Joel Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 23 Oct. 1847
Codicil to the Last Will written, 13 Dec. 1848

Middlesex County Probate Court
Reference: Case Number 32362
Probate, 20 Mar. 1848, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA

(Born 10 Aug. 1786   –    Died 18 Dec. 1848)
(Joel5, Joseph4, Josiah3, Jeremiah2, John1 of Newton)

Transcribed Sept., 2018, by Wayne L. Fuller

 

 

In the Name of God Amen

I Joel Fuller of Newton in the County of Middlesex and Commonwealth of Massachusetts considering the uncertainly of this mortal life and being of sound mind and memory for which blessed be Almighty God. Do make and publish my last Will and Testament in manner and form following that is to say;

First, I give and bequeath to my beloved Wife Sarah Fuller all my personal Estate of every description and the Homestead Farm with all the buildings standing there on to her use and to her disposal after paying all my just and lawful debts.

Second, I give and bequeath to my son David Fuller a certain piece of Woodland situated in Said Newton and formerly known as the Thompson lot, the Corey lot and the White lot containing twenty one acres one quarter and twenty three rods be the same more or less now called the White lot enclosed by a stone wall on all sides except a part of the south side ajoining on land belonging to the Heirs of the late George Stearns deceased.

Third, I give and bequeath to my Daughter in law Eliza J. Fuller a certain piece of woodland containing Seven acres more or less called the Townsend lot it being part of the same lot conveyed by David Townsend of Waltham to David Fuller and Bradshaw Stearns bounded on the North and East by of said Stearns on the South and partly on the West by land of John Lowell and partly on the West by land which I have given to my only son David Fuller and separated by a stone wall the other bounds are all designated by stakes and stones       [page 2]

Fourth, I give and bequeath to my two grandsons Winslow Fuller and Joel H. Fuller a certain piece of Woodland in said Newton situated on the southern side of the Morse Island so called containing four acres more or less to hold the same as tenants in common and if either of them should be removed by death before they arrive at the lawful age then the other to hold the whole of said lot if both should be removed by death before they arrive at lawful age then I bequeath said lot to their mother my Daughter in law Eliza J. Fuller said lot being the same that was conveyed by Col. Josiah Fuller to David Fuller and Bradshaw Stearns recorded at the registor’s office Book 263 Page 512 and I do hereby appoint my beloved Wife sole Executrix to this my last Will and Testament hereby revoking all former Wills by me made.

To witness whereof I have hereunto set my hand and Seal the twenty third day of October in the year of our Lord one thousand eight hundred and forty seven.

Signed Sealed published and delivered
By the above named Joel Fuller to be his
last Will and Testament in the presence
of us who have hereunto subscribed our
names as witnesses in the presence
of the Testator

Joel Fuller [signed] [seal]

[signed]

  1. Henry Smith
  2. Joseph Stone
  3. Capron C. Cook

 

13 December 1848 – Codicil by Joel Fuller

Whereas I Joel Fuller, of Newton in the county of Middlesex and State of Massachusetts, have by my last Will and testament, duly executed and having date, the twenty third day of October A.D. Eighteen and forty seven, given and bequeathed unto my two grand sons, Winslow Fuller & Joel H Fuller a certain five of woodland situated in the said Newton on the southern side of the Mosse Land so called, containing five acres more or less; Now of the said Joel Fuller being desirous of at time the said will in respect to the above Legacy;  do therefore make this codicil to my said last Will & Testament and to be taken as a trust thereof;  I do hereby revoke the said legacy giving to my two grandsons Winslow Fuller and Joel H Fuller the said

Four acers of woodland, and instead thereof, do give and bequeath into them, the said grandsons Winslow Fuller & Joel H Fuller, the sum of two hundred dollars to be subject to the same conditions and restrictions and final distribution as provided for, in the said last Will & testament, in the said legacy of land hereby revoked.

Item  I do hereby authorise and require my beloved Wife, the sole Executrix of said last will & testament, to pay the said two hundred dollars out of any monies or property of my estate which may be at her disposal.

Item  I do hereby ratify and confirm my said last will and testament in every thing except where the same is hereby revoked, and altered as aforesaid.

In witness whereof the said Joel Fuller have hereunto set my hand and seal this thirteenth day of December in the year of our Lord one thousand eight hundred and forty eight.

Joel Fuller [signed] [seal]

Signed, sealed, published, and declared, by the said Joel Fuller as and for a codicil to his last will and Testament and to be taken as part thereof in the presence of us, who at his request, and in his presence, and in the presence of each other, have hereto set our names as witnesses.

Lyman Gilbert [signed]
Joseph Stone [signed]
Henry Smith [signed]

 

Undated – appears to be written by the Judge on the back of the last page of the codicil

We the subscribers, being the widow, son & grandsons  – is all the grandchildren of the within named Joel Fuller, being all persons mentioned in his estate and named in the will referred to in the submitted Codicil   &    also this Codicil shall be treated & established as the last will & testament of his hand    Joel Fuller

Sarah Fuller widow [signed]
David Fuller son [signed]
Eliza J Fuller [signed] [wife of Joel’s son – Henry] Mother of
Winslow & Joel Henry Fuller Grandchildren

 

20 March – Court Allows Will and Codicil for Probate

Commonwealth of Massachusetts

Middlesex ss.  At a Court of Probate, holden at Cambridge   in and for said county, on the twentieth   day of March in the year of our Lord one thousand eight hundred and forty   nine

THE foregoing instrument s , purporting to be the last will and testament  & codicle of  Joel Fuller late of Newton in said county of  Middlesex,   yoeman  deceased, having been duly presented for probate to the Judge of said court by   Sarah Fuller,  the executrix   therein named;   and the heirs at law of the said deceased, having been duly notified of the time and place assigned for taking the same into consideration and having in hereby  committed to the admin[istration] thereof  &  Joseph Stone one credible witness,   

thereto, now appear,  before the Judge of said Court, and makes oath, that he  with two saw the said testator sign, seal, and heard him pronounce, publish, and declare the said instrument s  to be  his  last will and testament, & codicil and that he with two  other credible witness, to each of the two instruments 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   objections being offered, and the evidence touching the premises maturely considered, and all needful inquiries made, it appears to the Judge of said Court, that the said instrument is proved, and ought to be allowed at 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 executrix  above named, in manner and form by law in such case made and provided.

[signed] Sam[ue]l P P Fay        J. Prob.

Countersigned    Isaac Fiske Reg.[istrar]

 

20 Mar 1849 – Bond/Obligation of Executrix

KNOW all Men by these Presents,  that we    Sarah Fuller of Newton of the County of Middlesex, widow,  as principal,  &  David Fuller of the same  Newton, yeoman,  &  Joseph Stone of the said Newton Wheelwright as sureties

and all within the Commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto   Samuel P.P. Fay   Esq.,   Judge of the Probate Court in and for the County of Middlesex, in the full and just sum of Ten thousand dollars, to be paid to 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 presents.  Sealed with our seals. Dated this twentieth Day of March in the year of our Lord one thousand eight hundred and forty nine.

THE Condition of this Present Obligation is such, that

whereas the above bounden   Sarah Fuller  has this day taken upon herself  the trust of executrix of the last will and testament of Joel Fuller  late of Newton in said county of Middlesex   yeoman   deceased, testate, being residuary legatee in said will, has undertaken to pay all the debts and legacies of said testator

Now therefore if the said  Sarah Fuller   or her heirs, executors, or administrators,  or any or either of them, do well and truly pay or cause to be paid all the just debts and legacies of said  testator  and in all matters the same concerning faithfully fulfil the said testators  will and administer his estate according thereunto and render an account of her proceedings thereupon when thereunto lawfully required; then the above written obligation to be void, otherwise to remain in full force. 

Signed, sealed, and delivered in
Presence of
[all signed]                                                                                         Sarah Fuller
I. Fiske [Registrar] &                                                                           David Fuller
D F [David Fuller]                                                                               Joseph Stone

J S  [Joseph Stone]                                                  

 

Middlesex   ss.                                   March 20th                  A. D.  184 9

The above bond is this day examined and approved by

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

 

20 March 1849 – Probate Court sets out Admin and Duties of Executrix 

Commonwealth of Massachusetts

Middlesex ss.     The Hon.    S. P.P. Fay   Esq.,   Judge of the Court of Probate in  and for said county, to all, unto whom these Present shall come,  —- Greeting 

Whereas, by a decree, passed by the Honorable Judge of said Court, holden at Cambridge  in and for said County, in the twentieth   day of March A. D. 1849 the instrument s herunto annexed, purporting to be the last will and testament & codicil of  Joel Fuller late or Newton in the County, deceased, who has while he lived and at the time of his decease, goods, chattels, rights, credits, or estate in said County, was proved, approved, and allowed, as that last will and testament of said deceased, and to have full force and effect as such, and execution thereof committed, and the administration of the estate of said deceased granted to  Sarah  Fuller  the executrix therein named.     

KNOW YE THEREFORE, that the said  S. P.P. Fay   Esq.,   Judge as aforesaid, by virtue of the power and authority in him vested by the laws of the Commonwealth aforesaid, doth hereby accordingly commit the execution thereof, and gran the administration of the estate of said deceased, in all things the same concerning, thereof he died seized and possessed in said Commonwealth, unto  Sarah Fuller the executrix named and appointed in the said will, well and faithfully to execute the dame and to administer the estate of said deceased according thereto, in all thinks pursuant to law; who has accepted of the said trust, and given bond as the law directs, to pay the just debts & Legacies of the deceased  and also to render a just and true account of her  proceedings thereon, upon oath, when thereunto lawfully required.

In testimony whereof the said  S. P.P. Fay   Esq.,   Judge as aforesaid, hath hereunto set his hand and affixed his seal official, this twentieth  day of  March  in the year of our Lord one thousand eight hundred and forty nine

[signed] S. P. P. Fay        J. Prob.

Countersigned    Isaac Fiske Reg.[istrar]

 

Middlesex ss.  At a Court of Probate now holden at Cambridge   within and for said County, on the twentieth   day of March Anno Domini  184 9

I hereby Order Sarah Fuller the executrix of the last will and testament of Joel Fuller  late of Newton in said County, deceased, to make known  the  appointment and acceptance of said trust, by posting notification thereof in said town of  Newton  and also by causing the same to be inserted three weeks successively in the  American Granth  newspaper, printed in  Boston  within three months from this day, and make return if  her  doings hereon to the Probate Office, on oath, within twelve months from the date hereof.

[signed] S. P. P. Fay        J. Prob.

 

Source:

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.