David Fuller of Newton, Commonwealth of Massachusetts, USA
Petition before the Probate Court, 23 Jan 1826

Middlesex County Probate Court
Reference: Case Number 8729
Final Probate, 14 Feb, 1826, County of Middlesex,
Commonwealth of Massachusetts, USA

(Born 1784   -    Died 12 Jan. 1826)
(David5, David4, Joshua3, Jeremiah2, John1of Newton)

Transcribed by Wayne L. Fuller, July 2017

 

[Note: David Fuller Jr. 1784-1826, died intestate (without a Will) and below are his Probate Court Records (transcribed) which tell us about his family and are consistent with information recorded in the Vital Records or History Books of Newton, MA. He never married, but his family was:

Father – David Fuller 1751-1804
Mother – Sarah Williams Fuller 1750-1812

Siblings
Eunice – died at birth
Hannah - married Joshua Goodridge
Sarah - married Deacon Joel Fuller (her second cousin)
Martha – 1793-1821 signed “Martha Collins” in records below (reported as unmarried in history books)
The headers with dates prior to each document were inserted by me......Wayne L Fuller]

 

23 Jan 1826 (assumed-doc not dated) Petition to the Probate Court to name Administrator

To Hon. Samuel P. P. Fay Esq., Judge of the Probate in and for the County of Middlesex. This may certify that it is our desire that Joel Fuller of the Town of Newton and County of Middlesex may be appointed Administrator to the Estate of David Fuller late of said Newton and County aforesaid deceased Intestate and we hope that your Honour will appoint him accordingly

[signed] Joshua Goodridge and Hannah Goodridge

 

 

23 Jan 1826 Appointing Appraisers to take an Inventory of Estate

COMMONWEALTH OF MASSACHUSETTS.
Middlesex ss.  

The Honorable Samuel P.P. Fay,  Esq. Judge
of the court of Probate in and for the county of Middlesex aforesaid.

To  Henry Craft, yeoman, James Fuller, Gentleman, & Ephraim Jackson 2nd yeoman all of Newton                                                                                                                                                                                                      Greeting.

You are hereby appointed and empowered, as three suitable persons to take an inventory of all the estate whereof    David Fuller     later of   Newton   in said county of Middlesex, Yeoman   died seized and possessed in the Commonwealth aforesaid; and, according to your best skill and judgement, truly and justly to appraise the same, as soon as may be, in dollars and cents, according to the present value thereof, being first sworn to the faithful discharge of that trust;  and when you shall have completed the said inventory, as aforesaid, you are to deliver the same, together with this warrant, with your doings thereon, sealed up, to the  Administrator   of the  estate   of the said deceased, who is hereby accordingly directed so to return and exhibit the same, on oath, into the Probate Office of the said county of Middlesex, within three months from the time of taking upon   himself   that trust.

Witness the said Samuel P.P. Fay, Esq.  Judge as aforesaid, under his hand and seal official, this twenty third  day of January in the year of our Lord one thousand eight hundred and twenty six

Countersigned,                                                   [signed]  S. P.P. Fay   J. Prob
[non]                                 Reg[istra]r.

 

Middlesex ss.   February 15  A. D.  1826

THEN the abovenamed  Henry Craft, James Fuller & Ephraim Jackson 2nd

personally appeared and made oath, that they would faithfully and impartially discharge the trust reposed in them by the foregoing warrant,

Before me,  [signed] Isaac Bemis   Justice of the Peace

 

 

14 Feb 1826  Petition to the Court by Joel Fuller

To the Honorable Samuel P. P. Fay Esq., Judge of the Probate in and for the County of Middlesex.

The Memorial of Joel Fuller of Newton in said county, Gentleman

Respectfully represents That     David Fuller, Yeoman, who last dwelt in said Newton within six months last past died intestate, possessed of goods & estate remaining to be administered, never having been married & having no father nor mother.

That Hannah Goodridge with the wife of your Petitioner are the next of kin:

That the husband of said Hannah has declined the administration & request that your Petitioner be appointed.

That the said Petitioner is eligible to the office of Admin[istrater] and is ready to give Bond, with sufficient sureties, for the die performance of said trust: Wherefore your memorialist prays, that he may be appointed Asmin[istrater] in manner and form as the law in such case provides.

[signed]  Joel Fuller

 

Commonwealth of Massachusetts.

Middlesex ss.   At a Court of Probate, holden at Concord in and for said county, on the 14th day of February A.D. 1826

The foregoing memorial being read and fully understood, and all needful inquiries made relative thereto, it appeared to me, the Judge of said court, that the declarations thereof are true, and that the memorialist is a suitable person to be appointed to the said office of admin[istrat]or and is eligible thereto:

It is therefore decreed by me, the said Judge, that the said Petitioner be appointed admin[istrat]or with sufficient sureties for the due performance of said trust. In manner and for as the law in such cases provided:

And it is Ordered; that the said Admin[istrat]or exhibit upon oath into the Court of Probate in and for said County a true and perfect inventory of all and singular the real estate, goods, chattels, rights and credits of the said David [Fuller] within three months from the date hereof.

[signed] S P.P. Fay J. Prob.

 

 

14 Feb 1826 – Bond/Appoint Administrator

KNOW all Men by these Presents That we, Joel Fuller of Newton in the County of Middlesex  Gentleman as Principal & Henry Craft and Bradshaw Stearns yeoman as Surities all

within the Commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto   Samuel P.P. Fay Esq.  Judge of the Probate of Wills, and granting administration within the County of Middlesex in the full and just Sum of Thirty thousand dollars, to be paid unto the said Samuel P.P. Fay or his Successors in the said Office: to the true Payment whereof, we do bind ourselves, and each of us, our, and each of our heirs, executors, and administrators, jointly and severally, by these present.  Sealed with our Seals. Dated the fourteenth Day of February in the year of our Lord, one thousand eight hundred and twenty six

THE Condition of this Present Obligation is such, 

That if the above bounden   Joel Fuller who has this day been appointed administrator of all and singular the goods and estate of    David Fuller late of Newton in said County of Middlesex Yeoman

deceased, do make or cause to be made a true and perfect inventory of all and singular the real estate, goods and chattels, rights and credits of the said deceased, which have or shall come to the hands, possession or knowledge the said Adm[inistrat]or or into the hands or possession of any other person or persons for him,  and the same so made, do exhibit, or cause to be exhibited into the  registry of the Court of Probate of the said county of Middlesex at or before the fourteenth Day of   May   next ensuing; and the same goods and chattels, rights and credits, and all other the goods and chattels, rights and credits of the said deceased, at the time of his death, which, at any time after, shall come to the hands and possession of the said Adm[inistrat]or  or into the hands and possession of any other person or persons for the said Adm[inistrat]or do well and truly administer according to law; and further do make or cause to be made a just and true account of his said administration upon oath, on or before the fourteenth Day of February which will be in the Year of our Lord, one thousand eight hundred and twenty seven.

And all the rest. and remaining of the said goods and chattels, rights and credits which shall be found remaining upon the said administration account (the same being first examined and allowed by the judge for the time being, of,  Probate of wills and granting administrations within the county of Middlesex aforesaid) shall deliver and pay unto such person or persons respectively, as the said judge by his decree or sentence pursuant to law shall limit and appoint: and if is shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same in the Court of Probate for the said county of Middlesex     making request to have it allowed and approved accordingly; if the said  Joel Fuller  above bounden, being thereunto required, do render and deliver the said letter of administration (approbation of such testament being first had and made)  into the said court:  Then the before written obligation to be void and of none effect, or else shall abide and remain in full force and virtue.

Sealed and Delivered
in Presence of us [all signed]                   Joel Fuller
Elisha Fuller                                                Henry Craft
Martha Collins                                            Bradshaw Stearns

 

14 Feb 1826 – Inventory – date accepted by the Court

An Inventory of the Estate of David Fuller in the County of Middlesex Deceased appraised upon by us the subscribers duly appointed to that service by order of the Hon S P P Fay Esq. Judge of Probate of wills, etc. for the county of Middlesex, viz.

[Real Estate]

One half of 13 acres called the Townsend lot @ $30 p acre   $195.00
One half of 10   “         “       “   Morse pasture @ $13.50 67.50
One half of 4 ½ “         “       “   coc Fuller lot on the Island @ $12 27.00
One half of 3 ½ “          “      “   Knap lot @ $21 36.75
One fourth of 5 acres    “      “   Thompson lot @ $22 27.50
One fourth of the Factory lot so called 6 acres @ $25 37.50
The Waltham Lot so called one Acre  @  $365 365.00
One half of the Marsh Lot in Brighton  @  $300 300.00
One half of the Homestead farm and Building @  $1500 1500.00
One fourth of 2 pews in the West precinct Meetinghouse 10.00
One half of a lot of land in the state of Illinois 160 acres 80.00
Personal Estate
1 Large loom $1.25, one chaise & harness $9.00, one grindstone $1.00 11.25
Corn box in shed $0.75, one chain $1.50, one ayeth & snath $0.25 2.50
One Ox Waggon $20, lumber in road $1.25, twenty five chesnut posts $2 23.25
1 stone Pot $1.00, hamer & trace $2.50, one cider barrel $0.65 4.15
1 light stand $0.60, one maple table $2.00, one writing desk $3.00 5.60
contents of Desk $1.25, one looking glass $1.50, 6 chairs @30 cts $1.80 4.55
half a crain shovel & tong, andirons & hamels $2., 1old maple table $0.50 2.50
1 firm table $0.50, 1 Form @0.25, 1 brass $4.00, Iron ware $5.00 9.75
Warming pan $2.50, stone & earthen ware $1.50, tin ware $2.00 7.00
Hot irons & chopping knife $1.00, wooden ware $2.00, meat chest $0.50 3.50
grease $2.00, lead weights $0.25, cleaver & knife $0.60, coffee mill $0.25 3.10
One bedstead & bed $2.00, wooden measures $0.50, Carpenter tools $0.75 3.25
Baskets & pails $0.60, hand saw $1.00, lether hosse, $1.50, 1 trunk $1.75 3.85
1 French iron and bayonet, $3.00, rifle gun $5.00, stuff in entry $2 10.00
three loin 0.25, things in closet $0.25, potatoes $9.00, half barrel soap $2 11.50
Casks in cellar $4.00, Vinegar $1.00, cider $3.00. fork & tub $1.75 9.75
Contents/chest $1, 1 chest $1, 1 round table $.0.50, 1 cherry table $2 4.50
Sheets & table cloths $10, 1 chest $0.25, China ware $4, glass ware $2 16.25
Cooking ware $1.50, knives/forks $2, wooden ware in chamber $0.75 4.25
2786.75
[page2]
 Amount bro[ught] over 2786.75
10 milk pans & 1 tin pail $4.00, 1 feather & bedding $18.00 22.00
bedstead & cover $2, light stand $0.25, bed & bedding $10 12.25
bedstead & cover $0.25, Old lumber in garnet $5, English hay $30 35.25
Stalks & husks $4.50, swail hay $3, barley straw $2.50 10.00
1 Ox yoke $0.75, fork/rake 0.50, half an ox cart $2.50, 1 ox sled $2 5.75
Old cow $15.50, best cow $20, shed $3, chain mower $5, 1 plough $1.50 45.00
Sleigh tac $0.25, cask/nails $2, old lumber in shop $2, 2 iron bars $2 6.25
1 lock $.025, 1 bed/pillows $10, coverlet & blanket $9, Andirons $0.50 19.75
2 bottles $0.50, broad axe 1.50, narrow axe $0.50, ashes kettle $0.60 3.10
Old iron $6, steel traps $4, 1 silver watch $14, shaving tools $1.25 25.25
butter $4.50, the deceased’s wearing apparel $18 22.50
Bank stock on state bank $780 780.00
One note of hand signed by Samuel Brigham principle & int[erest] 110.68
One ditto signed John Chiller, Timothy Hoar, Ralph Wood, princ & int 227.73
One note of hand signed by James C Kent, principle & Interest 15.18
One note of hand signed by George Stearns 3.70
One note of hand signed by George Murdock 104.50
One note of hand signed by Geo Murdock 226.79
One note of hand signed by Peter Ross 4.29
A lot of hammered stone at Waltham 155 feet 65.55
  [Total] ………………………………………………… $4532.27

Newton Feby 2d
[signed]
Henry Craft                )
James Fuller               )     Appraisers
Ephraim Jackson 2d  )

 

Commonwealth of Massachusetts.

Middlesex ss. At a Court of Probate, holden at Concord  in and for said County, the 14th day of Feb[ruar]y A.D. 1826

The foregoing having been duly returned, and this day exhibited, on oath, by Joel Fuller the Admin[istrat]or  of the estate of said deceased, as a true and perfect inventory of all the estate of said deceased, that has hitherto come to his hands, possession, or knowledge; and the said Admin[istrat]or having made oath, that if any further estate of said deceased shall hereafter come to his possession or knowledge, he will render a just and true account thereof into the Probate Office, to be of record herewith; it is therefore decreed by the Judge of said court now here, that the same be and it is hereby accordingly accepted, and order to be recorded.

[signed] S P. P. Fay        J. Prob.

 

 

14 February 1826  Petition to the Court by Joel Fuller

To the Hon Samuel P P Fay Esq. Judge of the Court of Probate for the county of Middlesex, in the Commonwealth of Massachusetts,

Humbly shows  Joel Fuller adm[inistrat]or of the estate of David Fuller late of Newton in the county of Middlesex, deceased intestate; that it would be more for the benefit of those concerned in the estate of said deceased, that the whole of the estate personal estate of said deceased, whereof not special disposition hath already been duly made, should be sold at Public sale  than to hold the said    adm[inistrat]or to account for the same, according to the appraisal thereof in the inventory of said estate:

Whereof the said adm[inistrat]or prays your honour would order the same to be sold at public sale pursuant to the law in such cases made and provided

[signed] Joel Fuller

 

Commonwealth of Massachusetts.

Middlesex ss. At a Court of Probate, holden at Concord in and for said County, the 14th day of February A.D. 1826

Having made all needful inquiries, touching the forgoing petition,  and fully understanding the same, it appears to the Judge of said court, that the prayer thereof ought to be granted.  It is therefore decreed by the said Judge, now here, that the personal estate of said deceased be sold at public sale as therein prayed for.

[signed] S P. P. Fay        J. Prob.

 

[Note: there is no other records in this file regarding the Real Estate or information on distribution of the estate]

 

Source:

New England Historic Genealogical Society, Middlesex County, MA: Probate File Papers, 1648-1871.   New England Historic Genealogical Society, online database, 2014.  From records supplied by the Massachusetts Supreme Judicial Court Archives, Boston, MA, USA.