Amariah Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 8 October 1799
Middlesex County Probate Court
Reference: Case Number 8720
Probate, 7 April 1802, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 17 July 1729 - Died 2 Feb 1802)
(Amariah4, Jonathan3, Joseph2, John1of Newton)
Transcribed July, 2017, by
Diana Spelman and Wayne L. Fuller
[Note – It appears that the first page of this Will was written between 1770-1780 when Massachusetts was officially the State of Massachusetts Bay in New-England, however when page two was signed in 1799, Massachusetts was officially “The Commonwealth of Massachusetts” and page one was not changed to reflect the new status. Also the headers with dates above each document were added by me …Wayne L Fuller]
In the Name of God Amen
I Amariah Fuller of Newton in the County of Middlesex and State of Massachusetts Bay in New-England Gentleman. Being under bodily Infirmeties but of Perfect mind & memory, thanks be given to God, and Calling to mind the mortallety of my Body & knowing it is Appointed for all men once to die, Do make & ordain this my last Will and Testament that is to Say Principally & first of all I Give & recommend my Soul into the hand of God who gave it hoping through the Mirrits & Satisfaction of my Savior Jesus Christ to have free & full pardon and forgivness of all my Sins & to Inharrit Eternal life. And my Body I Commit to the Earth to be Decently Buried at the Discrestion of my Executor hereafter named. Nothing doubting but at the Great [General] Resurrection I shall recive the same again by the Mighty power of God. And as Touching such Worly[sic] Estate where with it hath Pleased God to Bless me in this Life I give demise & dispose of the Same in the following manner & form Vi[delice]t
First I Will that all those Debts & Duties that I do owe in Right or Conscience to any manner of Person whatsoever, as also my Funeral Charges to be paid out of my Estate by my Executor hereafter named.
Item I Give and Bequeath unto my Belov’d Wife Anna Fuller the whole improvement of my Estate both real & Personal So long as Shee remains my Widow and whenever that ceases, I give & bequeath the whole of my Estate, both real & personal as afore said to my two Daughters, Vi[delice]t Katharine Woodward and Anna Craft to be Turn
2) Equably Divided betwen them there heirs and Assigns forever Excepting my young Horse which I now own I give unto my Daughter Anna Craft her hairs and Assigns forever. After the Decese of my Beloved Wife
And I Do Likwise Constitute make & ordain my Son in law Ebenezer Woodward Esq[uire] my only and Sole Executor of this my Last Will & Testament; and I Do hereby utterly disallow Revok and Disannul all & Every other former Testament Will, Legacies, Bequest and Excutor[sic] by me in any ways before this time named Willed and Bequeathed Ratifying Confirming this & no other to be my Last Will & Testament.
In Witness whereof I have hereunto Set my hand & Seal this Eight Day of October AD one Thousand Seven Hundred and Ninty Nine.
Singn[sic] Sealed Published
Pronounced & Declared
to be his Last Will and
Testament in presence Amariah Fuller
of us [all signed]
Jonathan Day Dix
12 March 1802 Representation to the Court
We the subscribers all the Heirs at Law to Estate of Capt[ain] Amariah Fuller Late of Newton Deceased, hereby manifest our fore assent that the Will of said Deceased be Set up & the Estate Settled agreeable to the will of the Testator.
Newton March 12th 1802 [signed] Anna X Fuller – her Mark
7 April 1802 Probate
To all People to whom these Presents shall come, Oliver Prescott Esquire, Judge of the Probate of Wills, &c in the County of Middlesex, within the Commonwealth of Massachusetts, sendeth Greeting.
Know Ye, That on the seventh Day of April Anno Domini 1802, the Instrument hereunto annexed (purporting the last Will and Testament of Amariah Fuller late of Newton in said County, Gentleman deceased) was presented for Probate by Ebenezer Woodward the Executor therein named; then present Edward Fuller & William Trowbridge 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 Jon[atha]n Day Dix 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 possessed in said Commonwealth, unto Ebenezar Woodward 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 to render an Inventory of the Estate 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
MIDDLESEX, ss. AT a Probate Court held at Cambridge within and for said County, on the seventh Day of April A.D. 1802 I hereby order Ebenezer Woodward the Executor to the last Will and Testament of Amariah Fuller late of Newton in said County, Gentleman deceased, to make known his Appointment and Acceptance of said Trust, by posting Notifications thereof in said Town of Newton and also by causing the same to be inserted three weeks successively in the Boston News Paper printed by [deletion] Benjamin Russell within three months from this day, and to make return of his Doings hereon to the Probate Office on Oath, within seven Months from the date hereof.
Oliver Prescott J prob
7 April 1802 —Bond/Obligation of Executor
KNOW all Men by these Presents That we, Ebenezer Woodward Esquire principal Joseph Jackson Jun[io]r Gentleman & Henry Crafts yeoman as sureties all of Newton within the County of Middlesex & the Commonwealth of Massachusetts,
are holden and stand firmly bound and obliged unto Oliver Prescott his Successors or Assigns in the full Sum of Thirty Thousand Dollars, in Lawful Money of the Commonwealth of Massachusetts to be paid unto the said Oliver Prescott his Successors or Assigns, in the Office of Judge of the Probate of Wills, and for granting Letters of Administration on the Estate of Persons deceased, in the County of Middlesex.
To the true Payment whereof we jointly and severally bind our selves, and our several and respective Heirs, Executors, and Adm inistrators, firmly by these Presents. Sealed with our Seals. Dated the seventh Day of April in the Year of our Lord One Thousand Eight Hundred and two.
THE Condition of this Present Obligation is such, That if the above-bounden Ebenezer Woodward hath this Day taken upon himself the Trust of Executor to the last Will and Testament of Amariah Fuller Gent[lema]n late of Newton in the County of Middlesex deceased.
NOW therefore if he shall on or before the first Tuesday in July next, return on Oath to the Judge of Probate for said County a full and true Inventory of all such Estate of the said Deceased as shall have come to his Hands, Knowledge or Possession; and moreover, if he do pay or cause to be paid said Deceased’s Debts and Legacies, so far as his Goods and Estate can extend, and do administer his Estate in all Things according to Law and the Will of the Deceased; and do render a just and true Account of his Proceedings herein to the Judge of Probate in said County of Middlesex for the Time being, when thereunto lawfully required, and the Balance remaining do pay to such Persons as the said Judge shall pursuant to Law direct; then this Obligation to be void and of none Effect, otherwise to remain in full Force and Virtue.
Signed, Sealed and Delivered, Eben[eze]r Woodward
in Presence of us Joseph Jackson Jun[ior]
W[illia]m Fisk Henry Craft
7 April 1802 Appoint Inventory Committee
Commonwealth of Massachusetts, Middlesex ss:
TO Tim[oth]y Jackson Esquire, Joseph Fuller jun[io]r, Gentleman & Edmund Trowbridge Gentleman all of Newton
in the County aforesaid, GREETING.
YOU are hereby appointed and impowered to take an Inventory of, and (according to your best Skill and Judgement) truly and justly to apprize (in Lawful Money of the Commonwealth) all the Estate wereof Amariah Fuller Gentleman late of said Newton deceased 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 Seventh Day of April A.D. 1802
[signed] Oliver Prescott J. Prob.
2 June 1802 – Inventory
TO the Hon. Olivier Prescott Esq. Judge of Probate &c. The subscribers appointed to take an Inventory of the estate of Amariah Fuller late of Newton, Gent[lema]n deceased, do report as follows vizt.
|Apparell 9.50 Books, 4,||$13.50|
|11 pairs of sheets, 22, five Table Cloths 3,||25.00|
|6 pairs of Pillow Cases 2.50, Towels, 2.50,||5.00|
|3 Coverlids 13, four Blankets 4.50,||7.50|
|2 beds 30 two bedsteads & underbeds 5,||35.00|
|3 Chests 4, Curtains 5, ten Chairs 3.33,||12.33|
|3 looking Glasses 1.50, three Tables 5,||6.50|
|Stand, .80, Case of draws 5, Cupbord 1,||6.80|
|2 pairs of shovel & Tongs 1.50, Iron dogs 1,||2.50|
|[torn] [silver] Tablespoons & six Tea d[itt]o 6, Pewter 14,||20.00|
|Tea Kettle 1, Warming pan 1.50, Kettle & skillet 6.25,||8.75|
|Earthen ware 1.50, Cheese press &c. 3.50,||4.10|
|Scales & Steelyards 1, Flat Irons 1, Tin ware .50,||2.50|
|Cyder Casks & Tubs 2, Table 1, Glass & Crockery ware 1.50,||4.50|
|Chain 3, small d[itt]o 2, old Iron 1.50, forks &c. 1,||7.50|
|Tubs 1,.25, Plough 2, Chaise 10,||13.25|
|Farrow Cow 16, one d[itt]o 21, Horse 45, one Swine 13||95.00|
|part of a Grindstone .50, Spring wheel 1.50,||2.00|
|Knives & forks .50, Cash on hand 26,||26.50|
|one Note Signed by Henry Craft for Interest on d[itt]o from 23 June 1801||93.00|
|1 d[itt]o signed by Benj[ami]n Cook & John Ware Interest from 11 Dec 1800||100.00|
|[p2] Braut Forward||$525.39|
|one State note valued at||108.47|
|Total Personal Estate||633.86|
|The Homestead (so Called) Containing about thirty six acres with a House & Barn thereon at||1700.00|
|About twelve acres of woodland at||1396.00|
|About two d[itt]o of Salt Meadow at||135.00|
|Total of Real Estate||$3,131.00|
Tim[oth]y Jackson )
Joseph Fuller Jun[ior] ) appraisers
Edmond Trowbridge )
Middlesex ss: June 2nd 1802 in Probate Court at Cambridge Eben[eze]r Woodward the Exe[cu]tor made oath to this Inventory before me
[signed] Oliver Prescott J. Prob.
[Note: There are not additional documents, showing the distribution of the estate including dower rights. However there were only the wife Anna Stone Fuller and the two daughters Catherine and Anna, mentioned in these records, alive at the time of Amariah’s death. The other two children, Elijah and Merial had died before their father.]
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.