Will of James Buller of Downes

Proved 3 March 1772

© Crown Copyright

PROB 11/975/297, Records of the Prerogative Court of Canterbury

Transcribed by Elizabeth Kipp

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

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