Facts and Events
Will of Patrick McCutcheon
Will Book 1 - Page 307 Williamson County Tennessee
- In the name of GOD Amen I, Patrick McCutchen of Williamson County, Tennessee, having all the faculties of my mind in their usual vigor, and preparing for that even which is the common lot of all human beings, in order that no disputes may arise about what it has pleased the Almighty to grant my industry and in order to make such a disposition of all my worldly affairs as shall be consistant with my feelings so make and ordain this my last Will and Testament, hereby revoking all others heretofore made:
- In the first place it is my will and desire that my executors hereafter mentioned shall pay all my just debts with the greatest punctuality as I have hitherto endeavored to do myself, that no one can tax me with injustice.
- Secondly, I will and bequeath to my brother James McCutchen, to my brother Samuel McCutchen, to the legal heirs of my brother John McCutchen deceased, to the legal heir of my sister Sarah McNutt deceased, to the legal heirs of my sister Margaret Buchanan deceased, the several sums following (to wit) : To my brother James three dollars, to my brother Samuel three dollars, to the heirs of my brother John deceased, jointly two dollars, to the heirs of my brother William deceased, jointly one dollar and fifty cents, to the heirs of my sister Sarah deceased, jointly one dollar, to the heirs of my sister Elizabeth deceased, jointly one dollar, to be paid by my executors whenever called for after twelve months from the time of my decease.
- Thirdly, I will and bequeath to my beloved wife Hannah during her natural life the Tract of Land on which I now live, with all its appurtenances together with all the residue of my Personal property of every kind, including the slaves which remain after the payment of my just debts mentioned in the first article and the several legatees mentioned in the second amounting to twelve and fifty cents and a contingency which shall hereafter mentioned to be used as she may think proper, the slaves never-the-less to be subject to the arrangement to be made in a subsequent article of this Testament
- Fourthly, I will and bequeath to Patrick McCutchen, fourth son of my brother Samuel all my right, interest, and claim to an undivided part of a Tract of Land for which Mathew Talbot gave his obligation to James McCutchen and to which I have together with the said James and Samuel McCutchen a claim for a certain portion now recollected to be expended and laid out by Samuel McCutchen on the education of the said Patrick but if the claim which is now litigating in the Law shall not amount to two hundred dollars it is my will that the same shall be made equal to the sum to two hundred dollars out of my personal ---?----- which is the contingency mentioned in the third article.
- Fifthly, I will and bequeath to the said Patrick McCutchen fo son of my brother Samuel McCutchen and to Elizabeth Larkins daughter of John Larkins by his first wife Margaret jointly and equally the land on which I now live with all its appurtenance together with a the residue of my personal property (slaves excepted) which shall remain after the payment of my just debts and the several legacies mentioned in the second article, and making good the deficiency hundred dollars mentioned as a contingency in the fourth article to Patrick McCutchen or severally, to take effect at the death of my beloved wife Hannah to whom the property is given during her natural life as mentioned in the third article.
- Sixthly, it is my will and desire that my negro man slave named Jack aged about twenty four years, also my negro man slave named Ben aged about nineteen years, also my negro woman slave named Rose aged about twenty-six years together with what children she may hereafter have, if any before the death of my wife Hannah, also my negro girl slave named Elisa aged about eleven years, also my negro, girl slave named Scinthis aged about seven years, also my negro boy slave named Thomas aged about four years, also my negro girl slave named Harriett aged about two years, also my negro girl slave named Maria aged about two months, the last four named slaves being children of the above named Rose, shall all and each at the time of the death of my beloved wife Hannah, to whom they are given during her natural life as mentiorred in the third article - be liberated from slavery, and forever and entirely set free, provided those who are not now of age or shall or shall not have arrived to the age of twenty-one years at the happening of the death of my beloved wife Hannah shall be subject to the following disposition (viz) Eliza shall at the contract and under the direction of my brother Samuel McCutchen until her arrival at the age of twenty-one years and then be set free. Scinthia, Ben, Thomas, Harriet and Maria shall be at the contract and under the direction of James Marshall my wife's brother until they shall each respectively arrive at the age of twenty-one years at which time or times they are to be each respectively liberated and forever set free.
- Lastly, I do hereby nominate and appoint my beloved wife Hannah, my trusty and wellbeloved brother Samuel McCutchen and my trusty friend James Marshall executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal this twenty ninth day of April in the year of our Lord one thousand eight hundred and twelve. (1812).
- Signed - Patrick McCutchen (Seal)
- Signed and sealed in the presence of us John Hardeman - William Marshall.
- R is my will and desire I do hereby make as part of my will'and which shall be of equal validity, the following additional and explanatory article. Whereas some doubts may be entertained respecting the construction of the fifth article and as I find upon review of the Subject I have not expressed my meaning with sufficient prespecurity I declare this to be my will and meaning of the fifth article. Patrick McCutchen named in that article is to be joint legatee with Elizabeth Larkins of the land only, and Elizabeth Larkins sole residue or legatee of the personal property, which shall remain at the death of my wife. In witness whereof I have hereunto set my hand and seal the day and date above written.
- Signed Patrick McCutchen (Seal)
- John Hardeman
- William Marshal
Information on Patrick McCutcheon
CHAPTER III [The McCutchen Trace" ]
PATRICK McCUTCHEN, second oldest son of James and Grisal McCutchen, was born, it is presumed, in Augusta County on the land his father had purchased from Beverly in 1738, Augusta County, Virginia. After having been mentioned in his father's will, no more is heard of him until he and his brother John, and John's wife Elizabeth, are selling property to another John McCutchen, whose property it is learned adjoins that of Robert's, father ofJohn, and alleged brother of James. It is assumed that Patrick and the entire McCutchen family, along with their cousins, the Campbells, began moving southward in Virginia, eventually getting to the place later named Washington County. We find no war record showing that Patrick served in the Revolutionary war as is recorded that the other four brothers did. However, according to Julia McCutchen Hensley of Fort Worth, Texas, the descendant of the first Robert McCutchen, through his son William (also doing research for the McCutchen ancestry) Patrick, along with George, John, James and John McCutchen made claims for grants for Revolutionary War Service. She states this is found in Jane
Revell's original Index Book, No. 95, Entry book, page 225. (This I have not verified.) According to the Tennessee Historical Quarterly, Volume VIII, No. 1, on page 12 can be found that Patrick McCutchen was one of the signers of the Cumberland Compact in 1780, and was one of the original settlers of Nashville, Tennessee, and his two brothers James and Samuel, are shown paying taxes in Davidson County among the very first to do so. He was the first individual in Williamson County to receive his stock mark. In this same magazine, on page 17, it is stated that part of Williamson County was outside the military reservation, and land was sold under the prescribed North Carolina system. A tract in the Southeastern part of the present Williamson County purchased by Patrick McCutchen is recorded thus: "Know ye that we for and in Consideration of the Sum of Ten Pounds for every hundred Acres hereby Granted Paid into our Treasury by Patrick McCutchen have given and granted a tract of 640 acres" And on page 22 of the same magazine the statement is made: "The slave system was by no means static, for the wills of Patrick McCutchen and others record the liberation of slaves." On page 30 of this volume, Patrick McCutchen recorded his stock mark as a "crop slit in the right ear, and a half slit in the left ear. Year 1804."
In Davidson County, Tennessee, Will Book and Inventories, Vol. 1, 1784-1794 page 92, is found John McCutchen's will. This was made on the 30th of January, 1789. Patrick and James McCutchen are mentioned along with his wife Elizabeth McCutchen and sons James and Hugh. Patrick McCutchen married Hannah Marshall March 24, 1789. (She was a sister to William Marshall who married Ann Bell, sister to Catherine Bell McCutchen.) In 1800 Patrick McCutchen and others were ordered to lay out the road from the mouth of Arrington Creek to Franklin, Williamson County, Tennessee. This, road is a part of the now known Natchez Trace. It was not until Patrick McCutchen's will was discovered by our family did we have actual proof that he and our Samuel were brothers, even though we did know that Samuel had named his fourth son Patrick.