Jeremiah Fuller of Holden, State of Massachusetts Bay
Petition before the Worcester Probate Court, 18 Nov 1778

Worcester County Probate Court
Reference: Case Number 22644
Final Probate Record, 6 April 1790, County of Worcester,
Commonwealth of Massachusetts, USA

(Born 14 May 1736   -    Died Nov 1778)
(Jeremiah4, Thomas3, Jeremiah2, John1of Newton)

Transcribed by Wayne L. Fuller, July 2017

 

[Note: Jeremiah 1736-1778, died intestate (without a Will) and below are his Probate Court Records (transcribed).  We can learn many facts about the immediate family of Jeremiah Fuller 1736-1778  through these probate records. We know the names and birth dates of his children from the Vital Records of Holden, Worcester, MA, USA, listed below. All of the children would have been under 21 years old when their father died and therefore it is not surprising that they are not named in these Probate Records. However, their son Thomas has a separate Guardian case in the Probate Court and we know that Hannah was married in 1826. It could mean that some of the other children were not alive when their father died in 1778, or we lost track of them as they moved to Worcester County.

Wife was Sarah (Robinson) Fuller 1744- d. about 1807; She married Judah Mayo in 1780  in Holden, Worchester and in 1784 they were living in Rutland, Worcester.

Children:
Elizabeth b. 1759
Sarah b. 1760
Hannah b. 1762-1840  married Silas Walker in 1826 in Holden
Thomas b. 1764 – Guardian Petition was granted and Bond posted at the Probate Court 4 July,  1780, however the guardian, Elisha Minik did not sign any of Jeremiah’s Probate Records.

Isaac b. 1766
Beulah b. 1768
Rachel b. 1770
Nathan b. 1771
Jeremiah Jr. b. 1774
Beulah b. 1779
Also the headers with dates prior to each document were inserted by me……. .. W L Fuller]

 

 

18 November, 1778  Bond of Administrator

KNOW all Men by these Presents That we, Sarah Fuller widow, Phinias Everitt [sic] yeoman, Ignatius Goulding housewright of Holden in the County of Worcester and Nathan Fuller Esq. of Newton [may be Jeremiah’s brother]in the County of Middlesex  within the State of Massachusetts-Bay in New-England, are holden and stand firmly bound and obliged unto Levi Lincoln E/q [Esq.]   Judge of the Probate of Wills, and granting Administrations within the County of Worcester,  in the full and just Sum of One Thousand Pounds, Lawful Money of the said State, to be paid unto the said  Levi   his Successors in the said Office, or Assigns: To the true Payment whereof, we bind our selves, and each of us, our, and each of our Heirs, Executors, and Administrators, jointly and severally for the Whole and in the Whole. firmly by these Presents.

Sealed with our Seals. Dated the Eighteenth  Day of November Anno Domini, One Thousand Seven Hundred and  Seventy Eight.

THE Condition of this Present Obligation is such, That if the above bounden Sarah Fuller widow and Ebenezer[s/b Phineas] Everett who have taken upon themselves the office of and are appointed Administrators on the Estate of Jeremiah Fuller late of Holden aforesaid deceased;   

do make or cause to be made a true and perfect Inventory of all and singular the Goods, Chattels, Rights and Credits of the said deceased, which have or shall come to the Hands, Possession or Knowledge of   them   the said Sarah & Ebenezer [s/b Phineas] or into the Hands and Possession of any other Person or Persons for them  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   Worcester   at or before the  Eighteen   Day of  February   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 Administrators  or into the Hands and Possession of any other Person or Persons for  them  do well and truly Administer according to Law:

And further do make, or cause to be made a just and true Account of  their  said Administration upon Oath, at or before the   Eighteen    Day of  November   which will be in the Year of our Lord, One Thousand Seven Hundred and Seventy Nine  and all the Rest and Residue of the said Goods, Chattels Rights and Credits which shall be found remaining upon the said Administrators 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 Worcester aforesaid) and they   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 is 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 Worcester,   making Request to have it allowed and approved accordingly; if the said Administrators   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   [all signed]                                     Sarah X Fuller (her mark)
Samuel Whitney                                                         Phinehas  Everett
Dan[ie]l Bigelow                                                         Ignatius Goulding
Nathan Fuller
(Vol 216 Page 376)

 

 

25 Nov. 1778  Administrator’s Oath

Worcester ss:   Nov. 25, 1778

Personally came the within names persons & made Solemn Oath that in Executing the within Commission they would act faithfully accordingly to the best of their Judgment

[singned]     Coram [in the presence of]           John Child, Just[ice] [of the] Paiece [sic]

 

 

1 December 1778  Inventory  

We the Subscribers being appointed by the Hon. Levi Lincoln Esq. Judge of Probate for the County of Worcester to apprize the Estate of Jeremiah Fuller Late of Holden Deceased. We have prized Said Estate in the manner Following (Viz).

Real Estate                                                                                                                      £    S  P

[Total – no detail]  1100 — 0
Personal Estate
Carpenter Tools      24 13 0
1 Horse £15 a cow £20. two heifers £34 four sheep £9.12S      78 12 0
4 Small Swine £6 Saddle & Bridle £2 a Plow £14      14 00 0
Rings and wedges & other small articled         £ S        2 15 0
4 old axes £4.6S addze Bullet mole & other Small articles £3.1S        7 07 0
3 Plow chains £6 one iron Bar £4 thore Bell & other articles £6.16S      16 16 0
1 Iron Harrow £7 old barrils and other wooden lumber £9      16 00 0
Box Iron grid iron and Toft Iron        1 15 0
Wearing Apparel      15 08 0
3 Chests £7.5S Three Beds and Bedding £42.4S six Chairs 3 tubs £3.12S      53 01 0
Warming pan and other articles £15.5S      15 05 0
Crain & toramal & other articles £6-19S Kettle & Sythe £4 9S      11 08 0
a Bottles & other articles £1.8S Putter Dishes and other articles £9-9S      10 17 0
other Col[lection]  from Rakes        0 06 0
[minus Real Estate]  1369 14 0 1100 — 0
                                                        Personal     269 14 0

Holden Decm. 1. 1778”

[Signatures]
David Fisk      )
John Abbot     )    Appraisers
Jason Glezen  )

Worcester ss:  June 6, 1780

Then personally appeared Sarah Fuller & Phineas Everet Administrators on the Estate of Jeremiah Fuller late of Holden de[cease]d & made solemn Oath that the foregoing contains a Just, true perfect Inventory of all the Estate of the afores[ai]d Jeremiah Fuller that hath com to their knowledge, & that if any thing further should appear they would cause the same to be added.  ….. [signed]  Coram         Levi Lincoln J Prob.  

 

 

6 June 1780  Administrator’s Account (of the Money)

Worcester ss:

The Account of  Sarah Fuller & Phineas Everet, Administrators on the Estate of Jeremiah Fuller late of Holden in said County deceased.

The said Accountants charge themselves with the sum of the Inventory of the personal Estate said deceased [set] forth to this sixth day of June A.D. 1780.

Amounting to the sum of £269.14.00
And the further some of £3. Being what apart of the personal Estate sold for more than the appraised at 3.00.00
[Total] £272.14.00
[Total paid out] £78.00.01
Balance due £194.13.11

 

Worchester ss: June 6th 1780

Then personally appeared Sarah Fuller & Phineas Everett, Administrators as above said, & made Solemn Oath to the truth of the foregoing amount & produced vouchers for the payments therein contained.   I allow thereof by which it appears that they have a balance in their hand to the amount of £194.13.11 which they are still to account for.

[singed] Levi Lincoln J Prob.

 

 

[Note:  Aug 3, 1780  Sarah Fuller widow, married Judah Mayo in Holden, Worcester County, MA]

 

Not dated - Petition to the Court regarding the Real Estate

The Commonwealth of Massachusetts    To the Honorable Senate & House of Representatives in the General Court Assembled

The Petition of Sarah Mayo Late Fuller and Phinehas Everett appointed by the Hon[ora]ble the judge of the Probates for the County of Worcester Administrators to the Estate of Jeremiah Fuller Late of Holden in the Said County Deceased

Humbly showeth

That the Estate of the said Deceased is greatly in Debt Which Cannot be Discharged but by Selling a part or the whole of the Real Estate — the Personal [personal inventory] Being altogether Insufficient       therinfor

That the Selling Such a part of the said Estate as in Sufficient to satisfy said Debts we apprehend would greatly Disserve  the Interest of the Heirs & Prevent the sale of the Remainder to Profit when they Come of age

Your Petitioners theirfore Humbly Pray

That the Hon[ora]ble Court would Order that the whole of said Real Estate be allowed to be sold and grant relief in such way as in your Wisdom shall think fit and as in Duty Bound

[Signed]

Sarah Mayo (her Mark)    ) Administrators
Phinehas Everett                 )

J Child                      )
Josiah Stratton       )  Select Men
William Rehall      )  Holden
Elisha Hubbard    )
Sam[ue]l Thomson )

 

 

6 April 1784 Bond for the Sale of Land

KNOW all Men by these Presents That we, Judah Mayo, Sarah Mayo & Phinehas Everett all of  Rutland    in the County of  Worcester Administrators on the Estate of Jeremiah Fuller of Holden in the Said County Deceased as principles and Windsor Goulding & John Winch yeoman of Holden as Sureties are  holden and stand firmly bound & obliged to the Honorable Joseph Dor  Judge of Probate for said County & his successors in said office in the full & Just Sum of Two Hundred and forty pounds to be paid to the said Joseph or his successors in the office of Judge of probate to the which [sic] paiment [sic] well & truly to be made we & each of us bind ourselves our heirs  executors, and administrators firmly by these presents sealed with our seals dated this Sixth  day of  April  in the year of our Lord one thousand seven hundred &  Eighty four.

The condition of this obligation is such that whereas the said Judah Sarah & Phinehas have obtained an order from the Justice of the Court of Commission pleas holden at Worcester in said County on the last tuesday of March last past authorising & impowering them to sell the whole real Estate of the said Jeremiah Fuller now the Condition of this obligation is such (2) that if the said Judah Sarah & Phinehas in the Sale of said Estate shall well observe the rules & directions of the Law for the sale of Real Estate by Executors or Administrators, & shall well & truly put on interest as good surety.  The proceeds of said sale, after the paiment of just debts & Legacies, taxes & just debts for the support of minors, & other Legal &c.items. & dispose of the same agreeable to those rules of Law then this obligation to be void & of none effects otherwise to be & remain in full force & virtue in witness who have hereunto fix our hands & seals the day of the date aforesaid.

The words “put on interest as good surety”  inserted  before sealing.

Signed Sealed and Delivered
in Presence of [all signed]                                                      Judah Mayo
James Wallis                                                                                Sarah Mayo
Joseph Wheeler                                                                          Phineas Everett
(Vol 220 Page 230 – 1784)

 

 

6 April 1790  Administrator’s Final Account

Worcester ss:    The further account of Phineas Everett & Sarah Mayo Adm[inistrator]s on the Estate of Jeremiah Fuller late of Holden in said County Deceased. The said Accountants charge themselves with the balance of their account settled in the probate office June 6th 1780:

consisting of [net] personal Estate, according to the appraised £194.13.11
Also 3 years rent for the real Estate 9.00.00
Also with the proceeds of the sale of the real estate by order of the court 118.01.00
Also with the interest on said sum 22.11.04:.75
[:.75=3/4 of a penny] £344.06.03:.75
[Listing of amounts paid out – not shown here] [332.07.11]
11.18.04
Deducted from the Real Estate being £149.12.11:.75 leaving due to Admin.
To be paid out of the balance of the Personal Estate being reduced by the sale is 32.09.00
[Net] £20.10.08
Paid to Nathan Fuller £  6..8.  Reduced as aforesaid is 21/4 1.01.04
Bal[anc]e £19.09.04

 

Worcester ss: April 6 1790

Personally appeared Phineas Everett one of the Adm[inistrator]s as appraised & made Solemn Oath to the truth of the above amount & produced vouchers for the payments therein contained; I allow these whereby it appears as the Adm[inistrator]s have a balance in their hands the sum of £19.09.04 the greater part of which consists of a public Surity & the remainder in other personal Estate which I order them to Deliver to the widow of said Deceased for her use and upon so doing they are Discharged

[signed]     Jospeh Wheeler Reg[istrar]

By order of the Hon[orable] Judge

[Note at the bottom of the page]  To Phineas Everett according to appraisal £78 –

 

 

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.