Monday, December 14, 2015

Amanuensis Monday - Post #298: 1756 Will of Richard Cutter (1682-1756) of Woodbridge, N.J.

Genea-blogger John Newmark (who writes the excellent  TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

"A person employed to write what another dictates or to copy what has been written by another."

The subject today is the 1756 will of Richard Cutter (1682-1756) of Woodbridge, Middlesex County, New Jersey:

[page 397 - right-hand page]



[pages 398-399]


[pages 400-401]


[page 402 - left-hand page]


The transcription of this record is:


[page 397, image 538, right-hand page]

[in left margin]

Richard Cutter
Will Recorded
22 Jan'y 1757
Exam'd

In the name of God Amen the twentyeth day of September
in the year of Christ One thousand Seven hundred and fifty six I Richard
Cutter of Woodbridge in the County of Middlesex and Province of East New Jersey
being sick and weak of Body but of sound and perfect mind & memory calling
to mind the mortality of my Body and knowing that it is appointed for all
Men once to Dye Do make and Ordain this my last Will and Testament –
And first I Give and recommend my Soul to God that gave it and for my
Body I commend it to the Dust to be Buried in a Christian like & decent
manner at the discretion of my Executors nothing doubting but I shall receive
the same again by the mighty Power of God and as touching such worldly Es-
tate wherewith it hath pleased God to bless me in this life I Give Devise &
dispose of the same in manner following. Imprimis it is my will and I
do Order that all my just Debts and Funeral Charges be fully paid by my
Executors as soon as may be conveniently after my decease. Item I Give &
bequeath to my well beloved Wife Mercy Cutter the one equal third part
of all the Neat profit & Income of both my Grist Mill and Sawmill which
she shall have & enjoy for &during her natural life also I Give to my said
Wife the one half part of the priviledge use & benefit of my former Dwelling
House at the Cornfield Landing her part to be taken where she shall chuse
and also the use & benefit of the one half part of the Lands & Meadows lying
& adjoyning on the Northerly side of the said Dwelling House & on the North side

[page 398, image 539, left-hand page]

of the said Dwelling House & on the North side of the Road that goes by
the same Bounded Westerly by the Lands herein after given to my Son
Richard Cutter Northerly by Zebulon Pike's Land Easterly in part by Will'm
Cutter's Land and partly by he great Creek including the Islands & Meadow
lying Northerly of Bradly's Creek which moiety shall remain to my
said wife during her natural life. Also I Give & bequeath to my Wife
aboves'd One Feather Bed & sufficient furniture & also the Sum or value of
fifty pounds of curr't money of this Province to be taken out of my Mo-
veable Estate in such particular things as my wife shall chuse & being
by her chosen they shall be Prized and Delivered to her by my Executors
and shall remain to her her Heirs & assigns for ever. Item I give &
Bequeath to my Eldest Son William Cutter the Dwelling House wherein he
now lives together with a piece of Land whereon it stands which Land
shall begin at a Stake planted in the line of my Land being nine Rods
westward from the great Buttonwood Tree that is near the South East Corner
of his House from which Stake it shall run eight Rods north to another
Stake planted for a Corner and from thence Easterly on a Strait line
parrallell with the front line down to the great Creek and from thence
down the said Creek as it runs to the afores'd Front line where it
joyns to the said Creek and from thence Westerly as the said line runs
to the first mentioned Stake and also the one equal half part of my Grist
Mill and Saw Mill including one half of the Stream & all the other priviledges
and Utensils to the said Mills now belonging or appartaining And also
hat Tract of Land on the South side of the Road opposite to my former
Dwelling House whereon the Barn and Orchard now stands as far West-
ward as the line of the Land I bought of Elisha Inslee together with all
that Tract of Salt Meadow which I bought of Zebulon Pike lying on the
South side of the last mentioned Land & on the North side of the Mill pond
(Excepting one acre and a half of said Meadow to be taken of the Wes-
terly end thereof which is hereby reserved for my Son Richard and
also the one third part of that Lott of Land on Strawberry Hill which I
bought of Richard Dole the said Third part to be taken off the Northerly
end of said Lott adjoyning to Zebulon Pikes Land and also the one equal
Third part of my Lott of Land call'd Ten Acres lying on the South side of
the Brook called Pike's Brook which shall be Divided to him and to his Brothers
herein after mentioned by Lott drawn for that purpose and also five acres of
Salt Meadow lying at Raraton on the Westward side of the Meadow called
Proprietors Meadow & on the North side of the Creek called Abrahams Creek
being that Meadow that was given to me by my father in law John Pike
and also the one equal third part of that Tract of Land which lyes on
and near the hill formerly called Lockhearts hill which belonged formerly
chiefly to John Whitcher with some other additions containing in all
about twenty seven acres which shall be divided to him & his two Brothers
hereafter named in quantity and quality and all abovesaid to remain
to him his Heirs and Assigns forever. Item I Give and bequeath to
my Son Richard Cutter the House and Lands which I bought of Elisha

[page 399, image 539, right-hand page]

Insley and also that one acre & half of Salt meadow reserved as above
to be taken off the Westerly end of the Tract I bought of Zebulon Pike between
the Mill pond and the upland whereon the Barn stands and likewise the one
equal third part of that Lott of Land on Strawberry hill which I bought of
Richard Dole which third part of his shall be taken of the South end of s'd Lott
& adjoyned to his House Lott and also the one equal third part of that Tract or
Parcel of Land which lyes on & near the hill formerly called Lockhearts hill
which formerly belonged chiefly to John Whitcher with other additions con-
taining in all about twenty Seven acres which shall be Divided to him & his
two brothers as abovesaid in quantity and quality and likewise the one equal
third part of my Lott of Land call'd Ten Acres lying on the South side of the
brook call'd Pikes brook which shall be Divided to him & his two brothers by Lotts
drawn for that purpose and also one third part of that fifteen acres Lott of
Salt Marsh lying in Raraton Meadows on the South side of the great Creek which
shall be taken of the East end of the Lott and also the one equal half particular
of my Grist Mill & Saw mill including one half part of the Stream & all the
other Priviledges and utensils to the said Mills belonging or appertaining
all abovesaid to remain to him his Heirs & assigns forever. Item I Give and
bequeath to my Son Joseph Cutter all that Tract of Land lying on the Easterly
side of the Road that goe to Metuchin between the Lands of Isaac Tappen &
David Evans containing near about forty acres being one twenty two acre Lott
& a ten acre Lott Drawn in the right of John Whitcher & a small addition
taken up in a Ten pound right all adjoyning together also that Six
acre Lott of Salt Meadow lying on the West side of the highway that goes
from the upland to the bridge over the House Lot Creek in Raraton meadows
all abovesaid to him his Heirs and assigns for ever. Item I Give bequeath
to my Son Ebenezer Cutter all that my ancient Dwelling House & Land &
meadow adjoyning lying on the North side of the Road that goes from Corn-
field Landing to the Amboy Road Bounded Westerly by the Lands of my
Son Richard Cutter Northerly by Lands of Zebulon Pike Easterly on the
great Creek in part & partly by Lands of my Son William Cutter together with
an Island of Meadow lying on the North side of that Lott of Land on Strawberry
hill which I bought of Richard Dole his part shall be bounded South west
on the Road and northeast by the Lands of my Son Richard Cutter the Di-
vision lines to lye cross the whole Lott parrallel with the line of Zebulon Pike's
Land moreover I Give and bequeath to my abovesaid son Ebenezer Cutter the
one equal third part of my Lott of Land called Ten acres lying on the South
side of the brook called Pikes brook which shall be Divided to him & his two
Brothers as abovesaid by Lots drawn for that purpose the Division Lines to
run parallel with the Westermost line of said Lott, and also the one third
part of that Tract or parcel of Land which lyes on & near the hill for-
merly called Lockhearts hill being the Land which formerly belonged
chiefly to John Whitcher with other Additions containing in all about
twenty seven acres which shall be Divided as abovesaid in quantity and
quality all given to my said Son Ebenezer Cutter in this & the above sheet

[page 400, image 540 left hand side]

shall remain to him his Heirs and Assigns for ever. Item I Give and
bequeath to my Son Samuel Cutter the one equal half part of my sixty
acre Lott of Woodland lying in Woodbridge near the place called the
Pumpkin patch the whole being bounded Easterly and westerly by William
Browns Land northerly by the County line and Southerly by the highway
his half part shall be taken of the Easterly side of the whole Lott which
shall be Divided by number of Acres and Shall remain to him his Heirs &
assigns for ever and likewise my Will is that my Son Samuel Shall pay
to my Son John Cutter the Sum of Ten pounds of curr't money of this Province
within the space of one year next after my decease. Item I give to my
Son Ephraim Cutter the residue or Westerly half part of my sixty acre Lott
of woodland lying near the Pumpkin patch the whole being bounded
East & West by William Browns Land Northerly by the County Line and
Southerly by the highway which shall be equally Divided by number of
acres to him his Heirs & assigns for ever and likewise my Will is that my
Son Ephraim shall pay to my Son John the Sum of Ten pounds of curr't money
of this Province within the space of one year after my decease and fur-
thermore my Will is that my two Sons Samuel and Ephraim Cutters
shall have occupy and enjoy all my Priviledge Right and property
(which I have and hold by a Lease) in and upon the Plantation that was
formerly John Skinners to be by these my two Sons equally enjoyed
and the Rents and conditions of & in said Lease mentioned by them equally
paid & performed according to the Tenor of said Lease as I my self ought
to do and my Executors to be discharged from any manner of right of
having doing or paying any thing in the said Lease mentioned or
intended. Moreover I Give to my Son William Cutter all that Lott
of Woodland lying on the North side of Piscataway Road Containing
Twenty acres which was taken up in the right of John Whitcher
Bounded East by Moses Collyers Land and West by Samuel Comptons
Land to remain to him his Heirs and assigns forever. Likewise I
further Give to my Son Richard Cutter all that piece of Woodland
being Twenty Acres bounded Easterly by Alexander Edgars Land Sou-
therly by Jonathan Rowlands Land and West by Israel Thomels Land
to him his Heirs & assigns forever. And furthermore I Give to
my Son Joseph Cutter all that Lott of woodland Containing about nine-
teen Acres Bounded North by Jonathan Congers Land East by Land of
Israel Thomel & West by James Ayers his Land all to him his Heirs
and Assigns for ever. Moreover my Will is and I do order that my Son
William Cutter shall pay to my Daughter Sarah Jaqueth the Sum of
five pounds and to my Daughter Hannah Dennis the Sum of Ten pounds
and to my Daughter Esther Marsh the Sum of five pounds all in curr't
money of this Province within the space of one year after my decease,
and also my Son Richard Cutter shall pay to my Daughter Rebecka
Cutter the Sum of Twenty pounds in curr't money of this Province within
the space of one year after my deceased And also my Son Joseph Cutter
shall pay unto my Daughter Mary Baker the Sum of Twenty pounds

[page 401, image 540, right-hand page]

of curr't money of this Province within the space of one year all to
remain to my abovesaid Daughters and each of them their Heirs & assigns
forever. And further it is my Will and I do order that my three Eldest
Sons William Cutter Richard Cutter and Joseph Cutter Shall joyntly & equally
pay and discharge all my funeral Charges the Probate of my Will and all
my other just Debts that shall be found due at the time of my decease
each of them shall pay a third part of the whole. And further it is my
Will and I do order that if any of all my Sons do bring an accompt of Debt a-
gainst my Estate after my Decease for Services done for me or mine before my
decease then the Party so proceeding and Demanding shall be forever thereupon
debarr'd & cut of from any Legacies herein given and the same shall be equally
Divided amongst all the rest of my Children. And furthermore I Give to my
Son Samuel Cutter the Westermost third part of that my fifteen Acres of Salt Marsh
lying in Raraton Meadows on the South side of the great Creek Bounded North
west on the highway & South on Parkers Pattent to him his Heirs & assigns for
ever. Also I give to my Son Ephraim Cutter the remaining third part of that
my fifteen Acres of Salt Marsh in Raraton Meadows lying & to lye between
that part given to my Sons Richard and Samuel the Division to be made
by South line runing through the whole Lott to him his Heirs and
assigns for ever. And further I Give to my son William Cutter the
one half part of those Freehold Rights which I bought of Richard Dole
the other half part of said Rights to be equally Divided between my
two Sons Richard and Joseph Cutter with all the undivided Lands
yet to be taken up or found belonging to the said Rights to them their
Heirs and assigns for ever. And further I Give to my two Sons
William and Richard Cutters all that Ten Acres of Salt Meadow
which I bought of Richard Dole lying at Redroot Landing Bounded
South by Carkis his Lott and North by John Taylors Lott to each of my said
Sons an equal part of the whole to them their Heirs and assigns for ever.
And for the better enabling my Sons William Richard & Joseph Cutters
to pay & discharge all my just Debts & funeral Charges & Legacys as abovesaid
I do hereby Give to them my said three Eldest Sons all the remaining part
of my Moveable Estate that is not before herein given away to my Wife to
them their Heirs and assigns for ever. And Lastly I do hereby nominate
constitute and appoint my three Sons William Cutter Richard Cutter and
Joseph Cutter to be my Executors of this my last Will and Testament And
I do hereby utterly revoke & disannull all & every other former Wills ^Testaments^ & Legacies
& Executors by me at any time heretofore named, Willed & bequeathed Ratify-
ing & Confirming this & no other to be my last Will and Testament. In Witness
whereof I have hereunto set my hand and Seal the day & year above written.
Signed Sealed published pronounced & Declared     }
by the said Richard Cutter this to be his last Will & }      Rich'd Cutter {L S}
Testament in presence of us the Subscribers             }
William Knt Richard Jaques Joseph + Haveland David Donham

Be it Remembered that on the twenty Second day of January One thousand Seven
hundred and fifty seven William Kent and Joseph Haviland two of the within Witnesses
personally came before me Thomas Bartow duly Authorized to prove Wills and they

[page 402, image 541, left-hand page]

being Sworn on the holy Evangelists to do Depose that they were present and Saw
Richard Cutter the Testator within named Sign and Seal the within written Will
and heard him Publish and Declare the same to be his last Will and Testament
and that at the doing thereof he was of sound mind & memory to the best of their
knowledge and as they verily believe and that at the same time Richard Jaques
and David Donham were present and Signed as Witnesses together with
them the Deponents in the Testators presence. Tho's Bartow

Be it also Remembered that at the same time William Cutter
Richard Cutter and Joseph Cutter the Executors within named were qua-
lified by taking the usual Oath of Executors as by Law appointed.
                                                                          Tho's Bartow

The source citation for this record is:

New Jersey Surrogate's Court, Middlesex County, Wills, Liber F, pages 397-402 (images 538-541), Richard Cutter will, 1756; "New Jersey, Wills and Probate Records, 1656-1999," digital images, Ancestry.com (http://www.ancestry.com: accessed 2 September 2015, images no longer available); citing original data from New Jersey County, District and Probate Courts.

Richard Cutter was married twice - first in 1706 to Mary Pike (1687-1721).  Some Cutter researchers list these children to Richard and Mary (Pike) Cutter:

*  Sarah Cutter (1707-1758)
*  Rebecca Cutter (1709-????)
*  Elizabeth Cutter (1711-1750)
*  John Cutter (1713-1759)
*  Ephraim Cutter (1715-1770)
*  Esther Cutter (1717-1784)
*  Hannah Cutter (1719-1756)
*  Richard Cutter (1721-1768)

Richard Cutter married second to Mercy Kelsey (1698-1760).  The Cutter surname book lists these children for Richard and Mercy (Kelsey) Cutter:

*  William Cutter (1722-1780)
*  Joseph Cutter (1725-1767)
*  Mary Cutter (1728-????)
*  Rebecca Cutter (1730-????)
*  Ebenezer Cutter (1732-????)
*  Samuel Cutter (1734-1759)

The will of Richard Cutter mentions all of those children, except for the first Rebecca and Elizabeth who died in 1750.  

The will says that William, Richard and Joseph are the three eldest sons.  That doesn't match the list above very well.  But the son Richard Cutter's gravestone says he died in the 46th year of his age, so born about 1722.  The gravestone for William Cutter says he died in 1780 in the 58th year of his age, so he was born about 1723.  The gravestone for Joseph Cutter says he died in 1767 in the 42nd year of his age, so he was born about 1725.  Of course, the gravestones may be wrong!

Mercy (Kelsey) Cutter also wrote a will in 1759, and mentioned only her living children - William, Ebenezer, Rebecca and Mary.  She doesn't mention Joseph or Samuel (who died in 1759).

'Tis a puzzle!  I am descended from William Cutter (1722-1780) who married Mary Kent (1726-????), and then their son, Stephen Cutter (1745-1823).  I note that William Kent was a witness to the will of Richard Cutter in 1756.  Could he be a father or a brother of Mary (Kent) Cutter?  

The URL for this post is:   http://www.geneamusings.com/2015/12/amanuensis-monday-post-298-1756-will-of.html

Copyright (c) 2015, Randall J. Seaver


Please comment on this post on the website by clicking the URL above and then the "Comments" link at the bottom of each post.  Or contact me by email at randy.seaver@gmail.com.


2 comments:

stluno said...

What a phenomenal will! Great to have captured it, before it was returned to near-invisibility. If only it, and so many others, were still accessible at Ancestry! My tears have yet to dry.... The letter to Santa is a gem: funny, serious, and "twinkling," just like the old guy himself. Please keep us posted on what happens: I'm sure he will come through with something (and I don't mean cinders). And please see my new, but belated comment on the Rhode Island Wills and Probate Records, which I'm adding to your comments on same.

Sharon said...

Zebulon Pike? Pumpkin Patch? I love it, even though they weren't my ancestors.