Gustavus Fuller of Newton, Commonwealth of Massachusetts, USA
Petition before the Probate Court, 15 April 1856 
Middlesex County Probate Court
Reference: Case Number 32354
Final Probate Record, 24 June 1856, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA

(Born 2 December 1821   –    Died 7 April 1856)
(Gustavus⁷, Nathaniel⁶, Nathaniel⁵, Josiah⁴, Josiah³, Jeremiah², John¹of Newton)

Transcribed February, 2019, by
Diana Spelman, Norwich, Norfolk, UK
Compiled by W L Fuller

[Note: Gustavus Fuller 1821-1856, died intestate (without a Will) and below are his Probate Court Records (transcribed) which reveal much about his life. He was a Carriage and Harness maker by trade and left no widow or children upon his death. His father was Nathaniel Fuller (1788 – 1859) who was a resident of Framingham, Massachusetts at the time, and in fact died in that town, and declined the offer of being named, Administrator, of his son’s Estate. Gustavus left a healthy estate valued at over $4000. The headers with dates prior to each document were inserted by me……W L Fuller]

15 April 1856  Petition the Court by Nathaniel Fuller

TO THE HON. William A Richardson Judge of the Court of Probate, in and for the County of Middlesex.

IT being inconvenient for me to administer on the estate of Gustavus Fuller late of Newton deceased, intestate, I do hereby signify the same to our Honor, and request that

C.C. Esty of Framingham in said county may be appointed to that trust.

Dated at Newton  the 15. day of April A.D, 1856.   Nath[anie]l Fuller

15 April 1856 Court names an Administrator of the Estate

To the Honorable  William A Richardson   Esquire, Judge of the Court of

Probate, in and for the County of Middlesex.

THE Memorial of C.C. Esty of  Framingham in said County, Esquire

Respectfully represents

That Gustavus Fuller who last dwelt in Newton in said County of Middlesex, within one

month last died intestate, possessed of goods and estate remaining to be administered, leaving no widow  nor  issue  but leaving a father Nathaniel Fuller of said Newton, who declining to administer upon this Estate, as appears by the certificate signed by said Nathaniel Fuller hereto annexed but desires the appointment of your memorialist

That the said Memorialist is ready to give Bond, with sufficient sureties, for the due performance of said trust: Wherefore your Memorialist prays, that he may be appointed Administrator on the estate of said deceased, in manner and form

                                    C.C. Esty

The undersigned being all Parties interested in the foregoing Petition, desire the same may be granted.

[blank]

Commonwealth of Massachusetts.

Middlesex ss.

At a Court of Probate, holden at Cambridge  in and for said County, on the  fifteenth day of  April  D.A. 1856   by adjournment from March 18. 1856

THE foregoing Memorial being read and fully understood, and all needful inquiries made relative thereto, it appears to me, the Judge of said Court, that the declarations therein contained are true, and that the Memorialist is a suitable person to be appointed to the said office of Administrator on said estate and is eligible thereto:

It is therefore Decreed by me, the said Judge, that the said Memorialist be appointed Administrator on said estate he giving bond with sufficient sureties for the due performance of said trust, in manner and form as the law in such case provides:

And it is Ordered, that the said Memorialist exhibit upon oath into the Court of Probate, in and for said County, a true and perfect inventory of all and singular the real estate, goods, chattels, rights, and credits of the said deceased within three months from the date hereof.

                                    William A Richardson  J. Prob.

15 April 1856, Bond / Court Appoints Administrator

KNOW all men by these presents, That

WE        C.C. Esty of Framingham in the County of Middlesex as Principal, Dexter Esty and Alexander R Esty  of said Framingham as sureties, and all within the Commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto  William A Richardson, Esquire, Judge of the Court of Probate in and for the County of Middlesex, in the full and just sum of Ten thousand dollars, to be paid to the said [deleted: S. P.P. Fay] ^William A Richardson^, and his successors in 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 the fifteenth day of April in the year of our Lord one thousand eight hundred and fifty – six

The condition of this obligation is such,  that  if the above-bounden  C.C. Esty who has this day been appointed administrator of the estate of Gustavue Fuller late of Newton in the County of Middlesex,  Carriage and Harness maker  deceased, do make and return into the Probate Court of said County of Middlesex, within three months from the date hereof, a true inventory of all the real estate, and all  the goods, chattels, rights, and credits of the said deceased, which have or shall come to the possession or knowledge of the said administrator; and shall administer according to law all the goods, chattels, rights, and credits of the said deceased, and the proceeds of all his real estate that may be sold for the payment of his debts, which shall at any time come to the possession of the said administrator, or to the possession of any other person for him; and shall render upon oath a true account of his administration, within one year from the date hereof, and at any other times when required by the Judge of Probate of said County of Middlesex;  and shall pay any balance remaining in his hands upon the settlement of his accounts of administration to such persons as the said Judge of Probate shall direct, and moreover shall deliver the letter of administration upon said estate into the Probate Court of said County of Middlesex, in case any will of the said deceased shall be hereafter duly approved and allowed: Then the above-written obligation shall be void, and of none effect, or else shall abide and remain in full force and virtue.

Signed, sealed, and delivered in presence of                         C.C. Esty  

                                                                                                Dexter Esty

Phineas G Rise                                                                        Alex R Esty

Middlesex ss.          April 15, 1856  Examined,     approved, and ordered to be recorded.

                                    William A Richardson       J. Prob.

24 June 1856  Court Accepts Declaration from the Administrator

I  C.C. Esty do testify and say, that I gave notice of my appointment to and acceptance of the trust of Administrator of the estate of Gustavus Fuller late of Newton in said County of Middlesex, Carriage & Harness Maker deceased, intestate, within three months from the 15 day of April A.D. 1856 the time of said appointment, by causing notifications thereof to be posted in public places in said Newton on the 13 & 14 days of May A.D.  1856, and by publishing a notification thereof three weeks successively in the newspaper  called the Massachusetts Ploughman printed in  Boston  commencing on the 3d day of May A.D., 1856, and the following is a true copy thereof, viz:

NOTICE is hereby given, that the subscriber has been duly  appointed Administrator to the estate of Gustavus Fuller late of Newton in the county of Middlesex, Carriage & Harness Maker deceased, intestate, and has taken upon himself 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 said estate, are called upon to make payment to Framingham April 13 1856   C.C.Esty  Adm[inistrator]

                                    And further I say not.                         C.C.Esty

MIDDLESEX SS.  In Probate Court June 24A.D., 1856.

Personally appeared the abovenamed C.C.Esty  and made oath that the foregoing affidavit by him subscribed was true:– And, it being made within the time limited by law, to perpetuate the evidence of said notice, I order that the same be recorded.                                           William A Richardson   J. Prob.

MIDDLESEX ss. Probate Office, June 24th 1856.    Received, files and recorded.

Attest,  [blank]  Register

15 April 1856, Court Appoints an Inventory Team

Commonwealth of Massachusetts.

Middlesex, ss.

The Honorable  William A. Richardson, Esq., Judge of the Court of Probate in and for the county of Middlesex,  aforesaid,

To  J W Plympton and Joseph Stone of Newton and George Trowbridge of Framinghamall of said county                                                                                                Greeting.

YOU are hereby appointed and empowered, as three suitable persons to take an inventory of all the estate whereof Gustavus Fuller late of Newton in said county of Middlesex, died seized and possessed in the Commonwealth aforesaid; and, according to your best skill and judgment, 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, to the Administrator of the Estate of the said Fuller who is hereby accordingly directed so to return and exhibit the same, on oath, into the Probate Court of said County of Middlesex, within three months from the time of taking upon himself  that trust.

Witness the said William A Richardson, Esq.,  Judge as aforesaid, under his hand and seal official, this fifteenth day of April in the year of our Lord  one thousand eight hundred and fifty- six

                                    William A. Richardson J   . Prob.

Countersigned,  J  A  Prescott  Reg.

18 April 1856 Inventory of the Estate Submitted to the Court

Schedule of the Estate of Gustavus Fuller late of Newton deceased as appraised by the subscribers duly appointed for that purpose. April 18th A.D. 1856.

Joseph W Plimpton     }
Joseph Stone               }   Appraisers
Geo. Trowbridge         }

24 June 1856, the Court Accepts the Inventory of the Estate

Middlesex, ss.  April 18th A.D. 1856.

THEN the abovenamed   J W Plympton, Joseph Stone and George Trowbridge personally appeared and made oath, that they would faithfully and impartially discharge the trust reposed in them by the foregoing warrant,

                                    Before me,  Joseph Fuller  J. Peace.

Pursuant to the foregoing warrant, to us directed, we have appraised said estate as follows, to wit:—

Amount of Real Estate, as per schedule exhibited, $ 4,000.-

Amount of Personal Estate, as per schedule exhibited, $ 787.13

            Joseph W. Plimpton }
            Joseph Stone           }  Appraisers
            Geo. Trowbridge     }

Dated April 18  A.D. 1856

Middlesex, ss.  June 24 A.A. 1856.

The foregoing Inventory of said estate having been duly exhibited by C C Esty the Administrator thereof, and he having made oath that the same is a true and perfect Inventory of all said estate that has come to his possession or knowledge, it is ordered that the same be accepted.

                        William A. Richardson    J.  P.

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.