Will of Husey Buller, Wife of Downes

Proved 20 February 1769

© Crown Copyright

PROB 11/945/411, Records of the Prerogative Court of Canterbury

Transcribed by Elizabeth Kipp

1 I Husey Buller
2 the now wife of James Buller of Downes in the County of
3 Devon Esquire by Forme and virtue of the power and powers
4 Authority and Authorities to me given or reserved in and by
5 the Articles or Marriage Settlement made previous to or on
6 occasion of my Marriage with my said Husband James Buller
7 and by Forme and virtue of all and every other power and powers
8 Authority and Authoritys ine any way thereto enabling or
9 come to or beene in as in this belief in any manner
10 whatsoever do make and ordain this my Last Will and
11 testament and by me devise bequeath and dispose of all
12 my Lands Tenements heredita[ment]s Goods Chattles and real and
13 personal Estates whatsoever and wheresoever and whereof I
14 have any power of disposing in manner and forme herein
15 after mentioned that is to say First I Give and Bequeath unto
16 my Brothers and Sisters herein after named (that is to say)
17 Hubert Gould George Gould Robert Freke Gould Margaret
18 Gould and Jane Gould the Sum of one hundred pounds of Lawfull
19 Money of Great Britain to each of them to be paid by my
20 Executors herein after named within Six calendar Months
21 next after my decease Also I give and bequeath unto my
22 Son James Buller my Largest Pearl Necklace All my
23 Medals all my dressing plate my diamond Earrings and
24 Diamond Sprigg and also all my peires of fine worked or
25 wrought Sattin intended for a Bed which were purchased of
26 Matthew Spencer Esquire Also I give and bequeath the rest
27 of all my other plate to my said husband James Buller and
28 his Assigns during the term of his natural Life and from and
29 after his decease I give and bequeath the same plate to my two
30 Sons William Buller and Francis Buller to be equally
31 divided between them Share and Share alike when and as soon as
32 they shall respectively attain the age of twenty one years
33 and in case one of them shall happen to dye under the age
34 of twenty one years the whole to go to the Survivor of them
35 and the executors adm[inistrat]ors and assignes of such Survivor
36 for ever and as to for and concerning all my Lands Tenem[en]ts
37 and heredit[ament]s and all the rest residue and remainder of my
38 Goods Chattels and personal Estates Sum and Sums of Money
39 Moneys at Interest Securities for Money Money in the
40 publick Funds Mortgages in force or for terms of years
41 and the Lands Tenements and Heredit[ament]s comprized therein
42 and all other my real and personal Estate whatsoever and
43 wheresoever not herein Before given and bequeathed after all
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44 my just debts Legacys and Funeral Expences are First satisfyed
45 and paid I give devise and bequeath the same and every part
46 and parcell thereof with their and each and every and either
47 of their Rights Members and Appurt[enances] unto my said husband
48 James Buller and John Burland Esquire Serjeant at Law
49 their heirs Executors Adm[inistrat]ors and assignes And I hereby make
50 ordain constitute and appoint them the said James Buller
51 my husband and the said John Burland whole and sole
52 Executors of this my Last Will and Testament hereby revoking
53 all former and other wills by me made upon the Trusts
54 and to the uses herein after mentioned expressed and declared
55 of and concerning the same (that is to say) Upon Trust
56 and to and for the only use benefit and advantage of my
57 said two Sons William Buller and Francis Buller their heirs
58 Executors Adm[inistrat]ors and assigns to be equally divided between
59 them Share and Share alike when and as soon as they shall
60 respectively attain the age of Twenty one years and in
61 case either of them she happen to dye under the Age of
62 Twenty one years Then the whole to go to and be vested in the
63 survivor of them and the heirs executors adm[inistrat]ors and assigns
64 of such Survivor for ever and upon no other Trust to no
65 other use and for no other End Intent or purpose whatsoever
66 and I hereby will order and direct that my said Trustees
67 and the Survivor of them and the heirs Executors or adm[inistrat]ors
68 of such Survivor do and shall Lay out and Expend such Sum
69 and Sums of Money in the Maintenance and Education of
70 my said two Sons William Buller and Francis Buller during
71 their respective Minoritys as they shall think proper And
72 that my said Trustees or the Survivor of them and the heirs
73 Executors or Adm[inistrat]ors of such Survivor shall and Lawfully
74 may retain and employ such one or more attorney or
75 attorneys Stewards or agents in the Management of my
76 Trust Estate and give such Salary or Salaries Reward or
77 Compensation to such attorneys Stewards or agents as
78 they shall think proper and that my said Trustees respectively
79 and their respective heirs Executors and adm[inistrat]ors shall be
80 saved harmless and be kept Indemipified and shall and
81 lawfully may deduct and retain to themselves severally out
82 of my Trust Estate for all such Costs Charges Trouble damage
83 Loses and Expences as they shall or may severally be at
84 sustain or put into for or by reason or means of the Trust
85 hereby in them reposed or anything relating hereto and
86 that my said Trustees shall be only answerable and accountable
87 for so much of the Trust Moneys as shall come to their hands
88 respectively and not the one for the other of them nor for the
89 Acts Receipts Payments defaults or Miscarriages one of
90 the other but each for his own Acts Receipts payments
91 defaults or Miscarriages only Neither shall they be answerable
92 or accountable for any Loss that shall or may happen unless it
93 by their or either of their wilfull neglect or default and
94 I hereby further will order and direct that my said Trustees
95 respectively and their respective heirs Executors or Adm[inistrat]ors
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96 shall and Lawfully may Call in have and receive any of
97 my Moneys now at Interest or Invested in any or either of
98 the Publick Funds and put and place the same or any other
99 of the Trust Moneys at Interest on such Security of Securities
100 as they shall think proper or Invest the same or any part
101 thereof in any or either of the publick Funds or government
102 securities and to alter and change the same from time to
103 time as occasion shall require it and that in case any
104 debtor or debtors to the Trust Estate shall become insolvent
105 so as not to be able pay the whole of their respective debt
106 or debts That then and in every such Case and so often it
107 shall and may be Lawfull to and for my said Trustees to
108 Compound for the same and to accept and take such
109 dividend or dividends as can or may be had or gotten
110 from such Insolvent Debtors Estate and Effects and give
111 receipts and acquittances for the same accordingly as
112 if the whole of such debt or debts had been fully paid In
113 witness whereof I the said Husey Buller the testatrix have
114 to this my Last Will and Testament contained in two sheets
115 of paper put my hand and seal in manner following to wit
116 my hand to the bottom of the First sheet thereof and my
117 hand and Seal to this second and Last Sheet thereof this
118 Twenty Fifth day of September in the year of our Lord one
119 thousand Seven hundred and Sixty Eight Husey Buller
120 Signed Sealed published and declared by the above named
121 Husey Buller the Testatrix as and for her Last Will and
122 Testament in the presence of us who have subscribed our
123 Names as witnesses thereto in her presence and at her request
124 and in the presence of each other of us Geo. Bent Samuel
125 Hart Thos Westlake
126 This Will was proved at London on the Twentieth
127 day of February in the year of our Lord one thousand seven
128 hundred and sixty nine before the worshipfull George
129 Harris doctor of laws and Surrogate of the Right Worshipful
130 George Hay also Doctor of Laws Master Keeper or Commisary
131 of the prerogative Court of Canterbury Lawfully Constituted
132 by the Oaths of James Buller Esquire the husband of the
133 deceased and John Burland Esquire Serjeant at Law the
134 executors named in the said will to whom administration
135 was granted of all and Singular the Goods Chattels and Credits
136 of the said deceased they having been First sworn duly to
137 administer.

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