Isaac Fuller of Newton, Province of Massachusetts Bay, New England
Probate Court Appoint Administrator, 15 July 1745
Middlesex County Probate Court
Reference: Case Number 8740
Final Probate, 29 December 1746, Middlesex County,
Province of Massachusetts Bay, New England
(Born 16 Mar 1698 – Died 10 Jun 1745)
(Isaac3, Joseph2, John1of Newton)
Transcribed June, 2017, by
Diana Spelman, Norwich, Norfolk, UK
Compiled by W L Fuller
[Note: Isaac 1698-1745, died intestate (without a Will) and below are his Probate Court Records (transcribed) wherein he is referred to as Isaac Fuller Jr. even though his father’s name was not Isaac Fuller. As in other similar situations, at the time, this was done to distinguish this Isaac Fuller from his cousin, Isaac Fuller 1695-1755, who also lived in Newton during the same time period. In similar situations, some history books say “he was known as”. We can learn many facts about the immediate family of Isaac Fuller 1698-1745 through these probate records as follows:
Wife was Hannah (Greenwood) Fuller 1699-1769
Children were:
John* b. 1723 – shown as Isaac’s oldest son and inherited 2/3 Real Estate
Susannah b. 1725 – shown as the sister of John
Joseph b. 1727 – shown as the brother of John
Ruth b. 1729 – shown as the sister of John
Lois b. 1732 – shown as the sister of John
Tabitha b. 1734 – shown as the sister of John
Hannah b. 1735 – shown as the sister of John
Lydia b. 1737 – shown as the sister of John
*these probate records clearly show that Isaac’s oldest son was John Fuller, that being Lieut. John Fuller 1723-1786, who is buried in the West Burying Ground, Newton, MA. The History books of Newton show this John Fuller as the son of other Fuller families in Newton, but he does not fit in those families – age, etc., and no history book that we have discovered show him as the son of Isaac 1698-1745. This fact is corroborated by John’s own Will where he leaves his estate to his brother, Joseph.
The headers with dates prior to each document were inserted by me……. .. W L Fuller]
15 July 1745 —Bond/Appointment of Administrator:
KNOW all Men by these Presents That we, Hannah Fuller widow, John Fuller Husbandman & Thomas Greenwood Gentleman all of Newton in the County of Middlesex within His Majesty’s Province of the Massachusetts-Bay in New-England, are holden and stand firmly bound and obliged unto Jonathan Remington Esq[uie]r Judge of the Probate of Wills, and granting Administrations within the County of Middlesex in the full and just Sum of five hundred Pounds, Lawful Money of the Province of the Massachusetts-Bay; to be paid unto the said Jona[than] Remington or his Successors in the said Office, or Assigns: To the true Payment whereof, we bind our selves 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 fifteenth Day of July Anno Domini, One Thousand Seven Hundred and forty five Annoque Regni Regis Georgii Secundi decimo nono. [Translation: and in the nineteenth year of the reign of King George the Second]
THE Condition of this Present Obligation is such, That if the above-bounden Hannah this Day admitted administ[ratri]x of the Estate of her late Husband Isaac Fuller late of s[ai]d Newton Dec[eas]ed Intestate
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 her the said Hannah or into the Hands and Possession of any other Person or Persons for her:
And the same so made, do exhibit, or cause to be exhibited into the Registry of the Court of Probate for the aforesaid County of Middlesex at or before the 15th Day of October 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, which at any time after shall come to the Hands and Possession of the said Hannah or into the Hands and Possession of any other Person or Persons for her do well and truly Administer according to Law: And further do make, or cause to be made a just and true Accompt of her said Administration upon Oath, at or before the fifteenth Day of July which will be in the Year of our Lord, One Thousand Seven Hundred and forty six.
And all the rest and residue of the said Goods, Chattels Rights and Credits which shall be found remaining upon the said Administrator’s Accompt, (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 Middlesex 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 is 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 Middlesex making request to have it allowed and approved accordingly: If the said Hannah 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.
Sealed and Delivered
in Presence of [all signed] Hannah Fuller [widow]
S: Danforth John Fuller [eldest son]
Richard Park Tho[mas] Greenwood
21 Aug 1745 – Inventory
A true Inventory of the Estate of M[iste]r Isaac Fuller Jun[io]r Late of Newton Deceased Intestate Apprized by us the Subscribers in old Tenor Bills as Shewn us by M[ist]r[es]s Hannah Fuller Administrat[ri]x to the Estate of s[ai]d Deceas’t
Imprimis
| His apparrel 14.0.6 his Books 4.2.6 | 18.13.00 | |
| Item one Fire Lock 5.0.0 one old Firelock 5/- one Sword 19/- | 6.03.00 | |
| In Silver 4.19.0 the best beed & furniture in the Lower Room 13.10.0 | 18.09.00 | |
| The Trundle beed [bed] & furniture 6.7.0 | 6.07.00 | |
| One Beed and furniture in the Chaimber 7.5.0 | 7.05.00 | |
| In Lining 12.3.0 one Case of Draws 3.10.0 | 15.13.00 | |
| One ovel Table 30/- one Chest with Draws 30/- | 3.00.00 | |
| One Chest with Draws 15/- two Tables & Joynt Stool 19/- | 1.14.00 | |
| Two Cubberds 20/- In Brass -.6.0 In Puter -.14.0 | 20.00.00 | |
| One Looking Glass 30/- Iron Posts & Kettle 46/- | 3.16.00 | |
| Fire Shovel & Tongs 25/- Trammil & Iron hook 14/- | 1.19.00 | |
| One Spit & Grd Iron 14/- frying pan 10/- Warming pan 16/- | 2.00.00 | |
| Box Iron & Heaters 8/- Iron Lamp pinchers &auls 4/- | 0.12.00 | |
| Shears & pocket Dial 11/- in Glass Bottles 5/- | 0.16.00 | |
| in Earthen Ware 16/- Two Wheel 13/- on Reel 10/- | 1.19.00 | |
| Two trays 2/6 one Funnel 4/- Two pails 4/- | 0.10.06 | |
| one Cheese press & one Cheese mote 15/- one Churn 15/- | 1.13.00 | |
| one old Chest & two old Boxes 5/- Knifebox & knives 11/- | 0.16.00 | |
| Pigeon ne & Cords 50/- in Chairs 27/- in wooden plates 4/- | 4.01.00 | |
| one old Saddle & Bridle 16/- in Baskets 10/- one half bushel 3/- | 1.09.00 | |
| in Cyder Cask 16/- two beer vessels 8/- in Tubs 18/- | 2.02.00 | |
| four Bush[e]ll of Indian Corn 48/- Two meal Sacks 10/- | 2.18.00 | |
| Eight pound of Tobacco 12/- Scails & Weights 12 | 1.04.00 | |
| To Eighty Six Skains of Wooster | 5.09.00 | |
| To Forty Seven Skains of Wooling yarn | 3.08.06 | |
| To Twelve pounds of Course Wolling yarn | 2.02.00 | |
| Coller & hains 10/- in Chains & Fetters 43/- in Axes & old Iron 32/- | 4.05.00 | |
| Beetle Rings & wedges 10/- in hoes 18/- two old shovels 4/- | 1.12.00 | |
| [2] one old Lock 1/6 one pair of Small Stillyards 6/- | 0.02.00 | |
| one Shave Augor & adds 14/- Two old Scythes 8/- | 1.02.00 | |
| one Plow & Irons 30/- one old sled 5/- Two old forks 5/- | 2.00.00 | |
| Iron hoops Boxes & one Bow 50/- | 2.10.00 | |
| One old Mare 6.0.0 one young Mare 27.0.0 | 33.00.00 | |
| three Cows 36.0.0 two heifers 14.0.0 two steers 10.0.0 | 60.00.00 | |
| Two Calves 4.10.0 on Sheep & three Lambs 4.0.0 | 8.10.00 | |
| Two swine 16.0.0 | 16.00.00 | |
| The Dwelling House and Barn and about Fifty Acres of Land Adjoyning | 1240.00.00 | |
| to Twenty acres of Land at the Farm Meadow | 360.00.00 | |
| to About three Acres of Land at the Lower Meadow | 69.00.00 | |
| To A Right of Land in Fall Town (So Called) AboveDearfield in the County of Hampshere | 30.00.00 | |
Newton August 21 1745
[Signed]
Joseph Fuller )
Tho[ma]s Greenwood ) Com[mit]tee
Richard Park )
Middlesex Sept[embe]r 16, 1745 M[ist]r[es]s Hannah Fuller the Administ[ratri]x presented the forgoing Inventory on Oath
[signed] S Danforth J Pac[i]s & Reg[istra]r
24 Nov 1746 – Court Order to Inventory the Real Estate for distribution
TO Thomas Greenwood, Samuel Livermore, Joseph Fuller, Jonathan Fuller & Joshua Fuller all of the County of Middlesex of the Province of the Massachusetts-Bay in New-England, Gentlemen, and sufficient Freeholder, Greeting. all Sworn
Pursuant to the Power and Authority to Me given in and by the Laws of the said Province, I do hereby Authorize and Appoint you the above-named five Persons a Committee to Apprize all the Real Estate where of Mr Isaac Fuller Jun[io]r late of Newton in said County Husbandman Deceased, Intestate, died seiz’d and possess’d (in said Province) in his proper Right in Fee Simple; each Piece and Parcel by it self, with their Names of Distinction, Buts and Bounds, and Number of Acers, at the present true Value thereof in Bills of Publick Credit on said Province, all in Words at length.
When you have thus perfected your Inventory, you are to set off to Hannah (the said Deceased’s Widow) one full Third Part of the said Estate for her Dower or Thirds during Life, in such Way and Manner as shall be most convenient to her; and what you so set off, describe fully and distinctly (by plain and lasting Meets and Bounds) as in your first Inventory, that so Confusion may be prevented upon the reversion of the Dower.
The Remainder or two Thirds you are to Distribute to and among the Children of the said Deceased 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.
Moreover, if any of the Children of the said Deceased have received any Thing of him in his Life Time in advance towards their Portions, you are to signify the same to Me, and how much each one has had.
When you go about your Work, let all Parties concerned have Notice; and if any Dispute arise about the Quantity of any Parcel of Land, you may procure an Artist for the Survey thereof; and if all said Parties are satisfied with your Proceedings, let them signify the same by Countersigning.
Finally, Seal up this Commission, with your Doings thereon, and return the same with all convenient Speed, into the Register’s Office of Probate by some or one of your selves.
Given under my Hand and Seal of Office this twenty fourth Day of November 1746 and the twentyeth Year of His Majesty’s Reign
Mi[ddlesex] ss
T. Greenwood [signed] S. Danforth
& Jose[ph] Fuller. Sworn
9 Dec 1746 Valuation of Real Estate to establish 1/3 wife’s Dower and remaining 2/3.
To the Hono[ura]ble Samuel Danforth Esq[uie]r Judge of the Probate of Wills & for the County of Middlesexin his Majesty’s Province of the Massachusets-Bay in New-England
In observence of A Commission from your Hon[ou]r Directed to us the Subscribers Bearing date the Twenty fourth Day of November 1746 we have Apprized the Real Estate of M[iste]r Isaac Fuller Jun[io]r Late of Newton Deceast Intestate, in Good and true Bills of Publick Creddit on the Province Aforesaid old Tenor as contained in the following Inventory (viz)
| The homestead Containing by Estemation Fifty Acres Butted and Bound Southerly on the Farm Line Easterly partly on the Land of Thomas Fuller and partly on the Land of Joshua Fuller, Northerly on the Land of Isaac Fuller, Westerly on the Land of Capt[ain] Jonathan Fuller (A private Way running Along the …. [page torn]) which we vallue [at] one Thousand one Hundred and Fifty Pounds the Dwelling House we value at Eighty Pounds and the Barn we set at Thirty five pounds |
1265
|
| To Twenty acres by Estemation of upland and Meddow at the Farm Meddow So called Butted and Bounded Westerly on the Land of Capt[ain] Jonathan Fuller, Southerly partly on the Farm Line and partly on the Land of Joseph Ward, Easterly partly on the Land of Joseph Ward and partly on the Brook Called Cheese Cake Brook Northerly on the Meddow Land of Thomas Fuller: which we vallue at Two Hundred and Sixty Pounds |
260
|
| To Three acres by Estemation of Meddow Land called the Lower Meddow and is Butted and Bounded Northerly in part on the Land of Joshua Fuller and in part on the Land of Joshua Herrington, Westerly partly on the Land of Capt[ain] Jonathan Fuller and partly partly on the Land of Joshua Fuller, Southerly on the Land of Capt[ain] Jonathan Fuller, Easterly on the Land of Isaac Fuller in part and in part on the Land of Joshua Herrington which we vallue at Sixty Pounds |
60
|
| the Buildings and Land above mentioned all lying in Newton aforesaid and being all the Deceasts Real Estate in said Province Amounting in the whole to the Sum of one Thousand Five Hundred and Eighty Five Pounds [Total] |
1585
|
| We have Set of to Hannah Fuller the Deceast’s Widdow on the Easterly Side of the homestead Seventeen Acres by Estemation butted and bounded as Followeth (videlicet) beginning at the North East Corner of Said homestead then runing Southardly on the Line on the Easterly Side to A Stake and heap of Stones near the End of the Stone wall in the orchard then Runing Westerly Eleven Rods to A Stake and heap of Stones then Runing southerdly twenty two Rods to A Stake and heap of Stones at the South West Corner of Said orchard, then Runing Easterly Eleven Rods to A Stake and heap of Stones in the Easterly Line of Said homestead then Runing Southardly on said Line to the Farm line, then Runing Westerly on Said Farm Line Seventeen Rods and three Links to A Stake and heap of Stones near A Large Stump, then Runing Northerdly through said homestead to A Stake and heap of Stones by the Fence at the Land of Isaac Fuller thence Runing Easterly Seventeen Rods and three links to the first mentioned Corner which we vallue at Four Hundred Nineteen Pounds Six Shillings and Eight pence |
419.06.08
|
| as also the Lower Room in the Easterly End of the Dwelling House and the Garrit over Said Room and one Third part of the Seller on the Northerly Side with A privilidge of the Stare-way into Said Seller and Garrit; as also the use of the oven in the Westerly End of the House as She Shall have occasion which we value at Thirty Five Pounds |
35.00.00
|
| as also the Southardly Side of the Barn Ten Feet with the privilidge of the Floorway for Carting and Thrashing as She Shall have occasion which we vallue at Fourteen pounds |
14.00.00
|
| as also the three Acres in the Lower Meddow as above Described in the Inventory which we value at Sixty pounds |
60.00.00
|
| the two pieces of Land and parts of the Buildings as Above described and Bounded we Judge to be one full third part of the Deceasts Real Estate amounting in the whole to the Sum of Five Hundred Twenty Eight pounds Six Shillings and Eight pence [TOTAL OF 1/3] |
528.06.08
|
| Remainder or two third parts of the Real Estate (not being convenient for more then one Settlement) we have set to John Fuller the Deceasts Eldest Son with the Liberty and privilidge of passing and repassing over the Widdows Thirds too and from the House as he Shall have occasion with the Liberty of yard room to lay his Fire Wood and A privilidge Round the House to repair it or to build and A privilidge in the well as he may have occasion also the Liberyy and privilidge of A Convenient way to the Barn and liberty round the the Barn to repair it or lay Dung as there may be occasion as also the Liberty and privilidge of passing and repassing in Some convenient place over the Widdows thirds too and from the orchard from time to time as he Shall or may have occasion (he paying to his Brother and Six Sisters there Shares thereof) which two thirds value at one Thousand Fifty Six pounds Thirteen Shillings Shillings and four pence [TOTAL OF REMAINING 2/3] |
1056.13.04
|
| ……………..[Total Distributed = 1585] |
Newton Decemb[e]r 9th 1746 [all signed]
Tho[ma]s Greenwood )
Samuel Livermore )
Jonathan Fuller ) Com[mit]tee
Joseph Fuller )
Joshua Fuller )
Hannah Fuller widow
John Fuller [eldest son]
Susannah Fuller [eldest daughter]
[Folder/Cover heading]
Isaac Fuller’s Real
Estate distributed
Decemb[e]r 29 1746
Ent[ere]d Lib 45 p[ag]e 315
Comm[issio]n’ Report
[Note: a note written by the Judge listing Isaac’s children alive as at this date]
December 29 1746 Isaac Fuller Jun[io]rs Real Estate
John
Susanna
Joseph
Ruth
Lois
Tabitha
Hannah
Lydia
29 Dec 1746 – Court Decree – Settlement of Estate
TO all People unto whom these Presents shall come: Samuel Danforth Esq[uier]; 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 pursuant to the Acts or Laws of the said Province, relating to the Settlement or Distribution of the Estates of Intestates, and the Direction, Power and Authority to me therein given, I do hereby Order and Assign unto John Fuller (Eldest Son of Isaac Fuller Jun[io]r late of Newton in said County Deceas’d Intestate
all those Pieces and Parcels of Land, with the Buildings and Appurtenances thereon and thereunto belonging, being two Third parts of the Real Estate of the said Intestate; (The other Third part being set off to his Widow Hannah Fuller for her Dower or Thirds during Life)
and the same is particularly set forth and described in the Return of Commissioners by me appointed and sworn for the Apprisal thereof and by them valued at one thousand & fifty six Pounds thirteen Shillings & four pence in Bills of publick Credit on the said Province of the old tenor as by the Return of the said Commissioners in the Registry of Probate for the said County Dated Decemb[e]r 9th 1746 may appear) TO HAVE AND TO HOLD the hereby order’d and assigned Land and Premises, with the Members and Appurtenances thereof unto him the before named John and to his Heirs and Assigns for ever.
PROVIDED he the said John his Heirs, Executors and Administrators, shall and do well and truly pay, or cause to be paid unto the rest of the before named deceased’s Children, their legal Representatives or Guardians, the several Sums of Money hereafter in this my Decree to them respectively ordered to be paid, together with the Interest for their respective Sums or Portions, after the Rate of four Pounds per Cent per Annum, to commence on and from the 29th Day of December Anno Dom[ini] 1746 and both Principal and Interest to be paid (if demanded) on or before the 29th Day of December which will be in the Year of Our Lord One Thousand Seven Hundred and forty seven.
2) ACCORDINGLY I Order the before named assignee John Fuller his Heirs, &c in the first Place to pay and clear all Charges relating to this Settlement, amounting in the whole to ten Pounds sixteen shillings & eight pence.
Then to pay to his Brother Joseph Fuller & to his Sisters Susanna, Ruth, Lois, Tabitha, Hannah & Lydia Each one hundred & sixteen Pounds four Shillings & Eight ninths of a Penny in like Money, Manner, and with the Interest before-mentioned. All which aforesaid Sums with the Share of the said Assignee, amount to the apprized Value of the two Thirds and make each Child’s Share therein to be agreeable to the Direction of the Law.
PROVIDED also, in case all or any Part of the hereby assigned Land and Premises shall be legally evicted from the before named Assignee, John his Heirs, Executors, Administrators or Assigns, that then the Rest of the afore said deceased’s Children, their Heirs &c (Sharers in this Division) shall refund their rateable Parts, with Law Charges. In Testimony whereof I have hereunto set my Hand, and the Seal of the Probate Office for the County aforesaid, the twenty ninth Day of December Anno Dom[ini] 1746 and in the twentyeth Year of His Majesty’s Reign.
S: Danforth [signed]
29 Dec 1746 – Bond to accept Real Estate Distribution
KNOW all Men by these Presents That we, John Fuller Husbandman & Jonathan Fuller Gentleman both of Newton in the County of Middlesex
within His Majesty’s Province of the Massachusetts-Bay in New-England, are holden and stand firmly bound and obliged unto Samuel Danforth Esq[uier] Judge of the Probate of Wills, and granting Administrations within the County of Middlesex in the full Sum of five hundred Pounds, Currant Money of New-England, to be paid unto the said Samuel Danforth his Successors in the said Office, or Assigns: To the true Payment whereof, we do bind our selves and each of us, our, and each of our Heirs, Executors, and Administrators, joyntly and severally for the whole and in the whole firmly by these Presents. Sealed with our Seals. Dated the twenty ninth Day of December Anno Domini, One Thousand Seven Hundred and forty six Annoque Regni Regis Georgii Secundi vicessimo.. [Translation: and in the twentieth year of the reign of King George the Second]
The Condition of the above-written Obligation is such, That whereas the above-said Judge, by his Order or Decree of even Date with these Presents, made for the Settlement of the Real Estate of M[iste]r Isaac Fuller Jun[ior] late of said Newton Dece[ase]d Intestate hath assigned and set over unto the above-bounden John and to his Heirs and Assigns for ever, two third parts of the said Estate, as set forth and described in the Return of Commissioners appointed and sworn for the Apprisal thereof, dated the ninth Day of December 1746 of Record in the Registry of Probate for the County aforesaid, on Conditions in the said Decree mentioned: NOW therefore if the said Assignee John or the said Jonathan or either of them, their, or either of their Executors or Administrators, shall in all Matters the same concerning, well and truly pay and perform agreably to, and punctually fulfil the said Decree in all Things, according to the true Intent and Meaning of the same, without Fraud or Delay, then then above-written Obligation to be void, otherwise to abide in full Force and Virtue
Signed, Sealed and Delivered
in Presence of John Fuller
Jonathan Fuller
Joshua Fuller
And[re]w Bordman Jun[ior]
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.