This lengthy will of 556 lines not including the probate is a fascinating study of the Buller family in this time frame. They were consistently through the generations good managers of their properties and mindful of the need to help the poor. I continue in my endeavour to complete the 70+ Buller wills in my possession. It will be my last major attempt to find my Buller line back. As I work away at this particular line I am ever mindful of my many matches on Family Finder with individuals who are living and whose families have lived in Germany for centuries. Was Christopher's mother German; the surname Buller was it possibly Buehler? All of these thoughts pass through my mind although any writings that I have found for Christopher spell his name Buller.
The naming of the John and Johannis Buller wills comes from the text along the side of the will added by the transcriber as the original wills were all written into the will books. This particular will is for Johannis Buller Arm. defuncti. There is a writeup for this John Buller in Wikipedia:
http://en.wikipedia.org/wiki/John_Buller_%28died_1716%29
John Buller (1632 – 1716) was an English politician who sat in the House of Commons variously between 1656 and 1695. He inherited from his father the Cornish estate of Shillingham near Saltash, and owned an estate in the Isle of Thanet. He inherited from his first wife the Cornish estate of Morval, near Looe, in Cornwall.[2] His ancestors had long been active in the county administration of Cornwall and he was himself ancestor to many eminent men, several Members of Parliament, the Buller baronets and Baron Churston and the famous soldier Major-General Sir Redvers Buller (1839-1908), VC.
Contents
Origins
Buller was the second son of Francis Buller, MP for Cornwall in 1640, of Shillingham near Saltash, in Cornwall and Ospringe in Kent[3] by his wife Thomasine Honywood [4] daughter of Sir Thomas Honywood.[5] He was heir to his nephew James Buller (d.1707) who died without progeny, the only son of his elder brother Francis Buller (1630-1682), MP. Francis had married Elizabeth Grosse, daughter and heiress of Ezekiel Grosse of Gowlden, who inherited from her father 17 manors.[6]
Education
He entered the Middle Temple on 29 January 1646 and matriculated at Trinity College, Cambridge on 6 July 1647.[7]
Career
Buller served as MP several times as follows:
1656 MP for the combined constituency of East Looe and West Looe in the Second Protectorate Parliament.
1659 MP for East Looe and also for Saltash in the Third Protectorate Parliament, choosing to represent East Looe[8]
1660 MP for West Looe in the Convention Parliament.[9]
1661 MP for Saltash in the Cavalier Parliament.[10]
1679, 1681 and 1689 MP for Liskeard in 1679, 1681 and 1689.[11]
1692 MP for Grampound and held the seat until 1695.[12]
Sheriff of Cornwall
He was appointed High Sheriff of Cornwall from November 1688 to March 1689. [13]
Marriages
Buller married twice:
Firstly in 1657 to Anne Coode, daughter and sole heiress of John Coode of Morval. He had issue by her John Buller (1668-1701), MP for Lostwithiel in 1701, of Morval, eldest son and heir, who married Mary Pollexfen, 3rd daughter and co-heiress of Sir Henry Pollexfen, Lord Chief Justice of the Common Pleas. John died of smallpox and predeceased his father, but left a son John Francis Buller (1695-1751), of Morval, MP for Saltash 1718-1722, himself the father of three Members of Parliament: James Buller (1717-1765), John Buller (1721-1786), Lord of the Admiralty and Francis Buller (1723-1764).
Secondly to Jane Langdon, daughter of Walter Langdon of Keverall near East Looe.[4]
References
[1] Burke's Landed Gentry, 1937, p.279, Buller of Downes
[2] Burke's Landed Gentry, 1937, p.279
[3] Burke's LG
[4] a b Basil Duke Henning The House of Commons, 1660-1690
[5] Burke's Landed Gentry, 1937, p.279
[6] Burke's Landed Gentry, 1937, p.279
[7] Venn, J.; Venn, J. A., eds. (1922–1958). "Buller, John". Alumni Cantabrigienses (10 vols) (online ed.). Cambridge University Press.
[8] Willis, Browne (1750). Notitia Parliamentaria, Part II: A Series or Lists of the Representatives in the several Parliaments held from the Reformation 1541, to the Restoration 1660 .... London. pp. 229–239.
[9] Leigh Rayment's Historical List of MPs – Constituencies beginning with "W" (part 2)[self-published source][better source needed]
[10] Leigh Rayment's Historical List of MPs – Constituencies beginning with "S" (part 2)[self-published source][better source needed]
[11] Leigh Rayment's Historical List of MPs – Constituencies beginning with "L" (part 3)[self-published source][better source needed]
[12] Leigh Rayment's Historical List of MPs – Constituencies beginning with "G" (part 2)[self-published source][better source needed]
[13] Cruikshank, Eviline. The House of Commons, 1690-1715, Volume 1. p. 400. Google Books}}
More information can be found on John Buller in Parliament, namely,
BULLER, John (c.1632-1716), of the Middle Temple and Morval, nr. East Looe, Cornw. History of Parliament Online:
http://www.historyofparliamentonline.org/volume/1660-1690/member/buller-john-1632-1716
Again a history of sadness in this family as the eldest son of this John Buller also John Buller died of smallpox in 1701 and his son was John Francis Buller (hence grandson to the present testator).
John Buller wills of Cornwall:
Johannis-1 Buller Morval, Cornwall, PROB 11/552/405, probated 13 Apr 1716
Johannis-2 Buller (Sentence) Morval, Cornwall, PROB 11/555/293, probated 27 Apr 1716 (in Latin and will do later)
John-1 Buller Kewerall, Cornwall, PROB 11/463/333, probated 31 Mar 1701 (son of Johannis-1,-2 above)
John-2 Buller Morval, Cornwall, PROB 11/1274/218, probated 9 May 1796 (grandson of John Francis Buller)
John Francis Buller Morval, Cornwall, PROB 11/792/266, probated 1 Feb 1752 (grandson of Johannis-1,-2 Buller, son of John-1 Buller)
Just to keep the generations straight John Francis Buller married Rebecca (daughter of Sir Jonathan Trelawny, Baronet) Trelawny and their son James Buller of Downes married first Elizabeth Gould daughter of William Gould of Downes and he married second Lady Jane Bathurst daughter of Allan Earl Bathurst and their sons included Sir Francis Buller (will will come with the London/Middlesex wills) and John-2 Buller of Morval.
As I work my way down into the 1700s I am hoping to be able to eliminate these many lines. This was a wealthy line of Buller and I do know that my line although comfortable in the late 1700s into the mid 1800s did not acquire large estates or property at any time. If they do descend from this line and I rather doubt it they were youngest sons.
Transcriber: Elizabeth Kipp
Recorded: 3 Feb 2013
Source: The National Archives, PROB 11/552/405
Testator: John Buller Esquire
Place: Morval, Cornwall, England
Date of document: 21 Nov 1714, probated 13 Apr 1716
Read: Electronic copy images
Document quality: 18th century English, legible copy
[Margin]: Testa[m]ent
[Margin]: Johannis Buller
[Margin]: Arm: defuncti
[Margin]: Consenat ________
[Margin]: 29 Septem Pa____
[Margin]: 1716
1 This the last Will and Testam[en]t
2 of me John Buller of Morvall in the County of Cornwall Esq[uie]r made
3 the one and twentieth day of November in the first year of the Reign
4 of Our Soveraign Lord King George Anno d[omi]ni 1714: I do hereby
5 revoke all former Wills by me made and humbly com[m]itt my Soul to
6 Almighty God my creator and Redeemer appointing my body to bee
7 decently but privately interred according to such directions as I may
8 leave in writing or else according to the discretion of any two of my
9 Executors I order and direct my Funerall charges my just debts (which
10 are not many), and then my Legacies to be paid And whereas my
11 Capitall Mansion house called Queaks [Queax] lying in the Isle of Thanet
12 and County of Kent and divers other my Lands Salinston parsonages
13 Rectory and Tythes great and small and hereditaments lying in
14 the same Isle have by me and my Trustees of the same at my
15 request in and by two severall conveyances thereof lately made
16 been granted released and confirmed to Sir William Honiwood Bar[one]t
17 John Hancocks Esq[uie]r Francis Barrell Es[quie]r and to John Hale Citizen
18 of London and their heirs or to the use of them and their heirs upon
19 Trust to be sold And whereas I have directed and appointed the
20 Moneys ariseing from such Sale or Sales to be laid out in the
21 purchase of other Lands or Mannors lying in the severall Counties
22 of Devon and Cornewall and have in and by the severall deeds
23 of such conveyances directed and appointed such now Mannors
25 and Lands so to be purchased to bee settled to the use of my Executors
26 untill my Grandsonn John Francis Buller shall happen to attaine
27 his Age of Twenty and seaven yeares I so give and deivse the Rents
28 and profitts of all and every the said Lands and hereditaments
29 untill such Sale of them shall be made as aforesaid and also the
30 Interest produce and profitts of all and every the said Lands and
31 hereditaments and of the moneys to be raised by such Sale untill
32 the same shall be laid out again and also the Rents and profitts of
33 the new purchased Lands from and after such purchases made unto my
34 Executors hereafter named untill my said Grandsonn shall attaine
35 his age of Twenty and seaven years upon the Trusts herein after
36 declared and limited touching the residue of my personall and
37 Testamentary Estate Item I give to my Executors here after named
38 their heires and Assignes All that my Messuage Tenement and
39 Lands lying in the parish of Menheneot in the said County of
40 Cornwall called Nodden heretofore the Lands of Mr Jacob Ward
41 upon Trust to sell the same for the best price they can gett upon the
42 same or like Trusts And whereas Sir William Coryton dece[ase]d Francis Wills
43 and William Hancock Esq[ui]re Trustees of a certain Terme of five
44 hundred years created and limitted unto them by my Nephew
45 James Buller of Shillingham in the said County of Cornwall Esq[uie]r
46 dece[ase]d In Trust for the payment of his Funerall Charges debts and
47 Legacyes did in consideration of my haveing paid a good part
48 thereof and of my takeing upon me the payment of the residue
49 thereof assigne the said Term and the Mannors and Lands
50 therein comprized unto John Worth Esq[uie]r and Lewis Stephens
51 Clb In Trust for me and for my Security to reimburse and repay
52 my self the said Severall Sum[m]es of mony by me paid and
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53 undertaken to be paid And Whereas by a Compute and ballance
54 of the Accompts made up the Eighteenth of January last of what I
55 have re[ce]i[v]ed and paid in relation to the same there then rested due to
56 me the Sum[m]e of Six Thousand four hundred and thirteen pounds six
57 shillings and three pence or thereabout I do hereby devise the said
58 Term of five hundred years and all the Mannors Lands and
59 hereditaments therein comprized and all my Estate and Interest of in or
60 to the said Terme and Lands both in Lawe and Equity and all the
61 monys that shall be thereon due at my death unto my Executors
62 hereinafter named upon the same Trusts And Whereas I am po[sse]ssed
63 of and interested in the Rectory and Great Tythes of the parish of
64 Morvall in the said County of Cornwall for a long Terme at ab[ou]t
65 five hundred yeares I do likewise give and devise the same unto my
66 said Executors upon the Trusts following viz[ a vi]t upon Trust that they
67 my said Executors and their Assignes shall and doe for the Terme and
68 Time of Two hundred years to be reckoned from my death pay out
69 of the profitts thereof yearly and every yeare upon the Twenty ninth
70 day of September the full and clear yearly sum[m]e of Eight pounds
71 free of all Rates Taxes Deductions and Outgoings whatsoever unto
72 the hands of such person or persons as shall happen to be from time
73 to time seized of the Freehold of my Mansion house of Morvall
74 aforesaid and unto the hands of the Vicar of Morvall aforesaid
75 for the time being and unto the hands of Eight men the best inhabitants
76 of the same parish which said annuall Sume of Eight pounds I doe
77 direct and appoint shall be by the said persons receiveing the same
78 ordered and disposed of to and for the finding and paying some
79 sober pious discreet and well qualified person well asserted to the
80 Church of England and who frequents the Church and holy
81 Sacrament to be a Schoolmaster to teach gratis within the said
82 parish of Morvall and to keep in good order and discipline poor
83 children to read write and cast Accounts and who shall teach them
84 the Church of England Catechism and instruct them in the principles
85 of that Church the said poor Children to be such whose parents
86 do not pay any parochiall Rates, And I direct that the persons
87 instructed to receive and pay the said Eight pounds a year as
88 aforesaid do at least once a Quarter oversee the said Schoolmaster
89 that he observe the Orders already given and that shall be hereafter
90 given in relation to the better Government and discipline of such
91 School to the honour of God and better Improvement of the poor
92 children there to be taught And further that they my said Exec[uto]rs
93 shall out of the profitts of the same Rectory and Tythes pay
94 during the said Terme of Two hundred years the further yearly
95 Sum[m]e of six pounds on the said Twenty ninth day of September
96 to the same persons and in like manner as the said yearly Sum[m]e
97 of Eight pounds is before appointed to be paid to be by such persons
98 yearly laid out in Wooll to be bought at the cheapest rates and
99 distributed on the Fifth day of November yearly during the said
100 Terme unto and amongst twelve of the poorer Families inhabiting
101 within the parish of Morvall aforesaid who do not receive Releife
102 and in such manner as hath been for some time used And upon
103 this further Trust that my said Executors stand possessed of the said
104 Term of five hundred years Rectory and Tythes herein before
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105 devised unto them (subject nevertheless) to the said severall Sum[m]es
106 of Eight pounds and Six pounds aforesaid) In Trust and for the sole
107 use and benefitt of such persons or person as shall be from time to time
108 seized of the Freehold of my said Mansion house of Morvall for and
109 during all the rest and residue of the Terme and Interest I have in
110 the same Rectory and Tytes And Whereas I have heretofore
111 assigned unto Josias Culmady Esq[uie]r dece[ase]d and to Francis Pengelly of
112 Plymouth in the County of Devon Esq[uie]r the severall long Termes for
113 yeares and Interest I had in the Barton of Hall in the parish of
114 Pelynt and said County of Cornwall and in the Rectory and
115 great Tythes of the same parish To the use of my last Will And in
116 Trust for me and my Executors as by the said Grant and Assignment
117 may more at large appeare And Whereas I have lately purchased
118 and taken a Lease of the Rectory and Tythes of St Stephens parish
119 by Saltash in the said County of Cornwall Together with the
120 Sanctuary Mannor and Lands of the Deane and Canons of St
121 George Free Chappell of Windsor for the Terme of One and twenty
122 yeares under the Rents and Conditions therein contained I do hereby
123 give and devise all and every the said Chattle and Leasehold Estates
124 of and in the said Rectoryes Mannor and Lands of Sanctuary
125 Barton of Hall and other the last men[t]ioned premisses unto Walter
126 Moyle of Bake in the County of Cornwall Esq[uie]r Whilston Calmady
127 of Langdon Francis Pengelly of Plymouth Esq[uie]rs Ann Parker Wife
128 of George Parker in the County of Devon Esq[uie]r and Lewis Stephens
129 of Menheneot in the said County of Cornwall Clerk whom I make
130 sole Executors of this my last Will and Testament for such uses
131 upon such Trusts and to such purposes as are herein by me declared
132 limitted or mentioned that is to say upon Trust that they my said
133 Executors their Executors Administrators and Assignes shall and doe
134 by with and out of the profitts of the said last men[t]ioned Leasehold
135 Estates and out of my other personall Estate pay unto my
136 daughter Thomasin Buller the clear yearly Sum[m]e of Eighty pounds
137 for the Terme and Time of Sixty years if she my said daughter
138 shall so long live the same to be paid yearly and every year during
139 the said Terme by halfe yearly payments and in equall proportions
140 on the Twenty fifty day of March and the Twenty ninth day of
141 September and the first payment thereof to be made at such of the
142 said Feasts or days as shall happen next after my decease And I
143 do further appoint that my said Executors shall stand possessed of
144 the said last mentioned Chattle Leases and Estates subject
145 nevertheless to the said annuall Sum[m]e of Eighty pounds given unto
146 my said daughter Thomasine upon and under the same Trusts and
147 confidences as the Residue of my personall and Testamentary Estate
148 is hereby to them devised And whereas I am possessed of and interested
149 in the Mannor Barton and Demeasne Lands of Keverell and of
150 and in the severall Rectoryes and Tythes of lower St Columb and
151 Crantock parishes all lying within the said County of Cornwall
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152 and dureing the Residue and Remainder of a certain Term thereof
153 granted to me by my daughter in Law Mrs Mary Buller Widow
154 and the which she was entituled to grant by vertue of her Joynture
155 Estate in the same I do give the said Mannor and Barton of
156 Keverell and the said Rectoryes and Tythes of lower St Columb
157 and Crantock aforesaid during the said Terme unto my said Executors
158 subject to the Annuity and yearly Rent to which the same are subject
159 And I direct and order my Executors duely to pay the same to my said
160 daughter i n Law as I have hitherto done but upon the same
161 Trust nevertheless as the Residue of my personall and Testamentary
162 Estate is herein after devised to my said Executors And whereas I
163 have heretofore granted diverse Reversionary Leases and Estates
164 unto my said daughter Thomasin and in Trust for her and may
165 grant other such Leases unto or in Trust for her I doe hereby
166 declare it to be my true Intent and meaning that She my said
167 daughter Thomasine shall have all and every such Leases and
168 Estates to her own proper use and sole benefitt Item I give unto my
169 said daughter Thomasine Buller the Mortgage and Moneys
170 I have on the Lands and Estate of John Guise Esq[uie]r the same
171 being Twelve hundred pounds principall money and all the
172 Interest that shall be thereon due from him at the time of my death
173 Item I give unto my said daughter Thomasine the further Sum[m]e
174 of Twelve hundred pounds to be paid her by my Executors within
175 six monthes after my death I give to my Grandaughter Mary
176 Anne Harris the Sum[m]e of One hundred pounds and or haveing lately paid
177 and given her the Sum[m]e of Five Thousand pounds as a Marriage
178 portion Item I give to her my said Grandaughter and to her husband
179 Christopher Harris Esq[ui]re Twenty pounds a peice for mourning I
181 give so to my Son and daughter Parker Twenty pounds each for
182 mourning I give to Thomas Dawe towards his maintenance at
183 Oxford the yearly Sum[m]e of fiveteen pounds for five years to be
184 computed from the time of his Admission into Baliol Colledge in
185 Oxford I give unto my daughter in Law Mary Buller Widow for
186 mourning Twenty pounds Unto my daughter Mary Dodson Widow
187 I give Twenty pounds for mourning Unto my daughter Thomasine
188 Buller I give to her Twenty pounds for mourning Unto
189 my Grandsonn John Francis Buller Twenty pounds for mourning
190 To my Grandsonns Thomas Dodson and John Dodson I give to
191 each Ten pounds To my Grandaughters Margarett and Sarah
192 Dodson to each of them the Sum[m]e of One hundred pounds But I
193 direct my Executors to pay the Sum[m]es given to them my said three
194 last named Grandaughters unto my said daughter Mary Dodson
195 their Mother to be by her managed and improved for their
196 best Advantage I give to each of my three Grandsonns George
197 John and Francis Parker Tenn pounds To John Ellis my late
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198 Servant I give five pounds unto my Servant Jos: Robins I give
199 Twenty pounds if he shall be living in my Service att the time of my
200 death To each of my other Servants not imployed in husbandry
201 and who shall be in my service at the time of my death I give
202 one Quarter of a years Wages over and above what shall be
203 due from me to them I give unto the poor of the Town of Saltash
204 aforesaid Tenn pounds To the poor of the parish of St Stephens
205 aforesaid liveing out of Saltash I give Tenn pounds To the poor
206 of the parish of Morvall aforesaid I give Tenn pounds To the poor
207 of the severall Townes of East Looe and West Looe in the said County
208 of Cornwall I give three pounds to the poor of each of the said
209 Towns and I desire my Executors so to order and direct my said
210 charity's as that they may be to the reall Releife of the poor
211 and no Ease to the Rich And as for touching and concerning such
212 moneys as shall arise from the Sales of my Estates directed to be
213 sold as shall not be laid out in new purchases The Trust of the
214 Residue of the said Terme of five hundred years assigned as
215 aforesaid to the said John Worth and Lewis Stephens and the moneys
216 due thereon and all my Terms Estates Leases for years not otherwise
217 particularly disposed of And the Trust of them and all the Rest
218 and Residue of my personall and Testamentary Estate whatsoever
219 subject nevertheless to all the charges Bequests and Legacies herein
220 before and herein after made given or mentioned and the Trusts
221 declared thereof I give and devise the same unto the said Walter
222 Moyle Shilston Calmady Francis Pengelly Anne Parker Lewis Stephens
223 upon and under the Trusts and Confidences and subject to the provisoes
224 conditions and contingences herein after declared that is to say upon
225 Trust and Confidence that they my said Executors the Survivors and
226 Survivor of them shall and do with all convenient speed and as they
227 shall have opportunity lay out the same and the Residue of my
228 said Estate and all the Increase and produce thereof in the mean time
229 in the purchasing of Mannors Lands or other hereditaments but
230 rather Mannors lying or being in the countyes of Cornwall
231 Devon or Somersett in Fee Simple And I do hereby direct order and
232 appoint that they my Executors do within a reasonable time after
233 such purchase or purchase made convey assure and settle such
234 purchased Mannors Lands and hereditaments unto such uses for
235 such Estates with such powers upon such Trusts and subject to
236 such provisoes conditions and contingences as are herein after
237 limitted declared or men[t]ioned touching the same that is to say
238 To and for the life of my Grandson and heir Apparent John
239 Francis Buller and his Assignes dureing the Term of his naturall
240 life without Impeachment of Wast the Remainder to Trustees to
241 support the contingent uses and Estates herein after mentioned the
242 Remainder to the use and uses of the first Sonn and of every other
243 Sonn and Sonns of the body of my said Grandson John Francis
244 Buller successively in Tayle male the Remainder to Trustees for the
245 Term of One Thousand years the Remainder to the same or like
246 uses as my said Capitall Mansion house of Morvall now is or all
247 the time of my death shall stand and be settled by any Settlement
248 by me thereof or of the Reversion or Remainder thereof made
249 within the space of sixteen years last past or by vertue of any
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250 Settlement thereof or of the Reversion therof by me to be made at
251 any time hereafter provided always that there shall be inserted in the
252 Deeds of Settlement to be made by my Executors of Lands by them
253 purchased a power for my said Grandson John Francis Buller
254 together with my Executors or the greater number of them then liveing
255 by any deed under their hands and seale by them duely executed in the
256 presence of three credible witnesses to limitt or appoint any part or
257 parts of such purchased Mannors Lands or hereditaments as shall
258 be by the major part of my Executors then liveing thought convenient
259 and proper for the Joynture or Joyntures of any Woman or Women
260 that my said Grandsonn shall marry by and with the consent of my
261 Executors or the major part of them then liveing for the life of such
262 Woman or Women respectively But nevertheless so as such
263 Joynture or Joyntures bear some proportion to the portion or portions
264 my said Grandson shall have with such Wife or Wives And my Will
265 also is that there shall be likewise inserted in such deed or deeds such
266 powers for makeing Leases of such new purchased Lands as my said
267 Executors or the major part of them then liveing shall think reasonable
268 in such case so as such powers be restrained and qualifyed not to extend
269 to granting Leases of Lands not usually letten in Lease or for any great
270 Terms or Estates than what will determine on the death of three persons
271 at the most (or Estates in possession Reversion or Remainder being
272 computed together) and to as in the Leases to be granted the ancient Rents
273 or a Twentieth part of the true yearly value of any Tenement or Lands
274 leased be reserved payable during the whole Terme to him who is entituled
275 to the immediate Reversion or Remainder of the same and with other
276 usuall and reasonable Covenants and Restrictions usually annexed to
277 powers of Leaseing of Lands in the countyes where the said purchased
278 Lands shall lye And my further Will Order and Injunction to my said
279 Executors is that in the deed or deeds whereby such purchased Lands
280 shall be by them settled as aforesaid there by inserted conditions and
281 provisions proper and necessary for the laying such Restraints and
282 Obligations on him the said John Francis Buller to observe my Will
283 contained herein and in such manner as I here declare the same to be
284 and my name to be And I do hereby declare it to be my true Intent full
285 purpose meaning and will That if and in case my said Grandsonn after
286 notice shall waive or refuse the Guardians herein by me named or
287 shall choose any other Guardians or Guardian save to defend any
288 Action or Suit or if my said Grandsonn shall happen to marry before
289 his age of Twenty seaven years without the consent or Assent of the
290 greater part of my Executors then living first obtained under their hands
291 and Seals and duely attested or if my said Grandson shall by Fine comon
292 Recovery or otherwise doth barr defeat or avoid any the Remainders
293 or Estates limitted and expressed in the Settlement by me made on the
294 marriage of his Father and Mother of any the Lands contained in the
295 same Settlement That then and in either or any of the said Cases not
296 only the Estates to be limitted by my said Executors of such purchased
297 Mannors Lands or hereditaments but likewise that all and every the
298 Guifts and devises Limitations and Appointments unto or on him or for
299 him my said Grandsonn shall cease determine and be void And that my
300 said Executors shall stand and be possessed of the said trusted premisses in
301 such manner and for such person or persons as if he my said Grandson
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302 were actually dead and shall proceed and act in the said Trusts
303 without any respect or reguard to him but shall stand and be in Trust
304 to and for such person or persons as the Remainder of my said Capitall
305 Mansion house of Morvall now is or at the time of my death shall
306 stand and be settled by any Settlement by me heretofore made or to be
307 made by me in case my said Grandsonn John Francis Buller shall
308 happen to dye without Issue male of his body I request and desire that
309 my daughter Dodson and my daughter Thomasine Buller may be
310 permitted to live at my Mansion house of Morvall and to enjoy and
311 receive the profitts of my Bartons of Morvall and Clees untill my
312 said Grandson shall attaine his Age of One and twenty years and
313 upon that consideration and upon that Condition only and not otherwise
314 I appoint my said Executors to pay unto my said Grandson John Francis
315 Buller the yearly Rent or Sume of two hundred pounds in proportion
316 for so long time as they shall enjoy the same This over and above
317 what is before given to my said Grandson And as for and concerning
318 the said Term of One Thousand years so to be limitted as aforesaid of
319 the Mannors and hereditaments to be purchased by my Executors to
320 comence on Failure of Issue male of my said Grandson John Francis
321 Buller's body My Will is that the Trust thereof be declared in the said
322 deed of Settlement to be made thereof to be for raising the Sum[m]e of six
323 Thousand pounds for my four daughters Mary Dodson Thomasine
324 Buller Anne Parker and Elizabeth Worth in and by equall proportions
325 as Tennants in com[m]on of the same and not as joynt Tennants and for
326 their severall Executors Administrators and Assignes respectively And
327 further that the Trustees of the said Term shall divide and distribute
328 the said Sum[m]e of Six Thousand pounds when raised by equall shares
329 and proportions unto and amongst my said four daughters Mary Dodson
330 Thomasine Buller Anne Parker and Elizabeth Worth but so and in
331 such manner Nevertheless as that every husband of either of my said
332 daughters be excluded from intermedling or haveing any thing do doe
333 therewith And that every of my said daughters may severally and
334 respectively have the entire and absolute power of their severall and
335 respective shares parts and dividents thereof as well when married
336 as while sole And that they the said Trustees of the same Term shall
337 and so dispose of grant assign and transferr over every such share part
338 or dividend as they my said daughters shall think fitt to direct by any
339 writing under their respective hands in order to preserve what shall be
340 justly due to them for the life entire Order and disposall of my said four
341 daughters severally and respectively as well when married as while sole
342 And for the encouraging of my Executors to take the Trust upon them I
343 do appoint not only all charges that they shall be putt unto herein by
344 reason or occasion of the Trust in them reposed and shall make voluntary
345 Oath of before any Master of the high Court of Chancery shall be
346 allowed and reimbursted them But also that they shall have power
347 to putt under them such Stewards or Agents as they shall think fitt And
348 I do recommend to them (see orig.) to be by them my Executors
349 imployed as long as they shall think fitt And I give further power
350 unto my said Executors the Survivors and Survivor of them upon paym[en]t
351 of any moneys due to assign all or any my Mortgages of Inheritance
352 Securities or otherwise and from time to time to change and alter
353 Securities for moneys already out at Interest or to be lent out on other
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354 reall Securities when and as the same shall be paid or received and
355 also to lend out on reall Securities from time to time untill convenient
356 purchases as aforesaid can be had any Sum[m]e or Sum[m]es of money
357 belonging to or part of my said trusted Estate as they or the major
358 part of my Executors then living shall think fitt And I appoint all
359 Losses to be born out of my said Trusted Estate that none of my
360 Executors shall be accomptable but for himselfe and his own proper
361 Act and Receipt only And as an Acknowledgment of my respects I
362 give to every of my said Executors that shall take upon them the Trouble
363 of acting in the said Trust the Sum[m]e of Tenn pounds And I do hereby
364 devise dispose order and appoint the Tuition and Guardianship of
365 my said Grandsonn John Francis Buller his person and Estate unto
366 my said Executors And I doe hereby constitute them as much as in me
367 lyeth his the said John Francis Buller's Guardians both for person
368 and Estate untill he shall attaine his Age of one and twenty years
369 Willing and Requiring my said Grandson to submitt to the same on
370 pain of forfeiting and loosing all and every the devises and Bequests
371 herein before made unto him or in Trust for him And whereas my
372 said Grandson John Francis Buller shall or may happen to marry
373 by and with the Consent of my Trustees and Executors and by the
374 Settlement made by James Buller Esq[uie]r dece[ase]d bearing date on or about
375 the Twenty fifth day of November in the sixth year of the Reigne
376 of her late Majesty Queen Anne the said John Francis Buller and
377 Trustees are enabled to make a Joynture not exdeeding three hundred
378 pounds per Annum Now I do hereby impower my said Executors to
379 make any further Addition or provision for Joynture to such Wife
380 or Wives as the said John Francis Buller shall happen to marry
381 and to grant such Wife or Wives the Term of Eighty yeares of and
382 in the Barton of Hall and Rectory of Pelynt or either of them yf
383 such Wife or Wives shall so long happen to live Item I give to all
384 and every my daughter Worth's children to each of them the Sum[m]e
385 of Tenn pounds Item I give unto my dear Neices Mrs Margarett
386 Williams and Mrs Sarah Herle and to her son Mr James Herle
387 to each of them the Sum[m]e of Tenn pounds in Testimony whereof and
388 that this is my last Will and Testament I have hereunto sett my
389 hand and affixed my Seale after the severall blanks were filled
390 up with my own hand writing and then Signed Sealed and published
391 in the presence of the persons who have subscribed their names as
392 Witnesses hereunto this one and twentieth day of November in
393 the first year of Our Soveraign Lord King George Annoqz Domini
394 One Thousand Seven hundred and fourteen John Buller Signed
395 Sealed and published by the said John Buller to be his last Will
396 and Testament contained in seaven sheets of paper sealed in the
397 head of the first sheet and end of the last and subscribed by us in
398 the presence of the said Testator John Buller John Richardson
399 Philip Mayowe John Hill John Long Mathew Hickes Thomas Little
400 Whereas I John Buller of Shillingham in the County of
401 Cornwall Esq have severall Trunks boxes and hampers and
402 severall deeds Evidences and Writings of moment that concern my
403 reall and personall Estate right and Title thereto and the Trust
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404 mentioned in my Will or any part thereof or which are now in my
405 chamber or Study at Morvall or any my Studies or Chambers att
406 Shillingham or in Custody of my Freinds Mr John Warner of London
407 Goldsmith or Mr John Heale Citizen of London or either of them Now
408 I do hereby devise and grant the same unto my said Executors and
409 Trustees in my last Will mentioned Willing and desireing them or any
410 two of them presently after my death to take the same unto their or
411 one of their Custodyes and safely to preserve keep and use the same
412 the better to enable them to execute and perform the Trust in them
413 reposed by my last Will who are hereby desired to make or cause to
414 be made a Catalogue or particular of the severall deeds or Writings
415 of the more valueable and more Important Concerns and in the best
416 method of each particular Concern whereby the same may be more
417 usefull for their respective Trusts And I desire this Writing and
418 paper may be deemed and taken and will the same be as a Codicill
419 and part of this my last Will confirming and ratifying hereby this my last will and every particular thereof Witness
420 my hand and Seale this four and twentieth day of January in the
421 First year of the Reign of Our Soveraigne Lord King George over
422 Great Brittaine etc Annoqz domini One thousand seven hundred and
423 fourteen John Buller Signed Sealed and published in presence of us
424 H: Lukey James Davis of Liskeard Cordwinder John Danger The marke of
425 Samuel Davis of Liskeard Taylor
426 Whereas I John Buller of Morvall Esq[uie]r have by my last Will
427 and Testament bearing date the one and twentieth day of November Annoq d[omi]ni
428 One Thousand seaven hundred and fourteen and in the first year of the
429 Reigne of Our Lord King George amongst other things
430 have granted to my Executors All the Residue of the Terme of One and
431 Twenty years granted to me by the Dean and Cannons of St Georges (see orig.)
432 Chapple Windsor of and the Mannor and Sanctuary Land and
433 Rectory of St Stephens parish juxta Saltash which premisses have
434 been for many years held by the Bullers of Shillingham and Family
435 and possessed Now I do hereby Will and Appoint and declare to be
436 my true Intent and meaning that my said Grant to my Executors of
437 the said Mannor Sanctuary Lands and Rectory of St Stephens be
438 always deemed and taken as part of the personall Estate of my dece[ase]d
439 Nephew James Buller and that my said Executors do account for
440 the clear Rents and yearly profitt thereof from time to time as I have
441 hitherto done as part thereof And whereas my Barton and Mansion
442 house of Morvall and Clees may come and fall unto my Grandsonn
443 John Francis Buller if he shall happen to survive me and if he
444 shall happen to attaine his Age of One and twenty years I do hereby
445 request my said Grandson to permitt and suffer my Executors and
446 Trustees and his Aunts Mrs. Mary Dodson and Thomasine Buller
447 that they receive and take the Rents and profitts of my said Barton
448 and Clees and quietly enjoy the said Mansion house of Morvall
449 outhouses Orchards and Gardens with their Appurten[an]ces respectively
450 for the Terme of Two yeares to be computed from and after my
451 death they my said Executors and Trustees paying for the same by
452 Quarterly payments as long as shall quietly possess and enjoy the
453 same the yearly Rent of Two hundred pounds per Annum which
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454 I doe hereby impower them to pay do and perform and to leave and keep
455 the premisses in good and sufficient Repair as premisses now are And
456 in case my said Grandsonn shall not permitt my Executors and Trustees
457 and his said Aunts quietly to possess and receive the yearly profitts
458 of the premisses for the said Term or untill he shall happen to marry
459 Then the said Rent yearly of Two hundred pounds is from thence to
460 cease And then for a proper Stay and Residence of my said daughters
461 and of my said Executors and their Servants as their business may need
462 and require I do then hereby devise and give to my said Executors All
463 my Term Interest and Term of years in Keverell houses and Barton
464 with the Appurtenances And in case my said Term therein shall happen
465 to expire or that my said daughter in Law Mrs Mary Buller widow
466 shall happen to dye Then I advise my said daughter Mary Dodson
467 and Mrs Thomasine Buller and my said said Executors as shall think
468 fitt remove and settle at Bucklawren or to Shillingham untill my
469 moneys be repaid that I have paid and disbursted for and towards
470 the debts and Legacies of the said James Buller deceased All
471 which matters and things I refer to my Grandson and to my said
472 Executors for their mutuall conveniences And I do hereby Will
473 and appoint this paper and Writings to be always deemed and
474 taken as a Codicill and part of my last Will and Testament hereby
475 confirming and ratifying the same Witness my hand and Seale this
476 first day of September 1715 And in the second year of Our Lord King
477 George King of Great Britaine etc And before signing and sealing
478 hereof I give and devise to my said daughter Thomasine my Mortgage
479 due from the said Mr Stephens for Two hundred pounds principall
480 John Buller Signed Sealed and published in presence of after the said
481 Mortage of Two hundred pounds given the same Thomasine Buller
482 by the said John Buller Mathew Hickes Christopher Jennington
483 Francis Hickes John Jennington
484 A Schedule made this fourth day of November 1715
485 by me John Buller of Morvall in the County of Cornwall Esq[uie]r
486 to my last Will and Testament bearing date the twenty first
487 day of November One Thousand seven hundred and fourteen the
488 which Schedule I appoint to be and to be taken as part of the same
489 Will Imprimis I do ratifye and confirm all and every the devises
490 Matters and Things in my said Will and in the two former Schedules
491 thereunto annexed contained save and except only such as are
492 hereinafter mentioned and for the better clearing my Intentions
493 in relation to the moneys ariseing from the Sale of my Lands and
494 hereditaments lyeing in the Isle of Thanet and County of Kent by
495 my said Will directed to be sold I do hereby declare my mind and Will
496 to be that the Lands or Mannors directed to be purchased therewith
497 when purchased and that the yearly Interest and produce thereof in the
498 mean time and untill such purchase can be made shall be upon the
499 same or like Trusts and to the same and like uses as I have in and by
500 my said last Will limitted and appointed the Lands directed to be
501 purchased with the Residue of my personall Estate to be settled unto or upon and to or upon
502 no other Trust or use And for as much as Shilston Calmady Esq[uie]r (one
503 of my Executors and Trustees named in my said Will) lives remote
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504 from my Estate and concerns I do hereby revoke my constituteing him
505 the said Mr Calmady my Executor and all the devises to and in and
506 by my said Will made and I do in his place and Stead nominate and
507 appoint John Cole of Poththa in the said County of Cornwall Esq[uie]r
508 to be one of my Executors of my said Will upon the same Trust and in
509 the like manner as my other Executors to stand in the same Will
510 are constituted And I give to the said John Cole the Sum[m]e of Tenn
511 pounds in case he accepts of the said Executorshipp and Trusts I give
512 to my Grandaughter Elizabeth Worth the Sum[m]e of One hundred
513 pounds to be paid at her Age of one and twenty years or marriage
514 which shall first happen I appoint expressly that my Coach and
515 horses be forthwith sold I appoint that all my plate and household
516 goods of every sort and kind in or belonging to my two Capitall
517 houses of Morvall and Shillingham be continued in the same houses
518 respectively if my Executors think fitt for the use of my Grandson
519 and daughters Mary Dodson and Thomasine Buller as my said
520 Executors shall think proper for the space of Two years from my
521 death to be reckoned And after the end of the said Two years for
522 the use of my said Grandsonn if my Executors or greater part of them
523 for the time being shall think fitt but not otherwise I leave it to my
524 Executors to let my said daughters while they continue to live at Morvall
525 to have corne and Graine of all Sorts for the use of their Family
526 and hay for the Stables and use of the Cattle on Morvall aforesaid or
527 Clees Land I also Authorize my Executors to let my said two daughters to
528 have and use what Stock and Implements of husbandry and other
529 things as is and are on the same Estates dureing the time they my said
530 daughters shall live in Morvall house aforesaid They my said
531 daughters leaving as good a Stock thereon when they shall goe off
532 and leave the said house and Lands And afterwards I give Authority
533 to my said Executors to let my said Grandson to have to his own use
534 the same Stock Implements and Things so left by my said daughters
535 if my Executors shall think fitt but not otherwise The Stock Implem[en]ts
536 of husbandry on Shillingham and other my Lands in hand I appoint
537 to continue on the same during such time as my Executors shall think
538 proper But I do direct that a true Inventory and particular be
539 made as soon as may be of all my plate household and other
540 Goods Stock and other things whatsoever that I shall dye possessed
541 of and that the same be severally and distinctly appraised or valued
542 by honest knowing and discreet persons to my said Grandson
543 John Francis Buller I appoint my Executors or greater part of
544 them for the time being if they shall see cause and judge it for my
545 said Grandsons good but not otherwise to pay Two hundred pounds
546 per Annum for seaven years from Michaelmas last to be
547 accounted if and so be that he my said Grandson and his Mother
548 shall both happen to live so long the same to be paid quarterly
549 by my Executors as aforesaid if they see cause but not otherwise
550 I alsoe give my Executors leave if they think fitt to lett my said
551 Grandson have for his use One hundred Guineas soon after my
552 decease In Witness whereof I have hereunto sett my hand and Seale
553 the day and year first above written John Buller this Schedule
554 was Signed Sealed and declared by the said John Buller to be part
555 of his said Will in the presence of Thomas Pyne John Vallacke Jo:
556 Robins Christopher Notwell
