James Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 27 Nov 1849
Middlesex County Probate Court
Reference: Case Number 32361
Probate, 3 Sept 1850, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 6 Aug 1784 – Died 6 Aug 1850)
(James5 , Joshua4, Joshua3, Jeremiah2, John1 of Newton)
Transcribed January, 2017, by Wayne L. Fuller
In the Name of God Amen.
I James Fuller of Newton in the County of Middlesex & State [sic] of Massachusetts, considering the uncertainty of this mortal life and being of sound mind & memory, do publish and declare this my last will & Testament as follows Viz.
first I give and bequeath to my Daughter Mary B. Dix wife of Samuel F. Dix and to my Son James G Fuller, each the sum of one hundred dollars.
Second all the remainder of my estate whether real, personal of reversionary after paying the aforesaid Legacies, together with my debts & funeral charges, I give bequeath and devise as follows Viz. to my beloved wife Beulah I give and bequeath the use and improvement of the same during her natural Life and at her decease my will is that the whole of the estate be equally divided between my aforesaid Daughter Mary B. Dix and my son James G Fuller & in the case if either my aforesaid Daughter or Son or both of them should die before the decease of my wife, the said estate to be divided between the children of them the said Mary B, Dix & the said James G. Fuller.
Third I hereby appoint my aforesaid Son James G. Fuller the executor of this my last will and testament.
In witness whereof I have hereunto set my hand & seal this twenty seventh say of November in the year of our Lord one thousand eight-hundred & forty nine.
Signed & sealed in the presence of us and of each other who were requested by the Testator to be witness to this instrument which was declared by the said James Fuller to be his last will and Testament at the time of signing same
[Signatures] James Fuller [Signature]
Capron C, Cook
Probate: Commonwealth of Massachusetts, 3 Sept, 1850
Middlesex ss. At a Court of Probate, holden at Cambridge in the said County on the third day of September in the year of our Lord one thousand eight hundred and fifty
The foregoing instrument, purported to be the last will and the last Will and Testament of James Fuller late of Newton in the said County of Middlesex, Yeoman deceased, having been duly presented for probate to the Judge of said Court, by James G. Fuller the Executor therein named; and the heirs at law of said deceased, having been duly notified of the time and place assigned for taking the same into consideration naming in writing witnessed to the Probate thereof & Joseph Stone credible witness thereto, now appears before the Judge of said Court, and makes Oath, that he saw the said Testator Sign, Seal and heard him pronounce, publish and declare the said Instrument to be his last will and testament, and that he with Seth Davis & Capron C. Cook, his other credible witness[es,] then also present, who are now absent at the same time attested the same, and subscribed their names together, as witnesses, in the presence of the said testator and at his request, and that he was then, according to the best of their discernment, of sane mind and sound and disposing memory.
Whereupon, no objection being offered, and the evidence touching the premises maturely considered, and all needful inquiries name, it appears to the Judge of said Court, that the said instrument is proved, and ought to be allowed as the last will and testament of said deceased.
It is therefore DECREED by the said Judge, that the same be approved, allowed, established, and recorded, and have full force and effect as such accordingly, and that the execution thereof be committed and the administration of the estate of said deceased granted to the executor above named, in manner and form by law in such case made and provided.
[Signature] S.P.P. Fay J. Prob.
Countersigned, Isaac Fiske [Signature]
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.