Josiah Fuller of Newton, Commonwealth of Massachusetts, USA
Petition before the Probate Court, 31 October 1848
Middlesex County Probate Court
Reference: Case Number 32366
Final Probate, 11 June 1850, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA
(Born 25 Dec 1815 – Died 7 Oct 1848)
(Josiah6, Josiah5, Josiah4, Josiah3, Jeremiah2, John1of Newton)
Transcribed October, 2018, by
Diana Spelman, Norwich, Norfolk, UK
Compiled by W L Fuller
[Note: Josiah IV Fuller 1815-1848, 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. Massachusetts vital records and history books as follows:
Wife – Cordelia M. Stevens b., about 1813 died 1892 – married, 1836, Newton, MA
Children
John Stevens Fuller (1838-1918) married 1863. Mary A. Wetherbee
William Ezra Fuller (1841-1890) married 1863 Lucy J. Wetherbee
George Greenough Fuller (1845-1899) married 1869, Abby S. York
[The headers with dates prior to each document were inserted by me……. W L Fuller]
October 31, 1838 Petition the Court by Cordelia M. Fuller
To the Honorable [blank] Judge of the Court of Probate for the County of Middlesex in the State of Massachusetts;
The undersigned Cordelia M Fuller, widow of Josiah Fuller late of Newton, in said County of Middlesex, yeoman, deceased, intestate, hereby renounces her right to administer upon the Estate of her said late husband, and respectfully prays that Letters of Administration upon said Estate may be granted to John Stevens of Boston in the County of Suffolk and said State of Massachusetts.
Cordelia M Fuller [signed]
October 31, 1838 Petition the Court by John Stevens
To the Honorable S P P Fay Esq., Judge of the Court of Probate, in and for the County of Middlesex.
THE Memorial of John Stevens of Morton in the County of Suffolk, Esquire
Respectfully represents
That Josiah Fuller, yeoman who last dwelt in Newton in said County of Middlesex, within six months last died intestate, possessed of goods and estate remaining to be administered, having a widow & three children only who are all minors; that the widow has declined the administration of his estate, and that your Petitioner should have appointed to that trust
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 admin[istrator] in manner and form as the law in such case provides.
John Stevens
October 31, 1838 Court Appoints John Stevens as Administrator
Commonwealth of Massachusetts.
Middlesex ss.
At a Court of Probate, holden at Framingham in and for said county, on the thirty first day of October A. D. 1848
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 admin[istrator] and is eligible thereto:
It is therefore Decreed by me, the said Judge, that the said Memorialist be appointed admin[istrator] he giving bond with sufficient sureties for the 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 the 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. J P P Fay J. Prob.
December 5, 1848 – Court Accepts Oath on Affidavit
I John Stevens do testify and say, that I gave notice of my appointment to and acceptance of the trust of Administrator upon the Estate of Josiah Fuller late of Newton in said county of Middlesex, yeoman deceased, intestate, within three months from the thirty first day of October A.D. 1848 the time of said appointment, by causing notifications thereof to be posted in said Newton on the third day of November A.D.1848, and by publishing a notification thereof three weeks successively in the newspaper called the American Traveller printed in Boston commencing on the seventeenth day of November A.D. 1848, 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 Josiah Fuller late of Newton in the county of Middlesex, yeoman deceased, intestate, and has taken upon him 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 said estate, are called upon to make payment to
John Stevens Administrator
Newton October 31st 1848 And further I say not.
John Stevens
MIDDLESEX SS. In Probate Court December 5th 1848
Personally appeared the abovenamed John Stevens 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.
S P P Fay J. Prob
October 31, 1848 – Bond/Obligation of Administrator
KNOW all men by these presents, That
WE John Stevens of Boston in the County of Suffolk, Esquire as principal & Jonathan Whuton of Cambridge in the County of Middlesex Esquire as surety
and all within the Commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto Samuel P.P. Fay, Esquire, Judge of the Court of Probate in and for the County of Middlesex, in the full sum of five thousand dollars, to be paid to the said Samuel P.P. Fay, 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 out seals. Dated the thirty first day of October in the year of our Lord one thousand eight hundred and forty eight.
The condition of this obligation is such, that if the above-bounden John Stevens who has this day been appointed administrator of the estate of Josiah Fuller late of Newton in the County of Middlesex yeoman 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 at any time come to the possession of the said administrator or to the possession of any other person or persons 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 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 John Stevens
E M Train Jonathan Whuton
Middlesex ss. Oct[obe]r 31st 1848 Examined, approved, and ordered to be recorded.
S.P.P. Fay J. Prob.
October 31, 1848 – Court Warrant to Appoint Inventory Committee
Commonwealth of Massachusetts.
Middlesex ss.
The Honorable Samuel P.P. Fay, Esq., Judge of the Court of Probate in and for the county of Middlesex aforesaid,
To Stephen W Trowbridge, Ezra Fuller & Jacob Adams
Greeting.
YOU are hereby appointed and empowered, as three suitable persons to take an inventory of all the estate whereof Josiah 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 deceased 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 themselves that trust.
Witness the said SAMUEL P.P.FAY, Esq., Judge as aforesaid, under his hand and seal official, this thirty first day of October in the year of our Lord one thousand eight hundred and forty eight
S P P Fay J. Prob.
Countersigned Isaac Fiske Reg.
Middlesex ss. Nov 10 A.D. 1848
THEN the abovenamed Stephen W Trowbridge personally appeared and made oath, that he would faithfully and impartially discharge the trust reposed in him by the foregoing warrant. Before me, William Jackson Justice of the Peace
Middlesex ss Nov 10th 1848
Then the above named Ezra Fuller and Jacob Adams personally appeared and made oath that they would faithfully and impartially discharge the trust reposed in them by the foregoing Warrant Before me Stephen W Trowbridge
Justice of the Peace
November 21, 1948 – Inventory Accepted by the Court
Inventory of the Estate and effects which were of Josiah Fuller late of Newton in the County of Middlesex and State of Massachusetts, yeoman, deceased, intestate, as made by the Administrator upon said estate for the purpose of Appraisement and return thereof to the Probate Court of said County.
| Household Furniture | |
| 1 Canvas Carpet 25 y[ar]ds on parlor and entry | 6.25 |
| 1 hair Cloth sofa | 5.00 |
| 8 Cane seat Chairs | 3.50 |
| 1 Card Table & Cloth thereon | 5.00 |
| 1 Looking Glass | 5.00 |
| 1 Piano Forte & Cloth thereon | 100.00 |
| 1 Music Stool | 2.00 |
| 1 parlor Stove | 1.00 |
| 1 Hearth Rug (homemade) | .75 |
| 1 Hearth Brush | .25 |
| Crockery in parlor Closet & glass ware in same | 8.00 |
| 2 p[ai]r Mantle vases | 1.00 |
| Sundry table linen | 2.50 |
| 1 Canvas Carpet on kitchen floor 25 y[ar]ds | 3.00 |
| 1 kitchen dining table | 1.00 |
| 1 pine table | .50 |
| 1 Clock | 2.00 |
| 1 small cooking Stove and appurtenances | 4.00 |
| 1 round table | .25 |
| Amounts carried forward 151.00 | |
| p2 Amount brought forward 151.00 | |
| 8 kitchen chairs | 1.00 |
| 1 rocking Chair | .50 |
| Crockery in kitchen closet &c &c general contents | 2.50 |
| 12 Tea + 4 Table silver Spoons | 10.00 |
| 1 Cooking Stove and appurtenances in workroom | 3.00 |
| 2 childrens chairs | .50 |
| 1 Stair Carpet 13 y[ar]ds &c [illegible word in later hand] | 2.50 |
| 1 Crib | 2.00 |
| 1 basket Cradle | .50 |
| 1 Child’s Wagon | .50 |
| 1 Chamber Carpet 25 y[ar]ds | 5.00 |
| 1 Cord Bedstead Bed & bedding in front Chamber | 16.00 |
| 1 Mahogany Bureau | 3.50 |
| 1 painted Washstand &c Toilet set | 1.25 |
| 1 painted dressing Table | .50 |
| 1 Looking Glass | .75 |
| 1 Clock | 7.50 |
| 4 painted Chairs | 1.00 |
| 1 Mahogany Work Table | 2.00 |
| Lot of Books | 1.00 |
| 1 Easy Chair | 1.50 |
| 1 Stove | 2.00 |
| Wearing Apparel of the deceased | 20.00 |
| 1 Sacking bottom Bedstead, Bed & bedding in bedroom | 10.00 |
| 10 y[ar]ds Carpeting | 1.00 |
| 1 painted washstand & part of Toilet set | .50 |
| Amount carried forward 247.50 | |
| p3 Amount brought forward 247.50 | |
| 1 painted dressing table | .50 |
| 1 Corded Bedstead, Bed & bedding (kitchen chamber) | 6.50 |
| 1 Trundle Bedstead, Bed & bedding | 3.50 |
| [Subtotal] 258.00 | |
| Personal Estate | |
| one market wagon | 65.00 |
| one pleasure wagon and harness | 60.00 |
| one sleigh, string of bells and Buffalo skin } | 10.00 |
| one pung } | |
| [Subtotal] 135.00 | |
| [Total] 393.00 | |
| Claims | |
| Esra Fuller’s Note of August 5/42 payable on dem[an]d with interest from date for 936$ | |
| Benjamin Jenison’s Note of Feb[rua]ry 25/45 payable in two years from date with interest annually for 500$ | |
| Elijah Green Jr’s Note of July 28/46 payable in 3 years from date with interest semi annually for $2000 | |
| Arad Moore’s Note of January 12/48 payable on demand with interest from date for 200 $ | |
| Claim upon Esra Fuller for services rendered of
– deceased and his family, carrying on farm &c &c – such services being rendered under the agreement and understanding of the parties that the deceased his heirs and assigns should inherit the Estate of which said Esra should die seised by [a] Will |
|
| Real Estate | |
| one lot of land situate in North Chelsea in the County of Suffolk and State aforesaid, being lot No. 14 on the plan No.1 of the Yeaman’s farm which is recorded with said Suffolk County deeds book 534 page 135 said lot containing as per said plan one acre and eighty five rods square measure |
500.00 |
We the undersigned appraisors to whom the annexed warrant is directed, having been first duly sworn according to law hereby certify the aforegoing to be a true Inventory of the Estate and effects of said Josiah Fuller as shown to us by said Administrator and the value thereof according to our best skill and judgement is thereto affixed
November 10, 1848
Stephen W Trowbridge }
Ezra Fuller } Appraisors
Jacob Adams }
Middlesex ss. Nov 21 A. D. 1848
The Inventory of the estate of the said Josiah Fuller dec[ease]d having been duly exhibited by John Stevens the adminis[trato]r of the estate of the said deceased amounting in Real Estate to $500.00 and in personal estate to $ 393.00, and the said adminis[trato]r having made oath that the same is a true and perfect Inventory of all the estate of the said deceased that has come to his possession or knowledge, it is ordered that the same be accepted and filed, and this decree thereon together with the warrant be recorded.
S P P Fay J. Prob. [signed]
May 21, 1850 – Court Accepts Petition from Wife and Grants an Allowance
To the Hon. Samuel P.P. Fay Esquire, Judge of the Court of Probate in and for the County of Middlesex.
THE petition of Cordelia Maria Fuller of Newton in said County, widow,
Respectfully shows, that Josiah Fuller whose estate is in the courts of settlement in said County of Middlesex, lately died intestate, possessed of certain personal estate, that your Petitioner was the lawful wife of the said deceased at the time of his death, and is now his widow, and
is entitled to a reasonable allowance out of his personal estate, in addition to the specific articles which by law she is allowed to retain & have.
Wherefore your Petitioner prays, that your Honor would allow her such part of the personal estate, aforesaid, of said deceased, as you shall judge necessary for her situation and the immediate use of herself and the family under her care, pursuant to the Law in such case made and provided.
[signed] Cordelia Maria Fuller
Commonwealth of Massachusetts.
MIDDLESEX SS. At a Court of Probate holden at Cambridge in and for said County on this 21st day of May A.D. 1850
UPON the foregoing Petition, having made all needful inquiries relative thereto, it appears to me, the Judge of said Court, that the said Cordelia M Fuller is entitled to a reasonable allowance out of the personal estate of said deceased, as therein prayed for. It is therefore decreed, that the sum of four hundred dollars be allowed to her out of the personal estate of said deceased; and the same shall not be taken as assets in the hands of the Administrator for the payment of debts or charges of administration.
J P P Fay J Prob. [signed]
June 11, 1850 – Court Accepts the Account of the Administrator
Dr. The first account of John Stevens, in his capacity of Administrator upon the goods & Estate which were of Josiah Fuller late of Newton in the County of Middlesex, Yeoman, deceased intestate.
| The said Administrator charges himself as follows were of Josiah Fuller late of Newton in the County of Middlesex, yeoman, deceased intestate Cr. | |
| With the value of the household Furniture of said deceased as per Inventory returned to Probate Court | 258.00 |
| With the value of the items denominated “Personal Estate” as per said Inventory | 135.00 |
| With the value of Benj[ami]n Jenison’s Note of February 25/45 payable in two years from date for the principal sum of 500$ and interest thereon 2 y[ea]rs 2 mo[nths] & 26 days to May 21/50 | 567.16 |
| With the value of Elijah Green Jr’s note of July 28/46 for payable in three years from date for the principal sum of $2000 and interest thereon 1. yr 9 mos 23 days to May 21/50 | 2217.67 |
| With the value of Arad Moore’s Note of January 12/48 for the principal sum of 200$ payable on demand with interest thereon 2 y[ea]rs 4 mo[nths] 9 d[a]ys | 228.30 |
| With this sum received of W[illia]m Greenough Esq[uir]e for rent of lands at Chelsea after deducting taxes levied in said town of Chelsea | 7.22 |
| [Subtotal] $3413.35 | |
| [Paid Out] | |
| And the said Administrator prays allowance as follows viz | |
| For this sum paid the Appraisers of the Estate of said deceased as per bill | 6.00 |
| ” ” ” Advertising notice of Appointment as administ[rato]r | 1.25 |
| ” ” ” Doct[or] Hosmer as per bill | 29.75 |
| ” ” ” Town of Newton for Tax of year 1848 | 22.59 |
| ” ” ” same ” “” 1849 | 12.90 |
| ” ” ” Allowance to the widow per order of the Court | 400.00 |
| ” ” ” Advertising order of notice on this account | 2.00 |
| ” ” ” Allowed the Administrator for services settling said Estate | 110.33 |
| [Distribution] | |
| ” ” ” paid Cordelia Maria Fuller the widow of said deceased her distributive share of the balance of this account as per receipt | 943.09 |
| ” ” ” paid John Stevens, guardian of John S Fuller
William C Fuller and George G Fuller the same being the distributive share of said Minors in and to the balance of this account Subject to distribution |
1886.19 |
|
[Sub – Distribution] 2829.28 |
|
|
[Total Paid Out] $3713.35 |
May 21st 1850
John Stevens Administrator [signed]
Middlesex ss. In Probate Court at Cambridge June 11, 1850
All persons interested in the above account have been duly cited & no objections made thereto & have seen the amount is supported by proper Vouchers & have acknowledged said amount , it is decreed that the same be allowed
F P S Fay JProb. [signed]
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.