Showing posts with label Herle. Show all posts
Showing posts with label Herle. Show all posts

Tuesday, February 12, 2013

Will of Richard Buller Esquire of Shillingham - The National Archives PROB 11/422/262, probated 1 Sep 1694

When this Richard Buller dies and leaves his estate to Francis and James Buller (sons of his brother Francis), I am left to think he is the last of his line save his two nephews. Later James died as the last in the line and the properties of this branch passed to John Buller of Morval and he was a younger brother of Sir Richard. However there are a couple of lines not accounted for in the Visitation. Can one assume that they have died out? Possibly not because Francis was the next eldest to Sir Richard followed by John (Mathew appears to have died). I have one line to keep an eye on in the future but I may have answers to that by the next couple of wills in Cornwall.

It really isn't unusual that so many of them did not marry. There was no advantage to them in marrying if they did not have sufficient property to bring up their children in the style to which they were accustomed. However, with the advent of America in the 1600s younger sons could and did go there to make their fortune and even earlier they were involved with the trading companies.

No answers yet on my Buller line but then they are in London in the 1760s and I have not yet reached that time period with these wills.

Transcriber: Elizabeth Kipp
Recorded: 5 Feb 2013
Source: The National Archives, PROB 11/422/262
Testator: Richard Buller
Place: Shillingham, Cornwall, England
Date of document:  8 Apr 1686, probated 1 Sep 1694
Read: Electronic copy images
Document quality: 17th century English, legible copy

 [Margin]: Richardi Buller

1    In the name of God Amen
2    Richard Buller of Shillingham in the County of Cornwall Esquire
3    doe make constitute and ordaine this my last Will and Testament
4    in manner following First I bequeath my soul to my blessed Lord
5    and Saviour in hopes of obtaining a Life Everlasting my Body
6    to the Earth to bee Buried as my Executor hereafter shall appoint
7    I give to my Sister Russell Twenty pounds to my Sister Herle
8    Twenty pounds Item I give to my Nephew James Buller Twenty
9    pounds Item I give all my Goods and Chattells Deeds Sum[m]e and Sum[m]s
10    of money to mee owing or due unto my Nephew Francis Buller
11    and I make and constitute Sir Walter Moyle Knight to bee my
12    Executor but In Trust for the use and benefit of my said Nephew
13    Francis and if hee shall happen to dye before his Age of Eighteene
14    yeares then In Trust for my said Nephew James and if both of
15    Them shall happen of my said Nephews to dye before their
16    respective Ages of Eighteene then the said Sir Walter to bee in
17    Trust for my Neice Katherine Buller to whom I give five
18    pounds Item I give to my Cussin Margarett Hals to my Cossin
19    Thomazin and Anna Buller to each of them Tenn pounds to
20    buy them Mourning Item I give unto my Lady Maynard
21    Twenty pounds to my Sister Adams Tenn Guineas I give to
22    John Wipple and Joan his Wife to same of them Five pounds
23    to my Man Thomas Millers I give five pounds In Witness
25    whereof I have hereunto put my hand and seale this Eight
26    day of Aprill in the second yeare of King James the Second
27    Annoqz d[omi]ni One Thousand six hundred Eighty Six Richard
28    Buller Signed Sealed and published in the presence of
29    John Buller James Burdwood Ivan Tutnill

Monday, February 4, 2013

Will of James Buller Esquire of Shillingham - The National Archives PROB 11/519/409, probated 7 Nov 1711

James Buller (testator) is the brother of Francis-4 and their father was Francis-3 married to the daughter of Sir James Rushout of Maynard's Green in Essex first and second to Mary Maynard and this Mary was the daughter of his stepmother Lady Katherine Maynard (wife of Sir John Maynard). Francis-3 married second to Dame Maynard had suffered forfeiture in 1666 and he had taken refuge with Dame Maynard at this time. Dame Maynard had married her daughter Mary to Francis-4 (eldest son of Francis-3) and settled her estates on this couple presumably thus avoiding forfeiture perhaps due to her marriage to Francis-3 Buller. A very complicated family line although as you write it all down it gradually smooths out.

From the Visitation of Cornwall it is stated that with the death of James Buller the estates mentioned in the Francis Buller wills then passed to the Morval Branch and this was presumably John Buller of Morval and the Isle of Thanet who married first Anne Coode of Morval  and second Anne daughter of Walter Langdon of Keverell. I believe that all of the children of John Buller were born of his first wife Anne Coode and included Ann married to George Parker (whose name appears in this will), Thomasine, Elizabeth married to John Worth, Mary married to Thomas Dodson and the heir of John his son John who was MP for E. Looe during Commonwealth. This John was married to Mary Polloxfen the daughter of Sir Henry Polloxfen Knight who was Chief Justice of the Court of Common Pleas. Their children were Mary Ann married to Christopher Harris and John Francis Buller (son and heir) who married Rebecca daughter and coheir of Sir Jonathan Trelawny Baronet and Bishop of Winchester. There is a lot of history in this family and Sir Jonathan Trelawny himself has an interesting history attached to him. John Francis Buller was thus the  heir of John Buller married to Mary Polloxfen and his will is included in the group to follow in Cornwall.

The next set of Wills will be the Johannis-1 and Johannis-2 wills followed by the John-1 and John-2 wills and then the will of John Francis. I can not be sure that the Visitations list all children of these families and in particular sons since I am looking for parents for my Christopher Buller in London. Again I do not think this is my particular line; I am more inclined to think that they descend from the Somerset Buller family but for sake of completeness I will continue with my marathon of Buller wills.

Transcriber: Elizabeth Kipp
Recorded: 3 Feb 2013
Source: The National Archives, PROB 11/519/409
Testator: James Buller Esquire
Place: Shillingham, Cornwall, England
Date of document: 7 Nov 1707, probated 7 Nov 1711
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: T[esta]m[ent]
[Margin]: Jacobi Buller
[Margin]: Arm:

1    The last Will and Testament
2    of me James Buller of Shillingham in the County of Cornwall Esq[uie]r
3    I give devise and appoint that my Executors herein after named
4    shall and do pay unto the proper hands of my Aunt Herle exclusive
5    of her present and of every or any husbands and husband which
6    she may hereafter marry the yearly sum[m]e of 60 li to be
7    paid her by Quarterly payments during her life. Item I give unto
8    my Godson Sir Erasmus Norwich one hundred pounds for a
9    point of plate to Sir Cholmely Derings Eldest Sonn Fifty pounds
10    for a peice of plate To my Sister Norwich one hundred pounds
11    To my Aunt Williams Fifty pounds To the poor of the parish of
12    St Stephens near Saltash Fifty pounds To the poor of Isleham
13    Tenn pounds to Mr. Smith of Probus Twenty pounds Item I give
14    to Sir Walter Moyle Kn[igh]t and Mrs. Pengelly Widow and Mr Sam:
15    Lyne my Steward a full Release and discharge from any Iarlier
16    trouble concerning their accompts hitherto produced To the
17    Servants that shall be with me at the time of my death Tenn
18    pounds each All the Rest and Residue of my Personall and
19    Testamentary Estate of what nature or kind soever after the
    [Page 2]
20    charges of my Funerall all my just debts which I shall owe at
21    the time of my death are discharged and satisfied and my Legacies
22    herein or hereby given are paid I give unto Sir William Coryton
23    of Newton in the County of Cornwall Baronet Francis Wills of
25    Wivelscombe in the same County Esq[uie]r and William Hancock of
26    Hendra in the said County of Cornwall Esq[uie]r whom I make sole
27    Executors of this my last Will upon Trust nevertheles that they
28    stand possessed of the same To the use and for the benefit of such
29    person or persons as shall be intituled to my Capitall Mansion
30    house of Shillingham in the said County of Cornwall And my
31    Will and meaning is and I do hereby declare devise and appoint
32    that in case and if so be that my personall and Testamentary
33    Estate shall prove any ways defective or insufficient for the paying
34    satisfying and discharging my said Funerall Charges debts and
35    Legacies That in such case the said Sir William Coryton Francis
36    Wills and William Hancock shall raise such sum[m]es as shall be
37    necessary for those purposes out of the Term of 500 years
38    limited or mentioned in one Indenture Tripartite made or
39    mentioned to be made the 25th day of November 1707: betweene myself
40    of the first part the said Sir William Coryton Francis Wills and
41    William Hancock of the second part and George Parker and Walter
42    Moyle Esq[uie]rs of the 3d part and out of all or any the Mannors and
43    Lands therein comprized pursuant to the Trusts declared of the said
44    Term and by any the ways and means in the same Indenture
45    mentioned for the raising money out of the said Term of 500 years
46    In testimony that this is my last Will and Testament I have
47    hereunto set my hand and Seale this 7th day of November 1707:
48    of Feb 1708/09: Ja: Buller Signed and published in the presence of A: B:
49    C: D: E: F.
50    14th Septemb[er] 1710
51    Mr Bullers Will within written on two half sheets of paper was
52    declared and published by him to be his last Will and Testament this
53    day in presence of Jo: Buller, Fr: Pengelly, Wm Smyth, E. Hill, Leon:
54    Wetherley, S: Lyne

Sunday, February 3, 2013

Will of Francis Buller Esquire of Isleham Cambridgeshire - The National Archives PROB 11/422/263, probated 3 Sep 1694

This is the will of Francis-5 Buller. They are not in their order of appearance (i.e. date order). This will is said to be for Francis Buller of Isleham Cambridgeshire but actually within the body of the will Francis Buller states that he is late of Shillingham Cornwall now Isleham Cambridgeshire. Just to place him he is the father of Francis-3. His has been a sad life. His first wife and mother of all of his children (Elizabeth daughter and heir of Ezekiell Grose of Golden) died and his second wife was Lady Kathrine wife of Sir John Maynard. His only living son in 1681 at the time of the will being written was Richard (captain in the army) with his brothers William, John and Francis all having been buried before 1681. Although he wrote his will in 1681 he did not appear to have died until closer to 1694. His daughters were Thomasine, Sarah and Margaret. This entire male line appears to have died out as there are no descendants for Richard (Captain in the army either). The heir at law to Captain Richard Buller was John Buller of Morval brother to this testator Francis-5 and they were the sons of Francis Buller and Thomasin Honywood (Francis -2).

Indeed Francis Buller and Thomasine Honywood had a large family which included ten other sons who died as infants and three daughters who died as infants - fifteen children in all. But I have now established that all the male lines coming down from Francis Buller and Thomasine Honywood had just one line that continued and that was the line of John Buller of Morval and the Isle of Thanet (there were descendants from daughters who married). His line continues on the Visitation and I need to work through this set of information at some point to determine if I can find a line that might have moved to Bermondsey/St Olave but I still rather think my best bet is with the Somerset Buller family.


I picked up the Cambridgeshire Buller will and will now return to Cornwall to work on the remaining wills in that county namely, James, John-1, John-2, John Francis, Marie, Richard-1, Richard-2, Richard-3, and Thomazine.

Transcriber: Elizabeth Kipp
Recorded: 2 Feb 2013
Source: The National Archives, PROB 11/422/263
Testator: Francis Buller Esquire
Place: Isleham, Cambridgeshire, England
Date of document: 28 Nov 1681, probated 3 Sep 1694
Read: Electronic copy images
Document quality: 17th century English, legible copy

[Margin]: T[esta]m[ent]
[Margin]: Francis
[Margin]: Buller

1    In the name of God Amen
2    I Francis Buller Esquire the Elder late of Shillingham in the County
3    of Cornwall and now of Isleham in the County of Cambridge Revoaking
4    all former Wills being sicke of Body but of sound memory praised bee God
5    doe make and ordaine this my last Will and Testament in manner and
6    forme following First I recom[m]end my soul into the hands of God hoping
7    for everlasting Life through and by the onely merits of Jesus Christ My
8    Body I comitt to the Earth to bee buryed at the discretion of my Executor
9    thereafter named Imprimis I give unto my Dear Wife the Lady
10    Katherine Maynard Tenn Pounds Item I give to my Daughter
11    Sarah Buller Tenn Pounds Item I give to my Dear Grandchildren
12    Francis and James and Katherine Buller to each of them One
13    peice of Old Queen Elizabeths Gold of Twenty Two Shillings a
14    peice Item I give unto my good friend Mr Roger Peachy Five
15    pounds Item I give unto my Dear Friend and Couzin John Herle
16    Esquire Five pounds Item I give unto my old servant William Foulke
17    Five pounds Item I give unto my Godsonne Mr Francis Pengelly
18    One Guiny And whereas Coll John Buller deceased of Shillingham
19    by his last Will and Testament did devise unto mee Francis
20    Buller Esquire his nephew and heire of Law All his Lands Tenements
21    and hereditaments in the Kingdome of Ireland England or any other
22    of the Kings Dominions that were then devided and allotted or to
23    bee devided and allotted and conveyed or to bee conveyed to him and
25    his Executor forever unto mee the said Francis Buller Esquire my heirs
26    forever and he did make mee his sole Executor of his last Will and
27    Testament which Will hath long since been proved in due forme of
28    Lawe and devised unto mee and my assignes what other summes of
29    money were growne due or should grow due for his Arrears Debetters
30    and service in Ireland amounting in all to about Five Thousand
31    pounds and also such sum[m]e or sum[m]es of money as were due unto him
32    from Coll Osborne of the Kingdome of Ireland or any other person
33    or persons whatsoever I doe give direct and devise unto my sonne
34    Cap Richard Buller his heirs Executors and Assignes forever All such
35    Lands Tenements and hereditaments Goods Chattells Arreares
36    yf any and all the benefit whatsoever I had or may have by
37    terme of the said Will subject neverthelesse to the Trust Uses
38    limitations in the said Will mentioned And moreover I doe
39    constitute create and appoynt my onely Surviving Sonne Captaine
40    Richard Buller my Sole Executor of this my last Will and
41    Testament And I doe give unto Mrs Margarett Russell the
42    Wife of Killyphett Russell Esquire Twelve Pence Witnesse my
43    hand and seale this Eight and Twentith of November One
44    Thousand Six hundred Eighty One Francis Buller then signed
45    sealed published and declared to bee the last Will and Testament of
46    the said Francis Buller in presence of us Tho: Kirkby Jo:
47    Hill Henry Edgely Henery Winn February 23 1681 Item I
48    give unto my Old servant Joan Hill Five Pounds Item I
49    Give unto Mrs. Anne Alured Two Guineys Item I give unto the
50    poor of the parish of Isleham Five pounds to bee distributed at my
51    Funerall

Wednesday, January 30, 2013

Will of Francis Buller of Tregarricke - The National Archives PROB 11/360/150, probated 8 Jul 1679

Francis Buller (testator) is my Francis-3 will and is the grandson of Sir Richard Buller (son of his son Francis) and one of the nephews named in the will of his uncle Francis Buller of Tregarricke. His father Francis is still living in 1678 according to the Visitation.

He names his father Francis Buller senior, Sir James Rushout, Sir Walter Moyle and John Herle as his executors. The two Codicils appended over the year after the original will is written are telling. At this time he has married a second time Mary Maynard (not yet twenty years of age)  His first wife was the daughter of Sir James Rushout of Maynard's Green in Essex. By her he had the following children : Francis (eldest son), James (second eldest), Charles (third son not mentioned in his father's will), Catherine, Jane and Mary. Francis (the testator) according to the Visitation of Cornwall was baptized 16 July 1651 at St Stephen's by Saltash and thus was 27 years old when he wrote his will 5 Apr 1678 and 28 years of age when his will was probated 8 Jul 1679. James is known to have not married and Charles must not have either as the estates of Francis Buller (testator) passed to the Morval branch of the Buller family (John Buller of Morval being a brother to Francis Buller of Shillingham (father of the testator).  This will was difficult to transcribe hence the many blanks. Eventually I will go back and try to fill them in but for the moment the gist of the will is there and I shall move on to the next one.

British History online helps to solve the language in this will and the following is pertinent as one works through the marriages (generally second  marriages as land is concentrated into a family line):

http://www.british-history.ac.uk/report.aspx?compid=18928
Before his death in 1655 Sir John Maynard (fn. 96) in 1652 settled his Isleham estate on the marriage of his only son John, kt. 1660, (d. c. 1664), to Katherine Rushout. (fn. 97) In 1666 the widowed Dame Katherine Maynard was allotted c. 950 a. of fenland for the manorial rights in the waste. (fn. 98) Later that year, carefully reserving to her sole use the income of the Isleham estate, (fn. 99) whose lordships she retained formally until her death in 1694, (fn. 1) she married the Presbyterian politician Francis Buller (d. 1682), of Shillingham (Cornw.). Following his forfeiture in 1666 he took refuge with her. (fn. 2) By 1676 Dame Katherine had married her daughter Mary, the Maynard heiress, to Buller's eldest son Francis and settled the estate on them. (fn. 3) The younger Francis died, 1678–9. (fn. 4) Mary was successively remarried in 1682 to William Adams (d. s.p. by 1684) (fn. 5) and in 1686 to her mother's nephew, Sir Rushout Cullen, Bt. (fn. 6) Mary died in 1694, shortly before her mother with whom she dwelt at the Hall. (fn. 7) Sir Rushout retained the Isleham estate thenceforth until he died without issue in 1730. (fn. 8) The estate, whose reversion had been settled upon Mary's children by Francis Buller the younger, (fn. 9) two sons, both dead without issue by 1710, (fn. 10) next passed to John Francis Buller of Morval (Cornw.), grandson of John Buller (d. 1716), their father's uncle and heir-at-law. (fn. 11)

John Francis Buller, lord of Isleham from 1730 until his death in 1751, (fn. 12) was succeeded there in turn by his son James (d. 1765) (fn. 13) and by James's son John (d. 1793). That John's son John (fn. 14) offered the Isleham estate for sale in 1800. (fn. 15)


The value to me in doing these wills is determining that there were no other descendants of this family that could be the ancestors of my Christopher Buller in St Olave Southwark or St Mary Magdalen Bermondsey. All properties from this line descended to John Francis Buller of Morval and this line is well documented down into the time frame that I am looking at. Since I have Christopher's possible birth date of 1763 to use now that I have his death registration that has improved my chances of finding his parents.

Transcriber: Elizabeth Kipp
Recorded: 28 Jan 2013
Source: The National Archives, PROB 11/360/150
Testator: Francis Buller
Place: Tregarricke, Cornwall, England
Date of document: 15 Apr 1678, probated 8 Jul 1679
Read: Electronic copy images
Document quality: 17th century English, legible copy

[Margin]: Francise
[Margin]: Buller

1    In the name of God Amen
2    The Fifteenth day of Aprill, in the yeare of our Lord God one Thousand
3    Six hundred Seaventy and Eight I Francis Buller of Shillingham
4    in the County of Cornwall Esquier being (Blessed be God) of perfect
5    mind and memory and desirous to make some settlement of my
6    Personall Estate doe make my last will and Testament as followith First
7    I humbly recom[m]end my soule to the mercye of my Creatour and my Redeemer
8    And my Body to be buried privatly and decently as my Executor herein after
9    named shall direct And whereas I the said Francis Buller am possessed
10    of or interested in the Tythings lease and Mannor of St Stephens with
11    the appurtenances scituate lying and being in the parish of St Stephan by
12    Saltash in the County of Cornwall aforesaid for the now remainder of a
13    certaine terme of one and Twenty yeares by lease from the Deane and Chapter
14    of Windsor I doe heriby give and bequeath All my said Estate and Terme
15    of years in the said lease of St Stephens unto my Executors herein after
16    named In Trust that my said Executors and the Survivors of them and the
17    Executors and Administrators of such Survivor shall stand and be possessed
18    of the Lease aforisaid and of the Tythingslease and Mannor aforesaid for
19    the Remainder of the said Terme of one and Twenty years In Trust to and
20    for the sole benefitt of every person and persons respectively who shall be
21    seized of the Freehold of all other my Lordshipps, Manors, Lands Tenements
22    and hereditaments in the said County of Cornwall by force of one Indenture
23    bearing date the Twentieth day of September one Thousand Six hundred Seaventy
25    and Six in the Twenty seaventh yeare of the Reign of the King that now is made
26    betweene me the said Francis Buller of the one part Sir James Rushout of
27    Maynard's Green in the County of Essex Baronet Sir Walter Moyle of Bake
28    in the said County of Cornwall Knight and John Herle of the Middle Temple
29    London Esquier of the other parte Alsoe whereas their is now due to mee
30    Five Thousand pounds of lawfull money of England in right of my wife Mary
31    daughter of Sir John Maynard Late of Tooting Graveney in the County of Surrey
32    knight
    [Page 2]
33    Knight By force of one Indenture Tripartite made or intended to be
34    made the Two and Twentieth day of October in the yeare of our Lord Bless one
35    Thousand Six hundred Fifty and Two Betweene Sir John Maynard of Tooting
36    Graveney in the County of Surrey Knight of the honourable order of the Bath
37    and Dame Mary his wife And Charles Maynard of Walthamstow in the County
38    of Essex Esquier Brother of the said Sir John Maynard of the First part And
39    the said Sir John Maynard by the name of John Maynard of Tooting Graveney
40    aforesaid Esquire onely sonne and heir apparent of the said Sir John Maynard
41    and Dame Mary and Katherin Rushout Second daughter of John Rushout of
42    London Merchant of the Second part And the said John Rushout Sir Abraham
43    Cullen by the name of Aberham Cullen the younger of London merchant and
44    and Sir John Lawrence by the name of John Lawrence the younger of London
45    Merchant and John Pascoe the younger alsoe of London Merchant of the
46    third part Now I give and bequeath the said Five Thousand pounds soe
47    due as aforesaid unto my Second son James Buller To be paid to him at such
48    time as he shall attaine the age of one and Twenty And in case he shall dye
49    before such age attained Then I give the said Five Thousand pounds unto
50    my Eldest sonne Francis Buller And if he alsoe happen to dye before he
51    attaine the age of one and Twenty yeares Then I give the said Five Thousand
52    pounds To any other Eldest sone that shall survive my second sonne James
53    and attaine the age of one and Twenty And in case all my sons shall happen
54    to dye before they or any of them attaine the age of one and Twenty as aforesaid
55    Then I give and bequeath the said Five Thousand pounds unto any eldest
56    daughter which shall survive her brothers The said Five Thousand pounds
57    to be paid to such Eldest daughter att her day of Marriage or age of one and
58    Twenty which shall first happen And in case all my sons shall happen to
59    dye before such age of one and Twenty attained as aforesaid And in case any
60    daughters alsoe dye before marriage or the age of Twenty one attained aforesaid
61    Then I give and bequeath the said Five Thousand pounds to my wife I alsoe
62    give and bequeath unto my said wife Two hundred pounds for mourning
63    And all the furniture and plate belonging to her Chamber I alsoe give her
64    The Choyce of as much of my other Plate as shall amount to the value of Fifty
65    pounds and my Coach and Coach horses Item I give unto the Lady
66    Maynard Twenty pounds for mourning Item I give unto my brother Richard
67    Fifty pounds Item I give to my sister Margaritt Fifty pounds Item I give
68    to my Brother John Fifty pounds Item I give to my sister Sarah Fifty
69    pounds Item I give to Mr Roger Peachey Tenn pounds Item I give unto my
70    faithfull servant John Wipple Thirty pounds Item I give to the poore of the
71    parish of St Stephens in Cornwall aforesaid Five pounds Item I give
72    to the poore of the parish of Isleham Five pounds And whereas by Indenture
73    dated the Twentieth day of September one Thousand Six Hundred Seaventy and
74    Six I have conveyed the Lordship of Street Marshall with the Appurtenances
75    in the County of Mountgomery and Dominion of Essex to the said Sir James
76    Rushout Sir Walter Moyle and John Herle in Trust to be sold for the payment
77    of all my Just debts Now I desire The said Lordship may be sold with all conve-
78    nient speed And that my Trustees and Executor would in the meane time out
79    of my personall Estate first pay and satisfie such Creditors as have now reall
80    security And that such this Creditors as have Mortgages may have their interest
81    duly and faithfully paid till Land bee sold and the principall discharged It is alsoe
82    my will and desire That the First Five hundred pounds which shall be raised
83    out of my Estate for debts and Legacies and my brothers and sisters portions
84    are paid should be employed by my Trustees for the Redemption of Christian
85    Captives
    [Page 3]
86    Captives Alsoe I give unto my Executor here after named Thirty peices
87    of Gold to each of them All the residue of my personall Estate not before
88    disposed I doe hereby give and bequeath unto my said Executors in Trust that
89    of such survivor shall pay dispose convey and assign All the residue of my
90    said personall Estate not before disposed unto such person and persons respec-
91    tively to whome my said Manors Lands Tenements and hereditaments in the said
92    County of Cornwall shall descend and come according to and by vertue of the
93    limitted intent in the First recited Indenture contayned And Lastly I doe
94    hereby Constitute and appoint Francis Buller Esquier my Father Sir James Rushout
95    Sir Walt: Moyle and John Herle aforesaid To be Executors of this my last will
96    and Testament in Trust as aforesaid and upon speciall confidence That they will
97    performe the trust hereby in them reposed In witnes whereof I have hereunto
98    sett my hand and seale the Fifteenth day of Aprill in the yeare of our Lord
99    Christ One Thousand Six hundred Seventy and Eight Fs: Buller Signed
100    Sealed published and declared to be the last will and testament of Francis Buller
101    Esquier in presence of William Wyborough Will: Faulk Joan Wetherley
102    Jo[h]n Hill
103    Whereas I Francis Buller the younger of Shillingham in the County
104    of Cornwall Esquier in and by my last will and Testament in writing bearing
105    date on or about the Fifteenth day of Aprill one Thousand Six hundred Seventy
    and Eight
106    and Eight Did amongst other things devise unto my sonne James Buller and the
107    other persons after his decease therein mentioned in such manner as is therein
108    expressed The summes of Five Thousand pounds out of my wives Estate in such
109    manner as is therein mentioned and lymitted I doe nevertheless hereby
110    Expressly declare my will mind and meaning to be That if my said wife shall
111    within Three moneths after she shall attain being of one and Twenty yeares
112    By will and other good and sufficient conveyance and assurance in the Lawe
113    grant convey settle and assure unto and upon Francis Buller my Eldest sonne
114    and the heires males of his body the Mannor or Lordship of Islehame cum
115    Bernard And all other the Mannors Messuages Lands Tenements and heredita
116    ments whatsoever late of Sir John Maynard and now of my said dear wife
117    in Isleham or elsewhere in the County of Cambridge and in the County of Suffolk
118    And all and singular the messuages Lands Tenements Farmes and hereditaments
119    to the said Mannor and premisses belonging or in any wise appertayning or
120    to or with the same or any part of parcell thereof devised used leased
121    occupied or enjoyed or accepted reputed to be or known as part parcell or
122    member thereof or the Mannor or Lordshipp Capitall Messuage lands ten-
123    ements and hereditaments whatsoever late of the sayd Sir John Maynard and now
124    of her my said deare wife in Tooting Graveney or elsewhere in the County of
125    Surrey And all and singuler the messuages lands Tenements Farmes and
126    hereditaments to the said mannor and premisses belonging or in any wise
127    appertayning or to or with the same or any part or parcell thereof devised
128    used leased occupied as enjoyed as accepted reputed to bee or known as part
129    parcell or number thereof And for default of such issue if my said wife shall
130    in like manner settle and assure the aforesaid Mannor or Lordshipp of Isleham
131    cum Bernard with its rights, members and appurten[an]ces and all other the premisses
132    aforesaid in the Counties of Cambridge and Suffolk or else the Mannor of
133    Tooting Graveney with its Rights members and appurten[an]ces and all other the
134    premisses aforesaid in the said County of Surrey unto and upon James Buller
135    my second sonne and the heires males of his body And for default of such issue
136    in
    [Page 4]
137    In case my said wife shall be Enseint as with child of mine att the time
138    of my decease which afterwards be borne Then if she my said wife shall
139    in like manner settle and assure the aforesaid mannors or Lordshipp of
140    Isleham cum Bernard profitts rights members and appurtenances and all other
141    the premisses aforesaid in the Countys of Cambridge and Suffolk or else the
142    the Mannor of Tooting Graveney with its Rights members and appurtenances said
143    or other the premisses aforesaid in the said County of Surrey to and upon such
144    a newborn sonne and the heires males of his body according both ____
145    and _____ hereof in manner herein before expressed That then and from
146    thenceforth from and after such settlement duly made as aforesaid The said
147    devise and Legacie of Five Thousand pounds given to my said sonne James and
148    the other persons mentioned in my said will shall cease determing and be utterly
149    void anything in my said said will contained to the contrary ______ standing
150    And I doe nevertheless hereby further expresse and desire my will and meaning
151    to be clear my said sonne James Buller shall have and receive the summe of Two
152    Thousand pounds out of my Reall and personall Estate In case such settlement
153    shall be duly made as aforesaid and not otherwise To be paid unto him by my
154    Executor in Trust mentioned in the said will when and ____ as he shall attain
155    the age of one and Twenty years And I doe hereby declare That my said Estate
156    shall be charged and chargeable there with and subject to the payment thereof
157    And in Case my said sonne James shall happen to dye before he attaine his said
158    age of one and Twenty yeares Then this devise to be void And I doe further
159    declare that these presents shall be a Codicill of my last will and Testament
160    and it now shall be taken as part thereof And that all giuft devises legacies and
   
161    bequests in my said will by me devised and bequeathed shall stand in full force
162    according to the true intent and meaning thereof (the said Legacie and bequest
163    of Five Thousand pounds therein given to my said sonne James and the other
164    persons as aforesaid therein named onely excepted) And I doe hereby further give
165    devise and bequeath unto all and every of my servants that attend me in the
166    present suffers or shall attend me att the time of my decease a full years pays
167    which I do hereby declare and it is my full intent and meaning That it shall be
168    paid to them and every of them by my Executors in Trust mentioned in my
169    will In witnes whereof I have hereunto put my  hand and seale this First
170    day of May in the yeare of our Lord Christ one Thousand Six hundred and
171    Seaventy and Eight And whereas by my marriage with my wife Mary
172    Buller the sole daughter and heire of Sir John Maynard of Tooting Graveney
173    deceased There was att my marriage with my said wife Mary Buller due
174    unto me the summe of Five Thousand pounds for her Marriage portion which
175    was settled upon her by her Grandfather and Father Now I  declare it to be
176    my will That in case my said wife shall happen to dye before she be of the
177    Age of one and Twenty years or after she shall happen to be of the age of one
178    and Twenty And that the children she hath or shall have by me shall happen
179    to dye before they either or any of them be of the age of one and Twenty or that
180    it shall happen my wife shall have noe Children by any other husband or
181    husbands That shall live to be of the Age of one and Twenty years That then
182    in such case onely It is my will That the said summ of Five Thousand pounds
183    due to me for my wifes said portion after her death at the decease of the Children
184    That she now hath or may have at any time during her life by me or any
185    other husband or husbands as aforesaid dyeing before they come to be of the age of
186    One and Twenty years without issue shall be paid to such person and persons as
187    shall severally and respectively be entitled unto the Freehold and ______
188    of my Lordshipps mannors Bartons Farmes and Demesne with their and every
189    of
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190    of their Rights members and appurtenances being in the Kingdome of England
191    By vertue of any Deed or Deeds made by me the said Francis Buller as by vertue of
192    my last will and Testament made by me the said Francis Buller bearing date of
193    or about the Fifteenth day of Aprill one Thousand Six hundred Seventy and
194    Eight And whereas the Terme Interest and Estate of my Father in ____
195    mannors and lands in Isleham and else where in the County of Cambridge and
196    Suffolke or one of them hath by one or  more assignement or assignements thereof
197    made and executed borne sett over and transferred to me as to  some person
198    or persons in Trust for me I doe hereby declare my mind and will to be that
199    the said mannors and lands in the said Countyes of Cambridge and Suffolk
200    shall not go to my Executor or be lyable to any Trust or Trusts in my will
201    But that the same shall be held and enjoyed by my Father and such person and
202    persons as would have stood entitled to the same if such Assignment or
203    Assignments and not _____ ___ And I doe further declare that these
204    presents shall be a Codicell of my last will and Testament and is and shall
205    be taken as part thereof In witnes whereof I have hereunto put my hand
206    and seale this First day of May in the yeare of our Lord Christ one Thousand Six
207    hundred Seaventy and Eight Fs: Buller Sealed published and declared
208    by the said Francis Buller the younger as a Codicell of his last will and Testa-
209    ment in the present of John Herle Tho: Percival Joan Wetherley