Thomas Fuller of Newton, Province of Massachusetts Bay, New England
Last Will written, 1 November 1748
Middlesex County Probate Court
Reference: Case Number 8788
Probate, 28 November, 1748, Cambridge, Middlesex,
Province of Massachusetts Bay, New England
(Born 12 September, 1701 – Died 13 November, 1748)
(Thomas3, Jeremiah2, John1 of Newton)
Transcribed April 2016 by
Diana Spelman, Norwich, Norfolk, UK
In The name of God Amen The First day of November Anno Domini One Thousand Seaven Hundred and Forty Eight I Thomas Fuller of Newton in the County of Midd[lesex] in his Majesties Province of the Massachusets Bay in New England yeo[man] being Very Sick and weak in Body but of perfect mind and memory Thanks be given unto God, Therefore Calling to mind the mortallity of my Body and Knowing it is appointed for men once to Dye, Do make and ordaine this my last Will and Testament, That is to Say Principally and first of all I Give and Recommend my Soule into the hands of God who gave it Hoping through the merits and Satisfaction of my Saviour Jesus Christ to have full and free perdon and forgiveness of all my Sins, And to Inherit Eternall life. And my Body I Commit to the Earth to be Decently Buryed at the discretion of my Executors hereafter named, Nothing Doubting but at the Generall Resurrection I Shall Receive the Same againe by the Mighty power of God. And as touching Such Worldly Estate where-with it hath pleased God to Bless me in this life I Give Demise & dispose of the Same in the following maner and forme, That is to Say
First I Will that all those Debts and Dutyes that I do owe in Right or Conscience to any maner of person of persons Whatsoever Shall be well & fully contented and paid or ordained to be paid in Convenient Time after my Deceese by my Executors hereafter named.
(2) It[em] I Give and Bequeath unto my Well beloved Wife Elizebeth the Sole use profitt and Improvement of all my Reall and personal Estate Housing and lands and moveabels (Excepting So much of my lands as may be Sold by my Executors) She to possess it for Her owne Support and Comfort and for the bringing up of my Children, Her to Enjoy it untill my Eldest Son vi[delice]t Jeremiah arrives to the Age of Twenty one yeares. And then my Reall Estate to be divided in the maner and forme following, Vi[delice]t one Third part thereof to be Set of to my then Widow to be for the said Improvement Support and Comfort dureing the Time of Her Remaining my Widow. Also at the Same Time I Give Her One Horse, Two Cows, Ten Sheep, and one Swine and one Third part of All my Houshold Stuff and moveables Within Dores to be at Her owne dispose.
(3) It[em] my Will is that after the Third part of my Reall Estate is Set of to my Widow as above mentioned that then the
Carryed over
The Remaining Two Thirds thereof Shall be divided into foure Shares Equall in Quantity and Quallity, Which I Give and Bequeath unto my foure Sons Vi[delice]t Jeremiah, Thomas, Nathan and Benjamin Fuller Equally Betweene them. And also the s[ai]d Third part of my Reall Estate at the Deceese or Marriage of my Said Widow. And to be divided in the Same maner as above mentioned betweene my Said foure Sons And then the whole of my Said Reall Estate then Remaining to be to them and to theire Heirs and assignes for Ever, by them freely to be poss[ess]ed and Enjoyed. Moreover my Will is that at the Deceese or marriage of my Said Widow all my personal or moveabell Estate of what nature or Denomination Soever or wherever the Same or any part thereof may now or hereafter be found (that is not in these presence otherwise disposed of) Shall be divided to my Five forementioned Children Vi[delice]t foure Sons and one Daughter named Thankfull in equall proportion Betweene them.
(4) Itt[em] I Give and Bequeath unto my Eldest Son Vi[delice]t Jeremiah Fuller the Sum of Three Hundred pounds in good Bills of Creddit on Said Province of the old Tener or An Equivalent of the new Tenor and to paid him when my yongest Son Vi[delice]t Benjiamin arrives to the Age of Twenty two yeares
(5) It[em] I Give and Bequeath unto my Daughter Thankfull Fuller the Sum of Foure Hundred pounds in good Bills of Creddit on Said Province of the old Tenor or An Equivalent of the New Tenor to be paid Her at Her Marriage or At the Age of Twenty one yeares Which Soever happens first. Also I Give Her a Cow. Moreover I Give Her Two Hundred pounds in in[sic] good Bills of Creddit on S[ai]d Province of the old Tenor to be paid by my foure Sons Each of them Fifty pounds, At the Time when my yongest Son Vi[delice]t Benjamin Fuller arrives to the Age of Twenty Two yeares.
(6) And I do hereby Authorize and impower my Executors hereafter named to Sell and Allienate by a good Deed or Deeds So much of my Lands That the proceeds thereof Shall be Sufficient to pay all my just Debts Legacyes and mine & my Wifes Funerall Charges She deceesing my Widow. And I do hereby Constitute make & ordaine Elizebeth my beloved Wife & my Brother Josiah Fuller & Mr Abraham Fuller my only & Sole Executors of this my last Will & Testament. And do hereby utterly disalow Revoke and disanull all Every other former Testaments Wills Legacyes bequests & Executors by me in any wayes before this Time named Willed & Bequeathed Rattifying & Confirming this & no others to be my last Will and Testament.
Witness whereof I have hereunto Set my hand & Seale The day & yeare first above Written
John Colledg
Jonathan Fuller
Phinehas Bond
Thomas X Fuller his mark
Probate [28 November, 1748]
To all People to whom these Presents shall come Samuel Danforth Esq: Judge of the Probate of Wills &c in the County of Middlesex, within the Province of the Massachusetts Bay in New-England, sendeth Greeting.
Know Ye, That on the twenty eighth Day of November Anno Domini 1748 the Instrument hereunto annexed (purporting the last Will and Testament of Mr Thomas Fuller late of Newton in the said County, yeoman deceased) was presented for Probate by Elizabeth, Josiah & Abraham Fuller the Executors therein named; then present the three Witnesses thereto subscribed, who made Oath, that they saw the said Testator Sign, Seal and heard him declare the said Instrument to be his last Will and Testament, and that they subscribed their Names together as Witnesses to the Execution thereof in the said Testators Presence; and that he was then (to the best of their Judgment) of sound and disposing Mind:
I DO Prove, Approve and Allow of the said Instrument as the last Will and Testament of the before named deceased, and do commit the Administration thereof in all Matters the same concerning, and of his Estate whereof he died seized and possess’d in said County, unto them the before named Executors well and faithfully to Execute the said Will; and to administer the Estate of the said deceas’d according thereto; who accepted of their said Trust, and gave Bond for the faithfull Discharge of the same & I likewise order them to exhibit an Inventory of the s[ai]d Dece[ease]ds Personal Estate and they shall render an Account (upon Oath) of their Proceedings, when thereunto lawfully required.
IN TESTIMONY whereof I have hereunto set my Hand and Seal of Office, the Day and Year above Written.
[signed] S. Danforth
Inventory [19 December, 1748]
Given on Decemb[er] 19, 1748
A True Inventory of the Personall Estate of M[r] Thomas Fuller Late of Newton Deceas[e]d, as Shown to us by His Executors & Apprised by us the Subscribers in Old Tenor
In Apparel £33-13/- Cash £18-4/- Silver £3-0/- Books £4-0/- ………………………………………..£63-17-0
Arms £7-7/- Beds & Beding £143-3/- Woosted £9-11/- ……………………………………………………160- 1- 0
Table Lining £3-12/- Three Small Pieces of Cloth £3-10/-……………………………………………………7- 2- 0
Yarn £18-00/- Wool £22-8/- Tables £3-10/-………………………………………………………………….43-18 -0
Chests £6-0/- a Loom & Tackling £14-00/-……………………………………………………………………20- 0 – 0
Feahers 20/- Flax Comb £1-5/- Spining Wheels & real £3-3/-……………………………………………5- 8 – 0
Bags & Wallet £2-00/- Chairs £7-5/- Scales & Weights £1-7/-……………………………………………10-12- 0
Churn 10/- Cheese Press 20/- Chaiffen Dish 12/-……………………………………………………………….2- 2- 0
Pewter £26-3/- Brass £8-5/- Grid iron 15/- Spit 10/-……………………………………………………….35-13- 0
HandIron £6-10/- Tramels £1-10/- Iron Pot £1-5/-…………………………………………………………..9- 5- 0
Iron Kettle & Pot £1-8/- Fire Shovel & Tongs £1-10/-……………………………………………………….2-18- 0
Candle Sticks & Lamp 8/- Earthern ware 17/- Glass Bottles 22/-………………………………………..2- 7 – 0
Wine Glass 5/- Earthern ware 5/- a Tin Funnel 5/-…………………………………………………………..0-15- 0
Cyder Casks £17-4/- wooden Bottle 9/- wooden ware £1-4/-…………………………………………….18-17- 0
Tubs £3-17/- Shoe Leather £11-13/- Flax & Tore £2-8/-…………………………………………………..17-18- 0
Knives & Forks £1-2/- Sundry Small things £2-18/-…………………………………………………………4-00- 0
Moveables Abroad Six Cows £121-0/- one Heifer £15-0/-…………………………………………….136-00- 0
A Pair of Stears £17-0/- a Calf £6-0/- two Horses £33-0/-………………………………………………56-00- 0
Sheep £92-0/- Hogs £28-10/- Neet £5-0/- Cart ..pe £1-15/-…………………………………………..127- 5- 5
Cart & wheels £35-0/- Harrow £8-0/- three Plows £7-0/-………………………………………………..51- 0- 0
Sled 10/- Shovel 8/- Dung fork 12/- Grinstone 15/- Iron Bar £2-0/-……………………………………4- 5- 0
Axes £3-16/- Chains £3-0/- sundry Small things £7-18/-………………………………………………….15- 1- 0
Scythe & Scythe Tackling £5-3/- Cord wood £48-0/-………………………………………………………..53- 3- 0
Saddle & Bridle £2-0/- Plank £1-7/- Old Iron 11/-………………………………………………………………3-18-0
Joseph Fuller…..)…..Commitie………………………………Total……………………………………………….851-5- 0
Jonath[an] Fuller)…..all Sworn
Isaac Williams…)
Dorse
Middlesex Decemb[er] 26, 1748
Eliz[abeth] Fuller, Joseph Fuller & Abraham Fuller the Executors exhibited the within written Inventory on Oath
[signed] S. Danforth J. Prob.
Real Estate Inventory and Distribution, [14 November, 1758]
Province of Massachusetts Bay, New England, Middlesex
To: Samuel Livermore of Waltham: Thomas Greenwood, Mr Josiah Fuller, Capt. Jonathan Fuller & Mr Abraham Fuller of Newton in said County, & sufficient Free holding ~ Greeting.
Whereas Mr. Thomas Fuller late of said town Yeoman, in & by his last will and testament, (duly proven and approved) among other things ordered that one third part of his Real Estate should be set off to his widow, Elizabeth for her Improvement during her remaining his widow, and that the Remainder thirds should be divided into four shares equal for quantity and quality, to be among his four sons, vis. Jeremiah, Thomas, Nathan and Benjamin: and said third part, upon his said widows marriage to be divided in like manner among his said sons: ~ and whereas the said Elizabeth has lately intermarried [to a different faith] with Mr. Nathaniel Felch, and hereby the whole of the said Real Estate becomes subject to be Divided in proportion as aforesaid:
You are therefore hereby appointed & authorized to make Distribution of said Estate in manner & proportion as aforesaid among the said Deceased’s four sons abovenamed, that so Each may hold & enjoy his own in severalty.
When you go about your work let all the Parties concerned have notice to be present if they think of it: and if any Dispute arise about the quantity of any Parcel of Land, you may procure an anlost for the survey thereof and if all Parties are satisfyed with your Proceedings let them signifye the same by countersigning.
Finally, seal up this commission with your doings [signatures] thereon & return the same into the Probate of file for said County, as soon as conveniently may be. Given under my Hand & Seal of Office this fourteen Day of November A.D. 1758
[signature] S. Danforth J. prob.
Real Estate Inventory and Distribution, [19 February, 1759]
No 8788; Thomas Fullers Inventory; Fees p[ai]d 10/-; Lib 31 p[ag]e 105; Dec 26 1748
To the Hon[oura]ble Samuel Danforth Esq[uie]r Judge of the Probate for the County of Midd[lese]x &c
In Pursuance of a Commission from your Honour Bearing Date the 14th day of Nov[embe]r 1758 Directing us the Subscribers to make Distribution of the Estate belonging to the late M[iste]r Thomas Fuller of Newton Yeoman Deceased (Testate) to and Among his four sons Vi[delice]t Jeremiah, Thomas, Nathan & Benjamin having met on said affair, All Parties Concerned being Notified, have proceeded according to the Tenor thereof as follows Vi[delice]t
The Homestead Lying in Newton afores[ai]d Containing Seventy Nine Acres And two Roods,
we Value One Acre with another at Seven pounds ten Shillings P[e]r Acre…………………………….£596 – 5 – 0
The Dwelling House standing upon said Land we Value at……………………………………………………£50 – 0 – 0
The Barn also Standing upon said Land we Value at ……………………………………………………………£20 – 0 – 0
Another piece of Land being One third part of a four Acre lot of Salt Marsh Lying
in Cambridge, the Other two thirds belonging to Capt[ain] Joshua Fuller &
ensign Josiah Fuller (and is undivided) said lot is Bounded Easterly
by Charles River Southerly by Marsh Land of M[iste]r Jones Westerly
by a way Northerly [blank] which we Value at…………………………………………………………………….£8 – 18 – 0
………………………………………………………………………………….[Total]…………………………………… £675 – 3 – 0
Having thus perfected an Inventory we proceeded and made an Equal Distribution of said Estate in the Manner following Vi[delice]t
First we Divided and Set off to Jeremiah Sixteen Acres And ten Perches of land, Bounded Westerly by the land of Amos Bond Northerly by land hereafter Set off to Benjamin Easterly by a Road Southerly by land hereafter Set off to Thomas; Said piece of Land being Almost of a Parallelogrammick Form, and a Stake & Stones at Each Corner thereof and a Straight line from Corner to Corner; we also Set off to Jeremiah the East End of the House to the Middle of the Chimney and Entryway with the whole of the Leanter and west End of the Barn to the Middle of the Great floor with the Priviledge of Convenient room about (the) The House for laying of fire wood and repairing his part of the House and passing to the Well for water with the Priviledge of Drawing Water, and also the Priviledge of Convenient room about the Barn for yarding Cattle and laying Dung, and repairing his part of the Barn together with the Priviledge of Passing and repassing with Carts or otherwise from his Own land to said House and Barn as he shall have Occasion.
2dly We Divided and Set off to Thomas Nineteen Acres two Rods and twenty Perches Bounded Westerly by the land of Amos Bond, Northerly by land Set off to Jeremiah, Easterly by a Road, Southerly by land here after Set off to Nathan; said piece of land lying near the Same form of Jeremiahs. And there being a Stake and Stones at Each Corner and a Straight line from Corner to Corner, the House and Barn standing upon said land, we also have Set off to Thomas all the remainder of the Buildings (Only Excepting what is here before Set off to Jeremiah)
3dly We Divided and Set off to Nathan twenty three Acres three Rods and ten perches Bounded Westerly by the land of Amos Bond, Northerly by land Set off to Thomas, there being a Stake & Stones at the Northwesterly and Northeasterly Corners, Bounded Easterly by a Road, Southerly by land belonging to the heirs of Josiah Goddard Deceased; we also have Set off to Nathan all the Interest the aforenamed Thomas Fuller had in the before mentioned piece of Marsh Land lying in Cambridge.
4thly We Divided and Set off to Benjamin twenty Acres of land Bounded Westerly partly by the Land of Amos Bond and partly by the Land of Capt[ain] Joshua Fuller, Northerly partly by the land of Capt[ain] Joshua Fuller and partly by a Road, Easterly by a Road, Southerly by land Set off to Jeremiah; there being a Stake and Stones at the South Easterly and Southwesterly Corners. NB Amos Bond his heirs & assigns has the Priviledge of Passing with Carts in Some Convenient Place to his wood lot over Either of the before mentioned pieces of Land.
Newton, December 27th 1758
We the Subscribers Do Signify our Consent to the foregoing by Counter signing:
Jeremiah Fuller
Abr[aham] Fuller Guardian for Thomas, Nathan, Benjamin
Samuel Livermore )
Tho[ma]s Greenwood ) Com[mi]tie
Jonathan Fuller )
Middlesex – Feb[ruary] 19, 1759 I accept of the foregoing Distribution and order the same to be Recorded.
[signed] S. Danforth 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.