeon and the will of William Buller of Exeter probated 1813. These wills could prove to be interesting looking at my lines as they do not appear to be on the Visitation. However, they are after the birth of Christopher circa 1763.

Transcriber: Elizabeth Kipp
Recorded: 9 Feb 2013
Source: The National Archives, PROB 11/1731/161
Testator: James Buller, Esquire
Place: Downes, Devon, England
Date of document: 1 Feb 1823, probated 10 Oct 1827
Read: Electronic copy images
Document quality: 19th century English, legible copy

[Margin]: James
[Margin]: Buller
[Margin]: Esquire
[Margin]: 60

1    In the Name of God Amen I
2    James Buller of Downes in the County of Devon Esquire do make this
3    my last Will and testament in manner following (that is to say) I humbly
4    commit my Soul to the mercy of Almighty god my Creator and Redeemer
5    I direct that my body be decently and privately interred after Seven
6    days from my decease have expired in the Church of Saint Thomas
7    the Apostle near Exeter And Whereas by the Settlement made upon my
8    marriage with my dear Wife Anne Buller bearing date the third
9    day of June One thousand Seven hundred and ninety one and made
10    between me the said James Buller of the first part The Reverend William
11    Buller Doctor in Divinity afterwards Bishop of Exeter and Anne his Wife
12    of the second part Anne Buller my present Wife by the description of Anne
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13    Anne Buller the Younger Spinster Eldest daughter of the said William
14    Buller and Anne his Wife of the third part The Right Honorable Frederick
15    Thomas Earl of Stafford and Sir John Chichester Baronet of the fourth
16    part and Sir William Lemon Baronet my late Brother William
17    Buller Esquire and John Buller the Younger of Morval in the
18    County of Cornwall Esquire of the Fifth part divers Manors
19    Messuages Farms Lands and hereditaments therein particularly
20    described Situate in the said County of Cornwall was granted
21    and released unto the said Frederick Thomas Earl of Stafford and
22    Sir John Chichester and their heirs to the use intent and purpose
23    from and after my decease that if my said Wife should happen
24    to survive me and Lady Jane Buller therein named (who is
25    here said) she my said Wife should have receive and take
26    during the term of her natural life by and out of the rents issues and
27    Profits of the said hereditaments and premises one Annuity or
28    Yearly rent Charge of Five hundred pounds by quarterly payments
29    clear of all deductions whatsoever with such Powers of distress
30    and entry on nonpayment thereof as therein mentioned and
31    subject thereto to the use of the said Frederick Thomas Earl of
32    Stafford and Sir John Chichester their Executors Administrators
33    and Assigns for the term of One hundred Years Upon the trusts
34    therein after expressed for his better raising and paying the same
35    Annuity And from and after the expiration or sooner determination
36    of the said term of One hundred Years to the use of the said Sir
37    William Lemon William Buller and John Buller their Executors
38    Administrators and Assigns for the term of Five hundred Years
39    Upon trust to raise by the ways and means therein expressed the
40    several Sums therein and herein after mentioned for the portion
41    and portions of the Younger Children of the said intended marriage
42    namely If there should be but one such Child the Sum of Six
43    thousand pounds If two such Younger Children the Sum of Eight
44    thousand pounds and if three or more such Younger Children
45    the Sum of ten thousand pounds to be paid in such manner at
46    such time and times with such right of Survivorship and with
47    such Interest in the mean time until the same should become
48    Payable and with under and Subject to such powers provisoes
49    restrictions and declarations as therein expressed And from and
50    after the expiration or sooner determination of the said term of
51    Five hundred Years and in the mean time Subject thereto and
52    to the trust thereof and Charges and Chargeable as aforesaid to the
53    use of me the said James Buller my heirs and Assigns for ever
54    And whereas it is my desire to make some considerable addition
55    to the said Annutiy of Five hundred pounds limitted for the
56    benefit of my said Wife for her life by way of Jointure in and by
57    any said marriage Settlement and in as much as I have eight
58    daughters besides our only Son it becomes necessary for me to
59    make a further Provision for them in addition to the said Sum
60    of ten thousand pounds directed by the said Settlement to be raised
61    for their benefit by virtue of the said term of Five hundred Years
62    created for that purpose as aforesaid Now I do hereby give and
63    bequeath unto my said Wife Anne Buller and her Assigns for
64    and during the term of her natural life One Annuity or Yearly
64    Sum of Seven hundred pounds free and clear of and from all
66    deductions and outgoings whatsoever by quarterly payments
67    at Lady day Midsummer Michaelmas and Christmas in every
68    Year the first payment thereof to begin and be made on such of
69    the said days as shall first happen next after my decease the said Annuity
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70    Annuity of Seven hundred pounds to be in addition to the said
71    Annuity of Five hundred Pounds provided for my said Wife by the
72    said Settlement and making together with the said Sum of Five
73    hundred Pounds the Sum of twelve hundred Pounds And I do
74    hereby Subject and Charge all and Singular the Manors Messuages
75    Farms Lands and hereditaments comprized in and granted by my
76    said marriage Settlement to and with the Payment of the said
77    additional Annuity of Seven hundred Pounds unto my said Wife
78    and her Assigns during her life accordingly. And I do hereby authorize
79    and empower my said Wife and her Assigns during her life to have
80    receive and take the said Annuity of Seven hundred Pounds by and
81    out of the rents issues and Profits of the said Manors Messuages Farms
82    lands and hereditaments by such and the same ways and means
83    and with such and the same powers of distress and entry on non-
84    payment thereof and all such other powers and authorities as are
85    given to my said Wife and her Assigns by my said Settlement for
86    receiving taking and enforcing the Payment of the said Annuity
87    of Five hundred pounds thereby limitted to her as aforesaid And I do
88    also authorize and empower the said trustees of the said term of One
89    hundred Years their Executors and Administrators to make use of
90    and exercise the same term for the better levying and raising the
91    said additional Annuity of Seven hundred pounds upon nonpayment
92    thereof in such and the same manner in all respects whatsoever
93    as they are authorized to do by my said Settlement for levying and
94    raising the said Annuity of Five hundred pounds as hereinbefore
95    mentioned Also I give and bequeath unto or for the benefit of
96    my daughters and Younger Children the Sum of Seventeen thousand
97    Pounds in addition to the Sum of ten thousand pounds directed
98    in and by my said marriage Settlement to be raised and paid
99    for the portions of any three of more of the daughters or Younger
100    Children of my said marriage equally to be divided amongst
101    them share and share alike To be paid at such and the same
102    time and times with such and the same right and benefit of
103    Survivorship with such Interest in the mean time until such
104    portions respectively shall become payable and with under and
105    subject to such and the same powers provisoes restrictions and
106    declarations as are expressed and declared in and by my said
107    Settlement concerning the said Sum of ten thousand Pounds thereby
108    directed to be raised to or for the benefit of my daughters or Younger
109    Children as aforesaid Provided always nevertheless and it is my
110    Will and intention that by reason or means of such right and
111    benefit of Survivorship as four of such my Surviving daughters
112    or Younger Children shall be entitled to have and receive under
113    and by virtue of the provisions made for the portions of my said
114    daughters and Younger children in and by my said marriage
115    Settlement and the addition made thereto by this my Will any
116    larger Sum to be divided between them for their portions
117    respectively than the Sum of twenty four thousand pounds nor
118    any three of such my Surviving daughters or Younger Children
119    any larger Sum to be divided between them for their portions
120    respectively than the Sum of Eighteen thousand pounds nor any
121    two of such my Surviving daughters or Younger children any
122    larger Sum to be divided between them for their portions respectively
123    than the Sum of twelve thousand pounds nor any one such my
124    Surviving daughter of Younger Child any larger Sum than the Sum
125    of ten thousand pounds for his or her portion And I do hereby authorize
126    empower and direct the said trustees of the said term of Five hundred
127    pounds
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128    Years created by the said Settlement and the Survivors and Survivors
129    of them and the Executors and Administrators of such Survivor to make
130    use of and exercise the same term for levying and raising the said
131    additional Sum of Seventeen thousand Pounds hereby given for the
132    portions of my said daughters and Younger Children in such and the
133    same manner in all respects whatsoever as they are authorized to do
134    by my said Settlement for levying and raising the said Sum of ten
135    thousand Pounds as therein mentioned. And as concerning all and
136    singular my said monies Messuages Farms land and hereditaments
137    comprized in the said Tridenture of Settlement of which I am Seized
138    in for as aforesaid (Subject to the said Annuity of Five hundred pounds
139    limitted by my said marriage Settlement and the said Annuity of
140    Seven hundred Pounds given by this my Will to and for the benefit
141    of my said Wife for her life And also Subject to the payment of the
142    several sums directed to be raised and paid by my said Settlement
143    and by this my Will in addition thereto for the portion and portions
144    of my daughters and Younger Children and to the powers remedies
145    and authorities for raising and paying the same respectively And also
146    as Concerning all other my Manors Messuages Lands tenements
147    Advowsons hereditaments and real Estate whatsoever Situate
148    lying and being in the said County of Cornwall I give devise and
149    bequeath the same and every part thereof unto James Buller of
150    Sackville Street Piccadilly London Esquire Clerk of his Majesty's most
151    Honourable Privy Council and Thomas Wentworth Buller Esquire
152    Eldest son and heir of my late Brother William Buller Esquire
153    deceased their heirs and Assigns To the Several uses Upon the Several
154    trusts and to and for the ends, intents and purposes and with under
155    and Subject to the powers provisoes declarations and agreements
156    hereinafter expressed and declared of and concerning the same (that
157    is to say) to the use of my Son James Wentworth Buller and his
158    Assigns for and during the term of his natural life without
159    impeachment of Waste except voluntary waste in houses and
160    Buildings And from and after the determination of that Estate by
161    forfeiture or otherwise in his life time to the use of the said James Buller
162    and Thomas Wentworth Buller and their heirs during the natural life
163    of my said Son James Wentworth Buller Upon trust to Support and
164    preserve the contingent uses and Estates hereinafter limitted from being
165    defeated or destroyed and for that purpose to make entries and bring
166    Actions as occasions shall require but nevertheless to permit and
167    Suffer my said Son James Wentworth Buller and his Assigns to receive
168    and take the rents issues and Profits of the said hereditaments and Premises
169    to and for his and their own use and benefit during his life And from and
170    after his decease to the use of the first Son of the body of my said Son James
171    Wentworth Buller lawfully to be begotten and the heirs Male of the body
172    of such first Son lawfully issuing And in default of such Issue to the use of
173    the Second third fourth fifth and all and every other the Son and Sons of
174    the body of my said Son James Wentworth Buller lawfully to be begotten
175    Severally Successively and in remainder one after another as they and
176    every of them shall happen to be in priority of birth and of the Several
177    and respective heirs Male of the body and bodies of all and every such Son
178    and Sons lawfully issuing the elder of such Son and Sons and the heirs Male
179    of his and their body and bodies being always to be preferred and to take
181    before the Younger of such Son and Sons and the heirs male of his and
182    their body and bodies issuing And for default of such Issue to the use of the
183    Second third fourth fifth and all and every other the Son and Sons of my
184    body lawfully to be begotten Severally Successively and in remainder one
185    after another as they and every of them shall happen to be in priority of birth
186    and
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187    and of the Several and respective heirs Male of the body and bodies of all
188    and every such Son and Sons lawfully issuing the elder of such Son and
189    Sons and the heirs Male of his and their body and bodies being always
190    to be preferred and to take before the Younger of such Son and Sons and
191    the heirs Male of his and their body and bodies issuing And for default of
192    such Issue to the use of all and every the daughter and daughters of the
193    body of my said Son James Wentworth Buller lawfully to be begotten
194    equally to be divided between them if more than one Share and share
195    alike as tenants in Common and not as joint tenants and of the
196    Several and respective heirs of the body and bodies of all and every such
197    daughter and daughters lawfully issuing And in case one or more of
198    such daughters shall happen to die without Issue of her or their body
199    or bodies then as to the Share or Shares of her of them so dying without
200    issue to the use of the Survivors or Survivor or others or other of them
201    to be equally divided between them if more than one Share and Share
202    alike as tenants in Common and not as joint tenants and of the Several
203    and respective heirs of the body and bodies of such Survivors or Survivor
204    or other or other of them lawfully issuing And in case all such daughters
205    but one shall happen to die without Issue of their bodies of there shall
206    be but one sure daughter to the use of such Surviving or only daughter
207    and of the heirs of her body lawfully issuing And in default of such Issue
208    to the use of all and every the daughter and daughters of my body
209    equally to be divided between them if more than one Share and
210    Share alike as tenants in Common and not as joint tenants and of
211    the Several and respective heirs of the body and bodies of all and every
212    such daughter and daughters lawfully issuing and in case one or
213    more of my said daughters shall happen to die without Issue of her
214    or their body or bodies then as to the Share or part of her or their so
215    dying without Issue to the use of the Survivors or Survivor or others
216    or other of them to be equally divided between them if more than one
217    share and Share alike as tenants in Common and not as joint tenants
218    and of the Several and respective heirs of the body and bodies of such
219    survivors or Survivor or others or other of them lawfully issuing and
220    in case all my said daughters but one shall happen to die without
221    Issue of their bodies or if there should be but one such daughter to the
222    use of such Surviving or only daughter and of the heirs of her body
223    lawfully Issuing and for default of such Issue to the use of my own
224    right heirs for ever provided always nevertheless that it shall and
225    may be lawful to and for my said Son James Wentworth Buller
226    by any deed or deeds writing or writing to be by him sealed and
227    delivered in the presence of and attested by one two or more credible
228    witnesses to grant limit and appoint to or to the use of any Woman
229    or Women with whom he may happen to marry for her or their
230    life or lives and for her or their jointure or Jointures any Annual
231    Sum or Yearly rent Charge not exceeding the Sum of Six hundred
232    Pounds by the Year for and without any deduction whatsoever
233    to be issuing out of and charged upon the said Manors Messuages
234    Farms and hereditaments or any part thereof but without prejudice
235    to the said Annuities directed to be raised and paid to or for the
236    benefit of my said Wife during her life as aforesaid with such powers
237    and remedies for recovering any such Yearly rent Charge when
238    in arrear and for defraying all costs and charges occasioned by
239    the nonpayment thereof as to my said Son James Wentworth
240    Buller shall seem meet And also to grant and demise limit or
241    appoint all or any of the same Manors Messuages Farms lands and
242    hereditaments to any person or persons for any term or terms of
243    Years for the better Securing the Payment thereof to take Effect immediately
244    after
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245    after the decease of my said Son James Wentworth Buller so as
246    such term or terms of Years be made determinable on the easing
247    of the Rent Charge thereby Secured and the Payment of all arrears
248    thereof and all costs and charges relating thereto Provided also that
249    it shall and may be lawful to and for my said Son James Wentworth
250    Buller by any such deed or deeds writing or writings to be by him
251    executed and attested as aforesaid to grant limit or appoint to or for
252    the benefit of all and every the Younger child and Children of my said
253    Son James Wentworth Buller but without prejudice as aforesaid
254    on the Sum and Sums of money not exceeding the Sum of ten
255    thousand Pounds as my said Son shall think fit as and for the
256    portion and portions of such Younger Child and Children to be
257    raised out of and charged upon the Manors Messuages Farms Lands
258    and hereditaments or a competent part thereof And also to grant
259    and demise limit or appoint all or any of the same Manors Messuages
260    Farms lands and hereditaments to any person or persons for any
261    term or terms of Years for the better raising and Securing the payment
262    thereof Provided also that it shall and may be lawful to and for my
263    said Son James Wentworth Buller and all and every person or
264    persons who shall be in the possession of or intitled to the rents
265    and profits of the said Manors Messuages Farms lands and hereditaments
266    by virtue of the limitations aforesaid And also to and for the said
267    James Buller and Thomas Wentworth Buller during the minority of
268    any person or persons so to be intitled as aforesaid by Indenture
269    or Indentures under his her or their hand and Seal or hands and
270    Seals to secure lease and grant any part of parts of the said Messuage
271    Farms Lands and hereditament for any term or number of Years
272    not exceeding fourteen Years in possession at the best and most
273    improved Yearly rents that can be gotten for the same without
274    taking any Sum or Sums of money or other thing by way of fine or
275    _____ for or in respect of such Lease or Leases And also to secure and
276    lease such of the said Messuages Farms lands and hereditaments as
277    shall have been usually leased for terms of Years determinable on
278    lives and which shall not be of the Clear Yearly Value of Fifty pounds
279    for any term or number of Years determinable on the deaths of one
280    two or three person or persons in reversion possession remainder or
281    expectancy so as there be not more than three lives as being on any
282    one tenement at the same time and so as there be reserved on such
283    lease or leases the ancient and accustomed rents duties suits and
284    Services heretofore usually paid and performed for the same And so as
285    the Lessee or Lessees of any lease or leases to be granted by virtue of any
286    power hereinbefore contained shall not be made dispunishable of
287    waste And so as there be a Clause of reentry for nonpayment of the
288    Rent or rents to be thereby respectively reserved And so as the respective
289    Lessees to whom such Leases shall be made duly execute Counterparts
290    thereof respectively Provided also and I do hereby declare that it shall
291    and may be lawful to and for the said James Buller and Thomas
292    Wentworth Buller and the Survivor of them and his heirs at any time
293    or times with the consent and approbation of my said Son James
294    Wentworth Buller testified by some Writing or Writings and or his hand
295    and Seal to make Sale and dispose of or convey in exchange for or in
296    lieu of other Lands and hereditaments. The Manors Messuages Lands
297    and hereditaments comprized in my said Marriage Settlement or any
298    part or parts thereof to any person or persons and for such prices in
299    money or for such other equivalent in Lands as to them shall seem
300    meet And upon payment of the money arising by such Sales the
301    Receipts of the said trustees or the Survivor of them or his heirs as
302    be good and sufficient discharge for the same and such purchaser or Purchasers
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303    Purchasers shall not afterwards be obliged to see to the application of
304    such purchase money or be answerable for the misapplication or
305    nonapplication thereof And that all and every person and persons
306    to whom any such Sale Conveyance or Exchange shall have been
307    made his her or their heirs and Assigns shall and may have hold
308    and enjoy the Premises by them respectively purchased or had in
309    exchange discharged from all and every the uses trusts and
310    limitations declared containing the same by the said marriage
311    Settlement and by this my Will And I do hereby further declare
312    that when any part of the said Lands and hereditaments shall be
313    Sold the money to arise by such Sale shall forthwith be laid out by
314    the said trustees with such consent as aforesaid in the Purchase of
315    other Lands and hereditaments either Freehold or for long absolute
316    terms of Years situate in the said Counties of Devon and Cornwall
317    or out of them and that as well the Lands to be purchased as them
318    to be taken in exchange shall be settled and Assigned to such and
319    the same uses Upon such and the same trusts and under and
320    Subject to such and the same powers provisoes declarations and
321    Agreements as are limitted and declared concerning the said Lands
322    made Saleable and Exchangeable as aforesaid by my said marriage
323    Settlement and by this my Will or as near thereto as the deaths of
324    parties and other contingencies will admitt of And that in the mean
325    time and until such money shall be laid out in such Purchases
326    shall be lawful for the said trustees with such consent as aforesaid
327    to place out the same at Interest Upon real or Government Security
328    and to pay the Interest dividends and produce arising therefrom
329    to such persons for such uses intents and purposes and in such
330    manner as the rents and Profits of the Lands directed to be purchased
331    and Settled would go and be payable in case such Purchases and
332    Settlement were there actually made Also I give and bequeath unto
333    my said dear Wife Annie Buller the Sum of One thousand Pounds to
334    and for her own use and benefit to be paid to her within three
335    months after my decease Also I give and bequeath unto my said
336    Wife all my Household Goods and Furniture Linen and Wines in
337    my house at Downes to and for her own use and benefit and to be at
338    her absolute disposal And also the use of my plate and of a Pearl
339    Necklace which she usually wears during her life which plate and
340    Necklace after the death of my said Wife and also my Books immediately
341    after my death I give and bequeath unto my said Son James
342    Wentworth Buller I give and bequeath unto my Cosson William
343    Buller and my Nephew James Buller sons of my said late Brother
344    William Buller the Sum of Two hundred pounds each to be paid
345    within twelve Calendar Months next after my decease I give
346    devise and bequeath unto the said James Buller and Thomas
347    Wentworth Buller and their heirs the right of Presentation upon the
348    next Avoidance to the Vicarage of the Parish Church of Saint Thomas
349    the Apostle in the said County of Devon Upon trust that they my said
350    trustees and the Survivor of them and the heirs and Assigns of such
351    Survivor do and shall present the Reverend John Caius Copleston
352    to the said Vicarage or Parish Church upon the death or resignation
353    of the Reverend John Bradford Copleston his father the present Incumbent
354    thereon I request the said James Buller and Thomas Wentworth Buller
355    to accept the Sum of One hundred Guineas each as a trifling mark of
356    my regard and affection for them I give to my faithful Servant William
357    Gowler an Annuity of Twenty Pounds during his life to be paid by
358    quarterly payments at Lady Day Midsummer Michaelmas and
359    Christmas in every Year the first payment thereof to begin and be made
360    on such of the said days as shall first happen next after my decease
361    I give devise and bequeath all and singular my Manors Messuages Lands
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362    and tenements Advowsons and hereditaments and real Estate
363    whatsoever Situate lying and being with the Several Parishes of
364    Saint Thomas the Apostle Coffinswell Crediton and Newton Saint Cyres
365    or elsewhere in the said County of Devon which I have the power to
366    dispose of (Subject to the next right of Presentation to the Vicarage
367    of Saint Thomas the Apostle which I have hereinbefore given and
368    devised for the purpose aforesaid And also Subject and charged to and
369    with the Payment of my debts Legacies and Funeral Expences not
370    visited to be raised and paid by and out of my said Settled Estate in
371    Cornwall by my said Settlement and this my Will and which my
372    residuary Personal Estate may not be Sufficient to discharge unto
373    my said Son James Wentworth Buller his heirs and Assigns to the
374    use of my said son James Wentworth Buller his heirs and Assigns for
375    ever And all the rest and residue of my Goods Chattels monies and
376    Securities for money and all other my personal and testamentary
377    Estate and Effects whatsoever and wheresoever after Payment of my
378    debts Legacies and Funeral Expences I give and bequeath the same
379    and every part thereof unto my said Son James Wentworth Buller his
380    Executors Administrators and Assigns to and for his and their own
381    use and benefit And I do hereby nominate constitute and appoint
382    my said dear Wife Anne Buller and the said James Buller and
383    Thomas Wentworth Buller joint Executrix and Executors of this my
384    Will And I do appoint them Guardians of the persons and Estates of
385    my said daughters and Younger Children during their respective
386    minorities And I do hereby request my said Wife that in case
387    of the deaths of the said Sir William Lemon and John Buller two
388    of the trustees named in my said Marriage Settlement in her life
389    time she will in pursuance of the power given for that purpose by
390    my said Settlement nominate and appoint the said James Buller
391    in the room of the first of the said trustees who shall so happen to die
392    and the said Thomas Wentworth Buller in the room of the other of
393    the said trustees who shall so happen to die to the Intent that the
394    said James Buller and Thomas Wentworth Buller or either of them
395    may act in the trusts of the said Settlement in such and the same
396    manner as the present trustees are thereby authorized and empowered
397    to do And I revoke all former Will and Wills by me at any time
398    heretofore made and to declare this to be and contain my last Will and
399    testament In Witness whereof I have to this my Will contained in ten
400    sheets of paper to the first nine Sheets thereof set my hand and to this
401    tenth and last Sheet my hand and Seal this first day of February
402    in the Year of our Lord One thousand eight hundred and twenty three
403    1823 James Buller Signed Sealed Published and declared by the
404    said James Buller the testator as and for his last Will and testament in
405    the presence of us three who have subscribed our names as Witnesses
406    thereto in his presence at his request and also in the presence of each
407    other John Rawling Henry Rawling Wm Rawling
408    I James Buller of Downes in the County of Devon
409    Esquire do make and declare this to be a Codicil to my last Will and
410    testament bearing date the first day of February One thousand eight
411    hundred and twenty three Whereas I am Seized of some Share
412    Interest or portion in Freehold Estate consisting of a number of
413    dwelling houses and premises situate and lying in the Parish of Saint
414    Mary le bone in the County of Middlesex Subject to a Lease for a term
415    of Years absolute therein Now I do by this Codicil annexed to my said Will
416    give and devise my said Share Interest or Portion in the said Freehold
417    hereditaments and Premises unto my Son James Wentworth Buller and
    [Page 9]
418    and all and every my daughters and their heirs equally Share
419    and Share alike as tenants in Common and not as joint tenants And
420    in case of the death of any or either of them before attaining the Age
421    of twenty one Years without leaving Issue the Share of such to go
422    to the Survivors or Survivor of them and his her or their heirs
423    equally also as tenants in Common and not as joint tenants In
424    Witness whereof I have hereunto set my hand and Seal this twenty
425    Seventh day of December in the Year of our Lord One thousand eight
426    hundred and twenty five James Buller Signed Sealed Published
427    and declare by the said James Buller as and for a Codicil to his last Will
428    and testament in the presence of us three who in his presence at his
429    request and also in the presence of each other have Subscribed our names
430    as Witnesses to such his Execution hereof John Rawling Henry Rawling Wm Rawling
431    This is a further Codicil to the Will of me James Buller of Downes
432    in the County of Devon Esquire bearing date the first day of February
433    One thousand eight hundred and twenty three Whereas since the
434    making of my said Will my daughter Hester Eleanora has intermarried
435    with the Reverend Henry Strangways And upon such her marriage
436    and for her better Advancement in life I advanced and settled the Sum of
437    three thousand three hundred and seventy five pounds in favor of
438    her said husband herself and the children of their marriage Now
439    I do therefore hereby revoke all legacies and Sums of money bequeathed
440    to her (as one of the Young Children of myself and Wife) by my said
441    Will and declare that the Advancement portion or portions which
442    I have so made and Settled in and by her marriage Settlement is
443    to be secured and considered to be in full Satisfaction and discharge
444    thereof And also in full Satisfaction and discharge of her Share
445    of the Portion or portions to which she is or shall be otherwise
446    would be (also as one of the Younger children of myself and Wife)
447    entitled to under the Settlement made on our marriage In all
448    other respects I confirm my said Will And also on former Codicil
449    dated the twenty Seventh day of December One thousand eight
450    hundred and twenty five and and declare this writing to be a further
451    Codicil to my said Will and taken as part thereof In Witness whereof
452    I have hereunto set my hand and Seal this ninth day of July
453    One thousand eight hundred and twenty Seven 1827 James
454    Buller Signed Sealed published and declared by the said James
455    Buller as and for a further Codicil to his said last Will and Testament
456    in the presence of John Rawling Henry Rawling
457    Proved at London with 2 Codicils 10th October 1827 before the
458    Judge by the Oaths of Anne Buller Widow the Relict James Buller
459    Esquire and Thomas Wentworth Buller Esquire the Nephew the
460    Executors to whom Adm[inistrati]on was granted having been first sworn
461    (that is to say) the said Anne Buller and Thomas Wentworth Buller
462    by Commission and the said James Buller before the Worshipful John
463    Daubeny Doctor of Laws and Surrogate duly to administer

Will of Husey Buller, wife, of Downes - The National Archives PROB 11/945/349, probated 20 Feb 1769

The testator Husey Buller is the first wife of James Buller of Downes (married 8 Dec 1762). She was the daughter of Thomas Gould of Frome and died 26 Sep 1768 aged 31 years according to the Visitation. She had two sons James Buller married to Anne Buller (daughter of William Buller, Bishop of Exeter) and William Buller who marrked Caroline Buller (daughter of John Buller of Bake). This the Buller line that was at Pelynt. John Buller second son of John Francis Buller and Rebecca Trelawny. This John Buller was married twice and the mother of Caroline was Elizabeth Caroline Hunter daughter of John Hunter (second marriage) with his first marriage having been to Mary St Aubyn daughter of Sir John St Aubyn, Baronet. It is this first marriage that the first Buller will transcribed in this large set was from and that was Sir Edward Buller and his daughtger Anna Maria married to James Drummond Elphinstone were his heirs.

This was a second marriage for Husey as her first marriage was to Nicholas Gould of Frome Billet, Stafford and she is said to be of Milbourne Stileham, Bere Regis. They married with consent of parents 19 Sep 1757. The witnesses were Thomas Gould and Ann Gould. The marriage was at West Stafford. Looking up in Burke's Genealogical and Heraldic History of the Landed Gentry, Volume 1, Thomas Gould Esquire was of Milborne St Andrews and Frome Bellet, J.P. and D. L. and he married in March 1728 Mary the daughter of Will Freke and they had the following children: John, William, George, Hubert, Nicholas, Robert Freke, Husey, Mary, Elizabeth, Margaret and Jane. It would appear that Nicholas Gould was a first cousin once removed to Husey and considerably older than her. No children were mentioned in Burke's Gentry.

In the will Husey (this surname also has a history in the family in that the grandfather of Thomas Gould (father of Husey) was John Gould Esquire of Upway and Frome Bellet, lieutenant colonel in the Dorset militia and he married in 1655 Sarah the daughter of Hubert Hussey Esquire of Sydling, Dorset)  mentions her two sons William (the eldest) and Francis. In the Visitation these sons are named William and James (perhaps he was James Francis).

Transcriber: Elizabeth Kipp
Recorded: 6 Feb 2013
Source: The National Archives, PROB 11/945/349
Testator: Husey Buller, wife of James Buller
Place: Downes, Devon, England
Date of document: 25 Sep 1768, probated 20 Feb 1769
Read: Electronic copy images
Document quality: 18th century English, legible copy

 [Margin]: Husey Buller

1    I Husey Buller
2    the now wife of James Buller of Downes in the County of
3    Devon Esquire by Forme and virtue of the power and powers
4    Authority and Authorities to me given or reserved in and by
5    the Articles or Marriage Settlement made previous to or on
6    occasion of my Marriage with my said Husband James Buller
7    and by Forme and virtue of all and every other power and powers
8    Authority and Authoritys ine any way thereto enabling or
9    come to or beene in as in this belief in any manner
10    whatsoever do make and ordain this my Last Will and
11    testament and by me devise bequeath and dispose of all
12    my Lands Tenements heredita[ment]s Goods Chattles and real and
13    personal Estates whatsoever and wheresoever and whereof I
14    have any power of disposing in manner and forme herein
15    after mentioned that is to say First I Give and Bequeath unto
16    my Brothers and Sisters herein after named (that is to say)
17    Hubert Gould George Gould Robert Freke Gould Margaret
18    Gould and Jane Gould the Sum of one hundred pounds of Lawfull
19    Money of Great Britain to each of them to be paid by my
20    Executors herein after named within Six calendar Months
21    next after my decease Also I give and bequeath unto my
22    Son James Buller my Largest Pearl Necklace All my
23    Medals all my dressing plate my diamond Earrings and
24    Diamond Sprigg and also all my peires of fine worked or
25    wrought Sattin intended for a Bed which were purchased of
26    Matthew Spencer Esquire Also I give and bequeath the rest
27    of all my other plate to my said husband James Buller and
28    his Assigns during the term of his natural Life and from and
29    after his decease I give and bequeath the same plate to my two
30    Sons William Buller and Francis Buller to be equally
31    divided between them Share and Share alike when and as soon as
32    they shall respectively attain the age of twenty one years
33    and in case one of them shall happen to dye under the age
34    of twenty one years the whole to go to the Survivor of them
35    and the executors adm[inistrat]ors and assignes of such Survivor
36    for ever and as to for and concerning all my Lands Tenem[en]ts
37    and heredit[ament]s and all the rest residue and remainder of my
38    Goods Chattels and personal Estates Sum and Sums of Money
39    Moneys at Interest Securities for Money Money in the
40    publick Funds Mortgages in force or for terms of years
41    and the Lands Tenements and Heredit[ament]s comprized therein
42    and all other my real and personal Estate whatsoever and
43    wheresoever not herein Before given and bequeathed after all
    [Page 2]
44    my just debts Legacys and Funeral Expences are First satisfyed
45    and paid I give devise and bequeath the same and every part
46    and parcell thereof with their and each and every and either
47    of their Rights Members and Appurt[enances] unto my said husband
48    James Buller and John Burland Esquire Serjeant at Law
49    their heirs Executors Adm[inistrat]ors and assignes And I hereby make
50    ordain constitute and appoint them the said James Buller
51    my husband and the said John Burland whole and sole
52    Executors of this my Last Will and Testament hereby revoking
53    all former and other wills by me made upon the Trusts
54    and to the uses herein after mentioned expressed and declared
55    of and concerning the same (that is to say) Upon Trust
56    and to and for the only use benefit and advantage of my
57    said two Sons William Buller and Francis Buller their heirs
58    Executors Adm[inistrat]ors and assigns to be equally divided between
59    them Share and Share alike when and as soon as they shall
60    respectively attain the age of Twenty one years and in
61    case either of them she happen to dye under the Age of
62    Twenty one years Then the whole to go to and be vested in the
63    survivor of them and the heirs executors adm[inistrat]ors and assigns
64    of such Survivor for ever and upon no other Trust to no
65    other use and for no other End Intent or purpose whatsoever
66    and I hereby will order and direct that my said Trustees
67    and the Survivor of them and the heirs Executors or adm[inistrat]ors
68    of such Survivor do and shall Lay out and Expend such Sum
69    and Sums of Money in the Maintenance and Education of
70    my said two Sons William Buller and Francis Buller during
71    their respective Minoritys as they shall think proper And
72    that my said Trustees or the Survivor of them and the heirs
73    Executors or Adm[inistrat]ors of such Survivor shall and Lawfully
74    may retain and employ such one or more attorney or
75    attorneys Stewards or agents in the Management of my
76    Trust Estate and give such Salary or Salaries Reward or
77    Compensation to such attorneys Stewards or agents as
78    they shall think proper and that my said Trustees respectively
79    and their respective heirs Executors and adm[inistrat]ors shall be
80    saved harmless and be kept Indemipified and shall and
81    lawfully may deduct and retain to themselves severally out
82    of my Trust Estate for all such Costs Charges Trouble damage
83    Loses and Expences as they shall or may severally be at
84    sustain or put into for or by reason or means of the Trust
85    hereby in them reposed or anything relating hereto and
86    that my said Trustees shall be only answerable and accountable
87    for so much of the Trust Moneys as shall come to their hands
88    respectively and not the one for the other of them nor for the
89    Acts Receipts Payments defaults or Miscarriages one of
90    the other but each for his own Acts Receipts payments
91    defaults or Miscarriages only Neither shall they be answerable
92    or accountable for any Loss that shall or may happen unless it
93    by their or either of their wilfull neglect or default and
94    I hereby further will order and direct that my said Trustees
95    respectively and their respective heirs Executors or Adm[inistrat]ors
    [Page 3]
96    shall and Lawfully may Call in have and receive any of
97    my Moneys now at Interest or Invested in any or either of
98    the Publick Funds and put and place the same or any other
99    of the Trust Moneys at Interest on such Security of Securities
100    as they shall think proper or Invest the same or any part
101    thereof in any or either of the publick Funds or government
102    securities and to alter and change the same from time to
103    time as occasion shall require it and that in case any
104    debtor or debtors to the Trust Estate shall become insolvent
105    so as not to be able pay the whole of their respective debt
106    or debts That then and in every such Case and so often it
107    shall and may be Lawfull to and for my said Trustees to
108    Compound for the same and to accept and take such
109    dividend or dividends as can or may be had or gotten
110    from such Insolvent Debtors Estate and Effects and give
111    receipts and acquittances for the same accordingly as
112    if the whole of such debt or debts had been fully paid In
113    witness whereof I the said Husey Buller the testatrix have
114    to this my Last Will and Testament contained in two sheets
115    of paper put my hand and seal in manner following to wit
116    my hand to the bottom of the First sheet thereof and my
117    hand and Seal to this second and Last Sheet thereof this
118    Twenty Fifth day of September in the year of our Lord one
119    thousand Seven hundred and Sixty Eight Husey Buller
120    Signed Sealed published and declared by the above named
121    Husey Buller the Testatrix as and for her Last Will and
122    Testament in the presence of us who have subscribed our
123    Names as witnesses thereto in her presence and at her request
124    and in the presence of each other of us Geo. Bent Samuel
125    Hart Thos Westlake
126    This Will was proved at London on the Twentieth
127    day of February in the year of our Lord one thousand seven
128    hundred and sixty nine before the worshipfull George
129    Harris doctor of laws and Surrogate of the Right Worshipful
130    George Hay also Doctor of Laws Master Keeper or Commisary
131    of the prerogative Court of Canterbury Lawfully Constituted
132    by the Oaths of James Buller Esquire the husband of the
133    deceased and John Burland Esquire Serjeant at Law the
134    executors named in the said will to whom administration
135    was granted of all and Singular the Goods Chattels and Credits
136    of the said deceased they having been First sworn duly to
137    administer.

Will of James Buller Esquire of Downes - The National Archives PROB 11/975/309, probated 3 Mar 1772

The testator James Buller was the son of James Buller and 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. Downes is about 0.9 miles ESE of Crediton.

This will is dated 6 Jul 1769 and his first wife Husey Gould died 26 Sep 1768. I suspect he had not yet married Mary Hippisley Coxe daughter of John Hippisley Coxe of Ston Eston, Somerset as there is no mention of his second wife or of his son John Francis Buller their son. This John Francis Buller assumed the name of Hippisley Coxe by royal License 19 Apr 1796. He married Hester daughter and heir of Thomas Jeffreys of Creed Place, Gloucester (3 Mar 1803) and she died in 1807. their only child it would appear by the Visitation was Henry Buller Hippesley Coxe who was born 19 Mar 1804 and died at Rome 1823 unmarried and thus ended that line. Presumably any property reverted back to the right heirs of John Hippisley coxe of Ston Eston, Somerset and Thomas Jeffreys of Creed Place, Gloucester. the Visitation does not have any further information on this line. The Buller of Downes line continues down to the present day and they continue to reside at Downes.

Again this is not my line because my Christopher was born in 1763 and already the lines are past that point in the charting. There is one more will for James Buller grandson of the testator (and son of James Buller) who married Anne the daughter of William Buller bishop of Exeter (mentioned in the will of her mother Anne Buller blogged earlier).

The testator James Buller died 11 Feb 1772 and he was buried as requested at St Thomas the Apostle near Exeter. His first wife was Husey, daughter of Thomas Gould of Frome, Dorset. I will check and see if she was a cousin of James since his mother was Elizabeth Gould daughter of William Gould of Downes.

I was curious why no mention of his son by his second marriage initially until I realized that the will was dated prior to his birth so perhaps the death of James Buller in 1772 was rather sudden and he had not yet revised his will. I did find the marriage of Mary Hippisley Coxe to James Buller and it is said to have taken place 20 Jan 1770 in St Michael, Bath. She was apparently well dowered so perhaps she took on the responsibility of raising their son John Francis Buller Hippisley Coxe as his surname became with the Royal License. Thomas Jeffreys his maternal grandfather was a goldsmith from London who purchased Creed Place around 1800.

On Find my past I did find the baptism of John Francis Buller 25 Jun 1771 at St George, Hanover Square and he was born 31 May 1771. I will investigate that when I look at the wills in Middlesex and London. The Record is from Westminster Archives. Perhaps James just did not get around to making any changes in his will if this is him in London. The original record adds just one piece of information that it was James Esquire. However this line does end with the son of this John Francis Buller Hippisley Coxe as he died unmarried at the age of 19 years.

Transcriber: Elizabeth Kipp
Recorded: 8 Feb 2013
Source: The National Archives, PROB 11/975/309
Testator: James Buller, Esquire
Place: Downes, Devon, England
Date of document: 6 Jul 1769, probated 3 Mar 1772
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: James Buller Esquire

1    I James Buller
2    of Downes in the County of Devon Esq[uie]r being of a
3    sound Mind Memory and understanding praised be
    [Page 2]
4    God for the same do make and ordain this my last Will
5    and Testament and Give devise and Bequeath and dispose of all
6    my Lands Tenements Goods and Chattels and Real and
7    personal Estate whatsoever and wheresoever in manner
8    and form hereinafter mentioned that is to say first I give
9    and bequeath unto my grand Mother Elizabeth Gould the sum
10    of twelve hundred pounds of lawful money of Great Britain
11    to be paid her by my Executors hereinafter named within three
12    Calendar Months next after my decease also I give and
13    bequeath unto my said Grand Mother Elizabeth Gould all the
14    Jewells Gold Rings Necklaces Earrings Diamonds Pearls
15    Medals Trinkets and all these other things late the property of my
16    Aunt Tuckfield deceased and which I purchased of Mrs Elizabeth
17    Tuckfield administratrix of John Tuckfield Esq[uie]r deceased also I
18    give and bequeath unto Agnes White of Sanford in the County
19    aforesaid Widow and her assigns one clear annuity of
20    thirteen pounds of lawful Money of Great Britain to be paid
21    to the said Agnes White and her assigns yearly and every
22    year during the term of her natural life by even and equal
23    half yearly payments and on those days in the year herein
24    after mentioned, that is to say, the twenty fifth day of December
25    and the twenty fourth day of June the first payment thereof
26    to begin and be made on such of the said days as shall first
27    appear next after my decease and I hereby subject and
28    Charge all my personal Estate to and with the payment of
29    the said annuity of Thirteen pounds to the said Agnes White
30    and her assigns yearly and every year during the term of
31    her natural life Also I give and bequeath unto Sir John
32    Chichester of Youlston in the said County of Devon Baronet
33    and John Parker of Saltien in the County aforesaid Esquire
34    their Executors Administrators and assigns all the plate
35    which I lately purchased of Christopher Harris Esq[uie]r and also all
36    my Moneys now in the publick Funds or any or either of
37    them with the Securities for the same upon Trust and to
38    and for the only use Benefit and advantage of my Son
39    William Buller his Executors admors and assigns when and as soon as he shall attain the age of twenty one years But in case my said son William Buller shall happen to dye under the age of Twenty one years Then Upon Trust and to and for the only use benefit and advantage of my son James Buller his Ex[ecu]tors Adm[inistrat]ors and assigns and upon
40    no other Trust whatsoever and I hereby will order and direct
41    that the said Sir John Chichester and John Parker and the
42    Survivor of them and the Executors or administrators of such
43    Survivor do and shall with all convenient Speed after my decease
44    sell and dispose of the said plate and every part thereof
45    for as much Moneys and for such prices as can or may be
46    had or gotten for the same and do and shall pay and
47    apply the Moneys arising by such sale (after all Charges
48    and Expences are deducted) in the purchasing Stock in some
49    or one of the publick Funds and apply the interest proceeds
50    produce or profits thereof and also the Interest proceeds
51    produce or profits of the Moneys already in the publick
52    Funds or some of any of them in the purchasing other
53    Stock in some or one of the Public Funds yearly and every
54    year during the minority of my said two sons or either
55    of them and in Case my said son William Buller shall
    [Page 3]
56    live to attain his age of twenty one years Then I hereby
57    Will order and direct that all the stocks or Moneys in the
58    publick Funds and all the Benefit thereof shall be assigned
59    and transferred to the said William Buller his Executors
60    administrators and assigns But in case my said son William
61    Buller shall happen to die under the age of twenty one years
62    in the life time of his Brother James Buller I hereby Will
63    order and direct that the said Stocks of Moneys in the Publick
64    funds and all the Benefit thereof shall be assigned and
65    transferred to the said James Buller his Executors adm[inistrat]ors
66    or assigns on his attaining the age of twenty one years also
67    I give devise and bequeath unto the said Sir John Chichester
68    and John Parker their heirs and assigns all that my Mansion
69    house and my Capital Messuage Barton Farm and
70    Demesne Lands of or commonly called or known by the Name
71    of Wears Downes together with the several Tenements Fields
72    or closes of Land Marshes and Meadows usually held and enjoyed
73    therewith with their and every of their  Rights members and
74    appurtenances and also all those two Messuages and Tenements
75    with the appurtenances commonly called or known by the Names
76    of Higher Dunscombe and lower Dunscombe with the several
77    Tenements Fields or Closes of Land Meadows and Pasture thereto
78    belonging or heretofore demised parts parcells or members
79    thereof situate lying and being in the parishes of Crediton
80    aforesaid and of Newton St Cyres in the county aforesaid
81    and also all those Manors or reputed Manors of or commonly
82    called or known by the Names of Street Rawleigh and Beautiport
83    with the several Messuages Tenements Lands and heredita
84    ments thereto belonging situate lying and being in the
85    several parishes of Wimple and Aylsbeare in the said
86    County of Devon with their and each and every and either
87    of their Rights Members and appurtenances and also all
88    other the Lands Tenements and hereditaments with their
89    appurtenances which descended and came to me on the
90    death of my late Father James Buller Esq[uie]r as for and in
91    lieu of my Share of the Lands Tenements and hereditaments
92    late of my Grandfather William Gould Esq[uie]r deceased to have
93    and to hold the said Mansion house Capital Messuage
94    Barton Farm and Demesne Lands of or commonly called
95    or known by the Name of Wears Downes and the said
96    Messuages or Tenements called Higher Dunscombe and Lower
97    Dunscombe and also the said Manor or reputed Manors
98    of Street Rawleigh and Beautiport and all other the Lands
99    Tenements and hereditaments hereby devised or Intended
100    so to be with their and each and every and either of their
101    Rights Members and Appurtenances unto the said Sir John
102    Chichester and John Parker their heirs and assigns to the
103    several uses upon the Trusts and subject to the powers
104    provisoes declarations and agreements hereinafter
105    mentioned expressed and declared of and concerning the
106    same that is to say as to for and concerning the said
107    Mansion house Capital Messuage Barton Farm and
    [Page 4]
108    Demesne Lands of or commonly called or known by the Name
109    of Wears Downes the said Messuages and Tenements called
110    Higher Dunscombe and lower Dunscombe and all the Tenem[en]ts
111    Lands and hereditaments heretofore demised and taken to
112    be parts parcels or Members thereof and all other the Lands
113    Tenements and hereditaments hereinbefore men[t]ioned to be
114    demised situate and lying in the several parishes of Crediton
115    and Newton St Cyres aforesaid to the use and behoof of my
116    son James Buller and his assigns for and during the term of
117    his natural life without impeachment of or for any manner of
118    Waste except Voluntary waste in Houses and Buildings
119    and from and after the determination of that Estate to the use
120    and behoof of the said Sir John Chichester and John Parker
121    and their heirs for and during the natural life of the said
122    James Buller upon Trust to support the Contingent uses and
123    Remainders hereinafter limited from being defeated or destroyed
124    and for that purpose to make Duties and bring actions as
125    occasion shall require yet nevertheless to permit and suffer
126    the said James Buller and his assigns to receive and have the
127    divers Issues and profits of all and singular the said premisses
128    to his and their own use for and during the term of his
129    natural life and from and after his decease to the use and
130    behoof of the first Son of the Body of the said James
131    Buller lawfully to be begotten and the heirs Male of the
132    Body of such first son lawfully Issuing and for default of such Issue to the
133    use and behoof of the second third fourth fifth sixth and of all
134    and every other son and sons of the Body of the said James
135    Buller lawfully to be begotten severally successively and in
136    Remainder and after another as they and every of them
137    shall be in seniority of age and priority of Birth and of the
138    several and respective heirs Male of the Body and Bodies
139    of all and every such son and sons lawfully issuing the
140    Elder of such sons and the heirs Male of his Body being
141    always preferred and to take before the younger of such
142    son and sons and the heirs Male of his and their Body
143    and Bodies Issuing and for default of such Issue to the use
144    and behoof of my son William Buller and his assigns for
145    and during the term of his natural life without Impeachm[en]t
146    of or any manner of Waste except Voluntary waste in
147    Houses and Buildings and from and after the determination
148    of that Estate to the use and behoof of the said Sir John
149    Chichester and John Parker and their heirs for and during
150    the natural life of the said William Buller upon Trust to
151    support the contingent uses and Remainders hereinafter
152    limited from being defeated or destroyed and for that purpose
153    to make Duties and bring actions as occasion shall require
154    yet nevertheless to permit and suffer the said William Buller
155    and his assigns to receive and take the Rents Issues and
156    profits of all and singular the said premisses to and for his
157    and their own use and benefit for and during the term of his
158    natural life and from and after his decease to the use and
159    behoof of the first son of the Body of the said William Buller
    [Page 5]
160    lawfully to be begotten and the heirs Male of the Body
161    of such first son lawfully Issuing and for default of such
162    Issue to the use and behoof of the second third fourth fifth
163    sixth and of all and every other son and sons of the Body
164    of the said William Buller lawfully to be begotten severally
165    successively and in Remainder one after another as they
166    and every of them shall be in seniority of age and priority
167    of Birth and of the several and respective heirs Male of
168    the Body and Bodies of all and every such son and sons
169    lawfully Issuing the Elder of such sons and the heirs Male of
170    his Body being always preferred and to take before the
171    younger of such son and sons and the heirs Male of his
172    and their body and Bodies Issuing and for default of such
173    Issue to the use and behoof of all and every the Daughter
174    and daughters of the said James Buller lawfully to be begotten
175    and of the heirs of the Body and Bodies of such daughter and
176    daughters lawfully Issuing severally and respectively as Tenants
177    in Common and not as Joint Tenants and in Case and as often
178    as any such daughter of daughters of the said James Buller
179    shall happen to Die without Issue of her or their Body or
181    Bodies then and so often as to the Share or part of her
182    or them so dying without Issue to the use of the Surviving
183    daughter and daughters of the said James Buller and of
184    the heirs of her and their Body and Bodies lawfully to be
185    begotten as Tenants in Common but not as Joint Tenants and
186    for default of such Issue then to the use and behoof of all and every
187    the daughter and daughters of the said William
188    Buller lawfully to be begotten and of the heirs of the Body
189    and Bodies of such daughter and daughters lawfully Issuing
190    severally and respectively as Tenants in Common and not as
191    Joint Tenants and in case and as often as any such daughter
192    or daughters of the said William Buller shall happen to
193    die without Issue of her or their Body or Bodies then and
194    as often as to the share or part of her or them so dying
195    without Issue to the use of the Surviving daughter or
196    daughters of the said William Buller and of the heirs of
197    her and their Body and Bodies lawfully to be begotten as
198    Tenants in Common and not as Joint Tenants and for default
199    of such Issue to the use and behoof of my own right heirs
200    for ever and as to for and concerning the said Manors or
201    reputed Manors of Street Rawleigh and Beautiport and the
202    Lands Tenements and hereditaments thereto belonging and
203    all other my Lands Tenements and hereditaments situate and
204    lying in the several parishes of Wimple and Aylbeare
205    to the use and behoof of my son William Buller and his
206    assigns for and during the term of his natural life without
207    Impeachment of or any manner of Waste Except voluntary
208    Waste in houses and Buildings and from and after the
209    determination of that Estate to the use and behoof of the
210    said Sir John Chichester and John Parker and their heirs
211    for and during the natural life of the said William Buller
212    upon Trust to support and preserve the Contingent uses
213    and
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214    and Remainders herein after limited from being defeated or
215    destroyed and for that purpose to make Entries and bring
216    actions as occasion shall require yet nevertheless to permit
217    and suffer the said William Buller and his assigns to receive
218    and take the Rents Issues and profits of all and singular
219    the said premisses to and for his and their own use and
220    benefit for and during the term of his natural life and from
221    and after his decease to the use and behoof of the eldest son
222    of the Body of the said William Buller lawfully to be
223    begotten and the heirs Male of the Body of such first son
224    lawfully Issuing and for default of such Issue to the use and
225    behoof of the second third fourth fifth sixth and of all and every
226    other Son and Sons of the Body of the said William Buller
227    lawfully to be begotten severally successively and in
228    remainder one after another and they and every of them
229    shall be in seniority of age and priority of Birth and of the
230    several and respective heirs Male of the Body and Bodies
231    of all and every such son and sons lawfully Issuing the
232    Elder of such sons and the heirs Male of his Body being
233    always preferred and to take before the younger of such Son
234    and Sons and the heirs Male of his and their Body and
235    Bodies Issuing and for default of such Issue to the use and
236    behoof of my said son James Buller and his assigns for
237    and during the term of his natural life without Impeachment
238    of or for any manner of Waste except Voluntary Waste in
239    houses and Buildings and from and after the determination
240    of that Estate to the use and behoof of the said Sir John
241    Chichester and John Parker and their heirs for and During the natural life
242    of the said James Buller upon Trust to support and
243    preserve the Contingent uses and Remainders hereinafter
244    limited from being defeated or destroyed and for that purpose
245    to make Entries and bring actions as occasion shall require
246    yet nevertheless to permit and suffer the said James Buller
247    and his assigns to receive and take the Rents Issues and
248    profits of all and singular the said premisses to and for his
249    and their own use and benefit for and during the term of
250    his natural life and from and after his decease to the use
251    and behoof of the first son of the Body of the said James
252    Buller lawfully to be begotten and the heirs Male of the
253    Body of such first son lawfully Issuing and for default of such
254    Issue to the use and behoof of the second third fourth fifth
255    sixth and all and every other son and sons of the Body
256    of the said James Buller lawfully to be begotten severally
257    successively and in remainder one after another as they and
258    every of them shall be in seniority of age and priority of
259    Birth and of the several and respective heirs Male of the
260    Body and Bodies of all and every such son and Sons lawfully
261    Issuing the Elder of such Sons and the heirs Male of his
262    Body being always preferred and to take before the
263    younger of such son and sons and the heirs Male of his
264    and their Body and Bodies Issuing and for default of such
265    Issue to the use and behoof of all and every the daughter
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266    and daughters of the said William Buller lawfully to be
267    begotten and of the heirs of the Body and Bodies of such
268    daughter and daughters lawfully Issuing severally and
269    respectively as Tenants in Common and not as Joint Tenants
270    and in Case and as often as any such daughter of daughters
271    of the said William Buller shall happen to die without Issue
272    of her of their body or Bodies then and so often as to the
273    share or part of her or them so dying without Issue to the
274    use of the Surviving daughter or daughters of the said
275    William Buller and of the heirs of her and their Body and
276    Bodies lawfully to be begotten as Tenants in Common and not
277    as Joint Tenants and for default of such Issue then to the use
278    and behoof of all and every the daughter and daughters
279    of the said James Buller lawfully to be begotten and of the
280    Issue of the Body and Bodies of such daughter and dau[ght]ers
281    lawfully Issuing severally and respectively as Tenants in Common
282    and not as Joint Tenants and in Case and so often as any
283    such daughter or daughters of the said James Buller shall
284    happen to die without Issue of her or their Body or Bodies
285    then and so often as to the share or part of her or them
286    so dying without Issue to the use of the Surviving daughter
287    or daughters of the said James Buller and of the heirs of
288    her and their Body and Bodies lawfully to be begotten as
289    Tenants in Common and not as Joint Tenants and for default of
290    such Issue to the use and behoof of my own right heirs for ever
291    and to and for no other use End Intent or purpose whatsoever
292    provided always nevertheless and I hereby Will order and
293    direct that it shall and may be lawful to and for the said
294    Sir John Chichester and John Parker and the survivor of
295    them and the heirs and assigns of such Survivor during
296    the Minority of my said sons James Buller and William Buller
297    or either of them and for the said James Buller and William
298    Buller after their respective attainment of the age of twenty
299    one years and after their deceases to and for all and every
300    other person and persons being in the actual possession of
301    the premisses hereby devised by Virtue of the limitations afores[ai]d
302    by any Deed or Deeds under his or their hands and seals
303    respectively to demise or Lease in possession but not in
304    Reversion Remainder or Expectancy the said premisses
305    or any part thereof unto any person or persons and for any
306    Term or Number of years not exceeding twenty one years
307    at the best and most Improved Rents without Fines and
308    also by such deed or deeds to Demise and Lease all and
309    every such part and parts of the same premisses as were
310    letten upon Fines on the sixteenth day of October which was
311    in the year of our Lord one thousand seven hundred and
312    Eighteen or by the Space of sixty years before had been
313    letten upon Fines unto any person or persons in possession
314    Reversion Remainder or Expectancy for any term or Number
315    of years determinable on the death or deaths of any and uses or
316    Reversion or persons in such deeds to be named so
317    as there be not at any time upon any part of the premises
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318    so to be demised or dated whether in possession Reversions
319    Remainder or Expectancy Including the Estates and Terms
320    to be granted by virtue of this power any further or other
321    Estate or Estates term or terms than for a number of years
322    determinable on the death or death of one two or three
323    person or persons at the most, the said persons being all
324    taken and computed together and so as upon every such
325    demise or Lease of the said premisses there be reserved
326    for the same during the Continuance of the respective terms
327    and Estates therein comprised the whole account Rents or
328    more or a Just proportion thereof in Case part of a Tenement
329    shall be separately demised and so as all the Rents reserved
330    or any demise to be made by virtue of any power herein
331    contained shall be made due and payable to such person
332    and persons to whom the next Immediate Reversion and
333    Remainder of the premisses shall for the time being appertain
334    and so as no such demise or Lease shall be made dispunishable
335    of Waste by any express Words therein contained nor without
336    such Covenants Conditions and agreements as are usual
337    in the like Cases and so as the several Lessees do deal and
338    Execute Counterparts of their respective Leases provided also
339    and I hereby further Will order and direct that it shall and
340    may be lawful to and for my said Grand Mother Elizabeth
341    Gould to dwell and reside in my Mansion House of Downes
342    and to have the use of the Furniture and Goods therein
343    and the produce of the Gardens thereto belonging during
344    the term of her natural life without paying or being liable
345    to pay any Rent or any other Consideration for the same
346    anything herein contained to the Contrary thereof in any
347    wise notwithstanding also I give devise and bequeath
348    unto the said Sir John Chichester and John Parker their
349    executors adm[inistrat]ors and assigns all that Leasehold
350    Tenement with the appurtenances lying in Crediton afore-
351    said and which I hold by Lease from the Dean and Chapter
352    or some other body of then of and belonging to the
353    Cathedral Church of Saint Peters in the City of Exeter upon
354    Trust nevertheless for such person and persons as shall for
355    the time being be in the possession of my Lands herein before
356    devised lying in Crediton aforesaid and I hereby will order
357    and direct that my said Trustees or the Survivor of them
358    and the Executors or adm[inistrat]ors of such Survivor do and shall
359    during the Minority of my said sons out of my Trust
360    Estate keep the said Leasehold Tenement still stated and
361    Renew the Lease thereof from time to time as Occasion
362    shall require It being my Intent and Meaning that the
363    said Leasehold premisses shall be lived and enjoyed with
364    my Freehold Estate lying in Crediton aforesaid and I hereby
365    further Will order and direct that my Body be buried in the
366    same decent manner as my late wife Husey Buller was
367    buried in the parish Church of Saint Thomas the Apostle
368    and as near as can be to the remains of my said late Wife
369    all the Rest Residue and Remainder of my Lands Tenements
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370    hereditaments Goods Chattels and Real and personal
371    Estate whatsoever and wheresoever Sum and Summes of Money
372    Moneys at Interest securities for Money Mortgages in
373    Fee and for terms of years and the Lands Tenements and
374    hereditaments comprised therein and all other my Real and
375    personal Estate whatsoever and wheresoever (after all
376    just debts Legacies and Funeral Expences are first satisfied
377    and paid I give devise and bequeath unto the said Sir John
378    Chichester and John Parker their heirs Executors adm[inistrat]ors
379    and assigns and I hereby make ordain constitute and
380    appoint them the said Sir John Chichester and John Parker
381    whole and sole Executors of this my last Will and Testament
382    hereby revoking all former and other Wills by me made upon
383    the Trusts and to the uses hereinafter mentioned expressed
384    and declared of and concerning the same to pay upon Trust
385    and to and for the only use benefit and advantage of my
386    said two sons James Buller and William Buller their heirs
387    Executors Administrators and assigns to be equally devided
388    between them share and share alike when and as soon as
389    they shall respectively attain the age of twenty one years and in case either of them shall happen to dye under the age of twenty one years
390    then the whole to go to and be vested in the survivor of them
391    and the heirs Executors administrators and assigns of such
392    survivor and to no other use whatsoever and I do hereby
393    further will order and direct that my said Trustees and the
394    Survivor of them and the heirs Executors or administrators of
395    such Survivor do and shall lay out and expend such Sum
396    and Sums of Money part of the Trust Estate in the
397    Maintenance and Education of my said two sons James
398    Buller and William Buller during their respective Minorities
399    as to my said Trustees shall deem meet and convenient and
400    that my said Trustees and the Survivor of them and the
401    heirs Executors and administrators of such Survivor
402    shall and lawfully may Retain and Employ with one or more
403    attorney or attorneys Stewards Agents or Receivers in the
404    Management of the Trust Estate and in the receiving the Rents
405    and profits thereof and Give such salary and salaries Rewards
406    or Compensations to such attorney or attorneys Stewards Agents
407    or Receivers respectively as my said Trustees shall think
408    proper and that my said Trustees respectively and their
409    respective heirs Executors and Adm[inistrat]ors shall be saved harm
410    less and kept indemnified of from and against and shall and
411    lawfully may deduct and retain to themselves severally out
412    of my Trust Estate for all such Costs Charges Trouble Damages
413    Losses and Expences as they shall or may severally be at sustain or
414    put unto for or by reason or means of the Trusts hereby in
415    them reposed or any way relating thereunto and that my
416    said Trustees shall be only answerable and accountable for
417    so much of the Trust Moneys as shall come to their hands
418    respectively and not thus one for the other of them Nor for the
419    acts Receipts payments defaults or Miscarriages one of the
420    other but each for his own acts Receipts payments defaults or
421    Miscarriages only Neither shall they be answerable or
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422    accountable for any loss that shall or may happen to the
423    Trust Estate unless it happened by their or either of their
424    Wilful Neglect or default and I hereby further Will order
425    and direct that my said Trustees respectively and their
426    respective Heirs Executors or adm[inistrat]ors shall and lawfully may
427    call in have and receive any of my Monies now at Interest
428    or invested in any or either of the publick funds and put
429    and place the same or any other of the Trust Moneys or
430    the Rents Issues and profits of the Lands Tenements or
431    hereditaments aforesaid at Interest or such security or
432    securities as they shall think proper or Invest the same
433    or any part thereof in any or either of the publick Funds or
434    Government securities and so alter and change the same
435    from time to time as occasion shall require and in Case
436    any Debtor or Debtors to the Trust Estate shall become
437    ensolvent so as not to be able to pay the whole of their
438    respective debt or debts that then and in every such case
439    and so often it shall and may be lawful to and for my
440    said Trustees to Compound for the same and to accept
441    and take only Dividend or Dividends as can or may be
442    had or gotten from such Insolvent Debtors Estate and Effects
443    in average with his other Creditors and give Receipts
444    and acquittances for the same accordingly as if the whole
445    of such Debt or Debts had been fully paid In Witness whereof
446    I the said James Buller the Testator have to this my last
447    Will and Testament contained in Seven sheets of paper
448    set my hand and seal in manner following to wit my hand
449    to the bottom of the first second third fourth fifth and sixth
450    sheets and my hand and seal to this seventh and last
451    sheet thereof this sixth day of July in the year of our Lord
452    one thousand seven hundred and sixty nine James
453    Buller The writing contained in this and the six
454    preceeding sheets of paper was duly signed sealed
455    published and declared by the above named James
456    Buller the Testator as and for his last Will and Testament
457    in the presence of us who have subscribed our Names as
458    witnesses thereof in his presence and at his request and in the
459    presence of each other of us John Lee, John Hugo, Thos
460    Westlake
461    This Will was proved at London on the third
462    day of March in the year of our Lord one thousand seven
463    hundred and seventy two before the Worshipful George
464    Harris Doctor of Laws Surrogate of the right Worshipful
465    George Hay Doctor of Laws Master Keeper or commissary
466    of the prerogative court of Canterbury lawfully constituted by
467    the Oaths of Sir John Chichester Baronet and John Parker
468    Esquire the Executors named in the said Will to whom
469    administration was granted of all and singular the goods
470    Chattels and Credits of the said deceased having been first
471    sworn duly to administer