Wednesday, February 27, 2013

Will of Francis Buller Esquire of Westminster, Middlesex - The National Archives PROB 11/903/207, probated 19 Nov 1764

I have mis-sorted this will as it actually belongs with the Westminster wills but since I have begun I shall carry on after all the last one that I did was for Butler instead of Buller! This one does rather interest me as it is probated in 1764 (one year after the projected birth of Christopher Buller my 3x great grandfather).

There is an affidavit attached to this will which accurately places this family into the Cornwall family. The Testator is an Uncle to Francis Buller of the Inner Court. I believe this to be Sir Francis Buller, Baronet Judge of the Court of Common Pleas. That would mean that this Francis is a son of John Francis Buller and certainly his sister Rebecca (his executrix) married Sir Charles Watson and was identified as Rebecca Watson, widow. An Elizabeth Buller is mentioned and this is perhaps his sister who married the Reverend John Sturgess, D.D. John Buller was the second son of John Francis Buller and he remained at Pelynt and many of his descendants were in the Military and the first Buller will is one of the grandsons of John Buller (Sir Edward Buller of Trenant Park). I rather believe this too does not lead me back to Christopher but does provide more details on the Buller family of Cornwall.

Transcriber: Elizabeth Kipp
Recorded: 13 Feb 2013
Source: The National Archives, PROB 11/903/207
Testator: Francis Buller, Esquire
Place: Westminster, Middlesex, England
Date of document: 30 Jun 1764, probated 19 Nov 1764
Read: Electronic copy images
Document quality: 18th century English, legible copy

[Margin]: Francis
[Margin]: Buller

1    The last Will of me
2    Francis Buller of Abingdon Street Westminster Esquire
3    Imprimis I Give to my Sister Watson and Brother John
4    Buller all my Manors Messuages Lands Tenements and Real
5    Estate of what Nature soever and also all my personal Estate
6    to hold to them their heirs Executors and Adm[inistrat]ors In Trust to Sell
7    and Dispose thereof and convert the whole into ready Money
8    and that they do thereout when and pay the Sums and Legacys
9    following Viz [a vi]t the Sum of Fifteen hundred pounds to her my said
10    Sister Watson the Sum of Two hundred pounds to him my said
    [Page 2]
11    Brother John To the Rev Jos: Foot of Anthony One hundred
12    pounds To Mr James Coulthard Fifty pounds over and above w[ha]t
13    I may owe him To my Servant Susanna Mason Forty pounds To
14    my Servant Charity Youlin Twenty pounds and to my Servant
15    Daniel Ellis Twenty pounds to be paid at his Age of 21 and all
16    my Wearing Apparell I forgive Wm Ellis the one hundred
17    pounds he owes me on Note and the Interest I desire that the
18    twenty pounds Given by my late Dear Wife's Will to Wm Ellis
19    of [blank] Son of the said Wm Ellis may be paid I give the
20    Diamond Ring which I Generally Wear in Memory of my said
21    late Wife to her Neice Miss Gertrude Bampfylde And I
22    desire that the then residue after payment of my Debts and
23    Legacies and Funeral Expences be Equally Distributed between and
24    paid to or retained by her my said sister Watson and Brothers
25    John and William and Sister Elizabeth But the above bequest
26    to my Brother William is on Condition that he do relinquish and
27    release all such Right and Interest as he may have to or in
28    a certain Copyhold Lease at West Anthony and also pay or
29    allow to my Executors the Five hundred pounds he owes me and
30    my Will is that all my Debts not carrying Interest be paid within
31    3 Months next after my Death I Desire that my Funeral may be
32    as private as Decency will admit but I leave the same entirely
33    to the Discretion of my Executors And I do hereby appoint my said
34    Sister Watson and Brother John Executors of this my Will In
35    Witness whereof I have hereto set my hand this 30 Day of
36    June 1764 Francis Buller Signed and published by the s[ai]d
37    Francis Buller as and for his last Will in the presence of us
38    who in his presence and in the presence of each other have
39    hereto subscribed our Names as Witnesses, John Cowell, John
40    Shears, Charles Blore
41    M[emorandu]m this 30th June 1764 the Sum of three hundred
42    pounds was remitted me by Mr John Peke of Antony parish to
43    be applied on his account and the same stands placed to my Credit
44    in the Shop of Mess[ieur]s Backwell and Co Now I declare that the
45    said 300 li is Mr Pekes property and desire it may be paid or
46    applied as he shall Direct Frs: Buller Witness
47    James Coulthard
48    A Codicil to the Will of me Francis Buller Esq[uie]r
49    Whereas by my last Will bearing date on or about the
50    thirtieth Day of June last I have made my Brother John an
51    Executor and also Given him a Legacy and bequeathed part of my
52    Residuary Estate to him And Whereas he my said Brother and I as
53    co-exec[u]tors of our late Father have respectively received and paid
54    several Sums and possessed several parts in respect out and on
55    account of our said late Father's Estates the accounts of which have
56    not yet been Closed Now in order to remove all Disputes relating
    [Page 3]
57    thereto And I being well Satisfied that I am not Indebted to my
58    said Brother on account of such Executorship I do hereby Will and
59    Direct that my said Brother John shall and Do before he be permitted
60    to prove my said Will or in any wise Intermeddle with  my Executors on
61    one or more proper Deeds or Instruments effectually Release
62    and Discharge my Estate from all Claims and Demands which he
63    can (or may have) thereon for or on account of my receiving or
64    possessing or disposing of this my said late Father's Estate the Effects
65    or otherwise Intermedling therein And in case of his Neglect
66    or refusal for three Months after my Death so to do then I revoke
67    all Benefits intended him by my said Will and also the appointment
68    of him as an Executor and Direct that such benefits and bequests
69    Go to my older Residuary Legatees and that my Sister Watson do
70    remain Sole Executrix and Sole Trustee;
71    But on his Giving such Release and Discharge as aforesaid
72    Then I Will and Direct that he also releases and discharges from
73    all Demands which For my Estate may have on him on account of
74    his Receipts and payments touching the said Executorship or on any other account
75    It being my Intent and Meaning that the
76    accounts between him and me touching our respective receipts
77    and payments relating to such Executorship and all other accounts
78    up to the Day of my Death be Considered and taken as Settled and
79    Closed. But nevertheless I do not Mean that my Demands on the
80    outstanding of future Effects of my Said Father should be relinquished
81    And I give five pounds to the poor of the parish where I
82    Shall be Buried As to my Brother Buller I have tried
83    many Marks of affection and friendship from and I think my
84    self Greatly obliged to him on many Occasions But as a
85    Considerable advantage will accrue to him on my Death I therefore
86    hope he'll not be displeased at my not making any Bequest
87    in his Favour In Witness whereof I have hereto set my hand this
88    11 July 1764. F. Buller Signed and published by the said
89    Francis Buller as a Codicil to his Will in the presence of us
90    who in his presence and in the presence of each other have
91    hereto set our Names as Witnesses the Words other account
92    and the words (In all other accounts) having first interlined near the
93    bottom of the first side Thomas Wildman John Cowell John Shears
94    15th Nov 1764
95    Appeared personally Francis Buller of the Inner
96    Temple London Esq[uie]r and being Sworn on the holy Evangelists
97    made Oath that the well known Francis Buller late of the parish
98    of St Margaret Westminster in the County of Middlesex Esquire
99    Deceased he being the Deponents Uncle and the Deponent is well
100    acquainted with his the Deceased's manner and Character of hand
101    writing having often seen him write and having now carefully viewed
102    the Name Frs Buller Subscribed to the Codicil or paper
103    Writing hereto annexed beginning thus Mm this 30th
104    June, 1764 and ending thus as he shall Direct Saith
    [Page 4]
105    that he Doth verily believe the said Name and Subscript,
106    Frs Buller to be of the proper hand Writing of the said Francis
107    Buller Esq[uie]r deceased, Fra[nci]s Buller same Day, the said Francis
108    Buller Esq[uie]r was duly Sworn to the Truth of this affidavit before me
109    Geo. Harris Surrogate present H. Stevens Jan Not Pub
110    This Will proved at London (with two Codicils) the
111    Nineteenth Day of November in the year of our Lord One thousand
112    Seven hundred and Sixty four before the Worshipful William Compton
113    Doctor of Laws Surrogate of the Right Worshipful George Hay also
114    Doctor of Laws Master Keeper or Commissary of the prerogative
115    Court of Canterbury lawfully constituted by the Oath of Rebecca
116    Watson Widow the Sister of the deceased and one of the Executors
117    named in the Will to whom Administration was Granted of all and
118    Singular the Goods Chattels and Credits of the said deceased She
119    having been first Sworn duly to Administer (power reserved of
120    making the like Grant to John Buller Esq[uie]r the Brother of the
121    said Deceased and other Executor named in the said Will and Second
122    Codicil when he Shall apply for the same) Agreeable to the Tenor of
123    the said Codicils

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