Will of James Buller of Kings Nympton

Proved 23 May 1765

© Crown Copyright

PROB 11/908/406, Records of the Prerogative Court of Canterbury

Transcribed by Elizabeth Kipp

1 This is the last Will and Testament. 
2 of me James Buller of Kings Nympton in the County of
3 Devon Esquire made the thirtieth day of March in the year of
4 our Lord one thousand seven hundred and sixty four. I do
5 hereby revoke all former Wills by me made and most humbly
6 commit my soul to Almighty God my Creator and Redeemer
7 appointing my Body to be decently but privately Interred in
8 the parish Church of Morvall in the County of Cornwall
9 according to such directions as I may leave in writing or
10 according to the discretion of my Executor hereinafter named
11 I give and bequeath unto my dear Wife the sum of Five
12 hundred pounds and the small pair of diamond Earrings
13 and Gold Watch which she usually wears for her own use
14 and benefit and I give and bequeath unto my Eldest son
15 James Buller the sum of twenty Guineas. Item I give devise
16 and bequeath unto the honourable John Bathurst of
17 Cirencester in the County of Gloucester Esquire Subject
18 nevertheless to the Term of Twelve hundred years and the
19 Trusts of such Term declared in and by a certain Indenture
20 Quinquepartite bearing date on or about the twenty first
21 day of April one thousand seven hundred and forty four made
22 or mentioned to be made between John Francis Buller my
23 late Father deceased and me the said James Buller of the
24 first part Samuel Harris therein named of the second part
25 Charles Bedford and Joshua Dowell Clerks of the third part
26 Jonathan Rashleigh and Harry Trelawny since deceased
27 Esquires of the fourth part and Benjamin Bathurst Esquire
28 and Sir John St Aubin Baronet since deceased of the fifth
29 part All that my Manors or Lordships of Great Isleham
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30 cum Great Barnards Newhall and Uphall with their and
31 every of their Rights Members and appurtenances in the County
32 of Cambridge the Capitall Messuages called Great Barnards
33 hall in Great Isleham aforesaid and the Manor or
34 Mansion house of Newhall with their and every of their
35 appurtenances and the Manor or Lordship of Beck
36 otherwise Beck hall with the Rights Members and Appurt[enance]s
37 thereof in the County of Suffolk And all and singular the
38 Messuages Granges houses Edifices Buildings Barns
39 Stables Outhouses dovehouses Orchards Gardens Lands
40 Tenements Meadows Feedings pastures Commons demesne
41 Lands Turbarys Wastes Furze Heath Moors Marshes
42 Farms and Fenny Ground Woods underwoods Waters Fishings
43 Fishing places Fowling Hennary Swanmarks of the
44 fairest Game Free Warrens Free Fishings Wines Quarries
45 Quarries of Stout Rents and Services as well of Free as
46 Customary Tenants Works of Tenants Farms Fee Farms
47 Annuities Knights Fees Relief Herriotts Fines Amerciaments
48 courts prequisites and profits of courts cattles waites
49 estrays chattels of Felons and Fugitives Felons of themselves
50 and persons put in Exigent deodands Estovers and Common
51 of Estovers Fairs Marketts Tolls customs Rights Jurisdictions
52 Franchises Liberties priviledges Royalties profits
53 commodities Emoluments advantages and hereditaments
54 whatsoever to the said several Manors (Mansion houses
55 and premisses belonging or in any wise appertaining and all
56 other the Manors Messuages Lands Tenements and
57 hereditaments of me the said James Buller or whereof or
58 wherein I am Entitled unto under the said Indenture
59 Quinquepartite in possession Reversion or Remainder situate
60 lying and being in the Towns Fields parishes and hamletts
61 of Great Isleham Great Barnards Newhall Uphall Fordham
62 Isham Chippenham and Freckenham any or either of them
63 in the said counties of Cambridge and Suffolk or either of
64 them with their and each and every of their Rights Royalties
65 Members and appurtenances and the Reversion and
66 Reversions Remainder and Remainders Rents Issues and
67 profits thereof and of every part thereof To hold unto the
68 said John Bathurst his Executors Administrators and
69 assigns from and immediately after the End Expiration or other
70 sooner determination of the said Term of Twelve hundred
71 years or as soon as the Trust of the same Term shall be
72 performed and satisfied for and during the full End and
73 Term of Sixty years from thence next Ensuing and fully to be
74 compleat and Ended to for and upon the several uses Ends
75 Intents and purposes and upon the Trusts and subject to
76 the provisoes declarations and agreements hereinafter
77 mentioned and declared of and concerning the same that is
78 to say Upon Trust that he the said John Bathurst his
79 Executors or administrators do and shall by and out of the
80 Rents Issues Produce Increase and Profits of the said
81 Manors Messuages Lands Tenements hereditaments and
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82 premisses so devised to him well and truly pay or cause to be
83 paid unto my said wife for and during the said Term of sixty
84 years if she shall so long live one annuity or clear yearly sum
85 of one hundred and fifty pounds of lawful money of Great
86 Britain by four equal Quarterly payments on the four most
87 usual Feasts or days of payment in the year (that is to say)
88 The Birth of our Lord Christ the Annunciation of the blessed
89 Virgin Mary the Feasts of Saint John the Baptist and
90 Saint Michael the Archangel without any deduction or
91 abatement whatsoever the first payment thereof to begin
92 and be made on such of the said Feasts or days of payment
93 in the year as shall first and next happen after my decease
94 the said annuity or yearly sum of one hundred and fifty
95 pounds to be accepted and taken by my said Wife in full
96 Recompence discharge and Satisfaction of the Covenant I
97 entered into previous to my Marriage with her concerning the
98 value of any Lands or hereditaments that were then
99 settled in Jointure upon her during all such time as the
100 said annuity or yearly sum shall be paid to her as afores[ai]d
101 and I do Will order direct and appoint from and im[m]ediately
102 after the death of my said wife that the said Term and
103 Estate hereby devised to the said John Bathurst as aforesaid
104 shall cease determine and be utterly void any thing herein
105 contained to the contrary thereof in any wise notwithstanding
106 Item all that the deanery and College of Crantock and Saint
107 Columb and all that the prebens called Gosse otherwise
108 Gose prebens in the County of Cornwall and all and every
109 the Rights Members and appurtenances whatsoever to the
110 said College of Crantock now dissolved and heretofore belonging
111 or any time parcel of the possessions thereof and the Rectories
112 of Saint Columb the Lower and Crantock and all and singular
113 the Messuages Mills Granges houses Edifices Lands
114 Tenements Tofts Cottages Meadows Feedings pastures com[m]ons
115 Wasts heaths Marshes Glebe Lands Tythes of Corn Grain
116 Fruit hay and Fishing and all other Tythes whatsoever
117 as well Great as Small and also all the Oblations Obventions
118 Rents Services Profits Commodities and Advantages
119 hereditaments and Emoluments whatsoever to the said
120 deanery or College of Crantock and Saint Columb and the
121 said prebens called Gosse otherwise Gose prebens or to
122 any or either of them belonging or in any wise appertaining
123 or used accepted deemed or taken as any part parcel or
124 Member thereof and all and all manner of Tythes as
125 well Great as Small yearly arising growing or coming
126 within the parishes of Saint Columb the Lower and
127 Crantock being part and belonging to the said deanery
128 College and prebens some or one of them and the Reversion
129 and Reversions Remainder and Remainders of in and to
130 the same respectively I give devise and bequeath the same
131 unto the said John Bathurst his Executors Administrators
132 and Assigns from and immediately after my decease for and
133 during the Term of Eighty years from thence next ensuing
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134 without Impeachment of Waste If my son Francis Buller
135 or any Issue of his Body shall so long live To and for the
136 several uses Ends Intents and purposes and under the
137 several Trusts hereinafter Expressed limited and declared of
138 and concerning the same that is to say In Trust to and for
139 the sole use and benefit of my Son Francis Buller and his
140 Assigns for and during the Term of his natural Life and from
141 and after his decease In Trust to and for the sole use and
142 benefit of the heirs of the Body of my said son Francis
143 Buller lawfully to be begotten for and during the residue and
144 remainder of the said Term and my Will and Mind is that
145 the said John Bathurst his Executors and Administrators
146 shall during and until my said son Francis Buller shall
147 attain his age of Twenty one years pay and apply the
148 Rents produce and profits of the said deanery and College
149 of Crantock and Saint Columb and of the said prebens
150 called Gosse otherwise Gose prebens and of all and singular
151 the Lands Tenements Tythes hereditaments and premisses
152 hereinbefore by me devised to the said John Bathurst for the
153 said Term of Eighty years or so much or such part of parts
154 thereof as he the said John Bathurst his Executors or
155 administrators shall in his or their discretion think fit and
156 reasonable to and for the Maintenance and Education of
157 my said son Francis Buller Item I give devise and
158 bequeath all those my said Manors or Lordships or
159 reputed Manors or Lordships of Great Isleham cum Great
160 Barnards Newhall and Uphall and my said Capital Messuage called
161 Great Barnards hall and my said Manor house of
162 Newhall in the said County of Cambridge with their and
163 each and every of their appurtenances and my said
164 Manor or Lordship of Beck otherwise Beckhall in the
165 said County of Suffolk comprized in the said Term of Twelve
166 hundred years and also all that my Messuage or Tenement
167 Farm Lands hereditaments and premisses situate lying
168 and being in the parish of Great Isleham in the said
169 County of Cambridge heretofore purchased by me of
170 William Affleck Clerk and [missing name] his wife and all
171 other my Manors or Lordships Messuages Lands
172 Tenements Estates and Premisses in the said counties of
173 Cambridge and Suffolk or either of them and also All that
174 the deanery and College of Crantock and Saint Columb and
175 all that the prebens called Gosse otherwise Gose prebens
176 in the County of Cornwall with all and every the Rights
177 Members and Appurtenances whatsoever to the said
178 College of Crantock now dissolved and heretofore belonging
179 or any time parcel of and the possessions thereof and the
181 Rectories of Saint Columb the Lower and Crantock And all
182 and singular the Messuages Mills Granges houses Edifices
183 Lands Tenements Tofts Cottages Meadows Feedings Commons
184 Wastes Heath and any Moors Marshes Glebe Land Tythes
185 of Corn Grain Fruit hay and Fishing and all other tythes
186 whatsoever as well Great as Small and also all the oblations
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187 Obventions Rents Services Profits Commodities Advantages
188 hereditaments and Emoluments whatsoever to the said
189 deanery or College of Crantock and Saint Columb and the said
190 prebens called Gosse otherwise Gose prebens or to any or
191 either of them belonging or in any wise appertaining or used
192 accepted deemed or taken as part parcel or Member thereof
193 and also all and all manner of tythes as well Great as Small
194 yearly arising renewing growing or coming within the parishes
195 of Saint Columb the lower and Crantock being part and
196 belonging to the said deanery College and prebens some or
197 one of them and also all that my Lordship and Manor of
198 Maritavy with the Advowson Right of patronage and
199 presentation of in and the parish Church of Maritavy and
200 all those my Manors or Lordships of Morvall Cargollen
201 otherwise Curgallen otherwise Tregallen otherwise Permarth
202 Keverell Treworgey and Trenope with their and every of their
203 Rights Royalties Members and appurtenances and All that
204 my Capital Messuage Barton Farm and Demesne Lands of
205 Morvall Morvall Church Town Clees otherwise Clies
206 Keverell Old Keverell Instrisicks
207 ontstrisicks Bokenoer Wood without the parks and
208 Keverell Mills in the said County of Cornwall And all and
209 singular other my Messuages Mills Lands Tenements
210 Rents Reversions Services and hereditaments particularly
211 mentioned and described in one Indenture of Bargain and
212 Sale Tripartite and duly Inrolled in his Majestys high court
213 of Chancery bearing date the first day of October one
214 thousand seven hundred and fifty one made or mentioned
215 to be made between me the said James Buller of the first
216 part and William Daddo and Christopher Churchill Clerks
217 of the second part and Samuel Harris therein named of
218 the third part and all that my Capital Messuage Barton
219 Farm and demesne Lands called New Place otherwise
220 Kings Nympton and all other my Messuages Lands
221 Tenements and hereditaments with their appurtenances
222 situate lying and being in the several parishes of Kings
223 Nympton otherwise Nymet Regis Chittlehampton and
224 Chulmleigh each and every of them in the said County of
225 Devon with their and each and every of their Rights
226 Royalties Members and appurtenances unto the
227 honourable Henry Bathurst one of the Justices of his
228 Majestys Court of common pleas at Westminster and Sir
229 Thomas Dyke Ackland of Pixton in the County of Somerset
230 Baronet their heirs and assigns for ever (Subject
231 nevertheless to the said Term of Twelve hundred years
232 and Eighty years and the Trusts thereof as to such parts
233 of the said Estates and premisses as are included therein
234 respectively) to and for the several uses Ends Intents and
235 purposes and Subject to the provisoes conditions and
236 agreements hereinafter mentioned and expressed concerning
237 the same that is to say To the use and behoof of my son
238 John Buller for and during the Term of his Life without
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239 Impeachment of or for any manner of Waste and from and
240 after the determination of that Estate by Forfeiture or otherwise
241 in his Life time Then to the use and Behoofe of the said
242 Henry Bathurst and Sir Thomas Dyke Ackland and their
243 heirs during the natural Life of my said son John Buller
244 Upon Trust to preserve the contingent uses and Estates herein
245 after limited from being defeated and destroyed for that
246 purpose to make Entries and bring actions when and often
247 as Occasion shall require yet nevertheless to permit and suffer my
248 said son John Buller to receive and take the Rents Issues
249 profits and produce thereof during his natural Life and
250 from and after his decease Then to the use and behoofe of
251 the first son of the Body of my said son John Buller lawfully
252 to be begotten and of the heirs Male of the Body of such
253 first Son lawfully issuing and for want of such Issue Then
254 to the use of the second third and all and every other son
255 and sons of the Body of my said Son John Buller lawfully
256 to be begotten severally successively and in remainder one
257 after another as they shall respectively be in seniority of
258 age and of the heirs Male of the Body and Bodies of
259 such son and sons lawfully issuing the elder of such son
260 and the heirs Male of his Body always to
261 be preferred and take before the younger of such sons
262 and the heirs Male of his and their respective bodies
263 and for default of such Issue To the use of my son
264 Francis Buller for and during the Term of his Life
265 without Impeachment of or for any manner of Waste
266 and from and after the determination of that Estate by
267 Forfeiture or otherwise Then to the use and Behoofe of
268 the said Henry Bathurst and Sir Thomas Dyke Ackland
269 and their heirs during the natural Life of my said son
270 Francis Buller upon Trust to preserve the Contingent
271 uses and Estates hereinafter limited from being defeated
272 and destroyed and for that purpose to make Entries and
273 bring actions when and as occasion shall require yet
274 nevertheless to permit and suffer my said son Francis
275 Buller to receive and take the Rents Issues produce and
276 profits thereof for and during his natural Life and from and
277 after his decease Then to the use and behoof of all and every
278 the son and sons of the Body of my said Son Francis
279 Buller lawfully to be begotten and of the heirs Male of
280 their respective Bodys for such Estates and in such manner
281 order and course of priority as hereinbefore are limited to
282 the first and other sons of the Body of my said son John
283 Buller and for default of such Issue To the use of my son
284 Edward Buller for and during the Term of his Life without
285 Impeachment of or for any manner of Waste and from
286 and after the determination of that Estate by Forfeiture or
287 otherwise Then to the use and Behoofe of the said Henry
288 Bathurst and Sir Thomas Dyke Ackland and their heirs
289 during the natural Life of my son Edward Buller upon
290 Trust to preserve the contingent uses and Estates hereinafter
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291 limited from being defeated and destroyed and for that
292 purpose to make Entries and bring actions when and as often
293 as occasion shall require yet nevertheless to permit and suffer
294 my said son Edward Buller to receive and take the Rents Issues Produce
295 and profits thereof for and during his natural Life and after
296 his decease Then to the use and behoof of all and every the
297 Son and sons of the Body of my said son Edward Buller
298 lawfully to be begotten and of the heirs Male of their
299 respective Bodys for such Estates and in such manner order
300 and course of priority as hereinbefore are limited to the First
301 and other sons of the Body of my said son John Buller and
302 for default of such Issue Then to the use and behoof of all
303 and every such other younger son and sons of me the said
304 James Buller begotten or to be begotten severally and in
305 remainder in such manner order and course of priority and
306 for such Estates as before are hereby limited to the sons of the
307 Body of my said son John Buller to be begotten whether such
308 younger son or sons or any of them shall happen to be born
309 in my life time or after my decease and in default of such
310 Issue Then to the use and behoofe of my Eldest son James
311 Buller for and during the Term of his Life without Impeachment
312 of or for any manner of Waste and from and after the
313 determination of that Estate by Forfeiture or otherwise To the
314 use and behoofe of the said Henry Bathurst and Sir Thomas
315 Dyke Ackland and their heirs during the natural Life of my
316 said son James Buller upon Trust to preserve the contingent
317 uses and Estates herein after limited from being defeated or
318 destroyed and for that purpose to make Entries and bring
319 actions when and as often as occasion shall require yet
320 nevertheless to permit and suffer my said son James Buller
321 to receive and take the Rents Issues produce and profits
322 thereof for and during his natural Life and from and after
323 his decease Then to the use and behoof of all and every the
324 son and sons of the Body of my said son James Buller
325 lawfully to be begotten and of the heirs Male of their
326 respective Bodys in such succession for such Estates and in
327 such manner as hereinbefore are limited to the First and
328 other sons of the Body of my said son John Buller to be
329 begotten and for default of such Issue Then to the use and
330 behoofe of my Eldest daughter Jane and her right heirs for
331 ever provided always and my further Will and meaning is
332 that the said Henry Bathurst and Sir Thomas Dyke
333 Ackland and the Survivor of them and the heirs and
334 assigns of such survivor during the Minority of my said
335 Son and Sons who shall respectively take by virtue of this
336 my Will and for his and their use and benefit and for my
337 said son and sons after they shall respectively attain their
338 several and respective ages of Twenty one years his and their
339 heirs respectively unto or for whom and to whose use I have
340 limited and devised my said Lands in Remainder as above
341 mentioned when and as the said Remainders shall happen
342 respectively and they become seized of the premisses in
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343 possession by virtue hereof shall and lawfully may from time to
344 time and at all times by any writing or writings under his
345 and their hands and seals respectively testified by two or
346 more credible witnesses Grant devise and to Farm Lett all or
347 any part or parcel parts or parcells of my said Messuages
348 Lands and hereditaments to any person or persons for any
349 Term or number of years not exceeding Twenty one years
350 in possession and not in Reversion Remainder or Expectancy
351 so as there be reserved on every such demise Lease or part
352 the most Improved yearly Rent that can conveniently be
353 reasonably got for the same without taking any sum of
354 money or other thing for or by way of a Fine and so as
355 such Rent do continue payable during all such Term or
356 Terms of years and so as the same be not dispunishable
357 for Waste by any express Words or Implication therein to
358 be contained and so as such Lessee and Lessees do
359 respectively execute counterparts of such Leases and also
360 shall and lawfully may from time to time fill up make and
361 Grant Leases for Ninety nine years in possession or
362 Reversion determinable upon the death or deaths of one
363 two or three persons then in being or for the Lives of three
364 persons absolute then in being of all or any such part of
365 parts of my said Estates as are comprized in the said
366 Indenture of Bargain and Sale Tripartite bearing date
367 the first day of October one thousand seven hundred and
368 fifty one as have been hereunto so usually leased or Granted
369 by a case under the Old Rents and Covenants and so as such
370 Conventionary Rent or Rents so continue payable during
371 the continuance of all and every such Lease and so as such
372 Lessee or Lessees do respectively execute Counterparts of such
373 Leases provided also and my further Will is that all and
374 every my said son and sons when and as they shall
375 respectively come and be in possession of the said Manors
376 Estates and premisses as hereinbefore are mentioned shall
377 and may and they are hereby fully Impowered to make or
378 Grant a Jointure on any of the said Lands and
379 premisses unto or for the use of any such person or
380 persons as he or they shall respectively Intermarry or
381 take to Wife after such Remainder shall accrue and happen
382 to them respectively in possession as aforesaid provided
383 such Lands so to be Jointured do not nor shall exceed the
384 value of One hundred pounds a year for every one thousand
385 pounds and so in proportion for any greater or lesser sum
386 than one thousand pounds such son or sons shall actually
387 and bona fide receive as the Marriage portion or portions
388 of his of their Wife or Wives and so as the same be made
389 and Granted under proper conditions and Restrictions to
390 prevent Waste And whereas by the said Indenture
391 Quinque partite bearing date on or about the twenty first day
392 of April one thousand seven hundred and forty four herein
393 before mentioned All my said Manors or Lordships Messuages
394 Lands Tenements and hereditaments comprized in the said
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395 Term of Twelve hundred years stood limited to Jonathan
396 Rashleigh and Harry Trelawny Esquires their Executors
397 Administrators or Assigns for a Term of One thousand years
398 upon Trust for raising seven thousand pounds for John
399 Buller Francis Buller and William Buller the younger sons
400 of John Francis Buller Esquire deceased and Rebeccah Ann
401 Mary and Elizabeth Buller the four daughters of the said
402 John Francis Buller which said sum of seven thousand
403 pounds and all Interest due for the same hath been paid
404 off and discharged by me and the said Term of one thousand
405 years hath been since duly assigned to certain Trustees in
406 Trust to attend and wait upon the Fee simple and Inheritance
407 of the same premisses and which same premisses from and
408 after my decease were limited to the use and behoof of the
409 said Benjamin Bathurst and Sir John St Aubin now
410 deceased their Executors Administrators and Assigns for and
411 during and unto the full End and Term of Twelve hundred
412 years from thence next Ensuing and fully to be compleat and
413 Ended without Impeachment of Wast Upon Trust that they
414 the said Benjamin Bathurst and Sir John St Aubin or the
415 Survivor of them or the Executors of Administrators of such
416 Survivor should after my decease by the ways and means
417 therein mentioned there out Levy and Raise for the portion
418 or portions of the child or children of me the said James
419 Buller on the Body of my said Wife Jane who should be
420 living or in ventre samere at the time of my death the
421 several sums of money therein and herein after mentioned
422 that is to say in case there should be but one such child
423 the sum of Eight thousand pounds and if there should be
424 two such children the sum of Ten thousand pounds and if
425 there should be three or more such children the sum of
426 Twelve thousand pounds for the portions thereby provided
427 for two or more such children to be divided between or
428 amongst them in such parts shares and proportions as I the
429 said James Buller should by any deed or deeds or by my
430 last Will and Testament in Writing only Executed direct
431 limit or appoint and for want of such direction Limitation
432 or appointment Equally to be divided between or amongst
433 them share and share alike and the portion or portions
434 of such Child or Children to be paid at such time and times
435 and in such manner and with such benefit of Survivorship
436 as therein is for that purpose mentioned and from and
437 after the End Expiration or other sooner determination of
438 the said Term of Twelve hundred years to the use and
439 behoof of me the said James Buller my heirs and Assigns
440 for ever Now I the said James Buller in pursuance of the
441 power in and by the said recited Indenture quinquepartite
442 bearing date the said Twenty first day of April one
443 thousand seven hundred and forty four reserved touching
444 the said sum of Twelve thousand pounds and all other
445 powers me thereunto enabling do by this my last Will and
446 Testament by me duly Executed direct limit and appoint
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447 Twenty one pounds part of the said sum of Twelve thousand
448 pounds to my said son John Buller and the sum of Twenty
449 one pounds other part of the said sum of Twelve thousand
450 pounds to my said son Francis Buller and the sum of Twenty
451 one pounds other part of the said sum of Twelve thousand
452 pounds to my son Edward Buller and my Will and Mind is
453 that my said sons John Buller Francis Buller and Edward
454 Buller or any of them shall not have or be Intitled unto any
455 other or greater part of Share of the said Sum of Twelve
456 thousand pounds that the part of Share so by me herein
457 before to them respectively directed limited and appointed and
458 that the said sum and sums of money so by me directed
459 limited and appointed to them my said sons shall be accepted
460 and taken by them respectively in full satisfaction and
461 discharge of his their and each of their share or proportion
462 of the said sum of twelve thousand pounds and of all and every
463 other Sum and Sums of money to be raised by virtue of the
464 said Term of Twelve hundred years And all the rest residue
465 and remainder of the said Sum of Twelve thousand pounds I
466 do by this my will direct limit and appoint to and for the
467 sole use and benefit of my daughters Jane Buller Mary
468 Buller and Catherine Buller and all and every other the child
469 and children of me the said James Buller which I shall
470 hereafter have by my said Wife Jane who shall be living or in
471 ventre samere at the time of my death Equally to be divided
472 between or amongst them share and share alike to be paid
473 at such time or times and in such manner and with such
474 benefit of Survivorship in case of the death of any one or
475 more of my said daughters or such other my said child or children
476 which I shall hereafter have by my said wife who shall be
477 living or in ventre samere at the time of my death before the
478 age of Twenty one years as in the said recited Indenture
479 Quinquepartite is for that purpose mentioned Item I give
480 devise and bequeath unto the Reverend William Daddo and the
481 Reverend Christopher Churchill both of the parish of Saint
482 Thomas in the County of Devon Clerks and to the Survivor of
483 them and to the Executors Administrators and Assigns of
484 such Survivor All the Estate Right title and Interest which I
485 the said James Buller have in the tythes of Saint Stephens
486 and the Sanctuary Manor by Salt Ash under or by virtue
487 of a Lease granted to me by the dean and Cannons of
488 Windsor upon Trust that they the said William Daddo and
489 Christopher Churchill and the Survivor of them and the
490 Executors and Administrators of such Survivor shall Assign
491 the same unto my Son Edward Buller when and as soon as
492 he shall attain the age of Twenty one years for his own
493 proper use and benefit and in case my said Son Edward
494 Buller shall happen to dye before he shall attain his said
495 age of Twenty one years Then and in such case upon Trust
496 that they the said William Daddo and Christopher Churchill
497 and the Survivor of them and the Executors and Adm[inistrat]ors of
498 such Survivor shall assign all my said Estate Right Title
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499 and Interest of in and to the said Tythes of Saint Stephens
500 and the said Sanctuary Manor to such person as shall on the
501 death of my said son Edward be seized in possession of my
502 said Capital Messuages of Morvall and Kings Nympton
503 aforesaid under and by virtue of this my Will and in the
504 mean time In Trust that they the same William Daddo and
505 Christopher Churchill and the survivor of them and the
506 Executors and Administrators of such survivor shall during
507 and until my said son Edward Buller shall attain his said
508 age of twenty one years pay and apply the Rents Produce
509 and profits of all those my said Tythes of Saint Stephens
510 and Manor of Sanctuary or so much or such part or parts
511 thereof as my said Trustees shall in their discretion think
512 fit and reasonable for and towards the Maintenance and
513 Education of my said son Edward Buller. Item I also give
514 devise and bequeath unto the said William Daddo and
515 Christopher Churchill and the Survivor of them and the
516 heirs Executors and Administrators of such Survivor all my
517 Estate Right Title and Interest of in and to the Tythes of
518 Morvall in the said County of Cornwall In Trust that they my
519 said Trustees or the Survivors of them and the Executors and
520 administrators of such Survivor shall from time to time
521 and at all times after my death hold and Enjoy the same In
522 Trust and to and for the use and benefit of such person
523 and persons as shall from time to time stand and be seized
524 and in possession of my said Capital Messuages of Morvall
525 and Kings Nympton aforesaid. Item I give and bequeath
526 unto all and every my Menial Servants who shall live
527 with me at the time of my death one Quarter of a years
528 wages over and besides what shall be due and owing to
529 them respectively at my death. And whereas my said
530 Tythes of Crantock hereinbefore by me devised to or for the
531 use of my said son Francis Buller do with my said
532 Barton of Morvall and other Lands and hereditaments
533 of me the said James Buller stand charged with the
534 payment of one annuity or yearly Sum of Three hundred
535 pounds to my Brother Francis Buller Esquire for and
536 during the Term of his natural Life It is my Will desire and
537 request and I do hereby Will order and direct that the said
538 annuity or yearly Sum of Three hundred pounds shall be
539 wholly raised and paid to my said Brother Francis Buller
540 for and during his Life by and out of the Rents Issues and
541 profits of my said Barton of Morvall and other the Lands
542 and hereditaments comprized in such security Exclusive of
543 my said Tythes of Crantock and that my said son
544 Francis Buller shall from and after my death Receive or
545 be permitted to Receive to and for his own use and benefit
546 yearly and every year during the said Term of Eighty years
547 hereinbefore mentioned and all and singular the said
548 Tythes of Crantock arising growing renewing and increasing
549 or Rents Issues and profits thereof Free and clear of and
550 from the payment of all or any part or parts of the said
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551 annuity of Three hundred pounds and in case it shall happen
552 that all or any part or parts of the said Annuity shall at any
553 time or times after my death be raised or paid out of the Tythes
554 of Crantock or out of the Rents or profits there of then and as
555 often as the case shall so happen I do will order and direct
556 that they the said William Daddo and Christopher Churchill and
557 the Survivor of them his heirs Executors or Administrators
558 shall and do from time to time and as often as the case shall
559 so happen by and out of the Rents and profits of the Rest
560 and Residue of my Real and Chattel Estate and the rest and
561 residue of my personal Estate hereinafter by me devised and
562 bequeathed to them satisfy and pay unto my said son Francis
563 Buller so much money yearly as shall be so raised out of the
564 said Tythes of Crantock for and towards satisfying and
565 paying of the said annuity to my said Brother Francis Buller
566 Item all other my Messuages Lands Tenements and heredit[amen]ts
567 situate lying and being in near or adjoining to the Borough
568 of Salt Ash in the County of Cornwall and also all that my
569 Manor or reputed Manor or Lordship of Banwell in the
570 County of Somerset and also all that Tenement called Staceys
571 Tenement in the parish of Crediton in the County of Devon
572 which I hold by Lease under the Church of Exeter with their
573 and every of their Rights Members and Appurtenances
574 and all the rest and residue of my Real and Chattel Estates
575 whatsoever not hereinbefore by me Given and devised and
576 all my Goods Chattels household and other Furniture Stock
577 deer in the park the diamond Necklace and Ear Rings which
578 I formerly purchased of Mr Lacam And all my Jewells (Except
579 the small pair of diamond Ear Rings and Gold Watch herein
580 before by me given to my said Wife) and all my Plate
581 Ready money and Securities for money Terms and Interests in
582 any Terms of years which I or any person or persons In
583 Trust for am are or shall be possessed of Interested in or
584 Intitled unto at the time of my death And all other my
585 personal Estate I give devise and bequeath the same and
586 every part and parcel thereof and all my Estate Right title
587 and Interest therein unto the said William Daddo and
588 Christopher Churchill and the Survivor of them and the
589 heirs Executors and Administrators of such Survivor upon
590 Trust that they the said William Daddo and Christopher
591 Churchill and the Survivor of them and the heirs Executors
592 and Administrators of such Survivor shall and do by and
593 out of the Rents Issues and profits of my said Messuages
594 Lands Tenements hereditaments and premisses lying and
595 being in near or adjoining to the said Borough of Salt Ash
596 and my said Manor or Lordship of Banwell and of my
597 said Tenement called Staceys Tenement and all the Rest
598 and Residue of my said Real and Chattel Estates and by
599 and out of my said personal Estate or the Interest or produce
600 thereof pay and discharge as soon as conveniently may be
601 all my debts Legacies and Funeral Expences And also satisfy
602 and pay from time to time unto my said son Francis Buller
603 [Page 13]
604 all such sum and sums of money as shall at any time or
605 times after my death be raised or paid out of the said Tythes
606 of Crantock or out of the Rents Issues or Profits thereof
607 hereinbefore given and devised to or to the use of or In
608 Trust for my said son Francis Buller as aforesaid for or
609 towards Satisfying or paying of the said annuity of
610 Three hundred pounds to my said Brother Francis Buller
611 and also pay off and discharge the sum of one thousand
612 five hundred pounds and all Interest due and to grow
613 due for the same secured by Mortgage made by me to
614 Bartholomew Jeffrey late of Exeter in the County of Devon
615 Esquire since deceased and my Will and Mind is and I do
616 will order and direct that when and as soon as the said
617 principal sum of One thousand five hundred pounds and
618 Interest as aforesaid shall be fully paid and Satisfied the
619 Estate and premisses comprized in such Mortgage or
620 Security shall be thereupon assigned to some person or
621 persons In Trust to amend the Inheritance of the same
622 premisses to the End and Intent that the same from and
623 after such assignment made shall and may be for ever
624 thereafter held and Enjoyed Freed and Discharged of and
625 from the said Mortgage or Incumbrance and my further
626 Will and Mind is and I do hereby Will Order and direct
627 that the said William Daddo and Christopher
628 Churchill and the Survivor of them and the heirs
629 Executors and Administrators of such Survivor do and
630 shall by and out of the Rents Issues and profits of my
631 said Real and Chattel Estates and the Residue of my
632 said personal Estate for the benefit of my said son
633 Edward Buller and of every other person and persons
634 to whom I have hereinbefore devised or limited the Estate
635 and Interest which I have in the said Lease of Saint
636 Stephens under the dean and Cannons of Windsor within
637 one year after my death Renew and fill up the said
638 Term or Lease to and for the Term of Twenty one years
639 In case the said dean and Cannons shall be willing to
640 fill up or Renew such Lease and to pay such Fine or
641 sum of money to the said dean and Cannons for such
642 Renewall as aforesaid as they the said William Daddo
643 and Christopher Churchill or the Survivor of them his
644 heirs Executors or Administrators shall in that behalf
645 Judge reasonable and upon this further Trust and
646 Confidence that they the said William Daddo and Christopher
647 Churchill or the survivor of them his heirs Executors and
648 Administrators from and after payment and discharge of
649 the said debts Legacys and sums of money hereinbefore men[t]ioned
650 and the Costs and Charges which they my said Trustees or
651 any of them shall or may have been at or shall be put
652 unto in or about the Execution of All or any the Trusts
653 hereby Reposed in them do and shall with all convenient
654 speed convey assign make over and deliver unto my said
655 son John Buller his heirs Executors Administrators and
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656 assigns in case he shall be then Living and shall have
657 attained his age of Twenty one years or as soon after as he
658 shall have attained that age or in case of the death of my
659 said son John Buller before he shall have attained such age
660 To such person and to the heirs Executors Administrators and
661 assigns of such person as shall next after the decease of my
662 said son John Buller be first seized and possessed of my Capital
663 Messuages or Mansion houses of Morvall and Kings
664 Nympton under and by virtue of this my Will when and as
665 soon as such person shall attain the like age of Twenty one
666 years all the rest and residue of my Real Chattel Leasehold
667 and personal Estates which shall then Remain in their or
668 any of their hands Custody power or possession unapplied
669 and undisposed of and it is my further Will and Mind that
670 in case my said son John Buller shall within six months
671 next after my decease by writing under his hand and Seal
672 to the Satisfaction and good Liking of the said William
673 Daddo and Christopher Churchill or the Survivor of them or
674 the Executors or Administrators of such Survivor Secure to
675 be paid all and every my said debts Legacies Funeral
676 Expences and the said sum of one thousand five hundred
677 pounds and Interest or so much thereof as shall remain
678 due and to Renew and pay the Fine on Renewal of the
679 said Lease hereinbefore by me directed to be paid and to
680 Indemnify my said son Francis Buller and the said
681 Tythes of Crantock of from and against the payment of
682 all or any part of the said annuity of Three hundred pounds
683 to my said Brother Francis Buller, than then and in such
684 case they the said William Daddo and Christopher
685 Churchill and the survivor of them his heirs Executors
686 and administrators shall convey assign make over and
687 Tender unto my said son John Buller his heirs Executors
688 Administrators and Assigns all and every my Real Chattel
689 and Leasehold Estates household and other Goods Furniture
690 Stock Jewells Plate Money and other my said personal
691 Estate so devised to them for the purposes aforesaid provided
692 also and my Intent and meaning is that so much of the
693 Rents and profits of the said Chattel and Leasehold premisses
694 and the profits Interest and produce of the other parts of my
695 personal Estate as shall not be necessary or thought fit or
696 convenient in the discretion of my Trustees to be laid out in
697 the Maintenance and Education of my said sons as afores[ai]d
698 shall be laid up by my said Trustees and the Survivor of
699 them and the Executors and Administrators of such survivor
700 and be put out at Interest on Government or Real Securities
701 and that the principal of what shall be so put out and also
702 the Interest attending the same shall follow the dispositions
703 and be subject to such and the like applications as are herein
704 before made and directed concerning such Trust Estates
705 respectively as aforesaid and my said Trustees and the
706 survivor of them and the Executors and Administrators of such
707 Survivor shall and may Call in after Vary Change and Renew
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708 any of the said securities on which such money shall
709 be so put out or Lent as aforesaid as from time to time they shall
710 so think fit or see necessary and my Will also is that my said
711 Trustees and the Survivor of them and the Executors and
712 Administrators of such Survivor shall and may during the
713 respective Minoritys of my Sons respectively as aforesaid
714 Lease or demise either for any Term or Number of Years not
715 exceeding Twenty one years in possession All or any part of
716 the said Chattell and Leasehold Estates under the most
717 improved Annual Rents payable Quarterly or otherwise as
718 shall be agreed upon with proper Clauses of Entry and
719 distress for Nonpayment of the Rent and under such other
720 Covenants and Reservations their Executors and Adm[inistrat]ors
721 shall be Indemnified and saved harmless and Repay
722 themselves all costs charges and Expences out of the said
723 Trust Estates which they shall severally be put unto or
724 suffer any wise relating to or concerning the Trust afores[ai]d
725 and they my said Trustees shall not be liable to answer
726 for the Receipts Acts of doings of one another but each for
727 himself and his own Receipts actings and doings only
728 Nor shall they or either of them be chargeable for any
729 more Monies than they shall respectively and actually
730 Receive (their Joining for Form sake in Receipts
731 notwithstanding) Nor shall they or either of them be
732 answerable for the Insufficiency or Failure of any Tenant
733 or Tenants of any part of parts of the said premisses so
734 to be demised and Leased by them as aforesaid or by
735 reason of any part of the premisses being at any time
736 untenanted Nor for the Insufficiency of Failure of any
737 of the Real Securities on which the said Trust moneys
738 shall be so Lent as aforesaid without their wilful default
739 or Neglect Nor for the Fall or Insufficiency of Failure or
740 alteration of any Government Security And that they my
741 said Trustees their Executors and Administrators shall be
742 secured again and indemnified from all covenants and
743 agreement which they or either of them shall give or
744 enter into or make for the better Satisfaction of any
745 person or persons who shall take or have any Lease or
746 Leases of any part of the said Leasehold premisses from
747 them my said Trustees and my Will and meaning further
748 is that for the last of my said Trustees they or any of
749 them shall and may from time to time as there shall be
750 occasion deposit for the better and more convenient custody
751 thereof in the Bank of England or in the hands of any
752 Banker or Bankers of good Note and Reputation any
753 sum or Sums of money which shall or may come to their
754 or either of their hands by from or out of or in respect of
755 the said Trust Estate until such Monies can be laid out
756 and an Advantage can be made thereof upon such
757 Government or Real Securities as aforesaid and my said
758 Trustees or either of them shall not be Subject to any Loss
759 or damage which shall or may happen to such Trust Estate
760 by
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761 by their or either of their so doing or by the Failure of any
762 Banker or Bankers and I do hereby nominate constitute
763 and appoint my said son John Buller sole Executor of this
764 my Will In Witness whereof I have to two parts of this my
765 will each written upon three Skins of Parchment, to the two
766 first skins whereof I have set my hand and seal this
767 thirtieth day of March one thousand seven hundred and
768 sixty four James Buller Signed sealed published and
769 declared by the said James Buller the Testator as and for
770 his last Will and Testament in the presence of us who in his
771 presence and at his request and in the presence of each
772 other have set our names as Witnesses thereto the said
773 Testator having first set his Name to the two first Skins
774 and his hand and seal to the last Skin thereof John Child
775 Saml Harris Wm Harris
776 This is a Codicil to be annexed to the last Will and
777 Testament of me James Buller of Kings Nympton in the
778 County of Devon Esq bearing date thirtieth day of March
779 in the year of our Lord one thousand seven hundred and
780 sixty four and which I Will and declare shall be deemed
781 and taken as part thereof. Whereas I am seized in Fee of
782 and in the Advowson and Right of Patronage of the parish
783 and parish Church of Lanreath in the County of Cornwall
784 and also of and in divers Messuages Lands and
785 hereditaments lying within the Town and Borough of
786 Plymouth and in the several parishes of Beere Alston
787 Beere-Ferris and Tamerton-Holiet and also of and in the
788 Moiety of a Messuage or Tenement called Garland lying
789 within the parish of Chulmly in the said County of Devon
790 Now I do hereby give and devise the said Advowson and
791 Right of Patronage and all my Messuages Lands and
792 hereditaments lying in the said Town or borough of
793 Plymouth and the said several parishes of Beer alston
794 Beere Ferris and Tamerton Foliet and also the said Moiety
795 of the said Messuage or Tenement called Garland unto
796 my second son John Buller his heirs and assigns for
797 ever And whereas on or about the fifth day of April
798 last past I entred into a Contract with John Stevens for the
799 purchase of all that the Chapple of Saint Margaret of
800 Isleham in the County of Cambridge with the site and
801 circuit of the same Chapple and all Mansions Messuages
802 Barns Stables houses dwelling houses Buildings Orchards
803 Gardens Lands Tenements Meadows Feedings pastures
804 commons Fen Grounds Tyths Fruits Oblations Obventions
805 Emoluments Commodities and hereditaments thereto belonging
806 for the Residue of a Term of Twenty one years in such contract
807 mentioned for the sum of Fifteen hundred pounds under the
808 Rents Covenants and Reservations in the Lease thereof
809 contained Now I do hereby give and bequeath all the said
810 premises comprized in the said contract and all Benefit of
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811 Renewal or other Advantage to be had or gotten for the same
812 unto my said second son John Buller his Executors or Assigns
813 and lastly I do hereby ratify and confirm my said Will and
814 all the devises and Bequests therein as if the same were
815 here again mentioned and repeated in this my Codicil In
816 witness whereof I have hereto set my hand and seal this
817 twelfth day of September in the year of our Lord one thousand
818 seven hundred and sixty four James Buller Signed Sealed
819 published and declared by the said James Buller as and for a
820 Codicil to his last Will and Testament in the presence of us
821 who at his request in his presence and in the presence of each
822 other have set our names as Witnesses hereto John Tossell
823 A: Tossell Samuel Hulland
824 This Will was proved at London with a Codicil
825 the twenty third day of May in the year of our Lord one
826 thousand seven hundred and sixty five before the Worshipfull
827 Peter Calvert doctor of Laws and Surrogate of the Right
828 Worshipfull George Hay doctor of Laws Master Keeper or
829 Commissary of the prerogative Court of Canterbury lawfully
830 constituted by the Oath of John Buller Esquire the son of the
831 deceased and Executor named in the said Will to whom
832 administration was granted of all and singular the Goods
833 Chattels and Credits of the said deceased he having been first
834 sworn duly to administer.
835 Examined with the Original Wills by me Ja: Heseltine

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