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)
(Joshua4, Joshua3, Jeremiah2, John1of Newton)
Transcribed by Wayne L. Fuller, July 2017
[Note: Lieutenant Joshua Fuller 1747-1817, died intestate (without a Will) and below are his Probate Court Records (transcribed) which in the most part corroborate the information on the immediate family recorded in the Newton vital records and history books as follows:
Wife1 –Catherine Jackson 1747-1777
Henry died young
Joshua III, 1774-1805, m. Hannah Greenwood and had Henry (1773-1777) , Stephan and Catherine
Jacob died young
Moses died young
Wife2 Mary Brewer died 1808
Catherine 1780-about 1808, m. Charles Jackson and had Henry Jackson
Rebecca bap. 1781 – not married
Elijah b. 1782 – not married
Captain James 1784-1850
Uriel died young
Also, the headers with dates prior to each document were inserted by me……. .. W L Fuller]
2 December 1817 Petition to the Court request to appoint an Administrator
To the Honorable James Prescott Esquire, Judge of the Probate &c. in and for the county of Middlesex in the commonwealth of Massachusetts.
The memorial of James Fuller of Newton in said County Gentleman
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 lifetime. That it 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 as well qualified for that trust and eligible to the office of adm[inistra]tor 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. Wherefore your memorialist prays, that your Honor will be pleased to appoint him Administrator as abovedsaid.
And your memorialist, as in duty bound. Will ever pray, &c. [signed] James Fuller
COMMONWEALTH OF MASSACHUSETTS
Middlesex, sc. Cambridge In Probate Court the second day of December A.D. 1817
THE foregoing memorial being read and fully understood, and all needful inquiries made, 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 to said estate of 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, J. Prob.
2 December 1817 Bond/Appointment of Administrator
KNOW all Men by these Presents That we,
James Fuller Gentleman as principal and Henry Craft yeoman and Jonathan D. Dix Gentleman as sureties and all of Newton in the County of Middlesex within the commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto James Prescott Esq[uie]r Judge of the Probate of Wills, and granting administrations within the county of Middlesex in the full Sum of Thirty Thousand dollars in lawful money of said commonwealth, to be paid unto the said James Prescott Esq. his successors in the said office, or assigns; 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, for the whole, firmly by these presents. Sealed with our seals. Dated the Second day of December in the year of our Lord one thousand eight hundred and seventeen.
The condition of this Present obligation is such, That if the above bounden James Fuller, to whom the administrator of the estate of Joshua Fuller late of said Newton, Gentleman deceased intestate has this day been granted & committed in All things the same concerning in manner & forever as the law in such case provides.
do make or cause to be made a true and perfect inventory of all and singular the goods, chattels, rights and credits & legal estate of the said deceased, which have or shall come to the hands, possession or knowledge of the said James Fuller or into the hands and 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 for the aforesaid county of Middlesex at or before the second day of March next ensuing; and the same goods, chattels, rights and credits, and all other the goods, 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 James Fuller or into the hands and possession of any other person or persons for him 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, at or before the second day of December which will be in the year of our Lord, one thousand eight hundred & eighteen.
And all the rest and residue of the said goods, chattels, rights and credits which shall be found remaining upon the said administrator account, (the same being first examined and allowed of by the Judge or Judges, for the time being, of Probate of Wills and granting administrations within the County of Middlesex aforesaid) and shall deliver and pay unto such person or persons respectively, as the said Judge or Judges by his or their decree or sentence pursuant to law shall limit and appoint:
And if it 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 into the court of Probate for the said county of Middlesex making request to have it allowed and approved accordingly; if the said James Fuller within 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 to abide and remain in full force and virtue.
Sealed and Delivered
in Presence of us [all signed] James Fuller
Benjamin Jamison Henry Craft
Polly Craft Jonathan D. Dix
2 December 1817 Appointing Appraisers to take an Inventory of Estate
COMMONWEALTH OF MASSACHUSETTS.
Middlesex ss. The Honorable James Prescott Esq.
Judge of the court of Probate in and for the county of Middlesex aforesaid.
To Henry Craft yeoman , Jonathan D. Dix and Ezra Fuller Gentleman and all of Newton in said County Greeting.
You are hereby appointed and empowered, three suitable persons to take an inventory of all the estate whereof Joshua Fuller late of Newton in said county of Middlesex, Gentleman died seized and possessed in the county of Middlesex and 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 James Prescott Esq. Judge as aforesaid, under his hand and seal official, this second day of December in the year of our Lord one thousand eight hundred and seventeen.
Countersigned, [signed] James Prescott J. Prob
[signed] Isaac Frike Reg[istra]r.
Middlesex ss. December 8th A. D. 1817
THEN the abovenamed Henry Craft Jonathan D. Dix and Ezra Fuller
personally appeared and made oath, that they would faithfully and impartially discharge the trust reposed in them by the foregoing warrant,
Before me, [signed] Nathan Fuller, Justice of the Peace
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|
|Interest [dated] from May 20th 1817 on s[ai]d Note||1000.00|
Newton 8th Decem[ber] 1817
Ezra Fuller )
Henry Craft ) Appraisers
Jonathan D Dix)
COMMONWEALTH OF MASSACHUSETTS.
Middlesex ss. At a Court of Probate, holden at Cambridge in and for said county, the thirteenth day of January A.D. 1818
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.
10 January 1818 Court Order to Sell Personal Estate by Public Sale
COMMONWEALTH OF MASSACHUSETTS. Middlesex, ss.
To James Fuller of Newton in said county administrator of the Estate of Joshua Fuller late of Newton in the said county of Middlesex, gentleman, deceased intestate, GREETING
WHEREAS it hath appeared to the honorable James Prescott, Esquire, Judge of the court of Probate for the county of Middlesex, that it will be most for the benefit of those concerned in the estate of said deceased, that the whole of the personal estate of said deceased, whereof no special disposition hath already been duly made, should be sold: at public sale.
You are therefore hereby directed to make sale of the same at public sale of the same at Public Sale giving public notice of the time and place of the sale seven days at least previous thereto, by posting up notification thereof in two or more public places in the said town of Newton and in two adjoining towns, and to account on oath with the said Judge for the proceeds thereof, as the same shall be sold, and make return hereof with your goings herein, together with a true and perfect account of the said sale, with all convenient speed.
Witness the said James Prescott, Esq. Judge as aforesaid, under his seal official, as Cambridge this thirteenth day of January in the year of our Lord one thousand eight hundred and Eighteen.
[signed] James Prescott J. Prob.
15 January 1819 Administrator Presents his Account (money) to the Court
Commonwealth of Massachusetts
The first account of James Fuller of Newton in the County of Middlesex, gentleman, administrator of the estate of Joshua Fuller late of said Newton, gentleman, deceased, intestate.
|The accountant charges himself with the personal estate of said deceased, which by the inventory thereof duly exhibited into the Probate Office, the 13th day of January, A.D. 1818, amounts to||
|Also with the gain on the sale of the personal estate, at public auction, pursuant to the license thereof; which gain by the account of said sales on file in the Probate Office is||
|Also with divers things, which cane to the said administrator’s knowledge after the taking of said inventory & not included therein which things, as the same were sold at public auction, with their respective values, are stated in said account of sales||
|Also with $60.00, being the interest on the promissory note, made by Nath[anie]l Weld to said intestate, included in said inventory; which sum is the interest for 1 year from May 20th 1817.||
|Also with 8.15 bal. of account received from Henry Craft||
|Also with 39.33, the interest on said note from May 20th 1818 to this 15th day of Jan[uar]y, 1819||
|[Amounts paid out (2 pages not listed here)]||
|Balance in adm[inistrat]or hands now to be distributed||
COMMONWEALTH OF MASSACHUSETTS.
Middlesex ss. At a Court of Probate, holden at Cambridge in and for said county, the fifteen day of January A.D. 1819
HAVING examined and adjusted the foregoing account exhibited by James Fuller
The Adm[inistra]tor above named, and no person appearing to object thereto &c. and
the said Adm[inistrat]or having this day made oath, that said account is just and true, and having seen and fully understood the vouchers and evidence touching the same, and made all needful inquiries relative thereto, it appears to the Judge of said court, that the said account is just and reasonable, and ought to be allowed:
It is therefore decreed by the said Judge now here, that the same be, and it is hereby accordingly approved and allowed, and ordered to be …recorded.
[signed James Prescott J. Prob.
15 January 1819 Court Orders Distribution of funds from the Estate
COMMONWEALTH OF MASSACHUSETTS.
At a Court or Probate holden at Cambridge, within and for the county of Middlesex, on the fifteenth day of January A.D. 1819.
WHEREAS it has appeared to the Hon. James Prescott Esq. Judge of the said Court, from the account of James Fuller this day allowed as Administrator of the estate of Joshua Fuller late of Newton in said county, gentleman deceases intestate, that all the debts and charges already arisen against said estate are fully paid and satisfied, and that a balance still rests in the Administrators hands, amounting to the sum of nine hundred & ninety five dollars & twenty six cents
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 Admi[nistrat]or distribute and pay out the same as follows:
|Children of Intestate||dolls cts.|
|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|
|Grandchildren of said 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|
|That he (James) retained for future charges, fifteen dolls. 26 cts.||15:26|
All which sums amount to the aforesaid balance, and are to be paid to them or to their respective legal representatives.
Witness the said James Prescott Judge as aforesaid, under his hand at the Court aforesaid.
[signed] James Prescott, J Prob.
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.