John Fuller of Jay, Franklin, State of Maine, USA
Last Will written, 15 September 1838
Franklin County Probate Court
Reference: Case Number 12
Final Probate, 2 March 1841, Franklin County,
State of Maine, USA

(Born 1775   –    Died 1838)
(*John⁵, Thomas Jr.⁴, Thomas³, Jeremiah², John¹of Newton)

Transcribed June, 2018, by
Diana Spelman, Norwich, Norfolk, UK
Compiled by W L Fuller

Note: John Fuller was likely born in Massachusetts but does not appear in any History Books or the birth records of Newton. However, we know that this John Fuller 1775-1838:

1. Was a descendant of John Fuller of Newton because a direct male descendant has the same Y-DNA as several other proven direct male descendants.
2. Lived in Newton, MA because Samuel Jackson of Jay, shoemaker sold 50 acres of land in Jay, Maine to “John Fuller of Newton”, on 24 Sept, 1802. At the time John bought the land in 1802, Maine was part of Massachusetts until becoming its own State on March 15, 1820.
3. Was born 1775 and died 18 Sept 1838, in Jay and is buried in Jay Hill Cemetery in Jay, Maine, as shown on his gravestone.
4. His Will was written and signed by him 15 Sept 1838 and filed in the Probate Court Oct 2, 1838; therefore we know he died between Sept 15 and Oct 2 1838.

John married Elizabeth Paine, who was born 1783 in Truro, Barnstable County, Massachusetts and died in 1847 in Jay and was buried in Jay Hill Cemetery, Maine and had the following Children, all born in Jay and most are buried in Jay Hill Cemetery.

1. Daniel M. 1808-1887
2. Sarah H. 1810-1882 – m. Enos Phinney
3. Lydia B. 1812-1882 – m. John Axtell
4. Mary P. about 1814-1841
5. Elizabeth P. 1816-1843 – m. Micah Ross
6. Lucy 1818-1830
7. John Russell Jr. 1819-1893
8. Betsey P. about 1824-1858 – m. John Hanson    

*Our research has uncovered information on John’s life in Maine and many of his descendants, but we do not have a birth record and do not know the name of his parents. However, Deacon Thomas Fuller III, another descendant of John Fuller of Newton, who was born in Watertown, MA in 1764 also raised his family in Jay, died there 1844 and is also buried in Jay Hill Cemetery. This leads us to speculate that the two may have been brothers. As such, for genealogy purposes we have connected John as the brother of Deac. Thomas and therefore the son of Lieutenant Thomas Fuller Jr., b. 1738, Newton, MA and Hannah Kingsbury b. 1740, Needham, MA.   

2 October 1838   Will Filed with the Register of Probate Court (Book 3, Page 22)

In the name of God, Amen. I John Fuller of Jay in the County of Franklin and State of Maine husbandman Being now sound in boddy and mind. Yet considering my own natural frailty of life do no make, publish and declare this to be my last will and testament. My will is that after my boddy is decently intered and my Just debts paid

First, I give and bequeath unto my beloved wife Elisabeth Fuller all my household furniture including beds and beding and all other articles generally considered to be household furniture.

Secondly I give unto my son Daniel Fuller one hundred  dollars to be paid at the age of twentyone years.

Thirdly I give unto my daughter Elisabeth P. Fuller thirty five dollars out of my property not disposed of to be paid when she arrives at the age of twentyfive years or when she shall marry if she marries before that time.

Fourthly I give unto my daughter Betsy P. Fuller thirtyfive dollars to be paid to her when she arrives at the age of twentyfive years or when she shall marry if she marries before that time.

Fifthly I give unto my daughter Mary P Fuller thirtyfive dollars to be paid to her when she arrives at the age of twentyfive years or when she shall marry if she marries before that time.

Sixthly It is my will that my three daughters above named have the privilege of a home in my house so long as they remain single.

Seventh I give unto my two daughters Sarah H. Phinney & Lydia B. Axtell three dollars each to be paid in three years after my decease.

Eighth  It is my will that after paying out the above named sums my son John Fuller J[unio]r shall have all the residue and remainder of my property both Real and Personal (Provided the said John Fuller J[unio]r shall at his own expence make suitable provision and furnish for my beloved wife ^Elisabeth Fuller^ during her natural life a good and suitable maintenance during her natural life and a decent burial at her death) To have and to hold the same to him the said John Fuller J[unio]r his heirs and assigns forever.

Lastly, I do constitute and appoint Elisha Kyes sole Executor of this my last will and testament, in testimony                                                                                                      whereof

I have hereunto set my hand and seal this fifteenth day of September in the year of our Lord one thousand eight hundred and thirtyeight.

                                                                                    [signed] John Fuller

Signed and sealed by him the said John Fuller and by him declared to be his last will and testament, in our presence; and we, and each of us, in his presence and in the presence of each other, at the same time subscribed our names as witnesses [signed]

W[illia]m Eldridge
Jonathan Dascomb
Luther C Reynolds

4  December 1838   Will Presented and Court Approved and Allowed for Probate

State of Maine           County of  Franklin, ss.

At a Court of Probate held in Farmington within and for said County, on the fourth day of December  A.D. 1838

WHEREAS the foregoing instrument purporting to be the last Will and Testament of  John Fuller late of Jay in said County, yeoman deceased, has been presented for Probate by Elisha Kyes Esq[uire] the Executor therein named, and it appearing that due notice of the time and place of the intended Probate has been given to all interested therein, and Jonathan Dascomb, one of the subscribing witnesses being present here in Court have 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 he together with William Eldridge & Luther C Reynolds signed as witnesses thereto in the presence of each other and of the Testator, and that he was, to the best of  his judgment, of sound and disposing mind; and no objection being made to the Probate of said Will. All which being considered and understood, it is decreed by the Judge of said Court, that the said instrument be, and hereby is, proved, approved and allowed, as the last Will and Testament of the said deceased, and that it be recorded.                                   

                                                                        Thomas Parker        Judge

ATTEST:  H.A. Boardman   Register

4 December 1838   Court Names and Appoints the Executor

(Seal)       STATE OF MAINE    COUNTY OF FRANKLIN, ss:

 TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME.

The Honorable Thomas Parker Judge of the Probate of Wills, &c, in and for the said County of Franklin,

                                                                                                            Sendeth Greeting

KNOW YE, That at a Court of Probate this day held at Farmington within and for said County of Franklin, the last Will and Testament of John Fuller late of Jay  has been proved, approved and allowed, a copy of which and the Probate thereof is hereunto annexed; that Elisha Kyes  is therein named and appointed by the Testator,  Executor  of said Will, and has consented to take upon himself   that trust,  and has given a bond, with sufficient sureties as the law directs:-

I do, therefore, by virtue of the power and authority vested in my by the laws of said State, commit unto you the said Elisha Kyes Esq[uire] of Jay in said  County the execution of said will and the administration of all the estate of said deceased, whereof he died seized and possessed, well and truly to pay or cause to be paid, the debts and legacies of said deceased, and administer his estate according to law, and render a just and true account upon oath, of your proceedings, when thereunto lawfully required, and in all things according to law, and in fulfilment of the trust reposed in you, faithfully to discharge the duties of Execu[tor] of said will.

In Testimony whereof, I have hereunto set my hand and seal of office, this  fourth day of December in the year of our Lord one thousand eight hundred and thirty eight

                                                            Thomas Parker                       JUDGE

ATTEST: H. A. Boardman    REGISTER

4 December 1838  Court Gives Executor Instructions and Order of Notice

FRANKLIN ss: 

In Probate Court at Farmington in said County on the fourth day of December A.D. 1838

TO Elisha Kyes Esq[uire] of Jay

You having been duly appointed Executor of the last will & Testament of John Fuller late of Jay      in said County, deceased, are hereby directed to post notifications of your appointment to and undertaking said trust, within three months, in two public places in said Jay and also, within said time, cause the same to be inserted three weeks successively in the Kennebec Journal a newspaper printed in Augusta an affidavit of which, before the Judge of Probate, with a copy of the original notification, you are to make and file in the Probate Court of said County of Franklin, within seven  months from the date hereof, that the same may be there recorded, and when occasion shall require, used as evidence of the time, place and manner in which such notice has been given.

Given under my hand this fourth day of December A.D. 1838

                                                                        Thomas Parker Judge

NOTICE IS HEREBY GIVEN,  That the subscriber has been duly appointed Executor of the last Will & Testament of John Fuller late of Jay in the County of Franklin, deceased, testate and has undertaken that trust by giving bond as the law directs.  All persons, therefore, having demands against the estate of said deceased, are desire to exhibit the same for settlement; and all indebted to said estate are requested to make immediate payment to

Jay December 4 – 1838                       Elisha Kyes Executor

FRANKLIN ss: January 1st 1839 Elisha Kyes makes oath that within three months from the date of the above order, he posted two notifications, of which the above is a copy, in two public places in Jay in the County of Franklin, and caused the same to be inserted in the Kennebec Journal a newspaper printed at Augusta agreeably to the above order

BEFORE ME

                                                Thomas Parker    Judge of Probate.

4 December 1838  Bond/Assurances and Court Sets Out Duties of Executor

KNOW ALL MEN BY THESE PRESENTS   THAT WE         Elisha Kyes, James Starr & Jonathan Dascomb all of Jay in the County Franklin

within the State of Maine, are holden and stand firmly bound and obliged unto the Hon. Thomas Parker  Esquire, Judge of Probate of Wills, and granting Administrations, within the County of Franklin, in the full sum of one thousand dollars, to be paid unto the said Thomas Parker and his successors in the said office, or assigns:  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, for the whole and in the whole, firmly, by these presents.  Sealed with out seals.  Dated the fourth day of December Anno Domini one thousand eight hundred and thirty eight.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT IF THE ABOVE BOUNDEN     Elisha Kyes      Executor     of the last Will and Testament of John Fuller late of Jay, deceased, do make, or cause to be made, a true and perfect Inventory of all and singular the goods, chattels, rights and credits of the said deceased, which have or shall come into the hands, possession, or knowledge of the said Executor, or into the hands and possession of any other person or persons for him; and the same, so made, do exhibit, upon oath, into the Registry of the Court of Probate for the said County of Franklin, within three months from the date hereof; and the same goods, chattels, rights and credits, and all other the goods, chattels, rights and credits of the said deceased, at the time of his death, or which at any time after shall come to the hands and possession of the said Executor, or into the hands and possession of any other person or persons for him, do well and truly administer according to said Will: And further, do make, or cause to be made, a just and true account of his proceedings thereon, upon oath, within one year from the date hereof; then the above-written obligation to be void and of none effect, or else to abide and remain in full force and virtue.

SIGNED, SEALED AND DELIVERED
IN PRESENCE OF 

H. A. Boardman [registrar]

Elisha Kyes
James Starr
Jonathan Dascomb

Examined and Approved   Thomas Parker    JUDGE

10 December 1838   Inventory Of Estate

An inventory of the estate of John Fuller late of Jay in the County of Franklin, deceased, taken pursuant to the annexed Warrant

Real Estate

Personal Estate

Dated at Jay this tenth day of Dec 1838  [signed]

Silas Jones Jr.              )
Jonathan Duscomb    )  appraisers    
Luther C Reynolds     )

January 1, 1839   Court Accepts the Inventory

Franklin ss.  At a Court of Probate, held in Farmington within and for the County of Franklin on this  first  day of January  A. D. 1839.

Elisha Kyes Esq. Executor   of the Estate of  John Fuller   late of   Jay in the said County of Franklin, Yeoman, testate, deceased, returned the foregoing Inventory of the estate of the said deceased for acceptance, and having made oath that it is a just and true inventory of the goods and Estate of the said deceased, which has come to his hands or knowledge, and if any other property of said deceased shall hereafter come to his possession or knowledge he will make a true return thereof into the Probate Court: Whereupon I do accept the same and order it recorded.

[Signed]  Thomas Parker  Judge  

2 March 1841  Final Account of Executor and Court Distribution of Funds

First account of Elisha Kyes Executor of the last will and testament of John Fuller late of Jay deceased

[signed]   Elisha Kyes

At a COURT OF PROBATE held at Farmington, within and for the County of  FRANKLIN, on the First  Tuesday of March  A. D. 1841   [March 2, 1841]

The said Elisha Kyes  personally appeared in Court and made oath, that the charges and credits contained in the foregoing account are true, and due notice thereof have been given to all persons interested, pursuant to the order of Court, and no one appeared to object thereto, after examination of the vouchers; I do thereupon decree, that the same be allowed and recorded, and the balance thereof be distributed  as follows, to witness

[Signed]   Thomas Parker   Judge

Source

Maine County, District and Probate Courts.

Source Citation
Probate Records (Estate Files) 1838-1915, and Index 1838-1928; Author: Maine. Probate Court (Franklin County); Probate Place: Franklin, Maine

Source Information
Ancestry.com. Maine, Wills and Probate Records, 1584-1999 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.