David Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 7 Feb. 1852
Middlesex County Probate Court
Reference: Case Number 32341
Probate, Oct. 11, 1853, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 28 June 1822 – Died 5 Sept. 1853)
(David6, Joel5, Joseph4, Josiah3, Jeremiah2, John1 of Newton)
Transcribed Feb., 2019, by Wayne L. Fuller
Know all men by those presents; that I David Fuller, of Newton, county of Middlesex, and state of Massachusetts, Yeoman, being of sound and disposing mind and memory, do make and publish this my last will and testament.
I give and bequeath unto my much beloved wife, Roxia Fuller all my estate both personal and real to be hers and at her disposal. And I so hereby appoint said Roxia Fuller my sole Executrix to this my will and testament.
In testimony whereof I have hereunto set my hand and seal and publish and declare this to be my last will and testament in the presence of the Witnesses named below this twenty seventh day of February in the year one thousand eight hundred and fifty two
David Fuller [signed]
Signed, Sealed, published, and declared by the said David Fuller, as and for his last will and testament in presence of us, who in his presence, and in the presence of each other and at his request, have hereunto subscribed our names as witnesses, [signed]
a Sarah Fuller
a Eliza J Fuller
s William Foye
13 Sept. 1853 – Court Citation
To the Heirs at Law and others interested in the estate of David Fuller late of Newton in said County Yeoman, deceased,
Whereas a certain instrument purporting to be the last will and testament of the sais deceased has been presented to me for Probate by Roxia Fuller the Executrix therein named.
You are hereby cited to appear at a Court of Probate to be holden at Cambridge in said County, on the Second Tuesday of October next, to show cause, if any you have, either for or against the same.
And the said Roxia Fuller is ordered to serve this Citation by giving personal notice thereof to all persons interested in said estate, living with this State, fourteen days, at the least, previous thereto, and by publication hereof in the Daily Evening Traveler printed in Boston three weeks successively, the last publication to be three days at least before said Court.
Dated at Cambridge this thirteenth day of September A. D. 1853.
P. P. Fay J. Prob. [signed]
I have served this Citation as above ordered Roxia Fuller [signed]
Middlesex ss. Oct 5 A. D. 1853. The above-named Roxia Fuller made oath that the above return, by her subscribed, was true
Before me Seth Davis , Justice of the Peace. [signed]
11 Oct 1853 – Bond/Obligation of Executrix
KNOW all Men by these Presents, that we Roxia Fuller of Newton in the County of Middlesex, widow, as principal, & Sarah Fuller & John C. Kent of Newton a foreman as sureties
and all within the Commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto S. P.P. Fay Esq., Judge of the Probate Court in and for the County of Middlesex, in the full and just sum of Thirty thousand dollars, to be paid to the said Judge and his successors in the said office; 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, by these presents. Sealed with our seals. Dated this Eleventh day of October in the year of our Lord one thousand eight hundred and fifty three.
THE Condition of this Present Obligation is such, that
whereas the above bounden Roxia Fuller has this day taken upon herself the trust of executrix of the last will and testament of David Fuller late of Newton in said county of Middlesex yeoman deceased, testate, being residuary legatee in said will, has undertaken to pay all the debts and legacies of said testator
Now therefore if the said executrix or her heirs, executors, or administrators, or any or either of them, do well and truly pay or cause to be paid all the just debts and legacies of said testator and in all matters the same concerning faithfully fulfil the said testators will and administer his estate according thereunto and render an account of her proceedings thereupon when thereunto lawfully required; then the above written obligation to be void; otherwise to remain in full force.
Signed, sealed, and delivered in
[all signed] Roxia Fuller
Lyman Gilbert Sarah Fuller
Maria Fuller John C Kent
Middlesex ss. Oct 11th A. D. 185 3
The above bond is this day examined and approved by
S.P.P. Fay [signed] J. Prob.
11 Oct 1853 – Probate
Commonwealth of Massachusetts
Middlesex ss. At a Court of Probate, holden at Cambridge in and for said county, on the eleventh day of October in the year of our Lord one thousand eight hundred and fifty three
THE foregoing instrument, purporting to be the last will and testament of David Fuller late of Newton in said county of Middlesex, yeoman deceased, having been duly presented for probate to the Judge of said court by Roxia Fuller, the executrix therein named; and the heirs at law and legatees of the said deceased, and others interested in said estate, having been duly notified of the time and place assigned for taking the same into consideration and William Foye one credible witness,
thereto, now appears before the Judge of said Court, and makes oath, that he saw the said testator sign, seal, and heard him pronounce, publish, and declare the said instrument to be his last will and testament and that he with Sarah Fuller & Eliza J. Fuller two other credible witness then also present, who are now absent at the same time, attested the same, and subscribed their names together, as witnesses, in the presence of the said testator and at his request, and that he was then, according to the best of their discernment, of sane mind and sound and disposing memory. Whereupon, no objections being offered, and the evidence touching the premises maturely considered, and all needful inquiries made, it appears to the Judge of said Court, that the said instrument is proved, and ought to be allowed as the last will and testament of said deceased. It is therefore DECREED by the said Judge, that the same be approved, allowed, established and recorded, and have full force and effect as such accordingly, and that the execution thereof be committed and the administration of the estate of said deceased granted to the executrix above named, in manner and form by law in such case made and provided.
[signed] Sam[ue]l P P Fay J. Prob.
Countersigned J A Prescott Reg.[istrar]
11 Oct 1853 – Probate Court sets out Administration and Duties of Executrix
Commonwealth of Massachusetts
Middlesex ss. The Hon. S. P.P. Fay Esq., Judge of the Court of Probate in and for said county, to all, unto whom these Present shall come, —- Greeting
Whereas, by a decree, passed by the Honorable Judge of said Court, holden at Cambridge in and for said County, in the 11th day of October A. D. 1853 the instrument hereunto annexed, purporting to be the last will and testament of David Fuller late or Newton in the County, Yeoman deceased, who has while he lived and at the time of his decease, goods, chattels, rights, credits, or estate in said County, was proved, approved, and allowed, as that last will and testament of said deceased, and to have full force and effect as such, and execution thereof committed, and the administration of the estate of said deceased granted to Roxia Fuller the executrix therein named.
KNOW YE THEREFORE, that the said S. P.P. Fay Esq., Judge as aforesaid, by virtue of the power and authority in him vested by the laws of the Commonwealth aforesaid, doth hereby accordingly commit the execution thereof, and grant the administration of the estate of said deceased, all things the same concerning, thereof he died seized and possessed in said Commonwealth, unto the executrix named and appointed in the said will, well and faithfully to execute the same and to administer the estate of said deceased according thereto, in all things pursuant to law; who has accepted of the said trust, and given bond as the law directs, to pay the just debts & Legacies of the deceased and also to render a just and true account of her proceedings thereon, upon oath, when thereunto lawfully required.
In testimony whereof the said S. P.P. Fay Esq., Judge as aforesaid, hath hereunto set his hand and affixed his seal official, this eleventh day of October in the year of our Lord one thousand eight hundred and fifty three
[signed] S. P. P. Fay J. Prob.
Countersigned J. A. Prescott Reg.[istrar]
Middlesex ss. At a Court of Probate now holden at Cambridge within and for said County, on the eleventh day of October Anno Domini 185 3
I hereby Order Roxia Fuller the executrix of the last will and testament of David Fuller late of Newton in said County, Yeoman deceased, to make known her appointment and acceptance of said trust, by posting notification thereof in said town where said deceased last dwelt, and also by causing the same to be inserted three weeks successively in the Daily Evening Traveller a newspaper, printed at Boston within three months from this day, and make return if her doings hereon to the Probate Office, on oath, within twelve months from the date hereof.
[signed] S. P. P. Fay J. Prob.
12 Oct 1853 – Oath on Court Affidavit
I Roxia Fuller do testify and say, that I gave notice of my appointment to and acceptance of the trust of Executrix of the last will and testament of David Fuller late of Newton in the county of Middlesex, Yeoman deceased, testate, within three months from the eleventh day of October A.D. 1853 the time of said appointment, by causing notification thereof to be posted in public places in said Newton on the twelfth day of October A.D. 1853, and by publishing a notification thereof three weeks successively in the newspaper called Evening Traveller printed in Boston commencing on the twelfth day of October A.D. 1853, and the following is a try copy thereof, viz.
NOTICE is hereby given, that the subscriber has been duly appointed Executrix to the last will and testament of David fuller late of Newton in the county of Middlesex, Yeoman deceased, testate, an has taken upon her self that trust by giving bonds, as the law directs. All persons, having demands upon the estate of the said deceased are required to exhibit the same; and all persons, indebted to the sais estate , are called upon to make payment to Roxia Fuller ——- Ex. Tx.
And further I say not.
Roxia Fuller [signed]
MIDDLESEX ss. Newton Nov. 4 A.D. 1853
Personally appeared in the abovenamed Roxia Fuller of Newton and made oath that the foregoing affidavit by her subscribed was true: Before me Andrew H. Ward Jus. Peace
MIDDLESEX ss. Probate Office, Nov. 8th 1853
Received, filed and recorded. Attest. J.A. Prescott Register.
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.