Submitted by Forrest L. Fuller, June 13, 2001
Born about 1770
Died 21 Sept. 1848
Place of Birth Unknown
Place of Death Bovina, Delaware, NY
(Dutchess or Westchester Counties)
The Last Will and Testament of Elihu Fuller, Town of Bovina, County of Delaware, State of New York
1. Elihu Fuller considering the uncertainty of this mortal life, and being of sound mind and memory, thankful to Almighty God for the same, I do make and publish this my last Will and Testament in the manner and form following, that is to say.
First I give and bequeath to my beloved wife, Mary, all that piece and parcel of land being in the town of Bovina, county and state aforesaid, being all the parts of lots no. 41, 51, & 52 in the great lot 41 in the Hardenburgh Patent lying south of the highway and now bounded on the west by lands of Isaac Aitkins, on the south by Isaac Aitkins and widow Thompson, and on the east by lands of Robert Ballantyne, and on the north by lands of John Scott(excepting and reserving therefrom 30 acres of wood land heretofore sold to William S. Scutt together with all the hereditments thereto belonging to and hand to hold to her and her heirs and assigns forever.
Item Second. I give and bequeath to my beloved son Benjamin the sum of one hundred dollars.
Item Third. I give and bequeath unto Mary Robinson, heir of my beloved daughter, Sally, the sum of one hundred dollars.
Item Fourth. I give and bequeath unto my beloved daughter Jeanette, the wife of John Seacord, the sum of one hundred dollars.
Item Fifth. I give and bequeath unto my beloved son Richard Fuller, the sum of one hundred dollars.
Item Sixth. I give and bequeath unto my beloved daughter Elisa, the wife of Hiram Scutt, the sum of one hundred dollars
Item Seventh. I give and bequeath unto Nehemiah Purdy, the sum of fifty dollars.
Item eighth. I give and bequeath unto Hugh Bennett, the son of my beloved daughter Moriah, the sum of one hundred dollars.
Item Ninth. And lastly, as to the rest and remainder of my personal estate goods and chattel of what kind so ever, I give and bequeath the same to my said beloved heirs, to each in equal shares, after all my debts are paid after my decease (excepting therefrom the household goods my wife Mary has made since she had lived with me.)
Item Tenth. But never the less, this bequest to my beloved wife Mary is made upon the extreme condition that she or her heirs or assigns shall after my decease pay or cause to be paid the following sums: Six hundred dollars, in six annual payments of one hundred dollars each, the first payment to become due one year after my decease. The interest to commence running on said payments as they respectively become due.
Item Eleventh. And I hereby appoint my son Benjamin Fuller sole executor of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this 15th day of May 1846,
Signed: Elihu Fuller
Ricahrd Morse resoiding in Andes, NY.
William S. Scutt residing in Bovina, NY.
State of New York
To Edwin More, Esq., Surrogate of the county of Delaware.
The Petition of Mary Fuller of the town of Bovina in said county respectfully showeth.
That Elihu Fuller, late of said town of Bovina, died on the 21st day of June instant, having previously made and executed his last Will and Testament, that Benjamin Fuller, late of said town of Bovina was named the sole executor of said will and testament, but who died before the death of said Elihu Fuller. That Elihu Fuller was a citizen of the United States at the time of his death, and an inhabitant of said town of Bovina, that his Will relates to real and personal estate.
That the following named persons are all the heirs at law and next of kin of said Elihu Fuller deceased. Viz. Hugh Bennett, who resides in Bovina aforesaid, Mary Robinson, a minor residing in Pennsylvania . . . but her particular residence is at present unknown to your Petitioner. Jeannet Seacord, wife of John Seacord, who resides in Bovina aforesaid. Richard Fuller who resides in Andes, Delaware County, and Eliza Scutt wife of Hiram (?) Scutt who resides in the place last aforesaid.
And your Petitioner further prays that said Will may be proved as a Will of real and personal estate and recorded and that a citation my . . . to the heirs at law and next of kin of said deceased returnable at such time and place as said Surrogate shall . . . requiring them to attend to the probate of said Will and Testament such further proceedings should be had before said Surrogate as may be needed and requested in this process, but that your Petitioner, being the widow of said Elihu Fuller, deceased, may be appointed the administratix of the estate of said deceased with the Will annexed, and that she may be allowed to name to the Surrogate hereafter a proper and equitable person to be appointed an administrator of said estate and Your Petitioner will even pray.
Dated June 28, 1848 ....... Signed: Mary Fuller
Witness: A. Parker
Mary Fuller, the Petitioner, who being named, being already sworn says, that she has been read the foregoing petition and knows the contents thereof and that all the facts set forth therein are true according to her knowledge and information, and belief.
Signed: E. More, Surrogate