Joseph Fuller of Newton, Province of Massachusetts Bay, New England
Last Will written, 5 December 1764
Middlesex County Probate Court Reference: Case Number 8759
Probate, 27 May, 1766, [Cambridge], Middlesex,
Province of Massachusetts Bay, New England

(Born 4 July, 1685   -    Died 23 April, 1766)
(Joseph3, Joseph2, John1 of Newton)

Transcribed January 2017 by
Diana Spelman, Norwich, Norfolk, UK
(Some words bolded by transcriber)

 

In the name of God Amen the Fifth Day of December in the year of our Lord One Thousand Seven Hundred and Sixty Four I Joseph Fuller of Newtown in the County of Middlesex in New-England Gentleman being under Infirmities of Old Age & Weak in Body but of Perfect mind & Memory thanks be given to God; therefore Calling to mind the Mortality of my Body and Knowing it is Appointed for men once to Die, do

[Note: one portion of the Will is totally missing so we will show the missing portion with a series of dots …..]
…………………….& ordain this last Will & Testament; that is to Say
……………………..rst of all I give & Recommend my Soul into the
……………………..t Gave it, hopeing through the merits and
…………………… Saviour Jesus Christ to have free & full pardon
…………………… my Sins & to Inherit Eternal Life; and my Body
…………………….[e]arth to be Decently Buried at the discretion of
…………………….after named, nothing doubting but at the General
…………………… receive the Same again by the mighty power of
…………………….Such Worldly Estate where with it hath pleased
……………………. this Life, I Give demise & dispose of the Same
…………………….[m]anner and form (viz)

First I will that all those Debts & duties that I do owe in Right or Conscience to any manner of Person or Persons whatsoever, as also the Charge of my Funeral Shall be well & truly Contented & paid out of my Estate in Convenient time after my Decease by my Executor hereafter Named out of my Personal or Movable Estate.

Item I Give & Bequeath to my Cousen Hannah Willson Two Pounds Thirteen Shillings & four pence Lawfull Money to be paid to her by my Executor here after named if She Shall Stand in Need thereof my will is that my Executor here after Named Shall fulfill every Article mentioned in the Last Will & Testament of my Honoured Father Mr Joseph Fuller late of Newtown Deceased that I am therein Oblidged to do & Provid for Said Hannah Willson.

Item I Give & Bequeath unto my Sister Elizabeth Bond one Suit of Mourning Cloaths at my Decease.

Item I Give and Bequeath unto Jemima Trowbridge who now Lives with me Eight Pounds Lawfull Money to be paid to her within one year Next after my Decease.

Item I Give & Bequeath unto my Daughter Elizabeth Jones & to her

Heirs
[p]2

Heirs & Assigns for Ever one Hundred & Sixty Pounds Lawfull money to be paid to her within three years next after my Decease. my Will & meaning is that after my Just Debts & my Funeral Charge & the Several Bequests before mentioned (Excepting the Hundred & Sixty Pounds I have Bequeathed to my said Daughter Elizabeth Jones) are paid out of my Personal or Movable Estate if any Shall then Remain it Shall be Equally Divided between my Son Abraham Fuller & my said Daughter Elizabeth Jones.  What my Said Daughter Elizabeth Jones has already Rec[eive]d of me & what I have Bequeathed to her in the Instrument is her full Share or Portion of my Estate.  my Will & meaning is that my Executor hereafter named Shall pay the Several Bequests & fulfill the Several Articles mentioned in this my last Will and Testament

Item I Give and Bequeath unto my Son Abraham Fuller and to His Heirs & Assigns for Ever all my Real Estate both Buildings & Lands in one place & another where Ever the Same or any part thereof Shall or may now or hereafter be found to be by him & them freely Possessed & Injoyed.

And I do Likewise Constitute make & ordain my Said Son Abraham Fuller my only & Sole Executor of this my last Will and Testament; and I do hereby utterly disalow Revoke and
disanul all & Every other former Testaments, Wills, Legaces, Bequests & Executors by me in any ways before this time named Willed & Bequeathed.  Ratifying & Confirming this & no other to be my last Will & Testament.  In Witness whereof I have here unto Set my hand & Seal the Day & year first above written

Signed Sealed Published
Pronounced & declaired by the                                    Joseph Fuller [Signature]
said Joseph Fuller to be his
Last Will & Testament in
the Presence of us the Subscribers
[Signatures]
Tho[ma]s Greenwood
Thaddeus Trowbridge
James Cheney

[marginal note]
May 27 1766
Messrs Greenwood &
Trowbridge Sworn

 

Probate [27 May. 1766]

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 twenty seventh Day of May Anno Domini One Thousand Seven Hundred and Sixty Six  the Instrument hereunto annexed (purporting the last Will and Testament of [Lieut.] Joseph Fuller late of Newton in the said County Gentleman deceased) was presented for Probate by Capt[ain] Abraham Fuller  the Executor therein named; then present Thomas Greenwood Esq[uie]r & Mr Thaddeus 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 James Chaney  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 seiz’d and possess’d in said County, unto him 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 for the faithfull Discharge of his said Trust 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) S Danforth

Receipt
Newton June 3 1766
Received of my Brother Abraham Fuller Execut[o]r of the Last Will & Testament of my Hon[oure]d Father Mr Joseph Fuller late of Newton Deceased in Sundrys of the persona or moveable Estate of my last Father aforesaid, to the Value of One hundred Ninety four pounds two Shillings & One penny Lawful Money it being in full of my part or Share out of my hon[oure]d Fathers Estate afores[ai]d (Excepting the One hundred & Sixty pounds Legacy, that will become due the 23d of April A D 1769) by the Will aforesaid

Witness: S Danforth                                          [signed] Isaac Jones
Middlesex June 3 1766, I order the above written to be Recorded

[signed] S. Danforth   J. prob.

 

Bond with manuscript annotations

Summary:
Abraham Fuller of Newton in the County of Middlesex Gentleman & Isaac Jones of Western [sic] in the County of Worcester Clerk, both in the Province of Massachusetts-Bay in New-England are bound to Samuel Danforth Esquire, Judge of the Probate of Wills and granting Administrations in Middlesex, in the full sum of £300 to be paid to Samuel Danforth or his successors.  Dated 3 June 1766.

Condition of the obligation: Abraham Fuller executor of his father, Mr Joseph Fuller late of Newton, Middlesex, deceased, has taken on the burden of paying his debts and legacies. If he pays these & faithfully fullfils administration of his estate and renders account of this, then obligation to be void.

Signed, Sealed and Delivered

in the Presence of                                                               Abr.[aham] Fuller    &    Isaac Jones [Signatures]

[Signatures]  And[re]w Bordman & Eben[eze]r Stedman ju[nio]r

 

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.