Transcribed by Forrest L. Fuller, June 15, 2001
The Last Will and Testament of
B. 1793, Fishkill, Dutchess, NY
D. 29 Sept. 1847, Bovina, Delaware, NY
20 September, 1847, Bovina, Delaware, NY
Know all men by these present that I, Benjamin Fuller, of the age of fifty four years, of the town of Bovina, County of Delaware, state of New York, being of sound mind and memory, thanks be to God for the same, knowing that it is appointed once for all men to died do make and publish this my last Will and Testament, this twentieth day of September, the year of our Lord one thpousadn eight hundred and forty seven in manner following
First. of all I surrender my soul in the hands of theAlmighty God who gave it to me, and my body I leave to the entire descretion of my friends to be buried in a decent and Christian like manner.
As to my wordly estate, I give and bequeath in the mnanner following
FirstI give and bequeath to Elihu Bennet, son of my deceased sister the sum of five hundred dollars to be paid on or before the expiration of three months from my decease.
Also I give and bequeath to Benjamin Fuller McKenzie, son of Edward and Lydia marie Mckenzie the sum of fivwe hundred dollars for the purpose of educating him and preparing him for business.
Also I give and bequeath to my two sisters Janet, wife pof John Seacord, and Anna Eliza, wife of Hiram Scutt the sum of ten dollars each to be paid before the expiration of three months, and any body clothes to be divided equally between the above named two sisters.
Also I give and bequeath to Benjamin Kels
ey, the son of Noah W. and Sarah Kelsey, now residding in the county of Albany . . . the sum of ten dollars to be deducted from a certain noteheld by me against his father, Noah Kelsey.
Also I give and bequeath to my brother Richard Fuller a cewrtain set of two house (?) now in the posession of Edward McKenzie.
Also I give and bequeath to Benjamin Hilton, son of Peleg and Hannah Hilton of the town of Andescloth for a suit of clothes the value of not less than one dollar per yard.
Also I give and bequeath to Benjamin Scutt, son of Hiram and Anna Eliza Scuttf, cloth for a suit of common clothes
All the rest and residue of my estate and property whateveer and wherever and of what nature or quality not heretofore given and disposed of (after payment of my debts and funeral expenses, I do give and bequeath to my adopted daughter, Lydia Marie, wife of Edward McKenzie to her executors and administrators and assigns to and for her and their own use and benefit. Absolutely revoking all former Wills and bequests by me made.
And I do hereby appoint and constitute Edward McKenzie sole executor of this my last Will and testament in witness whereof I have hereunto set my hand and seal this day and year above.
Signed: Benjamin Fuller
The above instrument consisting of two sheets was now here and also created by Benjamin Fuller, the testator in the presence of each of us and was at the same time declared by him to be his last Will and Testament, and we at his request sign our nameshereto as (??)
Signed: William Sull of Bovina, Delaware County, NY
Thomas A. Landon
I live in Bovina and have (?) of this Will and for many years was acquainted with Benjamin Fuller. Had known him 10 or 12 years. Intimately for eleven months past. I saw him execute this Will as I have witnesssed. He said this is my last Will and testament I want you to sign it. I put my name to it in his presence. I think he was of sound mind and memory at the time he executed the Will, and was under no restraint. Did not appear to be, seemed to understand what he was about. Will was not resented to him in my presence before execution. I understood from Sull it had been read and Fuller opted (?) As handled I think as far as I can understand there was no influence used to make him execute the Will. (? ?) James Seacord, I have (?) in this family.
Signed E. More surrogate
Sworn to Thomas A. Landon. Edward McKenZie the Will remained locked in Fullers chest from the time I put thre until the time I brought it here.
Tehreby certifiying that the foregoing is the record of the Last Will and Testament of Benjamin Fuller, late of the town of Bovina (deceased) duly proved as a will of personal estate and the proof and exaiminations there to taken withiin. Surrogate Court in the said county of Delaware, NY.
November 1st, 1847
Signed E. More, Surrogate
In the Matter of Provoing
the Will ofNovember 1st 1847
Mr. Elisha Fuller appears to contest I. A. Hughston from execution objects to his interest.
Elisha Fuller I am brother of deceased, he has two sisters besides myself, father is 75 to 80 years old is blind and infirm but can get around. I have not talked with him about it but I think he wants ot contest the Will. My brother willed most of his property to his neice whom he brought up by surrogate.
I saw Mr. Scutt, it might have been I understood from him he had been down, he married Benjamin Fuller's sister, he doesn't go away from home. I live 15 miles from Elihu Fuller. I don't know whether Scutt has seen him since last Monday, I have not.
Mr. Gordon, counsel for Elisha Fuller asked an adjournment in order to enable them to procure witnessdes to contrest the Will.
Surrogate asked Mr. Gordon if he will appear for Elihu Fuller, father of the deceased and ask to contest. Mr. Gordon replied that he had no authority and declined so to so. The Surrogate then went on with the examination informing Mr. Gordan that he might examine the witness.
William Sull swears, I reside in Bovina, Delaware County, I sawBenjamin Fuller recite the Will, saw him subscribe his name. He then resided in Bovina Center, at the house of Edward McKenzie. I heard himn declare at the time he requested me and Thomas A. Landon to write it. He declared it to be his last Will and Testament, and we subscribed to it as subscribing witnesses at his request and in his presence and in the presence of each other. It was executed at the time it bears date.I had acquaintance with him eight years, two years intimately, quite so for the last year. At the time he executed the Will I considered him of sound mind and memory for anything that I could see. I could not see that he was under any restraint. Appeared to act as any man would under any ordinary circumstances. He seemed to understand what he was about. I read the Will to him and he approved of every legacy as I read it over.
(?) I drew up the Will at his request, did not draw the Will in his presence. Dr. McKenzie told me how to draw it. I was at my house.n He read it from a piece of paper as he said B. Fuller wanted it. It was not in his writing. His wife and child (?) are the principal diesease he pracices medicine and Testator lives in his house. He had complained for some time. Mr. McKenzie was his principal physician. Calhoun and Dan Martial also attended him. He died the next week, his complaint was diarrhea at first and his bowels ulcerated when he spoke to me about his Will. He said he had been thinking of having his Will drawn and wanted to know if I could draw it. I said I am honored had I (?) to live about it. Will was drawn the net day, Monday,and he executed it that day. He was bolstered up in bed. He was fifty two or fifty three years of age He said he wanted me should witness that, his last Will and Testament.
I told him it was necessary to request us to sign as witnesses and he did so. People say hew as worth from two to three thousand dollars. There was one sentance he requested me to read over twice. He did not udnerstand "by the court". He took the Will after execution and told Dr. McKenzie to take his keys and put it in the chest near the head of the bed and lock it up and secure the key and the doctor did so and put the keys back into Fullers pocket. is poantaloons were hangin in the room. Mrs. Mckenzie was and "adopted" daughter and had lived with him a number of years, she was his niece.
About the time he decalared it to be his last Will and Testament the doctor spoke and said not (?) the opinion of any one. Fuller said without the influence of any body.
Signed: William Sull
Thomas A. Landon