Amos Fuller of Boylston, Commonwealth of Massachusetts, USA
Last Will written, 3 October 1801
Worcester County Probate Court
Reference: Case Number 22582
Final Probate, 2 April 1805, Worcester County,
Commonwealth of Massachusetts, USA
(Born 7 Feb 1737/8 – Died 6 Oct 1801)
(Amos4, Jonathan3, John Jr.2, John1of Newton)
Transcribed April, 2018, by
Diana Spelman, Norwich, Norfolk, UK
Compiled by W L Fuller
I Amos Fuller of Boylston in the County of Worcester & Commonwealth of Massachusetts; having arrived to an advanced age, being sound in mind & Judgment, but infirm in body, & expecting my dissolution, do think it necessary to set my house in order before I die.
In the first place, I commend my soul to God thro’ Jesus Christ, trusting in the merits of the Redeemer, for eternal life. My body I resign to the dust, to be buried in a decent manner. After my Just debts, & funeral charges are paid, I give & bequeath my worldly interest in manner following.
First, I give to my wife Mary Fuller, the whole of my estate, real, & personal, to improve during her natural life, for the more comfortable support of herself, & her children with her; & after her improvement, I give the whole to be divided equally among our children, excepting our daughter Mary Smith, the wife of Henry Smith.
In consequence of what she has before received from my essate[sic], I give her one quarter of a share with my other children, & recommend to my wife to assist her from time to time, as she may be able, & according to her discretion.
2ly I give to my Son Silas the sum of sixty dollars, in consideration of his labors & assistance in my family, since he became of age, to be paid him out of my estate in one year from my decease.
The whole of my said estate, I give as before mentioned, to my five children, Molly Smith, Hannah Fuller, Lucy Fuller, Rachel Fuller, & Silas Fuller, their heirs, & assigns forever.
Lastly, I appoint my beloved wife Mary, & Doct[o]r Thaddeus Chinnery executors to this my last will & testament. And do recommend to my children to live in love & peace, & be helpful to each other, as occasion may require.
Signed, sealed, & declared to be my last will & testament, at Boylston this 3d day of October 1801.
| In presence of [signatures] | [signed] |
| Sworn; Gershom Eames | Hannah Fuller |
| Sworn; Thad[deu]s Chinnery | Amos Fuller |
| Mary Smith | |
| Sworn; Ward Cotton | Lucy [deleted: Smith] Fuller |
| Silas Fuller |
1801, Oct 14 – Representation to Court regarding Executors/Administrator
We the subscribers named executors of the last Will & Testament of Amos Fuller late of Boylston Dec[ease]d decline executing said trust and think it would be expedient to have Silas Fuller the only son of said Dec[ease]d appointed adm[inistrato]r (with s[ai]d will annexed) of s[ai]d Deceaseds Estate
Oct[obe]r 14, 1801 her
Mary X Fuller
mark
Thaddeus Chinnery [signed]
We the subscribers Heirs at law of the Estate of s[ai]d Amos Fuller are satisfied with his Will and request it may be proved and approved and that the Adm[inistato]r of the estate (with the will annexed [attached]) may be committed to Silas Fuller. [signed]
Oct[obe]r 14, 1801 Hannah Fuller
Lucy Fuller
Rachel Fuller
1801, Nov 3 – Bond Appoint an Administrator
KNOW all Men by these Presents, That we Silas Fuller yeoman, Ward Cotton Clerk and Gershom [omitted: Eames] yeoman, all of Boylston in the County of Worcester
within the Commonwealth of Massachusetts, are holden and stand firmly bound and obliged unto Nath[anie]l Paine Esquire, Judge of the Probate of Wills, and for granting Administrations, within the County of Worcester in the full Sum of Ten thousand Dollars to be paid unto the said Nath[anie]l Paine 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 our Seals. Dated the 3d Day of November in the Year of our Lord One thousand eight hundred and one.
THE Condition of this Obligation is such, That if the above-bounden Silas Fuller Adm[ini]strator, the will annexed, on the Estate of Amos Fuller late of Boylston Deceased – (the executors refusing to execute their trust) 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 to the Hands, Possession or Knowledge of the said Adm[inistrat]or or into the Hands and Possession of any other Person or Persons for him; and the same, so made, do exhibit, or cause to be exhibited, into the Registry of the Court of Probate for the said County of Worcester at or before the 3d Day of February next ensuing; 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 into the Hands and Possession of the said Adm[inistrat]or or into the Hands and Possession of any other Person or Persons for him, do well and truly Administer according to Law:
And further, do make, or cause to be made, a just and true Account of his said Ad-ministration upon Oath, at or before the 3d Day of November which will be in the Year of our Lord One thousand eight hundred and two And all the Rest and Residue of the said Goods, Chattels, Rights and Credits, which shall be found remaining upon the said Administrators Account (the same being first examined and allowed of by the Judge or Judges, for the Time being, of Probate of Wills and granting Administrations within the County of Worcester aforesaid,) and shall deliver and pay unto such Person or Persons respectively, as the said Judge or Judges, by his or their Decree or Sentence, pursuant to Law, shall limit and appoint: And if it shall hereafter appear, that any last Will and Testament was made by the said Deceased, and the Executor or Executors, therein named, do exhibit the same into the Court of Probate for the said County of Worcester making Request to have it allowed and approved accordingly; if the said Adm[inistrat]or above bounden, being thereunto required, do render and deliver the said Letter of Administration (Approbation of such Testament being first had and made) into the said Court; then the before-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 us,
| William D Wheeler | Silas Fuller |
| Theoph[ilus] Wheeler | Ward Cotton |
| Gershom Eames |
1801, Nov 3 – Warrant Appoint Inventory Committee
Commonwealth of Worcester ss
Massachusetts
To Timothy Whitney Gentleman
Jotham Bush Esq and Sam[ue]l
Brigham Physician, all of Boylston
in the County aforesaid, GREETING.
You are hereby appointed and empowered to take an inventory of, and (according to your best skill and judgment) truly and justly to appraise, (in dollars, & cents [deleted: and mills]) all the Estate whereof Amos Fuller late of Boylston aforesaid Dec[ease]d died seized, in the aforesaid County: And you are to make return of this Warrant, with your doings thereon, into the Probate Office of the same County, as soon as conveniently may be. Silas Fuller will shew the Estate
Given under my hand [deleted: and seal] this third day of Nov[embe]r, A.D. 1801
Nath[anie]l Paine J Prob[ate][signed]
1801, Nov 18 – Inventory
To the Hon[ora]ble Nathaniel Pain Esq[ui]re Judge of Probate in and for the County of Worcester.
An Inventory of the Estate of Amos Fuller late of Boylston Deceas’d
| Wearing apparel &C | $ |
| Best Coat and Vest | 4.00 |
| Next Beat Coat and Vest | 2.50 |
| Great Coat | 3.50 |
| Two pairs of Breeches at 75 cents each | 1.50 |
| 1 Pair black woolen stocking | .75 |
| 1 Pair Woolen Shirts | 1.50 |
| 1 Hat | .40 |
| Best Bed and Beding | 20.00 |
| 2nd Best Bed and Beding | 12.00 |
| 3rd Bed and Beding | 10.00 |
| 1 Pair of two sheets | 2.00 |
| 1 Chest of two Draws | 2.00 |
| 1 Other Chest | .33 |
| 1 Table | 1.00 |
| 1 Other Table | 1.25 |
| 1 Brass Kettle | 5.50 |
| 1 Pot and Dish Kittle | .75 |
| 1 Teakettle | .75 |
| 1 Frying pan | .75 |
| 7 Chairs at 20 cents each | 1.40 |
| 3 Platters & 2 Pewter plaits | 1.36 |
| 1 – 2 quart Bason | .36 |
| 2 – [1] quart Basons | .33 |
| 2 Pint Basons & 5 spoons | .25 |
| 1 Tin Coffee pot | .20 |
| 1 old d[itt]o | .10 |
| Sum carried over | $74.12 |
| Sum carried forward | 74.12 |
| 1 Funnel and Tea Canister | .16 |
| 1 Tin Bason & Dipper | .10 |
| 1 Case of Knives & forks | .33 |
| 1 Hour Glass | .12 |
| 5 Earthen plates | .25 |
| 1 D[itt]o plates | .20 |
| 1 Earthen Pitcher | .10 |
| 1 Mug | .12 |
| 2 Glass Chink Bottle | .16 |
| 1 Jug | .08 |
| 1 Candle Stick | .08 |
| 1 Tub & Churn | .75 |
| 3 pails | .45 |
| 2 Milk Trais | .25 |
| 1 fire shovel and Tongs | 1.25 |
| 1 Crane and Trammel | 2.00 |
| 1 Bible | .25 |
| 1 Saddle | 5.00 |
| 1 Old Saddle | .50 |
| 2 Baggs | 1.00 |
| 6 Barrels of Cyder | 12.00 |
| 12 old Cyder Barrels at 25 cents each | 3.00 |
| Old Casks | 1.00 |
| 20 Bushels of Potatoes at 25 per Bushel | 5.00 |
| 10 Bushels of Turnips | 2.00 |
| 18 Bushels of Corn | 12.00 |
| Sole Leather and upper Leather | 1.50 |
| Loom, quille wheel, Warping Bars & Spools | 3.50 |
| 1 Grinding Stone | .75 |
| 3 forks | .75 |
| 2 Old Axes | .50 |
| 1 Pair of Tracers & Collar | 3.00 |
| 1 Old Cart and Slead | 3.00 |
| 5 Old Sythes one Roller, 2 Rakes, 25 Cents | 1.25 |
| 1 Chain | 1.00 |
| Sum carried over | $137.52 |
| Sum Brot forward | $137.52 |
| Stock | |
| 2 Oxen | 55.00 |
| 1 Brown Cow | 20.00 |
| 1 white said Cow | 18.00 |
| 1 pale red Cow | 16.00 |
| 1 Brown Heifer with Calf | 14.00 |
| 1 Yearling Heifer | 9.00 |
| 1 Spring Calf | 4.00 |
| 3 Sheep | 7.00 |
| 1 Hog; 18 Dollars; 1 Ditto at 13 Dollars; 2 Piggs at 14 Dollars | 45.00 |
| [Total Personal Inventory] | $325.52 |
| Real Estate | |
| Home place with Buildings thereon estimated by Dec’d at 50 Acres | 750.00 |
| Wood Lot estimated at 4 Acres | 32.00 |
| The 4 fifth of a Pew in the Meeting House | 18.00 |
| Sum Total of the Invoice | $1,125.52 |
Boylston Nov[embe]r 18th 1801
[Signed]
Timothy Whitney)
Jatham Bush ) Apprisors
Samuel Brigham )
1802, Dec 7 – Administrator presents his Account to the Court
The Account of Silas Fuller Administrater of the Estate of Amos Fuller late of Boylston Deceased
| The accountant chargeth himself with the foot [sum] of the Inventory of said Deceaseds personal Estate being | $325.52 |
| And prays allowance as follows viz: | |
| Paid the Debts Due from s[ai]d Deceaseds} Estate as per list filed | $286.31 |
| To my time trouble and expences in administring &c | 35.00 |
| including Office fees heretofore p[ai]d | 2.00 |
| To Office fees for this settlement &c | |
| [subtotal] | 323.31 |
| [Net total] | $2.21 |
Worcester ss Probate Office Dec[embe]r 7th 1802
Personally appeared Silas Fuller and made Oath to the above account and produced vouchers for the payments therin contained I allow thereof; whereby it appears he has a balance in his hands the sum of $2.21 C[en]ts which I order him to pay out according to the will of said Dec[ease]d
[signed] Nath[anie]l Paine J Prob
1804, Nov 6 – Warrant Appoint Appraisers of Real Estate and Partition to the Children
Worcester ss
To Timothy Whitney Gentleman
Jotham Bush Esqr & Samuel
Brigham Physician all of Boylston
in the County of Worcester and Commonwealth of Massachusetts,
Greeting.
You are hereby appointed and authorized, on oath, to appraise al the real estate whereof Amos Fuller late of Boylston in said County yeoman deceased testate, died seized and possessed, in said Commonwealth, in his own right in fee simple; each piece and parcel by itself, with their buts and bounds, and number of acres, at the present true value thereof, all in words at length; Then you are to distribute the same to and among the children of said deceased, or their legal representatives, or so many of them as the same will conveniently accommodate, without prejudice to, or spoiling the whole, preference being had to the sons, and in all deal impartially as you are sworn. having reference to the Deceaseds Will
When you go about your work, let all parties concerned have notice; and if they are satisfied with your proceedings let them signify the same by countersigning.
Finally seal up this Commission with your doings, and return the same with all convenient speed into the Register’s Office of Probate by some or one of yourselves.
Given under my hand and Seal of Office, this 6th day of November Anno Domini 1804
Nath[ani]ell Paine Judge of Probate
Worcester ss December 24th 1804 then the abovenamed Timothy Whitney, Jotham Bush & Samuel Brigham personally appeared and made Solemn oath that they would faithfully and impartially perform the service to which they are appointed by the above Commission.
Before me James Lengley Just[ice] Peace
1804, Nov 20 – Real Estate Value and Proposed Distribution to the Children
To the Hon[ora]ble Nath[anie]l Paine Esq[uie]r Judge of Probate in and for the County of Worcester in Obedience to your Commission dated November 6th 1804 We have atended and appriz’d the Whole of the Real Estate of Amos Fuller late of Boylston Deceas’d at Nine hundred and twenty five Dollars
| [Total] | $925.00.0 |
| Deducting Sixty Dollars agreeable to the Will for Silas Fuller son of the Deceas’d | 60.00.0 |
| leave an Inventary of Eight hundred & Sixty five Dollors to be divided among five Heirs agreeable to the Will of the Deceas’d | 865.00.0 |
| Setting the whole of the Real Estate to Silas Fuller he paying out as follows: | |
| To Molly Smith wife of Henry Smith: fifty Dollors, Eighty Eight Cents two Mills according to the Will being her full share | 50.88.2 |
| To Hannah Fuller two hundred three Dollors, fifty two Cents Nine Mills & half | 203.52.9 1/2 |
| To Lucy Fuller two hundred three Dollors, fifty two Cents Nine Mills & half | 203.52.9 1/2 |
| To Rachal Fuller two hundred three Dollors, fifty two Cents Nine Mills & half | 203.52.9 1/2 |
| To Silas Fuller two hundred three Dollors, fifty two Cents Nine Mills & half | 203.52.9 1/2 |
| Dated at Boylston, November 20th 1804 |
Timothy Whetney )
Jotham Bush ) Commissioners
Samuel Brigham )
1805, April 2 – Court Accepts Real Estate Appraisal and Final Distribution of Estate
We the subscribers Heirs at Law to the Estate of Amos Fuller Late of Boylston Deceas[e]d do Certify to the Judge of Probate for the County of Worcester that we are Satisfied with the Settlement of said Estate and signify the same by signing our Names
Henry Smith
Molly Smith
Hannah Fuller
Lucy Fuller
Rachal Fuller
Silas Fuller
(all the children)[note by Judge]
Worcester ss To all People to whom these presents shall come. Know ye that in pursuance of the Laws of this Commonwealth relating to the settlement or distribution of the Estates of Persons Deceased, and the direction power and authority to me therein given, I do hereby accept the foregoing report of the Committee by me appointed to appraise, & divide or assign the real Estate of the said Amos Fuller dec[ease]d and order the same to be recorded and I do [deleted: hereby] assign unto the said Silas Fuller the assignee within named all the real Estate of the said Amos Fuller deceased as within described appraised at the sum of nine hundred and twenty five Dollars. To have and to hold the same to him his heirs and assigns forever with all the priviledges and appurtenances theru[n]to belonging, he having paid to his sisters their several shares of the same or given them security therefor.
In Testimony whereof I hereunto set my hand and Seal of Office this second day of April AD 1805
Nath[aniel] Paine J Prob[ate]
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.