Nathan Fuller of Newton, Commonwealth of Massachusetts, USA
Last Will written, 13 Apr 1817
Middlesex County Probate Court
Reference: Case Number 8782
Probate, 3 Dec, 1822, Cambridge, Middlesex,
Commonwealth of Massachusetts, USA

(Born 3 Jun 1741   –    Died 21 Sept 1822)
(Nathan⁴, Thomas³, Jeremiah², John¹of Newton)

Transcribed September, 2016, by
Diana Spelman, Norwich, Norfolk, UK

In the Name of God, Amen.  I Nathan Fuller of Newton, in the County of Middlesex, and Commonwealth of Massachusetts, Esquire, considering the uncertainty of this mortal life, and being of sound and perfect mind and memory, blessed be Almighty God for the same, do make and publish this my last Will and Testament in manner and form following (that is to say)

First, I direct that all my just debts and funeral charges be paid out of my Estate by my Executors hereinafter named, as soon as conveniently may be after my decease.

Secondly, I give and bequeath to my beloved Wife Beulah all my Money, and Provisions of every kind, also all my Household furniture which shall be entirely at her disposal.  Also I give and bequeath unto her one hundred and four dollars each and every Year, to be paid her in quarter Yearly payments by Benjamin Fuller one of my Executors hereinafter after named during  the term of her natural life; Also I give unto her the improvement of the same part of my Dwelling house with the privileges, which I now improve, also my eight day Clock, Horse, Chaise & Sleigh, and as much Turf to be cut and housed as may be necessary for her use during the term of her natural life.

Thirdly, I give and bequeath to my Niece Beulah Bacon fifty dollars to be paid her, by her Brother Benjamin Fuller, one of my Executors hereinafter named, in one Year after my decease.

Fourthly, I give and bequeath to my Nephew Leonard Fuller five dollars to be paid him by his Brother Benjamin Fuller one of my Executors hereinafter named, in three Years after my decease.

Fifthly, I give and bequeath to my Nephew Nathan Fuller forty five dollars to be paid him by his Brother Benjamin Fuller, one of my Executors hereinafter named in five Years after my decease.

p2)

Sixthly, I direct that after the death of my beloved Wife Beulah, she be decently buried, and her funeral be provided and paid for, by Benjamin Fuller one of my Executors herein-after named.

Seventhly, I give, bequeath and devise to my Nephew Benjamin Fuller, his Heirs and Assigns forever, all my real estate whatsoever, and wheresoever the same may be situated & found, together with the rest, residue, and remainder of my Personal estate whatsoever, to hold to him the said Benjamin Fuller, his Heirs and Assigns forever, after the death of my beloved Wife Beulah, he paying the several legacies which in this my last Will & Testament I have directed to be paid to the several Legatees at the times specified aforesaid.

Lastly, I hereby appoint my Nephew Benjamin Fuller, and Mr Joseph Jackson Executors of this my last Will and Testament, hereby revoking all former Wills by me made.

In Witness whereof I have hereunto set my Hand and Seal the thirtieth day of April, in the Year of our Lord one thousand eight hundred and seventeen.

Signed, sealed, published and
declared by the above named
Nathan Fuller to be his last                                       [Signed] Nathan Fuller
Will and Testament in the presence
of us, who at his special request
have hereunto subscribed our
Names as Witnessed in the
presence of the Testator:
Nath[anie]l R. Whitney
Luke Bemis
Thaddeus Cole

[Note on file not dated]
To the Hon[orable] Samuel P P Fay Judge of the Probate of Wills for the County of Middlesex
It being inconvenient for me to discharge the Duties of an Executor to the foregoing Will, I hereby signify to Your Honor that I decline the Trust.
[Signed] Joseph Jackson

Probate:   Middlesex County, Cambridge 3 Dec, 1822

Commonwealth of Massachusetts

Middlesex ss.  At a Court of Probate, holden at Cambridge, in and for said county, on the third day of December in the year of our Lord one thousand eight hundred and twenty two

THE foregoing instrument, purporting to be the last will and testament of Nathan Fuller late of Newton in said county of  Middlesex, Esquire deceased, having been duly presented for probate to the Judge of said court by  Benjamin Fuller, one of  the executors therein named, ^Joseph Jackson the other Ex[ecut]or having declined the trust,^ and the heirs at law and legatees of the said deceased, and others interested in his estate, having been cited and duly notified of the time and place assigned for taking the same into consideration: & Nathaniel R Whitney,  Luke Bemis & Thaddeus Cole three     credible witnesses thereto, now appear before the Judge of said court, and make oath, that they 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 they, [deleted: with  another credible witness, then also present, who is now ] 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 fully proved, and ought to be allowed at 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 executor above named, in manner and form by law in such case made and provided.

[signed] Sam[ue]l P P Fay        J. Prob.

Countersigned    Isaac Fiske [registrar]

Inventory:

An Inventory of the estate of Nathan Fuller late of Newton in the county of Middlesex Esq[uire] Deceased appraised upon oath by us the subscribers duly appointed to that trust by the Hon[orable] Sam[ue]l P P Fay Esq[uire] Judge of the Court of Probate for said County, viz

Real Estate

Newton October 28^th 1822”

[Signatures]
Mathew Collins )
Henry Craft        )    Appraisers
Daniel Jackson )

Commonwealth of Massachusetts.

Middlesex SS. At a Court of Probate, holden at Cambridge in and for said County, the 14th day of Jan[uar]y A.D. 1823

The foregoing [Inventory] having been duly returned, and this day exhibited, on oath, by Benjamin Fuller the Executor of the last will & testament of said deceased, as a true and perfect inventory of all the estate of said deceased, that has hitherto come to his hands, possession, or knowledge; and the said Fuller having made oath, that if any further estate of said deceased shall hereafter come to his possession or knowledge, he will render a just and true account thereof into the Probate Office, to be of record herewith; it is therefore decreed by the Judge of said court now here, that the same be and it is hereby accordingly accepted, and order to be recorded.

[signed] Sam[ue]l P P Fay     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.