Jonathan Fuller of Newton, Province of Massachusetts Bay, New England
Last Will written, 26 September 1764
Middlesex County Probate  Court
Reference: Case Number 8757
Probate, 18 December, 1764, Cambridge, Middlesex,
Province of Massachusetts Bay, New England

(Born 7 July, 1686   -    Died 1 December, 1764)
(Jonathan3, Joseph2, John1 of Newton)

Transcribed July 2016 by
Diana Spelman, Norwich, Norfolk, UK
(Some words bolded or underlined by transcriber)

 

In the Name of God Amen the Twenty Sixth Day of September Annoque Domini One  Thousand seven Hundred and Fifty Nine   I Jonathan Fuller of Newtown in the County of Middlese[x] in His Majesty’s Province of the Massachusets-Bay in New-England Gentleman, being under Bodyly Infirmaties but of Perfect mind and Memory thanks be Given unto God, and Calling to mind the Mortality of my Body and [(struck out0 Calling] Knowing it is appointed for men once to Die do make and ordain this my last Will and Testament, that is to Say. Principally and first of all I Give and Recommend my soul into the hand of God who gave it hopeing through the Merits and Satisfaction of my Saviour Jesus Christ to have free and full Pardon and forgiveness of all my Sins and to Inherit Eternal Life, and my Body I Commit to the Earth to be Decently Buried at the Discretion of my Executor hereafter named, Nothing Doubting but at the General Resurrection I Shall Recieve the Same again by the mighty power of God, and as Touching Such Worldly Estate wherewith it hath pleased God to bless me in this Life I give Demise and Dispose of the same in the following maner and form vi[delice]t

First I Will that all those Debts and Dutyes that I do owe in Right or Conscience to any maner of Person or Persons whatsoever as also the Charge of my Funeral and the Settlement of my Estate Shall be well and truly paid or ordained to be paid out of my Estate in Conveniant time after my Decease by my Executors hereafter named.

Itt[em] I Give and bequeath unto Sarah my beloved Wife the use and Improvement of the Westerly End of my Dwelling House and my Kitchen and the little Seller under the Easterly End of my Dwelling House with the Privilidge of Convenient yard Room for her use So long as She Shall Remain my Widdow; also I Give her the use and Improvement of all my Household furniture (Excepting what I shall in this my last will and Testament other ways Dispose of) So long as She Shall Remain my Widow; also I Give her Seven Pounds in Lawfull                                                                                                                 (money)

money a year and Every year So long as She Shall Remain myWidow and to be paid her by my Executors here after named in Equal Proportion between them, also I Give her Eight Cords of Wood Cut and fit for her Fire and laid at her Door a year and Every year So long as She Shall Remain my Widow and to be performed by my Executors hereafter named Equally between them; also I Give her the use and Improvement [of one] Horse as She Shall or may have occasion So long as She Shall Remain my Widdow, Said Hose to be kept winter and Summer by my Son Edward Fuller; also I Give her one Cow Such as She Shall Choose, Said Cow to be kept Winter and Summer by my said Son Edward Fuller; also my Will is that if my said Wife Shall Marry again She Shall have at her Disposal one third part of my Household furniture that She is to have the use and Improvement of so long as She Shall Remain my Widow

Itt[em] I Give and Bequeath unto my Son Jonathan Fuller and to his Heirs and Assigns for Ever Fifteen Acres of Woodland lying on the Southerly End of my lot lying on the Westerly End of the Farm

Itt[em] I Give and Bequeath unto my Son Elisha Fuller and to his Heirs and Assigns for ever about Five Acres of Land be the Same more or less being all the Land that I have that Joyns to my Said Son Elisha’s land

Itt[em] I Give and  bequeath to my  Son Amariah Fuller and to his Heirs and Assigns forever Twelve Acres of Woodlad lying in the Farm lot and adjoyning to the woodland that I have given to my Son Jonathan by this Instrument; also I Give to him his Heirs and Assigns for ever Eight Acres of Wood land and Meddow land lying at the Meddow Called the Farm Meddow; also I Give to him and to his Heirs and Assigns forever one Moiety [part] or half part of my Land that lieth between his Land and the land of Mr Oaks Angier and he to take the Westerly half part; also I Give to him his Heirs and  Assigns for Ever two Acres of Marsh land and upland lying in Cambridge being my upper lot; also I Give to him his Heirs and Assigns for Ever my Desk and one moity or half part of my Weaving Loomb and one half part of the Tackling belonging thereto.

Itt[em] I Give and Bequeath unto my Son Edward Fuller and to his Heirs and                                       (Assigns)

Assigns forever my Dwelling House, Barn, Shop and all my other Housing but not to come into the Improvement of that part of my House that my Wife is to have the Improvement of So long as She Shall Remain my Widdow, and at her Marriage or Death which Ever is first then my said Son Edward Shall Come into the Possession of the ____ of my Dwelling House; also I Give and bequeath unto my said Son [Edward} and to his Heirs and Assigns for Ever all my homestead Co[sisting of] Forty Four Acres of Land be the same more or less; also I give to him his Heirs and Assigns for Ever about Ten Acres of Pasture Land Called the uper River Pasture; also I Give and bequeath unto him his heirs and Assigns for Ever Ten Acres of Woodland lying in the Farm lot Joyning on the Northerly Side of the Land that I have  by their Instrument given to my Son Amariah; also I Give and bequeath unto my said Son Edward and to his Heirs and Assigns for ever the Easterly moiety or half part of my Land lying between the pasture land of Mr Oaks Angier and the Land of my Son Amariah; also I Give and Bequeath to him his Heirs and Assigns Forever one Acre and half Acre of Marsh land Lying in Cambridge Called the lower Lott; also I Give to him his Heirs and Assigns one moiety or half part of my Weaving Loomb and half the Tackling thereto belonging.

Itt[em] I Give and Bequeath unto my Daughter Sarah Larned one Suit of Mourning Apparril of the value of Eight Pounds Lawfull Money and to be provided (at my Decease) by my Executors hereafter named.

Itt[em] I Give and Bequeath unto the Children that are Born of the Body of my Daughter Sarah Larned or that may here after be Born of her Body Seventy Six Pounds Twelve Shillings Lawfull Money to be paid by my Executors hereafter named within one Month Next after the Death of my Said Daughter Sarah in the following Manner viz:t Henry Pratt my Said Daughter’s oldest Son Shall have Ten Pounds of Said Money and the Remaining Sixty Six Pounds Twelve Shilling Shall be Equally Divided amoungst all the Children of my Said Daughter; and Said Children to have the Intrest of the Said Seventy Six Pounds Twelve Shillings paid to them or to their Legal Representatives Every year after my Death untill the Death of their Mother by my Executors hereafter named, unless my Said Daughter Sarah Larned Shall Desire to have the Intrest of said                                                            (money)

money paid to her if that Shall be the Case then my Executors hereafter Named Shall pay the Intrest of said Seventy Six Pounds Twelve Shillings to my Said Daughter Sarah and not to her Children; I also Give and Bequeath unto the Children of my Said Daughter Sarah one Moiety or half part of the Houshold Furniture that my Wife is to have, the Improvement of So long as She shall Remain my Widdow and to be Delivered to them in one month next after the Death of my Said Wife.

Itt[em] I Give and Bequeath unto my Daughter Esther Parker one Suit of Mourning Apparrel of the value of Eight Pounds Lawfull Money and to be provided (at my Decease) by my Executors hereafter named. I also Give and bequeath unto my Said Daughter Esther Parker and to her Heirs and Assigns for ever Twenty Pounds Two Shillings and Eight pence Lawfull Money to be paid to her in one year next after my Decease by my Executors hereafter named which Sum with what She hath already had out of my Estate makes one Hundred Pounds Lawfull Money; also I Give and Bequeath unto her and to her Heirs one Moiety or half part of the Household Furniture that my Wife is to have the Improvement of So long as She Shall Remain my Widow and to be Delivered to her in one Month Next after the Death of my Said Wife.

Itt[em] my Will further is that at the Marriage or Death of my Said Wife which soever happens first all my Books Shall be Equally Divided to and amoungst all my Children.

Itt[em] I give and Bequeath unto my Said four Sons above named and to their heirs and Assigns for Ever all my wearing Apparril, all my Money Bills and Bonds, as also all the Residue and Remainder of my Estate both Real and Personal of one Denomination and another and where ever the Same or any part thereof Shall or may now or hereafter be found to Enable them to pay my Debts, Legacies, funeral Charge and the Settlement of my Estate.

And I do Likewise Constitute make and ordain my four sons viz:t Jonathan Fuller, Elisha Fuller, Amiriah Fuller and Edward Fuller my only and Sole Executors of this my Last Will and Testament, and I do hereby utterly Disalow, Revoke and Disanul all and Every other former Testaments, Wills, Legacies, Bequests and Executors by me in any ways before this time Named, Willed and Bequeathed, Rattyfying and Confirming this and no other to be my Last Will and Testament.

In Witness where of I have hereunto Set my hand and Seal the Day and year first above written.                                                   Jonathan Fuller

Signed Sealled Published
Pronounced & Declaired
by the said Jonathan Fuller
to be his Last Will and
Testament in the Presence
of us the Subscribers vi[delice]t

John Stone
Isaac Jackson
Tho:s Greenwood

 

Probate [18 December, 1764]

To all People to whom these Presents shall come Samuel Danforth  Esq: Judge of the Probate of Wills &c in the County of Middlesex, within the Province of the Massachusetts Bay in New-England, sendeth Greeting.

Know Ye, That on the Eighteenth Day of December Anno Domini One Thousand Seven Hundred and Sixty four the Instrument hereunto annexed (purporting the last Will and Testament of Jonathan Fuller late of Newton in the said County, Gentelman deceased) was presented for Probate by the four Executors therein named; then present Thos Greenwood Esqr & Mr Isaac Jackson 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 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 seized and possess’d in said County, unto them the before named Executors well and faithfully to Execute the said Will; and to administer the Estate of the said deceased according thereto; who accepted of their said Trust, and gave Bond for the faithfull Discharge of the same and they shall render an Account (upon Oath) of their 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) S Danforth

 

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.