Joseph Fuller of Newton, Province of Massachusetts Bay, New England
Last Will written, 16 January 1732/3
Middlesex County Probate Court
Reference: Case Number 8758
Probate, 18 February, 1739/40, Cambridge, Middlesex,
Province of Massachusetts Bay, New England

(Born 10 Feb 1652/3   –    Died 5 Jan, 1739/40)
(Joseph², John¹ of Newton)

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

In the Name of god Amen I: Joseph Fuller of Newton in the County of Middellsecx within his Maj[es]t[ie]s Provinc of the Massachusets bay in New England Malster; being Aiged & Striken in years, but of perfect mind and memory thanks be given unto god.  Calling to Mind the Mortalitey of my body, and Knowing that it is Appointed for all men once to dye, Do make and ordain this my Last will & Testament, that is to Say Princaply and first of all, I give & Recomend my soul intothe hands of god th[a]t gave it, And my body I Recomend to the Earth to be buried in Decent Christian buriall at the discression of my Executors, Nothing doubting but at the Generall Resuerection I shall Recive the same agine by the mighty power of god, And as Touching Such worldly Estate as it hath pleased god to bless me with in this Life, I Do give, demise and dispose of the Same in the following manner and Forme

Item – my will is that my three Sons Namly Joseph Fuller, Jonathan Fuller and Isaac Fuller Shall have and injoy all the Lands I have given to them by Deeds of gift to them and theire Several heirs & assignes for Ever with all the Movables they have alredey Recived free and Clear from all Incumberancs what so Ever

Item – I Do give and bequeath to my Son Isaac Fuller his heirs and assignes for Ever, besides & more than I have given him by Deed of gift twenty acres of Land and meddow be the same more of Less as it is balled and bounded East with Cheesecake brooke and the Land of Joseph Ward, South with the Land of Ephriam Williams west by Jonathan Fuller, North by Jeramiah Fuller

Item – I Do give and bequeath to my Daughter Lydia the wife of Ebenezer Straten & to her heirs one hundred pounds part wheare of Shee hath allredy Recived as Shall appear by my books the Remainder to be paid by my Executors after named

Item – I Do give & bequeath to my Daughter Elizabeth the wife of Josiah Bond & to her heirs one hundred poundes in Money, part wheare of Shee hath all Redy Recived as Shall Appear by my Booke, the Remainder to be paid by my Executors after named

Item – I Do give and bequeath to my Grand daughter Lydia Fuller the daughter of my Son John Fuller Deces[e]d her bringing up and Sixty poundes in or as money of the provinc of the Massachusets bay in Consideration of an intrest Shee hath in a Smale house and barne which I have given to my Son Isaac Fuller, to be paid by my Executors, provided Shee the said Lydia Fuller Do give a Quit Claime of the Said house & barne when Shee Cometh to the aige of twenty one years or upon her Marrige, and Farther I Do give and bequeath to her the Said Lydia Fuller in or as money of Said Provinc to be paid by my Executors as foloweth (to wit) twenty five poundes when Shee Cometh to the aige of twenty one years, and so on twenty five poundes yearly untill the Said one hundred pounds is paid, And if in Case She dye before the Said one hundred pounds is paid or aney part of it and Leave no Isiue borne of her body; then it it Shall be Equaly divided to and amongst my five Children or their Sevrall Cheldren, Namly Joseph Fuller Jonathan Fuller Lydia Straton and Elizabeth Bond and Isaac Fuller

Item – I Do give to my grand Daughter Lucie Fuller the only Child of my Son Edward Fuller dec[e]s[e]d if Shee Liveth to the aige of Eighteen years the Valiuation of the west End of my dwelling house the Sider mill & the House over it And So much more in or as money as shall make up the Said Valiuation one hundred pounds, to be paid by my Executors as followeth (to wit) Twenty five poundes yearly Untill the Said one hundred pounds is paid and if Shee dye before the Said payments is made either in whole or in part, Then it Shall be Equaly divided to and amongest my Children as affores[ai]d

Item – my will is that my Cousin Hannah Willson whome I have brought up and Still Liveth with me Shall have the benefit of the Chamber over my dwelling Roome, a fetherbed with furnituer Conveniant for her Lodging, a Litell inward seller, a Liberty in the Kicthing as Shee needs it, fierwood Laid at the dore fit for the fier And all other things Necssarey for her Comfortabell Suport both in Sickness & in health, dewring her natorll life; Provided Shee do what Shee is able always for her owne Suport, then what Shee is Not able to do for her selfe, Shall be don for her by my Executors, And when shee shall dec(ea)s to give her a Christian buriall

Item – my will is that my sons namly Joseph Fuller, Jonathan Fuller and Isaac Fuller Shall have all my wearing Apparrill, Equaly amongst them, And that the Remainder of My Movabell Estate shall be Equaly divided to and amongst all my Children Namly Joseph Fuller, Jonathan Fuller, Isaac Fuller, Lydia Stratton and Elizabeth Bond or theire several heirs, my Bookes and Sum other Smale thinges Excepted which I have otherwise disposed of

Item – I do give and bequeath to my two beloved Sones Joseph Fuller and Jonathan Fuller whome I Likewise Constitute make & ordain my Sole Executors of this my Last will and Testament and to theire heirs and assignes forever All and Singular my Lands Not heartofore disposed of being one hundred and Fifty acers more or les with all the buldings there upon as also my Salt marsh & land Lyng in Cambridg, on Consideration that they Shall & do pay all  my depts and Funerall Chargies and Legacies heare in willed and bequeathed, And allso do Fullfill An agreement given under my hand and Seale bearing date the Fefteenth day of January Annoque Domini one thousand Seven hundred thirty two and three Unto my daughter in Lawe  Easter Fuller the Relict widdow of my Son Edward Fuller dec[ea]sed And I Do hearby uterly disalowe Revoke and make Voide all & Evrey other and Former wills, Legacies, bequests and Executors, before by me named and bequeathed Ratifing and Confirming this and No other to be my Last will and Testament, In Witness wheareof I have heare unto Sett my hand and Seale the Sixteenth day of January Annoque Domini one thousand Seven hundred thirty two & three

Signed Sealed published pronounced                                            [signature]
and declared by the Said Joseph                                                    Joseph Fuller
Fuller as his Last will & Testament
in presenc of us the Subscribers

[signatures]
John Staples
John Spring
Caleb Kenrick

Probate Note:    

Middles[ex]
To the Widow & [srtikeout] all the Heirs of Joseph Fuller Late of
Newton in the S[ai]d County Dece[ase]d & to all Concern’d
you are hereby Cited to appear at my House in
Cambridge on the 18th Day of Feb[ruar]y next at 10 of the Clock
before noon to make Objections if you think fit ag[ai]nst
my proving & allowing the last will & Testament
of said Dec[ease]d, Dated at Cambridge
Jon[atha]n Remington  Esq.

To                    to Serve this Citation & make return
Esther Park late Fuller mother of Lucy Fuller one of the Heirs of s[ai]d dec[ease]d being a minor is cited to appear at the time & place above named to nominate some sutable person to be guardian to s[ai]d minor    Jon[atha]n Remington Esq.

 
 
Probate:    Middlesex County, Cambridge 18th February 1739/40

To all People to whom these Presents
shall come Jonathan Remington 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 Eighteenth Day of February
Anno Domini  1739[/40] the Instrument hereunto annexed (purporting
the last Will and Testament of Joseph Fuller late of Newton in
the said County, maltster deceased) was presented for Probate by 
Joseph Fuller & Jonathan 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 deceas’d, and do commit the administration
thereof in all Matters the same concerning, and of his Estate whereof he
died seized and poffess’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 were directed to Exhibit an Inventory
of said Dece’d Person 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) Jon[atha]n Remington

Inventory:

An Enventory of all and Singuler the Goods and Chattells
of Capt[ain] Joseph Fuller Late of Newton Deceas[e]d
Taken by us the Subscribers the twenty Ninth Day of
February 1739/40

In wareing Aparrill ……………………………………………………………………..…          21:18:00
in Cash …………………………………………………………………………………………..        12:19:00
in Beding ……………………………………………………………………………………….        33:10:00
in Books …………………………………………………………………………….……………      07:14:07
One paer of Andirons and other things ………………………………….…………..       03:14:07
One Chest and Table &c ………………………………………………………….………..      06:19:00
One Gold Ringe & Silver Spoons ………………………………………….…………….      10:07:06
Tables & Chares ……………………………………………………………….………………     06:10:00
Stillyards and other things ………………………………………………………….……..     04:11:08
Andirons and other things  ………………………………………………………………..      03:12:08
In Brass and Puter …………………………………………………………………………….    13:05:06
in Iron pots &c ………………………………………………………………………………….     03:06:00
A Copper Morter and other things …………………………………………………..…     05:08:06
in Corn &c …………………………………………………………………………………………    09:11:00
A hare Cloth and other things  ……………………………………………………………..    11:18:00
Old Cart Wheels whith the Irons ……………………………………………………….…   03:15:00
in Salt pork and tubs …………………………………………………………………….……..   15:10:06
In Cask & Cyder …………………………………………………………………………….……. 07:19:00
In Neet Cattel ……………………………………………………………………………………..  36:00:00
in Sheep ……………………………………………………………………………………………… 13:00:00
in Horsces …………………………………………………………………………………………… 18:00:00
In swine ……………………………………………………………………………………………… 05:00:00
In Hay ………………………………………………………………………………………………….. 5:00:00
[Land previously gifted to each son]

[signatures]
John Staples
John Spring
Caleb Kenrick

Bond Summary:

Joseph Fuller & Jonathan Fuller both of Newton, county of Middlesex, province of Massachusetts Bay, New England Gentlemen are bound to Richard Park of Newton yeoman, as guardian of Lucie Fuller, daughter of Edward Fuller late of Newton deceased, in the sum of £336 to be paid to Richard Park.
dated 22 June 1739/40[sic],  13 year George II
Condition:  that Joseph Fuller & Jonathan Fuller will pay to Richard Park £168, as guardian aforesaid before 22 February 1741

[signatures]     Joseph & Jonathan (partially torn away)

[witness signatures]  John Spring & William Hide

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.