Josiah Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 12 April 1790
Middlesex County Probate Court
Reference: Case Number 8775
Probate, 3 Sept 1793, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 2 Dec. 1710 – Died 10 May 1793)
(Josiah3 , Jeremiah2 , John1 of Newton)
Transcribed by George Symonds Fuller 1959
and Wayne L. Fuller 2016
IN THE NAME OF GOD AMEN, I Josiah Fuller of Newton the County of Middlesex, in the Commonwealth of Massachusetts, Gentleman, being at the present writing hereof of a sound and disposing mind and memory, and desirous while I am so, to set my house in order, do therefore make this my last Will and Testament, in manner and form as followeth, and first of all I commend my soul into the hands of my Gracious Redeemer and body I commit to the dust, by a decent Christian burial, at the discretion of my Executor; and as to my worldly estate, or goods I will and dispose of them (after my just debts and funeral charges being paid) after the following manner Viz:
1. I give and bequeath to Abigail my well beloved wife all my household moveables, and utensils (that shall remain at my decease) that she brought to me by marriage, also two of my Cows, to be at her own disposal; I also give to her the said Abigail, to improve during the time she remains my Widow, the East End of my dwelling house, including the Cellar under it, and the Easterly part of the Kitchen, together with the priviledge of using the Entry ways and Stairways in passing to any part of the said End of the said house, together with the priviledge of going to the well and taking water out of the same, also the improvements during the said term, of one third part of the Barn, on the Westerly End, and about twelve acres of land, that I bought of Capt, Jonathan Fuller, and also the improvement of Eight acres of land, being the North End of the Old Orchard and Old Field, also the improvement of about one acre of meadow land, Lying on the North Side of the Brook, in the River Meadow (so called). I also give to her the said Abigail yearly four cord of firewood brought near to the Door of the house aforesaid, and cut fit for the fire, during the said term, also the use of a horse to ride on to meeting during the said term; to be in lieu of her Dower or third out of my Estate.
WHEREAS my two sons Josiah and Joseph have made a contract, with my consent, and by the said contract, my said son Josiah has received his full share or portion of my Estate, notwithstanding, I give to him the said Josiah the sum of twenty shillings, to be paid to him, by my Executors in two years next after the decease of Abigail my wife aforesaid, in case she outlives me, but in case I outlive her, then to be paid in two years after my decease.
Item I give and bequeath to each of my Daughters here named, viz. Phebe Clark, Abigail Jenks, Anna Williams, Mary Cheney, Thankful Wells, Sussanah Hastings, Martha Stratton, the sum of Eight pounds, one half of the said sum of Eight pounds to be paid to each of them in two years after my decease, the other half of the said Eight pounds to be paid to each of my Daughters aforesaid, in two years next after the decease of Abigail, my wife aforesaid, in case that she outlives me, but in case I outlive her, that then the whole of the said Eight pounds to each of my Daughters aforesaid, in the two years next after my decease; the said Eight pounds to each of my Daughters aforesaid, with what I have heretofore given to them at their marriage to be their full share or portion of my estate.
Item I give and bequeath to my son Joseph Fuller aforesaid and to his heirs and assigns, forever all by buildings and lands, lying in Newton aforesaid and in Cambridge adjacent but not for him to come into the possession of that part of the Real Estate; that I have given the improvement of to my wife aforesaid, so long as she shall remain my Widow, be paying my just debts, funeral charges (and my wife’s funeral charges, in case she outlives me, and deceases my Widow) and also pay all the aforementioned Legacies, he also providing the firewood for her and the horse for her use as before mentioned, (in case she outlives me), I also give to him the said Joseph, all my moveable or personal estate of what kind soever, that I have not in these presents disposed off.
But is case I should outlive my wife aforesaid my Will is that all those household moveables and utensils that my wife aforesaid brought to me at her marriage, that remain at my decease, that I have in these presents given to my wife aforesaid, shall be equally divided amongst all my Daughters before named, in one year next after my Decease, and the two Cows I have in these presents given to my wife aforesaid, I give to my before named son Joseph Fuller.
FURTHERMORE, if any of my before mentioned children should die before the time mentioned in these presents, for the payment of any legacy given to the said child, in that case the child, or children of the Deceased, to hold and Enjoy the legacy that the parent have been entitled to if living.
Finally I do hereby constitute make and ordain my aforesaid son Joseph Fuller to be my sole Executor of this my last Will and Testament, and I do hereby utterly revoke all former Wills Legacies and bequests, ratifying and confirming this, and no other to be my last Will and Testament, IN WITNESS whereof I have hereunto set my hand and seal this twelfth day of April Anno Domini One thousand Seven hundred and Ninety, and in the fourteen year of the Independence of America.
Signed, Sealed pronounced and declared by the
said Josiah Fuller, as his last Will and
Testament in the presence of us the subscribers.
A. Fuller [Abraham]
Amar Fuller [Amariah] [signature] Josiah Fuller
Middlesex County, Cambridge 3 Sept 1793
To all People to whom these Presents shall come Oliver Prescott Esq; Judge of the Probate of Wills &c in the County of Middlesex, within the Commonwealth of Massachusetts, sendeth Greeting.
Know Ye, That on the third Day of September Anno Domini 1793 the Instrument hereunto annexed (purporting the last Will and Testament of Josiah Fuller late of Newton in the said County, Gentleman was presented for Probate by Joseph Fuller the Executor therein named; then present [____paper folded and info missing________] Fuller two of the Witnesses thereto subscribed, who made Oath, that they saw the said Testator Sign & Seal, and heard him declare the said Instrument to be his last Will and Testament, and that they with Abraham Fuller subscribed their Names together as Witnesses to the Execution thereof in the said Testators Presence; and that he was then (to the best of their Judgment) of sound and disposing Mind:
I DO Prove, Approve and Allow of the said Instrument as the last Will and Testament of the before named deceased, and do commit the Administration thereof in all Matters the same concerning, and of his Estate whereof he died seiz’d and possess’d in said County, unto Joseph Fuller the before named Executor well and faithfully to execute the said Will, and to administer the Estate of the said deceased according thereto; who accepted of his said Trust, and gave bond for the payment of debts & Legacies and he shall render an Account (upon Oath) of his Proceedings, when thereunto lawfully required.
IN TESTIMONY whereof I have hereunto set my Hand and Seal of Office, the Day and Year above Written.
[signed] Oliver Prescott
George Symonds Fuller (1886-1959): Fuller Genealogy, 1959
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.