Josiah Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 20 Feb. 1824
Middlesex County Probate Court
Reference: Case Number 8777
Probate, 17 May, 1825, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 24 Oct. 1739 – Died 22 Mar. 1825)
(Josiah4, Josiah3, Jeremiah2, John1of Newton)
Transcribed by George Symonds Fuller
Compiled by W. L. Fuller
[Note: At the time when Josiah Fuller 1739-1825 wrote his Will in 1824, he was aware that his only living son Josiah Fuller 1785-1738, was deemed not capable of taking care of himself and in 1821, the Probate Court assigned him a guardian to care for and wind down his estate. He very carefully crafted this Will to give his daughters and grandchildren cash and land, and thoughtfully gave his remaining son specific items that would support his son’s welfare and certain items that he wanted to remain in the family. These specific items are shown in items 5 & 8 in this Will and are listed here:
- His wearing apparel, one feather bed, bedstead and bedding
- Household furniture to a value of $50
- Net Income from his estate not bequeathed, paid yearly during his natural life
- 3 + 7 = 10 Acres of Land in Newton
- His Pew in Rev. Greenough’s meeting house
- His Tomb in the West Parish Burying Ground
He stated specifically that the Land plus the Pew plus the Tomb were to remain the property of his son and his heirs and assigns forever.
The son’s Probate Records can be viewed on this website (Josiah 1821) … W. L. Fuller]
In the name of GOD Amen. I, Josiah Fuller of Newton in the County of Middlesex and Commonwealth of Massachusetts Esquire, being in the enjoyment of good bodily health and of sound disposing mind, but being advanced in age, and knowing with certainty that death must come and may come suddenly; therefore, for settling my worldly concerns and disposing of the property which is has pleased a kind providence to bestow upon me, I have made and ordained this my Last Will and Testament, herein and hereby explicitly declaring my whole will and pleasure respecting the future disposition of my estate.
And first, my soul, when divine providence shall require a separation from it’s earthly mansion, I humbly resign to him who gave it; and for my body, I order a decent Christian burial, at the discretion of my Executors hereafter named. After which my will is and I hereby ordain, that my Executors hereafter named, pay all my just debts and funeral expenses as soon as may be convenient after my decease.
2. I give and bequeath to my well beloved wife, the sum of Seven hundred Dollars to be paid to her by Executors hereafter named within three years after my decease, with interest on the same after one year, to be paid annually. Also my Chaise and Harness, and my horse if I have one at my decease, my Easy-chair, and as much of my household furniture as shall amount, at a just appraisement, to the sum of twenty five dollars, in such articles as she may choose; together with all the furniture and household stuff that she brought to me at our marriage. Also the improvement of my Pew in the Rev. Mr. Greenough’s Meetinghouse, situate on the broad ile [aisle]; all which is to be in lieu of Dower and in full of all claims upon my state.
3. I give and bequeath to my two daughters, Sally Winchester, wife of Amasa Winchester, and Anna Winchester wife of William Winchester, the sum of one Thousand dollars each, provided my personal estate shall amount to those sums, besides paying all my debts and expenses and what I have herein otherwise disposed of to be paid to them by my Executors, hereafter named, as soon after my decease as the same can conveniently be collected; which sums, with what I advanced to them at their marriage will amount to the sum of fifteen hundred dollars each.
4th. I give and bequeath to my Great Grand son Charles Alden, son of my grand daughter Anna Alden, the wife of William Alden, a certain piece of land containing about five acres, more or less, situate in said Newton on Pine plain, so called, bound southerly on land of Rev. Mr. Greenough – Westerly on land of William Alden – Northerly on land of Josiah Fuller Jr. and Easterly on land of Joseph Stone, to hold to him and his heirs and assigns forever.
5th. I give and bequeath to my grandson, Josiah Fuller, son of Josiah Fuller, Jr. a certain piece of land containing about three acres more or less situate in said Newton on pine plain aforesaid, bound Northerly on the town road – Westerly on land of my son Josiah Fuller, Jr. and Southerly on land of Enoch Smith and running to a point to hold to him and his heirs and assigns forever.
6th. I give and bequeath to my Grand children Joseph Fuller, William Fuller and Eliza Fuller, children of my deceased son Nathaniel Fuller my Pew situated on the west side of Rev. Mr. Greenough’s meeting house known by the name of Morse Pew. Also a certain farm or parcel of land situate in said Newton commonly called and known by the name of the Morse place and is bounded Easterly by land of the heirs of Timothy Jackson, Esq. Dec’d. Southerly by land of John Richardson, Esq., Westerly by land of David Fuller and Northerly by land of Marshal Spring and Severns, to hold to them and their heirs and assigns forever. And provided I shall sell said farm in my lifetime, then and in that case, I give and bequeath to my said grand children last named the sum of two hundred dollars each, to be paid to them by my Executors hereafter named in one year after my decease; and if either of my said grand children last named shall die before me or within one year after my decease, leaving no lawful issue, then my will is that the part of said deceased grandchild shall go to the survivor or survivors to be equally divided between them for their use and benefit forever.
7th. I give and bequeath to my grandchildren Griffin Fuller, Sarah Fuller, Anna Fuller, and Josiah Fuller, children of my son Josiah Fuller, Jr. the sum of two hundred Dollars each to be paid to them on their arriving to the age of twenty one years or at their marriage whichever shall first happen, by my Executors hereafter named; and if either of them shall die before they arrive to the age of twenty one years and unmarried, my will is that the share of such deceased grandchild shall go to and be divided between the survivors or survivor in equal shares for their use forever.
8th. I give and bequeath to my son Josiah Fuller, Jr. a certain piece of land situate in said Newton containing about seven acres more or less and bound Southerly by land of the heirs of Alexander Shepard, Dec’d and Easterly, Northerly and Westerly by lands of the said Josiah Fuller, Jr. Also my Pew in the Rev. Mr. Greenough’s meeting house, situate on the broad ile [Aisle]. Also my tomb situate in the burying ground in the West parish in said Newton, to hold the said piece of land, Pew and tomb to him the said Josiah Fuller, Jr. his heirs and assigns forever. The said Pew being subject to the use and improvement thereof by my said Wife during her life as aforesaid. Also I give and bequeath to my said son Josiah Fuller, Jr. all my wearing apparel, one feather bed, bedstead and bedding and such other articles of household furniture as he may choose to the value of fifty dollars upon a just appraisement thereof; my aforesaid wife first selecting such articles as she may choose to the value of twenty five dollars agreeably to the second articles in this my last Will and Testament.
9th. My Will is and I hereby ordain that the rest and residue of my real and personal estate wherever the same may be situated, and hereinbefore disposed of, be sold and disposed of at publick or private sale by my executors hereafter named, as soon after my decease as they shall deem expedient, who are hereby fully authorized and empowered to give good and sufficient deeds of the same, the proceeds thereof to be loaned on interest at their discretion.
10th. I give and bequeath to my said son Josiah Fuller, Jr. the net income of all my estate, real and personal, not herein before bequeathed and given away, to be paid to him yearly by my executors hereafter named during his natural life; and at his decease, my will is, that all said estate, the income of which is hereby given to my said son Josiah Fuller, Jr. shall be equally divided between his children Griffin Fuller, Sarah Fuller, Anna Fuller and Josiah Fuller, that he now has; and if either of said children shall die before their father, without leaving lawful issue, then my will is, that such deceased child’s part shall go to the survivors or survivor to be equally divided between them for their use and benefit forever. All my other grandchildren not herein particularly named I have otherwise provided for. And my will is and I hereby direct that my said son Josiah Fuller, Jr. shall have the use and improvement of my real and personal estate not herein disposed of and given away until such time as my Executors hereafter named shall sell and dispose of the same as they are above authorized and empowered to do.
11th. And lastly, I hereby nominate, ordain, and appoint Amasa Winchester of Boston in the County of Suffolk and Benjamin Fuller of Newton aforesaid and the survivor of them to be Executors and Executor of this my last Will and Testament.
In testimony whereof I have hereunto set my hand and seal this twentieth day of February in the year of our Lord one thousand eight hundred and twenty four.
Signed, sealed, published, pronounced
and declared by the aforesaid Josiah Fuller
as and for his last Will and Testament
in the presence of us who at his request,
and in his presence and in the presence of [signed] …..Josiah Fuller
each other have hereunto subscribed our
names as witnesses to the same. The words
“be” in the second line from the bottom of
the first page and the word “Dollar” in
the second and the word “years” in the first
lines from the bottom of the second page
being set interlined. [to clarify that these words were inserted into the original text before the Will was signed]
Silas Ross
Rufus Pratt
Amos Allen
Sources:
Fuller, George Symonds (1886 – 1959): Fuller Genealogy, 1959
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.