Joshua Fuller of Newton, Commonwealth of Massachusetts, USA
Petition before the Probate Court, 2 Dec 1817
Middlesex County Probate Court
Reference: Case Number 8768
Final Probate, 15 Jan, 1819, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA

(Born 2 Mar 1747   –    Died 8 Nov 1817)
(Joshua⁴, Joshua³, Jeremiah², John¹of Newton)

Transcribed by Wayne L. Fuller, July 2017

[Note: Lieutenant Joshua Fuller 1747-1817,  died intestate (without a Will) and below are his Probate Court Records (transcribed) which in the most part corroborate the information on the immediate family recorded in the Newton vital records and history books as follows:

Wife1 –Catherine Jackson 1747-1777
Children
Henry died young
Joshua III, 1774-1805,  m. Hannah Greenwood and had Henry (1773-1777) , Stephan and Catherine
Jacob died young
Moses died young

Wife2 Mary Brewer died 1808
Children
Catherine 1780-about 1808,  m. Charles Jackson and had Henry Jackson
Rebecca  bap. 1781 – not married
Elijah b. 1782 – not married
Captain James 1784-1850
Uriel  died young

Also, the headers with dates prior to each document were inserted by me……. .. W L Fuller]

2 December 1817  Petition to the Court request to appoint an Administrator

To the Honorable  James Prescott  Esquire, Judge of the Probate &c. in and for the county of Middlesex in the commonwealth of Massachusetts.

The memorial of James Fuller of Newton in said County Gentleman

Humbly showeth,

That Joshua Fuller, late of said Newton gentleman who last dwelt in said County has within sixty days last past died intestate & possessed of goods and estate not by him disposed of during his lifetime. That it is necessary that some suitable person should be appointed administrator of the estate of said deceased. That your memorialist is the son and one of the heirs at law of said deceased and  is a suitable person as well qualified for that trust and eligible to the office of adm[inistra]tor  and ready to give bond with sufficient sureties to your Honor’s satisfaction, as the law in such case requires, for the due performance thereof. Wherefore your memorialist prays, that your Honor will be pleased to appoint him Administrator as abovedsaid.

And your memorialist, as in duty bound. Will ever pray, &c. [signed]  James Fuller

COMMONWEALTH OF MASSACHUSETTS

Middlesex, sc. Cambridge  In Probate Court the second day of December A.D. 1817

THE foregoing memorial being read and fully understood, and all needful inquiries made, and it appeared to me, the Judge of said court, that the declarations thereof are true, and that the memorialist is a suitable person to be appointed Administrator to said estate of said deceased

It is therefore decreed by me, the said Judge, that he  be appointed  Administrator  as prayed for,  he giving bond with sufficient sureties, as the law requires for the due performance thereof.

[signed] James Prescott,  J. Prob.

2 December 1817   Bond/Appointment of Administrator

KNOW all Men by these Presents    That we,

James Fuller Gentleman as principal and Henry Craft yeoman and Jonathan D. Dix Gentleman as sureties and all of Newton in the County of Middlesex within the commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto James  Prescott  Esq[uie]r Judge of the Probate of Wills, and granting administrations within the county of Middlesex in the full Sum of Thirty Thousand dollars in lawful money of said commonwealth, to be paid unto the said James Prescott Esq. his successors in the said office, or assigns; to the true payment whereof, we do bind ourselves and each of us, our, and each of our heirs, executors, and administrators, jointly and severally, for the whole, firmly by these presents. Sealed with our seals. Dated the Second  day of  December in the year of our Lord one thousand eight hundred and  seventeen.

The condition of this Present obligation is such, That if the above bounden James Fuller, to whom the administrator of the estate of Joshua Fuller late of said Newton, Gentleman deceased intestate has this day been granted & committed in All things the same concerning in manner &  forever as the law in such case provides.

do make or cause to be made a true and perfect inventory of all and singular the goods, chattels, rights and credits & legal estate of the said deceased, which have or shall come to the hands, possession or knowledge of the said James Fuller or into the hands and possession of any other person or persons for him and the same so made, do exhibit, or cause to be exhibited into the  registry of the Court of Probate for the aforesaid county of Middlesex at or before the  second day of March  next ensuing; and the same goods, chattels, rights and credits, and all other the goods, chattels, rights and credits of the said deceased, at the time of his death, which at any time after shall come to the hands and possession of the said   James Fuller   or into the hands and possession of any other person or persons for him do well and truly administer according to law; and further, do make or cause to be made a just and true account of his said administration upon oath, at or before the second   day of December which will be in the year of our Lord, one thousand  eight hundred & eighteen.

And all the rest and residue of the said goods, chattels, rights and credits which shall be found remaining upon the said administrator  account, (the same being first examined and allowed of by the Judge or Judges, for the time being, of Probate of Wills and granting administrations within the County of Middlesex aforesaid) and shall deliver and pay unto such person or persons respectively, as the said Judge or Judges by his or their decree or sentence pursuant to law shall limit and appoint:

And if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the court of Probate for the said county of Middlesex making request to have it allowed and approved accordingly; if the said     James Fuller     within bounden being thereunto required, do render and deliver the said letter of administration (approbation of such testament being first had and made)  into the said court: Then the before written Obligation to be void and of none effect, or else to abide and remain in full force and virtue.

Sealed and Delivered
in Presence of  us [all signed]                                          James Fuller
Benjamin Jamison                                                                Henry Craft
Polly Craft                                                                                Jonathan D. Dix

2 December 1817 Appointing Appraisers to take an Inventory of Estate

COMMONWEALTH OF MASSACHUSETTS.

Middlesex ss. The Honorable  James Prescott Esq.

Judge of the court of Probate in and for the county of Middlesex aforesaid.

To  Henry Craft yeoman , Jonathan D. Dix and Ezra Fuller Gentleman and all of Newton in said County                                                                                                                                                                                                             Greeting.

You are hereby appointed and empowered, three suitable persons to take an inventory of all the estate whereof Joshua Fuller  late of Newton  in said county of Middlesex,    Gentleman     died seized and possessed in the county of Middlesex and commonwealth aforesaid;  and, according to your best skill and judgement, truly and justly to appraise the same, as soon as may be, in dollars and cents, according to the present value thereof, being first sworn to the faithful discharge of that trust;   and when you shall have completed the said inventory, as aforesaid, you are to deliver the same, together with this warrant, with your doings thereon, sealed up, to the  Administrator of the  estate of the said deceased, who is hereby accordingly directed so to return and exhibit the same, on oath, into the Probate Office of the said county of Middlesex, within three months from the time of taking upon himself that trust.

Witness the said   James Prescott   Esq.  Judge as aforesaid, under his hand and seal official, this  second  day of December   in the year of our Lord one thousand eight hundred and seventeen.

Countersigned,                                  [signed]  James Prescott J. Prob

[signed] Isaac Frike                               Reg[istra]r.

Middlesex ss. December 8th  A. D.  1817

THEN the abovenamed  Henry Craft Jonathan D. Dix and Ezra Fuller

personally appeared and made oath, that they would faithfully and impartially discharge the trust reposed in them by the foregoing warrant,

Before me,    [signed]  Nathan Fuller, Justice of the Peace

An Inventory of the Estate of the late Joshua Fuller late of Newton Gentleman deceased Viz.

Newton 8th Decem[ber] 1817

[Signatures]

Ezra Fuller         )
Henry Craft       )    Appraisers
Jonathan D Dix)

COMMONWEALTH OF MASSACHUSETTS.

Middlesex ss.   At a Court of Probate, holden at   Cambridge   in and for said county, the  thirteenth  day of  January  A.D. 1818

The foregoing having been duly returned, and this day exhibited, on oath, by James Fuller administrator of the   Estate of the said deceased, as a true and perfect inventory of all the estate of said deceased, that has hitherto cone 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 ordered to be recorded.     [signed] James Prescott, J. Prob.

10 January 1818  Court Order to Sell Personal Estate by Public Sale

COMMONWEALTH OF MASSACHUSETTS.               Middlesex, ss.

To James Fuller of Newton   in said county   administrator of the Estate of Joshua Fuller  late of  Newton  in the said county of Middlesex, gentleman, deceased intestate,                                                                    GREETING

WHEREAS it hath appeared to the honorable James Prescott, Esquire, Judge of the court of Probate for the county of Middlesex, that it will be most for the benefit of those concerned in the estate of said deceased, that     the whole of the    personal estate of said deceased, whereof no special disposition hath already been duly made, should be sold:                    at public sale.

You are therefore hereby directed to make sale of the same at public sale of the same at Public Sale    giving public notice of the time and place of the sale   seven  days at least previous thereto, by posting up notification thereof in two or more public places in the said town of Newton and in two adjoining towns, and to account on oath with the said Judge for the proceeds thereof, as the same shall be sold, and make return hereof with your goings herein, together with a true and perfect account of the said sale, with all convenient speed.

Witness the said  James Prescott,  Esq. Judge as aforesaid, under his seal official, as Cambridge  this thirteenth day of January  in the year of our Lord one thousand eight hundred and Eighteen.

[signed] James Prescott J. Prob.

15 January 1819  Administrator Presents his Account (money) to the Court

Commonwealth of Massachusetts

The first account of James Fuller of Newton in the County of Middlesex, gentleman, administrator of the estate of Joshua Fuller late of said Newton, gentleman, deceased, intestate.

COMMONWEALTH OF MASSACHUSETTS.

Middlesex ss.   At a Court of Probate, holden at  Cambridge   in and for said county, the  fifteen   day of  January  A.D. 1819

HAVING examined and adjusted the foregoing   account   exhibited by  James Fuller

The Adm[inistra]tor  above named, and  no person appearing to object thereto &c. and

the said  Adm[inistrat]or   having this day made oath, that said account is just and true, and having seen and fully understood the vouchers and evidence touching the same, and made all needful inquiries relative thereto, it appears to the Judge of said court, that the said account is just and reasonable, and ought to be allowed:

It is therefore decreed by the said Judge now here, that the same be, and it is hereby accordingly approved and allowed, and ordered to be …recorded.

[signed  James Prescott  J. Prob.

15 January 1819   Court Orders Distribution of funds from the Estate

COMMONWEALTH OF MASSACHUSETTS.

At a Court or Probate holden at Cambridge, within and for the county of Middlesex, on the fifteenth  day of January A.D. 1819.

WHEREAS it has appeared to the Hon.  James Prescott Esq. Judge of the said Court, from the account of James Fuller   this day allowed as  Administrator of the  estate of Joshua Fuller late of Newton  in said county,  gentleman deceases intestate, that all the debts and charges already arisen against said estate are fully paid and satisfied, and that a balance still rests in the Administrators  hands, amounting to the sum of  nine hundred  & ninety five  dollars & twenty six cents 

which is to be distributed to and among    the next of kin   of said deceased, after paying such charges as may hereafter arise.

It is therefore decreed by me the said Judge, that said  Admi[nistrat]or  distribute and pay out the same as follows:

All which sums amount to the aforesaid balance, and are to be paid to them or to their respective legal representatives.

Witness the said James Prescott  Judge as aforesaid, under his hand at the Court aforesaid.

[signed]   James Prescott, J Prob.

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.