Abraham Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 2 July 1793
Middlesex County Probate Court
Reference: Case Number 8719
Probate, 4 June, 1794, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 23 Mar 1720 - Died 20 Apr 1794)
(Abraham4, Joseph3, Joseph2, John1of Newton)
Transcribed February, 2017, by
Diana Spelman, Norwich, Norfolk, UK
In the Name of God Amen, I Abraham Fuller of Newton in the County of Middlesex and Commonwealth of Massachusetts Esquire, being at the present writing hereof of sound and disposing Mind and memory, and desirous while I am so to set my house in order, do therefore make this my last will and Testament, in manner and form as follows; And first of all I commend my Soul into the hands of my gracious Redeemer, and my Body I commit to the dust, by a decent, Christian Burial, and as to my worldly Estate or Goods, I will and dispose of them after the following Manner. Viz,
Imprimis, Whereas the education of the rising Generation is of the greatest importance, both as it respects the happiness and order of civil Society, and the cause of religion, and placing the fullest confidence in the discretion and judgment of my Son in Law William Hull Esquire, I do by these presents fully authorize and require the said William Hull to take three hundred pounds lawfull money, out of my Cash, bonds, Notes and other dues, and it is my direction to him to appropriate the same Sum to the purpose of laying the foundation of an Academy in the Town of Newton, at such place as he shall think proper.
Item, After the aforesaid Legacy, my just debts and funeral Charges are paid out of my Cash, Bonds Notes, and other dues, I give and bequeath to Sarah, my well beloved Wife, one quarter part of the remainder of my Cash, Bonds, Notes and other dues, and also one quarter part of my wearing Apparel, and also one half of my Cattle, and other quick Stock, and also one half of my out-door moveables or Utensils, I also give to her the said Sarah the whole of my indoor moveables or house hold furniture, all the said Articles to be at her own disposal.
Item I give and bequeath to my Daughter Sarah Hull the remaining three quarters of my Cast, Bonds, Notes, Apparel and other dues, together with the other half of my out-door moveables or Utensils, Cattle and other quick Stock, and all other personal Estate, if any there be, that I have not in these presents disposed off.
Item I give and bequeath to Sarah, my well beloved Wife aforesaid, the Improvement of the westerly part of my dwelling house and also the Improvement of one half of all my other buildings (excepting the easterly part of my dwelling house) I also give and bequeath to her the Improvement of one half of all my lands in Newton and Cambridge during the term of her natural life as her dower out of my Estate but not allowed to make any Strip or waste of the firewood or Timber more than is sufficient to maintain her own fires and maintain the fences on the said Lands.
Item I give and bequeath to my Daughter Sarah Hull, her Heirs and Assigns forever, the easterly part of my dwelling House and the other half or remaining part of all my buildings and Lands lying in Newton and Cambridge, or else where, to come into the possession of the said buildings and Lands at my decease.
Item and at the decease of Sarah, my wife aforesaid, I give and bequeath to my Daughter Sarah Hull, her Heirs and Assigns forever, all that part of my real Estate that I have here given the Improvement off to my wife aforesaid, as her dower out of my Estate, she paying the legacy to my Grandson next mentioned.
Item I give and bequeath to my Grandson Abraham
[page 3] Abraham Fuller Hull the Sum of Six hundred Pounds lawfull money to be paid to him by my Daughter Sarah Hull aforesaid at the decease of Sarah my wife aforesaid, if he the said Abraham Fuller Hull be then arrived to the Age of twenty four Years, but if the said Abraham is not at that time arrived to the Age of twenty four Years, then to be paid to him when he arrives to the Age of twenty four Years after the decease of my wife aforesaid.
Item my will is, that Sarah my wife and Sarah my Daughter aforesaid may agree to the divisions of my Estate between them in manner as aforesaid but in Case they cannot agree to make the said divisions, my will is that the said divisions be made in manner as before mentioned by three suitable persons to be approved by the Judge of Probate for the County aforesaid.
Finally, I do hereby constitute, make and ordain Sarah my wife aforesaid and William Hull my Son in Law Executors of this my last will and Testament, ratifying and confirming this and no other to be my last will and Testament.
In witness whereof I hereto set my hand and Seal this Second day of July in the Year of our Lord One thousand Seven hundred and ninety three, and in the Seventeenth Year of the Independence of the United States of America
Signed, sealed, published
and pronounced, and
declared by the said
Abraham Fuller as his
last will & Testament in
presence of us the Subscribers A Fuller [signed]
Probate: Cambridge, Middlesex, Massachusetts, June 4, 1794
To all People to whom these Presents shall come Oliver Prescott Esq: Judge of the Probate of Wills &c in the County of Middlesex, within the Commonwealth of Massachusetts, sendeth Greeting.
Know Ye, That on the fourth Day of June Anno Domini 1794 the Instrument hereunto annexed (purporting the last Will and Testament of Abraham Fuller late of Newton in said County Esquire deceased) was presented for Probate by Sarah Fuller & William Hull the Executors therein named; then present Edmund Trowbridge & Samuel 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 Hannah Ruggles 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 Sarah Fuller & William Hull 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 to exhibit an inventory of the Estate 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] Oliver Prescott
Middlesex, ss. AT a Probate Court held at Cambridge within and for said County, on the fourth Day of June A.D. 1794 I hereby order Sarah Fuller & William Hull the Executors to the last Will and Testament of Abraham Fuller late of Newton in said County, Esquire deceased, to make known their appointment and Acceptance of said Trust, by posting a Notification thereof in said Town of Newton and also by causing the same to be inserted three Weeks successively in the Boston Newspaper printed by Adams & Larkie 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.
[signed] Oliver Prescott J prob
Inventory: [there was no inventory in this file]
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.