John Fuller of Newton, Province of Massachusetts Bay, New England
Last Will written, 27 June 1713
Middlesex County Probate Court
Reference:  Case Number 8746
Probate, 27 February 1720/1, Cambridge, Middlesex,
Province of Massachusetts Bay, New England

(Born 1645   –   Died 21 Jan. 1720/1)
(John²,  John¹ of Newton)

Transcribed 2012 by
Wayne L. Fuller, Don R. J. Fuller & William L. Fuller

In the name of god Amen, I John Fuller of Newton, in the County of Middlesex within her Maj province of the Massachusets bay in New England; yeoman; being weakly & sickly of body butt of perfect mind and memory thanks be given to almighty god; Calling to mind the mortality of my body that it is appointed for man onse to dye; Do make and ordain this my last will and testament sign in following form & manner forever; that is to say first and princaply I Commend & Commit my Soule into the hands of all mighty god that gave it me nothing doubting, but att the gener’ll Resurreccion I shall receive the Same again by the all mighty power of my Lord & Saviour Jesus Christ; and my body I commit to the earth, to be burried att ye discresions of my executors  _________ as it hath pleased god to bless me with in this life. I do give promise and dispose there of as foloweth

Imprimis, my will is that all my depts and funerall chargies Shall be paid and discharged out of my movable Estate by my Executors.

Item, I Do give and bequeath to my Son John Fuller his heirs & asigns for ever one half ye house he now dwelleth in namly ye west End of it and one halfe of ye orchard and joining to the sd house as it is now divided by a fence; & from ye midd’ll of said house a strait Line to ye highway norward; and further I do give to him his heirs & assigns for Ever all of my Land and meddow Lying & being on ye East Side of ye brooke Commonly Called & Known by the name of Cheese Cake brooke; And two acres of meddow Lying & being my meddow called the lower meddow And farther So much of my out lands as to make up said orchard meddow and land seventy nine acres begining att a marked white oack tree living or growing in ye layne of my brother Jeremiahs lands and from said tree a strait line ye norward to a small pond, said land lying west ward of said land.

Item, I do give and bequeath to my Son Isaac Fuller his heirs and assigns for ever the other halfe of the afforsaid dwelling house and all the Rest of the orchard meddow and land that is norward laid out to said half excepting what I have given to my Son John; and the remainder of my meddow land lying & being in the affor sd Lower meddow; And So much of my out lands as to make up the affor sd orchard meddows & land fifty two acres; wheare it shall be laid out to him by my executors.

Item, I do give an bequeath to my other two sons namely Jonathan & Caleb Fuller to them theire heirs & assigns for ever my now dwelling house barn and out house out lying orchard meddows all the rest & remainder of my lands excepting what I have given to my two sons John and Isaac Fullers; to be Equally divided betwixt them by my executors.

Item, I do give and bequeath to my three daughters namly Sarah Fuller, Abigail and Hannah Fullers So much of my estate as to make them equall to and with my three youngest sons; to be paid them out of my movable estate so far as it will pay them upon a reasonable appraisement by my executors; Reserving my brass hand irons or cob irons for my daughter Abigail which I do give to her over and above my other two daughters; And what my movable estate falleth short of making them equall with my three sons namely Isaac, Jonathan & Caleb; not with standing what I have bequeathed to my sons John; Isaac; Jonathan & Caleb my will is that my sons shall pay out of their generall Shares in lands So much as shall make up my said three daughters equall as others; According as my executors shall allot them to pay, and when they shall pay them; and farther any will is that if any of my children shall dye before they come of the aige of twenty one years that then their share or portion shall be equally divided equally & amongst my other children.

And farthor _____ as can ______ that my four brothers namely Jonathan, Capt. Joseph Fuller, Joshua  Fuller and Jeremiah Fuller to be my sole executors to this my last will and testament and do fully inpower them to do and execute according to this my last will and testament and if in case any imergency or difficulties do arise after my decise about ye distribution of my estate after my decise that then they shall have as full power to rectifie the same as they shall see reason; and farther my will is that if in case any of said executors shall or do dye before this my will is executed and estate settled that then the survivors of them shall have full power to choose in another or others who shall have full power to do & execute with them as offors’d.

And I do ratifie this to be my last will and testament; disannulling all other & former wills and bequests what so ever; And being of perfect mind and memory I have hereunto set my hand & seal the twenty seventh day of June Anno Domi one thousand seven hundred & thirteen in twelfth year of the reign of our Sovran Lady Anne of Great Britain Queen; etc.

Signed Sealed
Published and
pronounced to
be the last will
and testament of
John Fuller
in presence of us
John Staples   ]
John Bond       ]       Junior Juris
David Stone    ]                                                         John Fuller ++ mark

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.