Daniel Fuller of Newton, Commonwealth of Massachusetts, USA
Probate Court Appoint Administrator, 9 June 1796
Middlesex County Probate Court
Reference: Case Number 8724
Final Probate, 5 April 1797, Middlesex County,
Province of Massachusetts Bay, New England
(Born 13 Aug 1732 – Died 22 Sept 1786)
(Daniel4, Jonathan3, John Jr2, John1 of Newton)
Transcribed Dec, 2017, by
Diana Spelman, Norwich, Norfolk, UK
Compiled by W L Fuller
[Note: Daniel Fuller 1732-1786, died intestate (without a Will) and below are his Probate Court Records (transcribed) which reveal information about the family.
Wife was Lydia Fuller 1737-1806 – [Lydia and Daniel were second cousins]
Isaac, 1756 –1771
Grace, 1758 –
Miriam, 1759 – 1796, Married 1795 George Ellis of Medford b. 1763
Lydia, 1752 – 1802, bur. West Parish Burying Ground
Lucy, 1763 –
Jemima, 1765 – 1798, Married Ebenezer Hadley, Dummerston, Vermont
Nancy, 1767 – Married Benjamin Whitney 1794, in Westminster, Worcester, MA
Daniel Jr., – Baptised 1784 –
The bold headers with dates prior to each document were inserted by me……… W L Fuller]
9 June 1796 – wife declines role of Administrator of the Estate
Middlesex &c 9 June 1796
To the Judge of the Probate of Wills &c for said County
It is some years since my late Husband Daniel Fuller late of Newton in said County deceased & he left but a Small Estate which was under Mortgage I therefore decline taking adm[inistra]con thereon; We therefore desire that M[iste]r Joshua Jackson Jun[ior] of said Newton may be appointed the adm[inistrat]or
Lydia Fuller [signed]
John Dural John Fuller [signed]
9 June 1796 – Bond / Appointment of an Administrator
KNOW all Men by these Presents, That we
Joshua Jackson Jun[ior] as principal, John Duvall & John Fuller as sureties, all yeomen and of Newton in the County of Middlesex &c
within the Commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto Oliver Prescott Esq[uire] Judge of Probate of Wills, and granting Administration 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 Oliver Prescott 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 and in the whole, firmly by these Presents. Sealed with our Seals. Dated the ninth Day of June in the Year of our Lord One Thousand Seven Hundred and Ninety Six
THE Condition of this Present Obligation is such,
That if the above-bounden Joshua Jackson Jun[ior] who is appointed adm[inistrat]or of the Estate of Daniel Fuller late of Newton aforesaid Husbandman intestate 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 the said Adm[inistrat]or 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 said County of Middlesex at or before the ninth Day of September 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 Adm[inistrat]or or to 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 Accompt of his said Administration upon Oath, at or before the ninth Day of June which will be in the Year of our Lord, One Thousand Seven Hundred and Ninety seven And all the Rest and Residue of the said Goods, Chattels, Rights and Credits, which shall be found remaining upon the said Administrator Accompt, (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 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 Middlesex making Request to have it allowed and approved accordingly: if the said Adm[inistrar]or 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.
Joshua Jackson Jun[io]r
Sealed and Delivered
in Presence of us, John Duval
Sam[ue]l Dana John Fuller
9 June 1796 – Warrant / Court Appoints Inventory Committee
Commonwealth ) Middlesex ss.
To Smith Adams & Roger Adams both of Newton & James Robbins of Watertown all yeomen &
[marginal note: Paid] in the County aforesaid, Greeting.
YOU are hereby appointed and impowered to take an Inventory of, and (according to your best Skill and Judgment) truly and justly to apprize (in Lawful Money of this Commonwealth) all the Estate whereof Daniel Fuller Husbandman late of said Newton dec[ease]d died seized, in the aforesaid County; and you are to make Return of this Warrant, with your Doings thereon, unto the Probate Office, in the same County, within three Months from the Date hereof.
Given under my Hand this Ninth Day of June A.D. 1796. Oliver Prescott J: prob
Sworn before me John Remington
Justice of the peace September 5th 1796
5 Oct 1796 – Warrant / Court Appoints Real Estate Appraisers
To Abner Sanderson Esq[uie]r of Waltham, Nathan Fuller Esq[uie]r & Joshua Fuller Gentleman both of Newton & all within the County of Middlesex &c
of the Commonwealth of Massachusetts, and sufficient Freeholders, Greeting.
Pursuant to the Power and Authority to me given in and by the Laws of the said Commonwealth, I do hereby authorize and appoint you the above-named three Persons a Committee to apprize all the Real Estate whereof Daniel Fuller late of Newton in the said County Husbandman deceased, Intestate, died seiz’d and possess’d (in said Commonwealth) in his own proper Right in Fee Simple; & Severe the same where it lieth in Common with Stephen Cook
Each Piece and Parcel by itself, with their Names of Distinction, Buts and Bounds, and Number of Acres, at the present true Value thereof in Lawful Money, all in Words at length.
…ti .58 pd
awus .50 –
D. 2.33 p[ai]d
When you go about your Work, let all Parties concerned have Notice; and if any Dispute arise about the Quantity of any Parcel of Land, you may procure an Artist for the Survey thereof; and if all said Parties are satisfied with your Proceedings, let them signify the same by Countersigning.
Finally, Seal up this Commission, with your Doings thereof, and return the same, with all convenient Speed, into the Register’s Office of Probate, by some or one of yourselves.
Given under my Hand and Seal of Office this fifth Day of October in the Year of our Lord One Thousand Seven Hundred and Ninety Six
Oliver Prescott J Prob[ate] [signed]
Col. [Nathan] Fuller
sworn before me James Winthrop Just[ice] peace
sworn before me Nathan Fuller Just[ice] peace
Middleton Novr 1st 1796
Abner Sanderson Esq[uie]r within named
is duly sworn to the faithful performance
of the trust reposed in him by the within
before Wm Fisk J. peace
5 Oct 1796 – Court Accepts Declaration of Administrator
Commonwealth of Massachusetts, Middlesex, &c.
I, Joshua Jackson Jun[ior] of Newton in the County of Middlesex adm[inistrat]or of the Estate of Daniel Fuller late of Newton in said County of Middlesex, Husbandman deceased, intestate, do testify and say, that in pursuance of the Directions of the Honorable Oliver Prescott Esq[uire]; Judge of Probate, &c. for said County, dated the ninth Day of June 1796. I did within three Months from said ninth Day of June viz. on the Twenty Eighth Day of July post in a public Place in said Newton a Notification of my Appointment to and Acceptance of said Trust:
And I do further testify that I did within the said three Months cause the same to be inserted three Weeks successively in the News Paper printed by Adams & Larkin at Boston beginning on the first Day of August 1796. And that the following is a true Copy of the Notification posted and published as aforesaid, Vi[delice]t.
“All persons that have any demand upon, on that are Indebted to the Estate of Daniel Fuller
late of Newton in the County of Middlesex dec[ease]d are requested to apply for Settlement to,
Joshua Jackson jun[ior] adm[inistrat]or
Newton July 28th 1796″
And further I say not. Joshua Jackson Jun[ior]
Middlesex, &c Cambridge in Probate Court, 5 October 1796
Personally appeared the above-named Joshua Jackson Jun[ior] and being duly cautioned to relate the whole Truth, made solemn Oath that the foregoing Affidavit by him subscribed contains the Truth the whole Truth and Nothing but the Truth, relative to the Transaction therein mentioned; and it being taken within the Time limited by Law, to perpetuate the Remembrance of the Thing, I order that it be recorded.
Oliver Prescott J. Prob.
5 Oct 1796 – Inventory Presented to the Court
An Inventory of the estate of Daniel Fuller late of Newton, yeoman, deceased, as Shewn us by the Admi[inistrato]r & apprised by us the Subscribers this 5th September 1796 Vi[delice]t
A House Barn & one Moiety of fourteen )
Acres of Land, being undivided & in ) $250.00
Common with Stephen Cook )
Personal Estate Vi[delice]t
one bed & beding 19$ 19.00
Shovel & Tongs 1; Case of Draws 2 3.00
old Pewter 1; Warming pan 0.50 1.50
Cloath Baskett 0.25, Breadtrough 0.25 0.50
two Iron Tramels 2; 2.00
Roger Adams )
Smith Adams ) apprisers [signed]
Middlesex &c Cambridge in Probate Courts 5 October AD 1796.
Exhibited on oath by Joshua Jackson ju[nio]r the adm[inistrat]or before me,
Oliver Prescott J prob:
2 Nov 1796 – Court Accepts Appraisal Report of Real Estate
To the Honorable Oliver Prescott Esq[uie]r Judge of Probate for the County of Middlesex
S[i]r in Observence of Your Honest Commission hereto annexed we have severed the Estate of Daniel Fuller late of Newton deceas[e]d from that of Stephen Cook, by a line running from the end of a Ditch at Sherburn road in said Newton southerly with said Ditch to an other Ditch in a swamp, thence southerly to a Black Oak Tree marked then keeping the same Course till it strikes the land of the said Stephen Cook having thus severed the land of the Daniel from that of the said Stephen the land of the said Daniel Containing about six acres with a small Dwelling House & barn thereon and is bounded Westerly by the above described line Northerly by said Sherburn road Easterly and Southerly by Land of the said Stephen which we apprize at two hundred Dollars dollars: 200.00
all which is humbly Submitted
We the Subscribers have seen Abner Sanderson )
the above described line that Nathan Fuller ) Commiss[ioner]s [signed]
severs the land of the said Daniel Joshua Fuller )
from that of the said Stephen
and are fully satisfied therewith
Joshua Jackson Jur’ Admin[istrato]r [signed]
Middlesex &c Cambridge in Probate Court 2d Nov[embe]r AD 1796 I accept of this report & order that it be recorded. Oliver Prescott J prob[ate] [signed]
2 Nov 1796 – Court Accepts the List of Debts and Certifies Real Estate for Sale
To the Hon, Oliver Prescott Esquire Judge of Probate & in & for the County of Middlesex, 5th Oct, 1796
The following is a true list of debts (according to the best of my knowledge) against the estate of Daniel Fuller late of Newton yeoman deceased Vi[delice]t
To Capt. Joseph Fuller £133.34
To William Hunt Esq[ui]re 8.74
Personal Estate Dollars 26.00
Real by last appraisal 200.00
Cambridge in Probate Court, 2 Nov. 1796,
Joshua Jackson Ju[nio]r the Adm[inistra]tor having made oath to the foregoing list of debts before me, I order that it be filed & certified for sale of the Real Estate
[signed] Oliver Prescott J. prob.
26 Dec 1796 – Bond / Court Orders the Sale of Part of Real Estate
KNOW all Men by these Presents, That we
Joshua Jackson, yeoman, as principal, Nathan Fuller Esq[uire], as surety, both of Newton, & John Brown of Cambridge Esq[uire], as surety, all of the County of Middlesex & Commonwealth of Massachusetts
are holden and stand firmly bound and obliged unto Oliver Prescott Esq[uire], his Successors or Assigns, in the full Sum of Thirty Thousand Dollars Pounds unto the said Oliver Prescott Esq[uire],his Successors or Assigns, in the Office of Judge of the Probate of Wills, and for granting Letters of Administration on the Estates of Persons deceased, in the said County of Middlesex, To the true Payment whereof, we jointly and severally bind ourselves, and our several and respective Heirs, Executors, and Administrators, firmly by these Presents. Sealed with our Seals. Dated the twenty Sixth Day of December in the Year of our LORD One Thousand Seven Hundred and Ninety Six
THE Condition of this above-written Obligation is such,
That whereas the above-bounden Joshua Jackson in his Capacity of Administrator of the estate of Daniel Fuller late of Newton in said County yeoman deceased, intestate, at the Court of Common Pleas holden at Cambridge within and for the said County, on the last Tuesday in November last, ˄by adjournment ˄obtained Licence to make Sale of a Part of the real Estate of said deceased, in order to discharge his just Debts
NOW therefore, if the said Joshua shall in all Things relating to such Sale govern himself by the Laws of said Commonwealth, so that the Interest of all Creditors and Heirs shall be best secured, and moreover shall well and truly apply to the Proceeds of such Sale (or so much thereof as shall be necessary) for the Purpose aforesaid, and for the Overplus (if any be) shall be responsible to the lawful Heirs or Legatees of the said deceased, and thereof, and of his whole Proceedings in the Premises, shall render (upon Oath) a just and true Account to the Judge of Probate, for the Time being, of the same County, when and so often as he shall be thereunto lawfully required:
Then the above-written Obligation to be void, otherwise to abide in full Force and Virtue.
One word being first erased & two words inserted Joshua Jackson jun[ior]
Sealed and Delivered
in Presence of John Brown
Middlesex &c Cambridge 26 Dec[embe]r AD 1796
personally appeared Joshua Jackson & took the oath prescribed by a law passed 9 March 1784 for persons selling land by leave of Court. Before me Nathan Fuller Justice of peace
5 April 1797 – Administrator Presents the Court with his Account (of the money)
The account of Joshua Jackson Jun[io]r Administrator of the Estate of Daniel Fuller late of Newton Yeoman deceased Vi[delice]t
The said Adm[inistrato]r chargeth himself with the last Inventory of the personal Estate
|The said Adm[inistrato]r chargeth himself with the last Inventory of the personal Estate||$26.00|
|D[itt]o the rent of the real estate 9 months||15.75|
|By Sale of the real estate to Stephan Cook||202.00|
|D[itt]o of Ab[raha]m Fuller Esq 36/8 of W[ilia]m Fuller 13.3.0||14.19.08|
|A Noot [note] against Wil[lia]m Fuller wich is Du[e]||27.03.04|
|The said Adm[inistrato]r prays a allowances of the following Discharges: Vi[delice]t|
|paid to Capt. Joseph Fuller||142.89|
|I allow the widow for her nursary support [Judge wrote]||26.00|
|Other estate settlements||73.70|
|Balance in Administrator’s hand assigned to the Widow’s support||1.16|
Cambridge in Probate Court, 5 April AD 1797,
Having examined this account, seen the vouchers, sworn the administrator, Joshua Jackson J[unio]r .
I allow there of & order that it be recorded.
[signed] Oliver 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