Joshua Fuller of Newton, Commonwealth of Massachusetts, USA
Petition before the Probate Court, 2 Dec 1817
Middlesex County Probate Court
Reference: Case Number 8768
Final Probate, 15 Jan, 1819, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 2 Mar 1747 - Died 8 Nov 1817)
(Joshus4, Joshua3, Jeremiah2, John1of Newton)
Transcribed by Wayne L. Fuller, August 2016
An initial petition by James Fuller son of the deceased Joshua Fuller, late of Newton requesting approval that he be appointed administrator of the estate of his father, Joshua Fuller, as he had died intestate – without a Will, was heard by the Hon. James Prescott Esq. Judge of Probate for the County of Middlesex in the commonwealth of Massachusetts; The court proceedings are summarized below.
Dec 2, “To Honorable James Prescott Esquire, Judge of the Probate &c. in the County of Middlesex in the commonwealth of Massachusetts. The Memorial of James Fuller of Newton in said County Gentleman Humbly showeth, That Joshua Fuller late of said Newton gentleman who last dwelt in said County has within sixty days last past died intestate, & possessed of goods and estate not by him disposed of during his life time, That is necessary that some suitable person should be appointed administrator of the estate of said deceased, That your memorialist is the son and one of the heirs at law of said deceased and is a suitable person and well qualified for that trust and eligible to the office of adm[inistrat]or and ready to give bond with sufficient sureties to your Honor’s satisfaction, as the law in such case requires, for the due performance thereof……And your memorialist, as in duty bound, will ever pray, &c.” [signed] James Fuller
Dec2, “The foregoing memorial being read and fully understood, and all needful inquiries mad, and 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 administrator of the said deceased. It is therefore decreed by me, the said Judge that he be appointed administrator as prayed for, he giving bond with sufficient sureties, as the law requires for the due performance thereof. [Signed] James Prescott Prob.
Dec 8, “An Inventory of the Estate of the late Joshua Fuller late of Newton Gentleman deceased Viz.
|old Casks and Lumber in the shed||1.33|
|old Boards & plank $1,58 ox-cart body $3,00||4.58|
|3 Ladders $0,25 old Iron in the Garret & shed $4,50||5.25|
|old Lumber in the Garret $1,00 steel traps $8,00||9.00|
|3 Seigthes $0,50 500 old rails $12,50 225 old posts $11.25||24.25|
|old lumber on the common $1,75 3 axes & bill hooks $1,50||3.25|
|1 Iron bar $1,50 Augers plains $1,25 beetle & wedges $0,50||3.25|
|1 plow $3,50 Dung fork & hook $1,00 4 chains $2.00||6.50|
|Collar Hamer & Traces $1,25 Saddle and Bridle $0.50||1.75|
|Sley & Harness $4,00 bells $0,50 Horse cart & Harness $7,50||12.00|
|Chaise & Harness $7,00 Grindstone $1,00||8.00|
|Wheelbarrow $1,50 lot of new boards $2,50||4.00|
|Lumber in cornbarn $0,60||0.60|
|Hay-hooks forks & Rakes $1,00 English Hay $27,00||28.00|
|Meadow Hay $15,00 Rye Straw $3,00 Husks & Stalks $8,00||26.00|
|Canoe $3,00 1 Horse $40,00 old Red Cow $26,00||67.00|
|Young red Cow $23,00 Brown Cow $26,00||49.00|
|Ox sled 0,50 Hog-pen $6,25 3 swine $45,00||51.75|
|3 Hives of bees $9,00 bee-house $0.50.. 10 Bush ls Rye $9,00||18.50|
|10 Bushels Corn $7,50 4 Guns & accountrements $15,00||22.50|
|Pigeon Net Fish hooks and Lines $2,00||2.00|
|great and little spinning wheels & Cards $1,00||1.00|
|weaving Apparel $9,00 a pair’ shoes $1,50||10.50|
|1 bed $20,00 one d[itt]o $15,00 bed-stead $.,50||35.50|
|one bed $15,00 one D[itt]o $9,00 8 cotton sheets $10.50||33.50|
|17 cotton & lined sheets $10,50 : 9 woolen D[itt]o $9,00||19.50|
|3 blankets $3,00 7 Coverlids $7,00 4 curtains $2,00||12.00|
|6 pillow cases & 3 napkins $3,00 1 trunk $0,25||3.25|
|1 case drawers $1,50 6 chairs $2,00 2 Demijohns $2,00||5.50|
|7 chairs $1,17 1 Dog. Glass bottles $0,75||1.92|
|1 large glass bottle $0,25 Orton Compositions 6 Volums $6,00||6.25|
|old books $2,00 2 looking-glasses – $1,00||3.00|
|old brass $2,00 Earthenware $1,00||3.00|
|old pewter $4,00 Tinware $1,00 2 brass kettles $5,00||10.00|
|Crockery & Glass ware $2,00 2 pots Honey $4,00||6.00|
|Cheese-press & hooks $1,00 old Lumber in dairy room $2,50||3.50|
|50 lbs Butter $10,00 old Lumber in Kitchen $0,50||10.50|
|amount carried up||513.43|
|[page 2] Amount brought up $513.43|
|50 lbs of Cheese $4,00 Desk Chest & Tables $4,00||8.00|
|1 white chest $1,00 Five dogs shovel & Tongs $3,00||4.00|
|Cranes & trammel $3,00 Iron ware $4,00||7.00|
|Frying pan & Toaster and Gridiron $1,50||1.50|
|Lumber in the cellar $3,00 10 lbs Cider $20,00||23.00|
|150 lbs pork $25,00 80 Bushels of potatoes $20,00||45.00|
|6 silver Tea-spoons & 2 Table d[itt]o $3,00 Rasps files $1,00||4.00|
|one Silver watch $5,00||5.00|
|1 Cask Vinegar $5,||5.00|
|one Note of hand signed by Nath[anie]l Weld $1000,00||1000.00|
|Interest [dated] from May 20th 1817 on s[ai]d Note|
Newton 8th Decm 1817″
Ezra Fuller )
Henry Craft ) Appraisers
Jonathan D Dix)
Jan 13, “The foregoing having been duly returned, and this day exhibited, on oath, by James Fuller – administrator of the estate of the said deceased, as a true and perfect inventory of all the estate of said deceased, that has hitherto cone to his hands, possession, or knowledge; and the said administrator 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 ordered to be recorded.” [signed] James Prescott, J. Prob.
Jan 13, James Fuller files a petition before Judge Prescott “……that it will be more for the benefit of those concerned in the estate of said deceased, that the whole of the personal estate of the deceased, whereof no special disposition hath already been duly made, should be sold at public sale than to hold the said administrator to account for the same, according to the appraisal thereof in the inventory of said estate:
Wherefore said administrator prays that your Honor would order the same to be sold at public sale pursuant to the law in such cases made and provide.” [signed] James Fuller
Jan 13, Judge Prescott then adds his decision. “ …Cambridge………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] James Prescott J. Prob.
Jan 26, James Fuller, administrator, provided the court with the result of the public sale of the Personal Estate of his father, Joshua, item by item and the name of the person who bought each item; the total Sales Value was $1799.77 whereas the Original Value of the Inventory was $1624.93, giving a gain of $174.84.
Jan 15, James Fuller provided the court with the accounting of the estate of his deceased father, Joshua Fuller of Newton. Revenue from the sale of the personal estate $1799.77 plus Interest from the Promissory Note and other items not in the inventory $117.31 for a total of $1917.08
Total debts paid by James Fuller on behalf of the estate were $921.82, leaving a balance of cash in hand of $995.26
This was accepted by the Court in Cambridge [signed] James Prescott J. Prob.
Jan 15, James Fuller made a petition to the court saying that all payments to creditors to the estate have been paid and all revenue received with the result of a net of $995.26 cah in hand. “which is to be distributed to and among the next of kin of said deceased, after paying such charges as may hereafter arise.
It is therefore decreed by me the said Judge, that said admin[istrat]or distribute and pay out the same as follows:” [signed] James Prescott Prob.
Jan 15, Judge Prescott accepts the following distribution of the cash in hand and payments:
|That he retain his own share [James] ……………………………………….||196:00|
|That he pay to Rebecca Fuller ………………………………………………||196:00|
|That he pay to Elija Fuller …………………………………………………..||196:00|
|Children of Intestate|
|That he pay to Henry Jackson…..…………………………………………….||196:00|
|That he pay to Stephen Fuller ………………………………………………..||98:00|
|That he pay to Catherine Fuller ………………………………………………||98:00|
|Grandchildren of said intestate|
|That he (James) retained for future charges, fifteen dolls. 26 cts.||15:26|
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.