Will of Henry Blake of Hungerford, Wiltshire - Swindon and Wiltshire Record Office P23-809, probated 4 Aug 1798

The testator is Henry Blake, husband of Mary Blake, whose will is also blogged today. I decided to do them together. The one having been probated at PCC and the other at Windsor. The will of Mary Blake is probated at PCC because it discusses people in more than one diocese and hence has to move to a higher court for probate.

Henry has asked to be buried in Ramsbury Church yard and a review of British History online found the following at Ramsbury:

http://www.british-history.ac.uk/report.aspx?compid=66514

BLAKE'S farm in Park Town tithing was in 1328 settled by Walter Blake on the marriage of his son Ralph (fl. 1341). (fn. 242) The farm descended in the Blake family, possibly with East Hayes manor in Ogbourne St. Andrew. (fn. 243) Thomas Blake held it in 1462 (fn. 244) and it descended to William Blake (d. c. 1550). (fn. 245) It belonged to the owners of East Hayes until, in the 18th century, it was acquired by one of the Pophams of Littlecote. Dorothy Popham, relict of Francis Popham (d. 1780), held it in 1780 when, as Ambrose farm, it was said to be in Ramsbury Town tithing. (fn. 246) The land has since remained part of the Littlecote estate. (fn. 247)

And a second reference:

http://www.british-history.ac.uk/report.aspx?compid=115441

The second freehold in Stoford, 1¼ yardland, which was held with 1 yardland in South Newton, belonged in 1462 to William Stourton, Lord Stourton (d. 1478). (fn. 136) In 1468 William gave it to his son John (Lord Stourton from 1478, d. 1485) and John's wife Catherine (d. 1494), later wife of Sir John Brereton. (fn. 137) It passed in turn to John Stourton's brothers William, Lord Stourton (d. 1524), and Edward, Lord Stourton (d. 1535), and with the Stourton title to Edward's son William (d. 1548), that William's son Charles (d. 1557), Charles's sons John (d. 1588) and Edward (d. 1633), Edward's son William (d. 1672), William's grandson William Stourton (d. 1685), and that William's son Edward, (fn. 138) who sold it to Henry Blake between 1693 and 1704. In 1704 Henry conveyed it to John Blake, who sold it in 1720 to John Powell (fn. 139) (d. 1737). It passed in turn to Powell's son (Sir) Alexander (d. 1784), Alexander's son Francis (d. 1786), and Francis's son Alexander. (fn. 140) Between 1815 and 1820 Alexander sold the estate, 112 a., to George, earl of Pembroke and of Montgomery, who added it to South Newton manor. (fn. 141)

The Wiltshire Poll Book of 1772 has been put on line:

http://freepages.genealogy.rootsweb.ancestry.com/~pobjoyoneill/ENGPOLLS/wil1772.html

Blake     Edward     Woottton Bassett     Uphaven
Blake     John         Burbage         Burbage
Blake     John         Millford         Ford
Blake     John         Purton             Rodborne Cheyney
Blake     John         Stratford         Stratford
Blake     Joseph         Sarum             Sarum
Blake     Richard     Woottton Bassett     Wootton Bassett
Blake     Robert         Woottton Bassett     Wootton Bassett
Blake     Thomas     Langford Steeple     Wishford
Blake     William     Bishopston         Bishopston
Blake     William     Woottton Bassett     Wootton Basset

I did check the Calendar of Patent Rolls to see if I could find Walter Blake at Ramsbury but need to have a little more time (scarce at the moment!) to really think about this Blake family. It is quite exciting finding them as they are living in the border areas of Wiltshire and Berkshire and not that far from where I found Blake in Berkshire in the 1500s on and this group were known to the Andover, Hampshire Blake family. The Berkshire Blake family rented land from the Andover, Hampshire Blake family. The 1328 period is coincidental with the time that the Blake family is first noted at Calne (1286 although I have not yet personally found this published reference to the Blake family there) by other authors.

This Blake line daughters out and Henry does not indicate that he has any brothers. If the James Blake he mentions at Overton is also the James Blake at Preshute he would be more of the age of Uncle to Henry and the rather interesting marriage of Henry Blake and Ann Dismore mentioned in the will of Mary Blake, wife of the present testator, does make one wonder if he is related to this family – perhaps cousin. More research, as always, is needed. The records are there. It is finding the time to pursue them that is lacking.

Transcriber: Elizabeth Kipp
Recorded: 20 Dec 2013
Source:  Swindon and Wiltshire Record Office P23-809
Name of testator: Henry Blake
Place: Hungerford, Wiltshire, England
Type of Record: Will
Dated: 6 Apr 1797, probated 4 Aug 1798
Read: Electronic file images

1    This is the last Will and Testament of me Henry Blake of
2    Charnham Street in the parish of Hungerford in the County of Wilts Victualler First
3    I desire that all my Just Debts and General Expences may be fully paid and ie
4    discharged by my Executors hereinafter Named And I desire that my Body may be buried
5    in Ramsbury Church yard near the Spot where my Father and Mother were laid I Give and
6    Bequeath unto my Friends James Blake of Overton in the County of Wilts Gentleman
7    and Francis Williams of Baydon in the same County Gentleman All that my personal
8    Estate Goods Chattels and Effects of what Nature or kind soever To hold to them
9    the said James Blake and Francis Williams and the Survivor of them his
10    Executors and Administrators Upon Trust that they my said Trustees and the Survivor
11    of them his executors and Administrators shall and will as soon as Convenient
12    next after my Decease Sell and Dispose of my Stock and Effects and call in and
13    Receive all Sum and Sums of Money that shall be then due and owing to me
14    and the Money arising thereby to place and lay out the same upon
15    Government or other good Securities and pay and Apply the Interest Dividends
16    and Annual produce thereof to my Dear and Loving Wife Mary Blake during
17    her live to and for her Sole use and Benefit but in case my said Trustees
18    and the Survivor of them his Executors and Administrators shall think it more
19    for the benefit and Advantage of my said Wife to continue in the Business at
20    the Red Lion Inn or any other that shall be for her Advancement in Life
21    Then I do hereby Authorize and Impower my said Trustees and the Survivor
22    of them his Executors and Administrators to act in such way and manner
    [Page 2]
23    As they in their Judgment shall think most expedient And from and
24    immediately after the Decease of my said Wife I direct my said Trustees and
25    the Survivor of them his executors and Administrators to pay unto my Daughters
26    Martha Ann and Hannah the Sum of Forty Pounds apiece out of my principal
27    Stock or Land and as to the Rest Residue and Remainder of my said personal Estate
28    and Effects I Give the same unto all and every my Daughter Namely Elizabeth Gould
29    Mary Pike and my said Daughters Martha Ann and Hannah to be Equally
30    divided between them Share and Share alike but as to the Share of my said
31    Daughter Mary Pike I desire my said Trustees and the Survivor of them
32    his Executors and Administrators to place out upon Government or other good
33    Security as aforesaid and permit and suffer my said daughter Mary Pike
34    to Receive only the Interest dividends and Annual Produce thereof for and
35    During her Natural Life and from and immediately after her decease I Give
36    and bequeath the part or Share of her my said Daughter Mary Pike unto
37    her Children Mary Ann and Elizabeth to be Equally Divided between them
38    Share and Share alike But in case it shall happen that any or
39    other of my said Daughters shall Depart this Life before she or they shall
40    become Intitled to her or their Share or Shares of my Personal Estate and
41    Effects as aforesaid leaving Issue of her or their Body or Bodies Lawfully
42    begotten Then it is my Will and Mind and I hereby Direct that the Child
43    or Children of her or them so dying as aforesaid shall have Receive and take
    [Page 3]
44    The like Share and proportion of my said Personal Estate and Effects as his her or
45    their Mothers would be intitled to if living under law by virtue of this my Will And
46    Further I hereby declare it shall be lawful for my said Trustees to deduct and
47    reimburse himself and themselves All Costs Charges and Expences incurred in the execution of the Trusts
48    hereby in them reposed And that they shall be Answerable Respectively only for such
49    Monies as shall come to their Respective Hands and not for the Receipts or acts of Each other
50    And lastly I hereby make Constitute and Appoint the said James Blake and Francis Williams
51    Sole Executors of this my Will hereby Revoking and making void all former and other Wills by
52    me at any Time heretofore made and Do declare this present Writing Contained in three
53    Sheets of Paper to be my last Will and Testament In Witness whereof I have to the first and
54    Second Sheet Set my Hand and to this last Sheet my Hand and Seal this Sixth day of April
55    in the year of our Lord one thousand Seven Hundred and Ninety Seven
56    Signed Sealed Published and Declared by the Testator
57    as and for his last Will and Testament in the presence of us
58    who at his Request in his Presence and in the Presence of each
59    other have Subscribed our Names as Witnesses hereto
60    James Hall
61    Jos. Cundell
62    Henry Blake
63    At Ramsbury on the 4th day of August 1798
64    Francis Williams one of the joint Exors above named
65    (the like power being reserved to James Blake the other
66    joint Exor) was duly sworn before me
67    Henry Hesly Official dio:
68    Effects under 300£

Will of Mary Blake, widow, Hungerford, Wiltshire - The National Archives PROB 11/1496/

Mary Blake is the testatrix and within her will below she mostly quotes from the will of her husband Henry Blake who was a victualler at Hungerford and his will was probated within the diocese of Windsor and not at the Prerogative Court of Canterbury. It is available and I shall acquire it to go along with this will of Mary Blake his widow. P23/809 – it is a scanned will of six pages and he was located on Charnham Street in Hungerford. The Wiltshire record office has wills available for £5.00. Most of my comments are with this will since I transcribed it first but also some commenting on Henry’s will which will also be posted today.

I am becoming enthusiastic again that I will complete the Wiltshire Wills by the end of December and hence move on to Hampshire wills in January. I have quite a number for Hampshire since I will receive 14 of my most wanted oldest wills for Blake in Hampshire for a Christmas present, I already have ten from the PCC not yet done and another twenty one of the oldest wills from Hampshire Record office. One of my coveted 14 wills is for a William Blake at Andover in 1831 and he is possibly the brother of my Thomas Blake of Upper Clatford (and I will likely at least read that one first of all). That remains to be seen of course but it would be a nice fit and give me details I am currently missing perhaps. In total I appear to have 45 Hampshire wills at hand and another ten to 15 during the time period that it will take to transcribe them (60 wills in total). I always think in terms of one will per day but can sometimes do two so looking at two months work before moving on to Gloucestershire where there are about twenty wills. From there I move back to Durham and then Essex just to bring me back to my alphabetization system. I dither on my path actually and will let it flow as it seems best at the time.

A James Blake of Overton is mentioned in this will and will also be mentioned in Henry’s will which is now downloaded and ready to transcribe when this one is complete. This one is lengthy, eight pages in total.

The children of Henry Blake and Mary Williams all baptized at Baydon, Wiltshire (Mary’s brothers live at Baydon):

Mary baptized 28 Oct 1769
Martha baptized 17 Jul 1774
Mary baptized 7 Feb 1776
Ann baptized 5 Sep 1779
Hannah baptized 28 Nov 1782

One of these Mary baptisms is perhaps Elizabeth and an error in transcription since the daughters are Mary, Martha, Elizabeth, Ann and Hannah.

An interesting marriage shows up on Find My Past for Henry Blake and Ann Dismore at Ramsbury, Wiltshire 7 Aug 1749; Henry is a yeoman and Anne a widow. Bondsman was James Blake, yeoman of Ramsbury.

Is James the brother of Henry? Is this Henry the father of Henry who later marries Mary Williams? Then found the marriage of Henry Blake, gent of Froxfield, Wiltshire and Mary Williams of Lambourn, Berkshire 22 Apr 1765 and the bondsman William Williams, gent of Lambourn. So not the parents of Henry who married Mary Williams. Interesting to find Mary from Lambourn and I begin to wonder if the James Blake at Preshute who left his will is the same James as the executor of Henry’s will. Henry asks in his will to be buried near his parents in Ramsbury Churchyard.

Marriages for the daughters of Henry and Mary Blake:

Elizabeth Blake of Baydon spinster married Thomas Gould of Aldbourne 25 Apr 1796. Bondsman William Warman, Aldbourne.

Mary Blake of Hungerford, spinster, married William Pike, of Hungerford 27 Jun 1791 with bondsman Robert Holloway, Hungerford

Martha Blake of Hungerford, spinster, married William Lye of Hungerford 7 Oct 1797 with bondsman Robert Miller of Ramsbury, Wiltshire.

Ann Blake of Hungerford, spinster, married Stephen Pullen of Bray, labourer 26 Jul 1802 with bondsman Timothy Webb, gent, Taplow, Buckinghamshire.

Mary Pike of Wantage, widow, married Francis Bartholomew of Wantage bachelor 28 Apr 1800 with John Reynolds, baker, Wantage as bondsman.

Mary, the testator, also mentions two of her grand children Mary Ann Pike and Elizabeth Pike.

Transcriber: Elizabeth Kipp
Recorded: 20 Dec 2013
Source: The National Archives, PROB 11/1496/284
Testator: Mary Blake, widow
Place: Hungerford, Wiltshire, England
Type of Record: Will
Date of document: 4 Aug 1808, probated 15 May 1809
Condition: 19th century English, legible copy

[Margin]: Mary
[Margin]: Blake

1    This is the Last Will
2    and Testament of me Mary Blake of Charnham
3    Street in the parish of Hungerford but in the
4    County of Wilts widow First I desire that all
5    my just debts Funeral and Testamentary
6    Expences be paid by my Executors herein-
7    after named as soon as Conveniently may
8    be after my decease and Whereas my late
9    husband Henry Blake did in and by his
10    last Will and Testament in writing bearing
11    date the Sixth day of April one thousand
12    seven hundred and ninety seven in trust
13    give and bequeath unto his Friends James
14    Blake of Overton in the County of Wilts
15    Gentleman and Francis Williams of Baydon
16    in the same County Gentleman all that
17    his personal Estate Goods Chattels and
18    Effects of what Nature or kind soever to
19    hold to them the said James Blake and
20    Francis Williams and the Survivor of them
21    his Executors and Administrators upon
22    trust that they his said Trustees and the
23    Survivor of them his Executors and Admors
24    should and would as soon as Convenient
25    next after his decease sell and dispose of
26    his Stock and Effects and Call in and
27    receive all Sum and Sums of money that
28    shall be then due and owing to him and
29    new money arising thereby to place and
30    lay out the same upon Government or
31    other good Securities and pay and apply
32    the Interest dividends and annual
33    produce thereof to me during my Life to
34    and for my sole use and benefit but in
    [Page 2]
35    Case his said trustees and the Survivor of them
36    his Executors and administrators should think
37    it more for the advantage of me to Continue
38    in the Business at the Red Lyon Inn or
39    any other that should be for my advancement
40    in Life then my said late husband
41    authorized and impowered his said trustees
42    and the Survivor of them his Executors and
43    administrators to act in such way and
44    manner as they in their Judgement should
45    think most expedient and from and
46    Immediately after my decease he directed
47    this said trustees and the Survivor of them
48    his Executors and administrators to pay
49    unto his daughters Martha Ann and
50    Hannah the Sum of Forty pounds apiece out
51    of his principal Stock or Funds and as to
52    the rest residue and Remainder of his said
53    personal Estate and Effects he gave the
54    same unto all and every his daughter
55    namely Elizabeth Gould Mary Pike and
56    his said daughters Martha, Ann and
57    Hannah to be equally divided between
58    them share and share alike but as to the
59    Share of his said Daughter Mary Pike
60    he desired his said trustees and the Survivor
61    of them his Executors and administrators
62    to place out upon Government or other
63    good Security as aforesaid and permit and
64    suffer his said daughter Mary Pike to
65    receive only the Interest dividends and
66    annual produce thereof for and during her
67    natural Life and from and immediately after
68    her decease he gave and bequeath the part
69    or share of his said daughter Mary Pike
70    unto her children Mary Ann and Elizabeth
71    to be equally divided between them share and
72    share alike but in Case it should happen
73    that any or either of his said daughters should
74    depart this Life before me or they should
75    become intitled to her or their share or
76    shares of his personal Estate and Effects as
77    aforesaid leaving Issue of her or their body
78    or Bodies lawfully begotten then it was his
79    Will and mind and he thereby directed that
80    the Child or Children of her or them so
81    dying as aforesaid should have receive and
82    take the Like share and proportion of
83    his said personal Estate and Effects as his
84    her or their Mothers would be intitled to
85    if living under and by virtue of his said
86    Will and whereas my said late husband
    [Page 3]
87    Henry Blake departed this Life on or about the
88    thirty First day of January one thousand Seven
89    hundred and Ninety Eight and the Letters of
90    Administration of his personal Estate and
91    Effects with his Will annexed were afterwards
92    duly granted to the said Francis Williams one
93    of the Joint Executors thereof (reserving the
94    like power to James Blake the other
95    Executor also named in the said Will) who
96    afterwards Caused an account of the personal
97    Estate and Effects of the said Henry Blake
98    to be taken which amounted in this
99    whole to the Sum of Three hundred and
100    sixteen pounds Sixteen Shillings and
101    whereas the several Legacies of Forty
102    pounds each to Martha Ann and Hannah
103    Blake three of the said testators Henry
104    Blake’s daughters amount to the Sum
105    of one hundred and Sixty pounds and the
106    respective shares of the said Martha Ann
107    and Hannah Blake and of the said
108    Elizabeth Gould and Mary Pike (now
109    Mary Bartholomew) respectively of and in
110    the residue and remainder of the said Testator
111    Henry Blake’s personal Estate and Effects
112    amounts to the Sum of thirty one pounds
113    seven Shillings and two pence Farthing
114    making in the whole the Sum of Three
115    hundred and Sixteen pounds Fifteen Shillings
116    and Eleven pence Farthing and whereas my
117    said daughter Elizabeth Blake intermarried
118    with Thomas Gould of Aldbourne in the
119    said County of Wilts Farmer and my said
120    daughter Mary Blake hath also intermarried
121    with Francis Bartholomew of Wantage
122    in the County of Berks Victualler and my
123    said daughter Martha Blake hath
124    also intermarried with William Lye of
125    Hungerford in the said County of Berks late
126    Victualler and my said daughter Ann Blake
127    hath also intermarried with Stephen Pullen
128    of Colnbrook in the County of Bucks Victualler
129    and my said other daughter Hannah
130    Blake is now living with me at Hungerford
131    aforesaid and unmarried Now I do hereby give
132    and bequeath unto my two Brothers John
133    Williams of Baydon in the County of Wilts
134    Gentleman and Francis Williams of the same
135    place Gentleman all and Singular my
136    Estate and Effects whatsoever and wheresoever
137    of what Nature or kind soever To hold to
138    them the said John Williams and Francis
    [Page 4]
139    Williams and the Survivor of them his Executors
140    and administrators upon trust that they my
141    said trustees or the Survivor of them his
142    Executors or Administrators shall and do as
143    soon as Conveniently may be after my
144    decease sell and dispose of my said Stock in
145    trade Estate and Effects whatsoever and
146    wheresoever (if necessary) and Call in and
147    receive all and every Sum and Sums of
148    money that shall be due and owing to me
149    at the time of my decease and out of the
150    money arising thereby to pay unto my said
151    daughter Martha Lye the Sum of Forty pounds
152    to my said daughter Ann Pullen the Sum of
153    Forty pounds and to my daughter Hannah
154    Blake the Sum of Forty pounds being the
155    Specific Legacys given and bequeathed to
156    them my said daughters in and by the
157    said Last Will and Testament of my said
158    late husband Henry Blake deceased and
159    also to pay unto my said daughters Martha
160    Lye Ann Pullen and Hannah Blake and
161    to the said Elizabeth Gould the Several and
162    respective Sums of thirty one pounds Seven
163    Shillings and two pence Farthing being
164    their Several and respective shares of and
165    in the residue and remainder of my said
166    late husbands personal Estate and Effects
167    so as aforesaid given and bequeath to
168    them in and by his said Last Will and
169    Testament to and for their several uses
170    and Benefit and as to the remaining Sum
171    of thirty one pounds Seven Shillings and
172    two pence Farthing so as aforesaid given
173    and bequeath by my said late husbands
174    Will In trust for my said daughter
175    Mary Pike (now Martha Bartholomew)
176    being her share of and in the residue of
177    my said late husbands Estate and Effects
178    as aforesaid I do hereby direct my said
179    trustees or the Survivor of them his Executors or
180    administrators as soon as Conveniently may be
181    after my decease by and out of the monies
182    arising from my said personal Estate
183    and Effects to lay out and invest the said
184    Sum of thirty one pounds Seven shillings and
185    two pence Farthing in the purchase of
186    Government or other good and Sufficient
187    Security in their Names or in the Names
188    of the Survivor of them his Executors or
189    administrators and to pay apply and dispose
190    of the Interest dividend and annual proceeds
    [Page 5]
191    thereof from time to time when and as the same
192    shall become due and payable unto my said
193    daughter Mary Bartholomew or her assigns
194    for and during the term of her Natural Life
195    and from and immediately after her decease
196    upon trust to pay assign and transfer the
197    part of share of her my said daughter Mary
198    Bartholomew and the Interest dividends
199    and proceeds thereof unto her Children
200    Mary Ann and Elizabeth Pike in equal Shares
201    and proportions but in Case it shall happen
202    that any or either of my said Daughters shall
203    depart this Life before she or they shall have
204    received her or their Legacy or Legacies given
205    and bequeathed to her or them as aforesaid
206    in and by my said late husbands will or
207    her or their share or shares of and in the
208    residue of the personal Estate and Effects of
209    my said late husband leaving Issue of her
210    or their Body or Bodies lawfully begotten then
211    it is my Will and mind and I do hereby
212    direct that the Child or Children of her or
213    them so dying as aforesaid shall have and
214    receive the like share and proportion thereof
215    as his her or their Mother or Mothers would
216    be intitled to, if living under and by virtue
217    of the will of my said late husband
218    Henry Blake deceased or of this my Will and
219    I do hereby direct my said trustees to transfer
220    and pay the same to her or them accordingly
221    which said Sums of Forty pounds apiece to
222    my said three daughters Martha Lye, Ann
223    Pullen and Hannah Blake and the said
224    Five several Sums of thirty one pounds Seven
225    Shillings and two pence Farthing to my
226    said daughters respectively are to be received
227    and taken by them respectively as and in
228    Full for their several and respective Legacies
229    given and bequeathed to them in and by
230    my said late husbands Will and their
231    respective Shares of and in the residue of my
232    said late husband Henry Blakes personal
233    Estate and Effects and upon further Trust
234    that they my said Trustees or the Survivor
235    of them his Executors or Administrators do
236    and shall in the next place pay thereout
237    unto my said daughter Elizabeth Gould the
238    further Sum of one hundred and Sixty Eight
239    pounds twelve Shillings and Nine pence
240    three Farthings and for her own proper
241    use and Benefit and that the same shall
242    not be liable to the debts Controul Contracts
    [Page 6]
243    or Engagements of her present or any other taken
244    husband she may intermarry with and
245    that her own receipt only shall be good and
246    sufficient discharge to my said trustees for the
247    said trustees for the same and upon further
248    trust to pay thereout unto my daughter
249    Mary Bartholomew the like Sum of One
250    hundred and Sixty Eight pounds twelve Shillings
251    and Nine pence three Farthings to and for her
252    own proper use and benefit and that the same
253    shall not be liable to the debts Controul
254    Contracts or Engagements of her present or any
255    after taken husband she may intermarry with
256    and that her own receipt only shall be good and
257    Sufficient discharge to my said trustees for the
258    same and upon further trust to pay unto
259    my said daughter Martha Lye the Sum of
260    one hundred and twenty Eight pounds twelve
261    Shillings and Nine Pence three farthings
262    to and for her own proper use and benefit and
263    that the same shall not be Subject or liable to
264    the debts Controul Contracts or Engagements of
265    her present or any after taken husband she
266    may intermarry with and that her own
267    receipt only shall be a good and sufficient
268    discharge to my said trustees for the same
269    and upon further trust to pay to my said
270    daughter Ann Pullen the like Sum of one
271    hundred and twenty Eight pounds twelve Shillings
272    and Nine pence three Farthings to and for
273    her own proper use and Benefit and that the
274    same shall not be Subject or liable to the
275    debts Control Contracts or Engagements of her
276    present or any after taken husband she may
277    intermarry with and that her receipt only
278    shall be a good and Sufficient discharge to
279    my said trustees for the same and upon
280    further trust to pay unto my said daughter
281    Hannah Blake the Sum of one hundred and
282    twenty Eight pounds twelve Shillings and Nine
283    pence three farthings to and for her own
284    proper use and Benefit and upon further
285    trust that they my said trustees or the
286    Survivors of them either Exors or Admors of such Survivor do and shall as soon as Conveniently
287    may be after my decease by and out of the
288    monies to arise from my said personal
289    Estate and Effects lay out and invest the
290    Sum of one hundred pounds in the purchase
291    of 3 p[er] Cent Consolidated securities of
292    the Bank of England or on other good Security
293    or Securities in their Names or in the Name
294    of the Survivor of them his Executors or
    [Page 7]
295    administrators upon trust to pay assign
296    and transfer the said annuity or
297    Security so to be purchased unto my two
298    Grand daughters Mary Ann and Elizabeth Pike
299    to and for their own respective use and benefit
300    in equal Shares and proportions when and
301    as they shall respectively attain their age of
302    twenty one years and in the mean time to
303    pay apply and dispose of the Interest dividends
304    and annual produce thereof for and during
305    their Maintenance Education and Support and
306    in Case either of my said Grand Children shall
307    die before she attains the said age of twenty
308    one years then upon Trust to pay assign and
309    transfer the Share of her so dying to the
310    Survivor of my said Grand Children when
311    and as soon as she shall attain her Age
312    of twenty one years the dividends Interest
313    and annual profits thereof in the meantime
314    to be paid applied and disposed of by my said
315    Trustees or the Survivor of them his Executors
316    or administrators for and towards the
317    Maintenance Education and Support of the
318    Survivor of my said Grand Children all the
319    rest residue and remainder of my Estate and
320    Effects both real and personal whatsoever and
321    wheresoever I give devise and bequeath the
322    same to my said daughter Hannah Blake
323    her heirs Executors and administrators to
324    and for her and their own use and benefit and
325    I will that my said Trustees and Executors
326    shall not be answerable the one for
327    the other or for the acts deeds or defaults
328    of the other nor shall either of them be
329    answerable or accountable for any part of
330    my Estate and Effects but such as shall
331    Come to his or their respective hands and
332    I do hereby authorize and impower my said
333    Trustees to retain and Satisfy themselves
334    by and out of my said Trustees to retain and
335    satisfy themselves by and out of my said
336    Estate and Effects all such Costs Charges
337    damages and Expences as they or either of them
338    shall be put unto in or about the Execution
339    of the trust of this my Will and I do hereby
340    revoke all other Wills by me heretofore
341    made and declare this only to be and
342    taken as and for my last Will and
343    Testament and I do hereby appoint my said
344    Brother John Williams and Francis
345    Williams joint Executors of this my Will
346    In Witness whereof I the said Mary Blake
    [Page 8]
347    have to the five first Sheets of this my Will contained
348    in Six Sheets of paper set my hand and to this
349    the Sixth and last Sheet thereof my hand
350    and Seal the Fourth day of August in the
351    year of our Lord one thousand Eight hundred
352    and Eight Mary Blake Signed Sealed
353    published and declared by the said Testatrix
354    Mary Blake as and for her last Will and
355    Testament in the presence of us who in
356    her presence at her request and in the
357    presence of each other have subscribed
358    our Names as Witnesses thereto (the words
359    or in other good Security or Securities” being
360    first interlined between the twenty Fifth and
361    twenty Sixth Lines from the Top of the Fifth
362    Sheet hereof and the Words “or Securities”
363    written on an Erasure on the Twenty Eighth
364    Line from the Top of the said Fifth
365    Sheet James Hall Joseph Read
366    This Will was proved at London the fifteenth
367    day of May in the year of our Lord one thousand
368    Eight hundred and Nine before the Right honorable
369    Sir John Nicholl Knight doctor of Laws Master
370    Keeper or Commissary of the Prerogative Court
371    of Canterbury lawfully Constituted by the Oaths
372    of John Williams and Francis Williams the
373    Brother and Executors named in the said
374    Will to whom administration was granted
375    of all and Singular the Goods Chattels and
376    Credits of the said deceased having been first
377    Sworn by Commission duly to administer

Will of Eliza Blake, widow of Burnham, Somerset - The National Archives PROB 11/2095/371, probated 20 Jul 1849

Eliza Blake is the mother of Durell Blake whose will was blogged 27th September 2013:

http://kippeeb.blogspot.ca/2013/09/will-of-durell-blake-gentleman.html

The will of Eliza Blake has been probated eight days after her son Durrel Blake’s will was probated. George Poole, brother in law of Durrel and son in law of Eliza (he is married to her daughter Jane) has taken probate on both wills.

Eliza was married to Captain John Blake and she was a sister to Anne Sophia Blake whose will was blogged:

http://kippeeb.blogspot.ca/2013/09/will-of-anne-sophia-blake-widow-of.html

25th September 2013. Anne Sophie was married to Captain Michael Anthony Blake of Galway. What is not known is whether or not John husband of Eliza and Michael husband of Anne Sophie were related although both are from Galway. But just to make it very interesting both Eliza (the testatrix) and Anne Sophia were grand daughters of Captain Thomas Philip Durrell (Royal Navy).

http://www.cichw1.net/pmdurelltp.html

This is my first set of wills that pertain to the Galway Blake family and at this point it seems apt to look at one of the published works of the Blake family of Ireland:

Blake Family Records 1300 to 1600 by Martin J Blake

was my first book on the Blake family in Galway. He lists the progenitor of this Blake family as Richard Cadel. Martin Blake is a descendant of the Galway Blake family and had at hand a good deal of original material which he published. His records include a deed of grant in fee to Richard Cadel, surnamed Blake dated 1315. The records were passed down in the senior line of this Blake family down to 1788 when John Blake (15th in eldest lineal descent from Richard Cadel) died without issue. In the will of this John Blake, dated 27 Feb 1787 (probated PCC 21 Feb 1788), devised his estates to his first cousin John Blake (younger son of John Blake’s uncle Mark Blake). By a circuitous path they eventually came into the hands of the author.

Both Captain Michael Anthony Blake and Captain John Blake of Galway were born in the late 1700s. Looking towards the back of the book I can see that the family of Sir Edward Blake (son of William Hume Blake and Catharine Hume) is listed and his ancestry back. This Blake family continues in Canada but this is not my line as my Blake line is from Upper Clatford and before that Andover, Hampshire. The interesting part in this is that the father of William Hume Blake was the Reverend Dominick Edward Blake and that takes us back into the 1700s as Dominick was born in 1771 at Castlegrove, Galway.

I do not find either of these Blake lines in this book on the Galway Blake family but it is a very large family. I have meant to have a look at this published book on the Galway family and the opportunity wasn’t missed at this time. Placing these Blake lines into the Galway Blake family would be rather interesting I suspect. Later in the discussion I discover there is a second volume by Martin Blake and there is a reference that is interesting for this family on page 196.

From a requester on one of the Blake researcher sites: Durell Blake lived at Elkington Hall Somerset and Belmont county Galway was born by 1826. She however thinks that Durell Blake and John Durell Blake are the same person and I am not sure. The will of John is still to come. She has the other son as Daniel. Father Captain John Blake (married to Eliza the testatrix of this will) was of Belmont county Galway as well. Possibly a rather confusing family especially as the Harwood descendants in the US did not know the children of Eliza Durell Blake. Nor did they realize that he was also in the military and a Captain (i.e. Captain John Blake).

Another query on the same site and this is a Francis C Harwood looking for information on Captain Michael Anthony Blake who married Sophia Anne Durell 6 December 1815 at St Martin in the Fields, London. This researcher says that Michael was born in Tuan, county Galway and that his father was John Blake an ancestor of the family of Blake at Belmont county Galway. That would seem to indicate that Michael and John were related perhaps. Was their father John. He found this information in the book I was looking at above on Page 196 so will return to that page and see what is listed by Martin Blake in his book on the Blake family at Galway. The researcher continues with the information that Captain Michael Anthony Blake was in the 13th Somerset Light infantry and first appears in the 1806 Army list as Lt. Blake with a seniority date of 11 Jul 1805. He was promoted to Captain on 10 Jun 1813 and went on half pay 7 Mar 1816 and continued in this capacity until the Army list of 1825. The researcher thinks that he died in 1826 at Waterslade court, Fulham South West, London.

Paraphrased: John, ancestor of the family of Blake of Belmont, county Galway was born 26 Feb 1745 and married Miss Cuffe, sister of James Cuffe (afterwards first Baron Tyrawley), by whom he had a number of descendants some of whom now live in the United States.

The question remains are Michael Anthony Blake and John Blake closely related and descendant of this John Blake who was a son of George Blake and Juliane Lynch. George was born in July 1700 and was the second son of Martin Blake of Moyne.

I have decided to put these trees that Martin Blake has put together into Legacy in order to be able to search and utilize the information more readily. It will be a back burner project that I will work away at “in my spare time :)” but will be a start on the Blake family of Ireland which is very extensive and possibly larger than the Blake family of England. Still to look at are Scotland and Wales (although the Blake family descendant of Richard Cadel would have been originally Welsh as he was).

Curious now about the will of John Durell Blake to come.

Transcriber: Elizabeth Kipp
Recorded: 1 Oct 2013
Source: The National Archives, PROB 11/2095/371
Testator: Eliza Blake, widow
Place: Burnham, Somerset, England
Type of Record: Will
Date of document: 9 Sep 1846, probated 20 Jul 1849
Condition: 19th century English, legible copy

[Margin]: Eliza
[Margin]: Blake
[Margin]: 5

1    This is the last Will and Testament
2    of me Eliza Blake of Burnham in the County of Somerset Widow I
3    give devise and bequeath all my real and personal Estate unto my sons
4    Durell Blake and John Durell Blake equally to be divided between them
5    share and share alike as tenants in common and I appoint the said Durell
6    Blake and John Durell Blake Executors of this my Will and I revoke all
7    former Wills and declare this to be my last Will dated this ninth day of
8    September one thousand eight hundred and forty six Eliza Blake
9    Signed published and declared by the said Eliza Blake as her last Will in
10    the presence of us present at the same time Dan[ie]l Gould Solicitor
11    Honiton Jno E Burt Burnham
12    Prerogative In the Goods of Eliza Blake
13    Widow deceased
14   Appeared Personally John Edwin Burt
15    of No 40 Silvester Street Kingston upon Hull in the County of York Officer
16    of her Majesty’s Customs and made oath that he is one of the subscribed
17    witnesses to the last Will and Testament of Eliza Blake late of Burnham in
18    the County of Somerset Widow deceased bearing date the ninth day of
19    September one thousand eight hundred and forty six and now hereunto
20    annexed and he further made oath that on the said ninth day of September
21    in the year one thousand eight hundred and forty six the said Testatrix duly
22    executed her said Will by signing her name at the foot or end thereof in
23    manner as now appears therein in the presence of this deponent who then
24    resided at Burnham aforesaid and of Daniel Gould of Honiton in the
25    County of Devon Solicitor the other subscribed witness thereto both of whom
26    were present at the same time and thereupon the said Daniel Gould and
27    the deponent respectively attested and subscribed their names and places of
28    residence to the said Will in manner as also now appears thereon in the
29    presence of the said Testatrix and of each other Jno E Burt
30    on the 17th day of July 1840 the said John Edwin Burt was duly sworn
31    to the truth of this Affidavit Before me A Waddilove Jun[io]r
32    in the presence of J Henry Pitcher Not. Pub.
    [Page 2]
33    On the 20th day of July 1849 Admon (with the Will annexed) of the
34    goods chattels and credits of Eliza Blake late of Burnham in the County of
35    Somerset Widow deceased was granted to George Poole the acting Executor
36    of the Will of John Durell Blake Esquire deceased whilst living the Son and
37    one of the Executors and Universal Legatees named in the said Will having been
38    first sworn duly to administer. Durell Blake and the said John Durell Blake
39    the Son the Executors and Universal Legatees named in the said Will respectively
40    survived but died without having taken upon themselves the probate and
41    execution of the said Will.

Will of Elizabeth Blake, widow, Dorchester, Dorset - The National Archives 11/452/203, probated 11 Sep 1699

It is always pleasant to read a will and know how this person fits into the Blake families. In this case Elizabeth Blake, widow, the testatrix, is the second wife of Peter Blake of Andover late High Sheriff of the County of Southampton. His will was probated in 1692 and can be seen in my blog:

http://kippeeb.blogspot.ca/2012/09/will-of-peter-blake-of-andover-national.html

By the time Elizabeth is writing her will the only child of Peter Blake still living is Sarah Lambert (married to Edward Lambert as mentioned in this will) and she has inherited her brother’s property. Peter asks his brother in law James Gould to assist with the Joynture for his wife Elizabeth.

This family is listed in the Visitation of Hampshire 1686 and I am constantly left to wonder if someone could record his great grandfather incorrectly. Certainly that happened with the Siderfin family where my line was placed in the wrong section by the author of the Siderfin Family of West Somerset. The Visitation suggests looking at the Visitation of London 1634 and going to that particular document you find that there is only the simple entry or Richard Blake of Andover marrying Jone Blake daughter of William Blake and their son Richard Blake of Tower Ward (2 sons, gent). This is signed but it is in the Visitation of London 1663-4  on my disk. This particular Richard Blake of Tower Ward left his will in 1643. This Richard Blake is the son of Richard Blake and Jone Blake and he helps by listing his siblings to place himself into the correct family. I am fairly convinced that this Richard Blake married to Jone is the son of William Blake and Elizabeth (unknown) with William leaving his will in 1582 naming all of his children. Both of these wills have been blogged along with the will of Richard father of Richard Blake of Tower Ward:

http://kippeeb.blogspot.ca/2011/02/richard-blake-will-of-23-mar-1643.html

As I searched back through my blog I realize that I have never published the will of Richard Blake 1622 Grandfather of Peter Blake (husband of the testator and this Elizabeth his second wife). Hence it is appearing just before this will of Elizabeth Blake of Dorchester, Dorset.


Transcriber: Elizabeth Kipp
Recorded: 27 Aug 2013
Source: The National Archives, PROB 11/452/203
Testator: Elizabeth Blake, widow
Place: Dorchester, Dorset, England
Type of Record: Will
Date of document: 10 Mar 1696, probated 11 Sep 1699
Condition: 17th century English, legible copy

[Margin]: T[esta]m[ent]
[Margin]: Elizabetha Blake

1    In the Name of God Amen:
2    I Elizabeth Blake of Dorchester in the County of Dorset Widdow revokeing
3    all former Wills for me made doe hereby make and ordaine this my last Will and
4    Testament Imprimis I bequeath my Soul into the hands of God my gracious Father
5    and Jesus Christ my blessed Redeemer And as for my temporall Estate I dispose
6    thereof as followeth viz[ a vi]t I give to Elizabeth Bennett the daughter of Thomas
7    Bennett of Sarum Grocer the summe of Twenty pounds Item I give unto my Servant
8    Ann Wilkins the summe of ten pounds to be paid her within one Month after my
9    decease and alsoe all my weareing Apparrell Item I give unto the poor of the Towne
10    of Dorchester aforesaid the summe of ten pounds to be distributed amongst them
11    by my Executor as hee shall think fit Item I give unto Barrick Rowell of Dorchester
12    aforesaid Clerke the summe of Five pounds Item I give unto Timothy Sprint now or
13    late of Clatford in the County of South[amp]ton Clerke and unto George Hamond of
14    London Clerke unto each of them a Mourning Ring of twentie Shillings value at the least
15    each Item I give unto my Brother James Gould Esq[uie]r and his daughter and to
16    my Brother George Gould gent and his Wife and to my Bro Samuel Gould
17    and his Wife and to my sonne in Law Edmund Lambert Esq[uie]r and
18    his Wife unto each of them a mourning Ring of twenty shillings value each at
19    the least And my will is that the severall summes before given except that given
    [Page 2]
20    to my servant be paid within three Monethes after my decease And I do
21    hereby make my said Brother George Gould of Dorchester gent full and sole
22    Executor of this my last Will and Testament Witness my hand and Seale this tenth
23    day of March in the year of our Lord one thousand six hundred Ninety Six Elizabeth
24    Blake Sealed and published by the Testatrix to be her last Will in the presence of Abra:
25    Templeman Pet: Templeman
26    I the within named Elizabeth Blake doe hereby give unto the within named
27    Barrick Rowell Clerke over and above the summe of Five pounds within men[t]ioned
28    the further Legacy of Five pounds more to be payd when the other is made payment
29    alsoe I doe hereby give unto my Servant Ann Wilkins over and above her
30    legacies within men[t]ioned one fine pair of Sheets and a paire of pillowpies Willing
31    that this Indorsement be taken as part of my last Will Witness my hand this three
32    and twentieth day of October Anno domini one thousand six hundred Ninety
33    seven Elizabeth Blake Witness hereto Abra: Templeman Pet: Templeman

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
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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
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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
    [Page 8]
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
    [Page 10]
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