David Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 5 Oct 1804
Middlesex County Probate Court
Reference: Case Number 8727
Probate, 14, 1822, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 18 Apr 1751 – Died 21 Oct 1804)
(David4, Joshua3, Jeremiah2, John1of Newton)
Transcribed October, 2016, by
Diana Spelman, Norwich, Norfolk, UK
In the Name of God Amen. I David Fuller of Newton in the County of Middlesex & Commonwealth of Massachusetts, Yeoman; being of sound & disposing Mind & Memory, do make & Publish this my last will & Testament in Manner & form Following. Vizt My will is that my Just debts & funeral Charges be first paid by my Executor hereafter Named. And then I devise to my well beloved wife Sarah Fuller two thirds of my house hold furniture, one Cow, and all the Revisions that may be in my house or growing on my lands, at the time of my decease forever; And further I give to my said wife the Interest or Income of one Moiety or half part of all my other estate while she remains my Widow, & in case she shall think fit to alter her Condition by Marriage, then she shall have the Income of one third part only, during her Natural life. But if it should be thought best by my Executor & my said wife, to purchase Real Estate for her accomodation, with any or all, the personal estate I have given the Improvement of to her, I do hereby Impower my Executor to do it taking the
[p2] The Deed to my Executor or some other person in Trust, so that it may revert to my Child
at my said wifes decease, as I shall here after direct: The before Mentioned Legacis to my said wife shall be considered in Lieu of her Dower.
2d. I give & Devise to my only son David {and to his heirs} two Guns, all my wearing apparell, and one Moiety, or half part of all the remainder of my estate, which shall be Paid him when he shall arive to the age of Twenty-one Years, also the half part of what I have given the Income of to my said wife when it may revert at her Death, or Marriage.
3d I give & devise to my Daughters, & to their Heirs, vizt Hannah, Sarah & Martha; all the Remainder of my estate, to her divided equally among them, and to be paid them when they shall severally arive to the age of twenty-one Years, or their Marriage. All the Legacies I have given to my children shall be put out on Interest, by my Executor, until the time arives that I have directed them Severally to be paid. And Finally I do hereby
[p3] Nominate & appoint my Friend Samuel Murdock, Esquire, of said Newton, sole Executor of this my last will & Testament Rattifying & Confirming this & no other to be my last will & Testament. In Witness whereof I have hereunto sett my hand & Seal this Fifth day of October In the Year of our Lord one Thousand eight hundred & four.
Signed, sealed, Published )
& Pronounced by the said )
David Fuller, to be his ) [signature] David Fuller
last will & Testament in )
Presence of
Nb the words “& to his Heirs, were
Interlined before signing.
Timo[thy] Jackson
Joshua Fuller
Nathaniel Winch
Probate: Middlesex County, Cambridge, 14 May, 1805
To all People to whom these Presents shall come Samuel 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 fourteenth Day of May Anno Domini 1805 the Instrument hereunto annexed (purporting the last Will and Testament of David Fuller late of Newton in the said County, yeoman deceased) was presented for Probate by Samuel Murdock the Executor therein named; then present Timothy Jackson & Joshua Fuller 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 Nathaniel Winch 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 Samuel Murdock 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 exhibit 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] James Prescott, J Prob.
Inventory:
An Inventory of the estate of David Fuller late of Newton, Yeoman, d[ecease]d 24th June 1805, vizt:
| Personal Estate |
$ |
| Wearing apparell | $17.50 |
| Two Guns 9, two Looking Glasses 1.50 | 10.50 |
| Best bed, underbed & Bedstead | 25.00 |
| 1 d[itt]o 15, one d[itt]o 12, Small d[itt]o 9 | 36.00 |
| 3 Pair of Cotton Sheets | 6.00 |
| 9 Pair of Lining d[itt]o | 12.00 |
| 7 Pillow Casses 4, three Table Cloths 4 | 8.00 |
| Lining coverlid 3, Woollen d[itt]o 4 | 7.00 |
| Yarn d[itt]o 5, Rag d[itt]o 3, Small d[itt]o 1.25 Old d[itt]o .75 | 10.00 |
| Part of a pair of Curtains | 2.50 |
| Weavers Loom 10, Chest with a Draw 2 | 12.00 |
| one d[itt]o 1, Chest with old Iron 4 | 5.00 |
| Baskets 1.25, Casks, Tubs &c in Garret 2 | 4.00 |
| Pigeon Net 3, Pewter 8 | 12.00 |
| Glass & Crockery ware, Bottles &c | 4.00 |
| Desk 4, Tea Table 1.50, Warning Pan 2 | 7.50 |
| 6 Chairs 1.50, Brass Kettles 7 | 8.50 |
| Knives & forks 1, Tin Ware 3 | 4.00 |
| Iron Pots, Tea Kettle, Flatirons, frying pan, Gridiron, Toaster, dish kettles etc,etc | 6.00 |
| Carry Over | $199.25 |
| Sum Braut Forward | $199.25 |
| Three Candlesticks .60, Pair of dogs 1.50 | 2.10 |
| Crane & hooks 3.50, Shovel & Tongs .50 | 4.00 |
| Earthen Ware & Sundries in Cheeseware | 2.50 |
| Silver spoons 1.75, Table 1.25 | 3.00 |
| 1 ax, 2 hatchets, & 2 billhooks | 2.50 |
| a Quantity of Indian Corn | 75.00 |
| Sundry Casks & Tubs in Cellar | 4.00 |
| 2 Spining Wheels 2, Saddle & Bridle 3 | 5.00 |
| Vinegar Flasks 15, Cyder & Casks 8.50 | 23.50 |
| Cyder barrels Tubs bag &c | 3.00 |
| Pigeons 1.25, two Cheese presses 3, Casks in Mill 1 | 5.25 |
| Sledge 1.75, Cart & Wheels 40 | 41.75 |
| 2 plows 8, hay forks & Rakes 1.40 | 9.40 |
| 2 ox yokes 3.50, Shovel & Dungfork .75 | 4.25 |
| Horse Traces Collar & harnes | 4.50 |
| plow chains 2, plank & Boards 5.50 | 7.50 |
| part of a Harrow Chain & Iron bar | 2.50 |
| ½ a Grindstone .75, Hows .75 | 1.50 |
| ½ of a pair of Steelyards .50, Swine 10 | 10.50 |
| ½ a Flax comb .75, Horse 32 | 32.75 |
| 1 Cow 20, d[itt]o 12 d[itt]o 20, d[itt]o 21 | 73.00 |
| Large Heifer 12, two small d[itt]o 13 | 25.00 |
| 2 Notes Signed by Josiah Fuller In[eres]t Included | 2199.41 |
| The Whole of the Personal Estate | $2741.66 |
| [Additional amounts received] | 363.13 |
| [Total Personal Estate] | 3104.79 |
Real Estate
| One Half of two Pews in the West Precinct Meeting house in Newton & a Right in a Shed in s[ai]d Meetinghouse |
49.00 |
[Signatures]
Timo[thy] Jackson )
Joseph Fuller Jun[io]r ) appraisers
Edm[un]d Trowbridge )
And the said Sam[ue]l Murdock, admin[istrato]r of said deceased now
charges himself with the further sum due on note from Isaac Williams Jr.
dated March 28, 1805 $80.00 on interest. $80.00
[Signature] Samuel Murdock
Commonwealth of Massachusetts.
Middlesex SS. At a Court of Probate, holden at Cambridge in and for said County, the fifth day of September A.D. 1805
The foregoing [Inventory] having been duly returned, and this day exhibited, on oath, by Samuel Murdock the Adm[inistrat]or of the estate of said deceased, as a true and perfect inventory of all the estate of said deceased, that has hitherto come to his hands, possession, or knowledge; and the said Administrator having made oath, that if any further estate of said deceased shall hereafter come to his possession or knowledge, he will render a just and true account thereof into the Probate Office, to be of record herewith; it is therefore decreed by the Judge of said court now here, that the same be and it is hereby accordingly accepted, and order to be recorded.
[signed] James Prescott J. Prob.
[Note: The administration of this estate did not conclude until 16 April 1813]
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.