Will of James Tutt m. Ann Minor
Replies: 2
Will of James Tutt m. Ann Minor
 texantwo
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Posted: 4 Nov 2004 12:58AM GMT |
Classification: Query
Highland Co., OH, records include an authenticated transcript of the will of a James Tutt of Culpeper Co., VA. This will was brought to my attention several months ago by another Tutt researcher, Tutt Lambert. Because the will raises some questions, I thought I'd post the text of it here to draw comments. These folks are not in my direct line, but I am interested in any Tutts.
According to the transcribed information, this will was written in June 1813 and proven in August 1813 in Culpeper Co, VA. Its author appears to be the James Tutt who married Ann Minor, but one of the questions the will raises concerns two named sons, Richard Johnson Tutt and Benjamin Tutt. I have not previously seen either listed as a child of James Tutt and Ann Minor. Another question concerns a Richard I. Tutt, will witness, who was parenthetically shown to be the son of a John Tutt. Who is Richard I. Tutt?
The will transcript resides in Highland Co., OH, because it was evidence in an 1828 lawsuit there involving the equal halves of OH land that James Tutt willed to his daughters, Matilda C. Tutt and Lucy Tutt. According to Highland Co. records, Lucy sold her half of the land to a Benjamin Tutt in January 1816. In October 1816, this Benjamin, pretending to own both halves, sold them to Thomas S. Foot and Nicholas Sinks. In December 1827, Matilda C. Tutt sold her half of the land to a Robert J. Tutt, who, in 1828, sold the land to Samuel Bell and Richard Collins. Bell and Collins brought suit against Benjamin Tutt, et. al., in Highland Co., OH. Foot and Sinks were dead at the time of the suit and Benjamin resided in VA.
Unfortunately, the photocopy of the will transcript does not show the page numbers--I'll have to try and get the proper citation. However, the suit is abstracted on page 132 of "Common Pleas Court Records of Highland County, Ohio (1805-1860)", compiled by David N. McBride and Jane N. McBride, and the transcribed will is abstracted on page 13 of "Wills, Administrations, Guardianships and Adoptions of Highland County, Ohio (1805-1880)", also compiled by the McBrides.
Gary Tutt
Denton, TX
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Highland common Pleas July (14) Term 1828
This day the authenticated copy of the last will and testament of James Tutt of the County of Culpeper and State of Virginia was presented to the Court to be admitted to record in this County agreeably to an act entitled "an act relating to wills" and the court upon examination are satisfied that the said will has been legally proven and authenticated in the said County of Culpeper in the state of Virginia and admitted to record therein agreeably to law and the said Court are further satisfied that the said copy of said will here exhibited is legally authenticated and that part of the land named and devised in said will is situated in the County of Highland State of Ohio. It is therefore ordered by the Court that the said authenticated copy of said will be admitted to record in this County agreeably to the said act relating to wills & that the same be recorded by the Clerk of this Court together with a copy of this order.
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In the name of God amen I James Tutt of the Parish of Bromfield in the County of Culpeper formerly of the Parish of St. George in the County of Spotsylvania being of sound mind and memory do make this my last will and testament in the manner and form following when it shall pleas God to take me out of this transitory life. I shall die in hope of a blessed resurrection through the merits and meditation of our blessed Lord and Savior Jesus Christ who came into the world to save miserable sinners of whom I am one of the greatest. My desire is that my Executor or Executors may see me decently interred without pomp or parade.
1st I give to my son Richard Johnson Tutt the tract of land I formerly lived on in Spotsylvania County on Rappahannock and on which he now resides for which I have made him a deed of gift. Also one Negro man named Peyton and one mulatto boy son of house[?] Polly named Robert and one bed & furniture and a cherry wood table to him and his heirs forever---
2nd I give to my son Charles Minor Tutt the tract of land on which he now resides for which I have made him a deed of gift. Also one Negro man named James, one Negro woman named Mary, one feather bed & furniture, one cherry wood dining table, one large copper kettle, and my clock. One Negro woman named Judy with the future increase of the said Mary and Judy to him and his heirs forever--
3rd I give to my son John Tutt one half of the tract of land which I own lying on the waters of Red River in the State of Kentucky supposed to contain seven hundred and fifty acres. Also one mulatto boy (the son) of house[?] Polly named John, one Negro woman named Polly and her three children Rose, Mariah and Rachel, one Negro boy named Moses and one bed and furniture together with the future increase of the said females to him and his heirs forever--
4th I give to my son James Tutt the tract of land on which he now resides for which I have made him a deed of gift. Also one Negro man named Horace one Negro man named James one Negro woman named Cate one Negro girl named Harriett one Negro boy named James ( son of Judy) one feather bed and furniture one walnut table and one desk & book case with the future increase of the aforesaid female Negroes to him and his heirs forever--
5th I give to my son Benjamin Tutt the other half of my land lying on the waters of Red River in the State of Kentucky - also one Negro woman named Mullafriney[?] Polly and her children Davy, Ophilia and Rachel. Also Negro man Phill and a boy named William the child of Judy and a bed and furniture with the future increase of the aforesaid females to him and his heirs forever--
6th I give to my daughter Matilda C. Tutt one Negro man _____, one Negro woman named Mariah and her two children both females their names not known, one mulatto woman named _____ and her four children, to wit: William, Harrison, Mary and Rundle one feather bed and furniture and a chest of drawers with the future increase of the said females to her and her heirs forever--
7th I give to my daughter Lucy Tutt one Negro man named ______ one Negro girl named Annabella one mulatto do named Fanny one Negro woman named Hannah and her three children Henry, Lu__, & a young male child name not known and a Negro woman named Charlotte together with the future increase of the said females. Also one feather bed and furniture, one chest of drawers and one small table to her and her heirs forever--
8th I give to my Grand Daughter Mary Ann P Tutt daughter of my son Richard Johnson Tutt one Negro girl named Charlotte the daughter of Judy to her and her heirs forever--
9th I give to my daughters Matilda C. Tutt and Lucy Tutt the two largest tracts of land which I own in the State of Ohio supposed to contain about fifteen hundred and sixteen acres to be equally divided in quantity and quality betwixt them to them and their heirs forever.
10th It is my will and desire that my Executors hereafter named should sell after my death if not before sold for the best price that can be got my other tract of land in the State of Ohio supposed to contain one hundred and fifty acres and the money arising from such sale after paying such debts as I may justly owe to be equally devised between my sons Charles Minor Tutt, James Tutt, John Tutt and Benjamin Tutt.
And lastly I do hereby appoint my sons Charles Minor Tutt and James Tutt Executors of this my last will and testament hereby revoking all other or former wills and Testaments by me heretofore made in witness hereof I have hereunto set my hand and affixed my seal this twenty[?] third day of June in the year of our Lord one thousand Eight hundred & thirteen.
Signed, sealed, published & declared as & for the last will & |
testament of the above named James in presence of us | James Tutt (seal)
Richard I. Tutt (son of John), Zachariah Griffin, Benjamin |
Colvin, James Gibson.
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At a court held for Culpeper County the 16th day of August 1813---
This last will and testament of James Tutt decd. was exhibited to the Court and proved by the father of Richard I Tutt, Zachariah Griffin and Benjamin Colvin three of the witnesses thereto and ordered to be recorded and on the motion of Charles M. Tutt one of the Executors therein named, Certificate is granted him for obtaining a probate thereof in due form he having made oath thereto and given hand and security according to law liberty being reserved to the other Executor therein named to join in the probate when he shall think fit.
Test Wm Brodus Jr Clk
A copy Test. T. W. Lightfoot CC
According to the transcribed information, this will was written in June 1813 and proven in August 1813 in Culpeper Co, VA. Its author appears to be the James Tutt who married Ann Minor, but one of the questions the will raises concerns two named sons, Richard Johnson Tutt and Benjamin Tutt. I have not previously seen either listed as a child of James Tutt and Ann Minor. Another question concerns a Richard I. Tutt, will witness, who was parenthetically shown to be the son of a John Tutt. Who is Richard I. Tutt?
The will transcript resides in Highland Co., OH, because it was evidence in an 1828 lawsuit there involving the equal halves of OH land that James Tutt willed to his daughters, Matilda C. Tutt and Lucy Tutt. According to Highland Co. records, Lucy sold her half of the land to a Benjamin Tutt in January 1816. In October 1816, this Benjamin, pretending to own both halves, sold them to Thomas S. Foot and Nicholas Sinks. In December 1827, Matilda C. Tutt sold her half of the land to a Robert J. Tutt, who, in 1828, sold the land to Samuel Bell and Richard Collins. Bell and Collins brought suit against Benjamin Tutt, et. al., in Highland Co., OH. Foot and Sinks were dead at the time of the suit and Benjamin resided in VA.
Unfortunately, the photocopy of the will transcript does not show the page numbers--I'll have to try and get the proper citation. However, the suit is abstracted on page 132 of "Common Pleas Court Records of Highland County, Ohio (1805-1860)", compiled by David N. McBride and Jane N. McBride, and the transcribed will is abstracted on page 13 of "Wills, Administrations, Guardianships and Adoptions of Highland County, Ohio (1805-1880)", also compiled by the McBrides.
Gary Tutt
Denton, TX
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Highland common Pleas July (14) Term 1828
This day the authenticated copy of the last will and testament of James Tutt of the County of Culpeper and State of Virginia was presented to the Court to be admitted to record in this County agreeably to an act entitled "an act relating to wills" and the court upon examination are satisfied that the said will has been legally proven and authenticated in the said County of Culpeper in the state of Virginia and admitted to record therein agreeably to law and the said Court are further satisfied that the said copy of said will here exhibited is legally authenticated and that part of the land named and devised in said will is situated in the County of Highland State of Ohio. It is therefore ordered by the Court that the said authenticated copy of said will be admitted to record in this County agreeably to the said act relating to wills & that the same be recorded by the Clerk of this Court together with a copy of this order.
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In the name of God amen I James Tutt of the Parish of Bromfield in the County of Culpeper formerly of the Parish of St. George in the County of Spotsylvania being of sound mind and memory do make this my last will and testament in the manner and form following when it shall pleas God to take me out of this transitory life. I shall die in hope of a blessed resurrection through the merits and meditation of our blessed Lord and Savior Jesus Christ who came into the world to save miserable sinners of whom I am one of the greatest. My desire is that my Executor or Executors may see me decently interred without pomp or parade.
1st I give to my son Richard Johnson Tutt the tract of land I formerly lived on in Spotsylvania County on Rappahannock and on which he now resides for which I have made him a deed of gift. Also one Negro man named Peyton and one mulatto boy son of house[?] Polly named Robert and one bed & furniture and a cherry wood table to him and his heirs forever---
2nd I give to my son Charles Minor Tutt the tract of land on which he now resides for which I have made him a deed of gift. Also one Negro man named James, one Negro woman named Mary, one feather bed & furniture, one cherry wood dining table, one large copper kettle, and my clock. One Negro woman named Judy with the future increase of the said Mary and Judy to him and his heirs forever--
3rd I give to my son John Tutt one half of the tract of land which I own lying on the waters of Red River in the State of Kentucky supposed to contain seven hundred and fifty acres. Also one mulatto boy (the son) of house[?] Polly named John, one Negro woman named Polly and her three children Rose, Mariah and Rachel, one Negro boy named Moses and one bed and furniture together with the future increase of the said females to him and his heirs forever--
4th I give to my son James Tutt the tract of land on which he now resides for which I have made him a deed of gift. Also one Negro man named Horace one Negro man named James one Negro woman named Cate one Negro girl named Harriett one Negro boy named James ( son of Judy) one feather bed and furniture one walnut table and one desk & book case with the future increase of the aforesaid female Negroes to him and his heirs forever--
5th I give to my son Benjamin Tutt the other half of my land lying on the waters of Red River in the State of Kentucky - also one Negro woman named Mullafriney[?] Polly and her children Davy, Ophilia and Rachel. Also Negro man Phill and a boy named William the child of Judy and a bed and furniture with the future increase of the aforesaid females to him and his heirs forever--
6th I give to my daughter Matilda C. Tutt one Negro man _____, one Negro woman named Mariah and her two children both females their names not known, one mulatto woman named _____ and her four children, to wit: William, Harrison, Mary and Rundle one feather bed and furniture and a chest of drawers with the future increase of the said females to her and her heirs forever--
7th I give to my daughter Lucy Tutt one Negro man named ______ one Negro girl named Annabella one mulatto do named Fanny one Negro woman named Hannah and her three children Henry, Lu__, & a young male child name not known and a Negro woman named Charlotte together with the future increase of the said females. Also one feather bed and furniture, one chest of drawers and one small table to her and her heirs forever--
8th I give to my Grand Daughter Mary Ann P Tutt daughter of my son Richard Johnson Tutt one Negro girl named Charlotte the daughter of Judy to her and her heirs forever--
9th I give to my daughters Matilda C. Tutt and Lucy Tutt the two largest tracts of land which I own in the State of Ohio supposed to contain about fifteen hundred and sixteen acres to be equally divided in quantity and quality betwixt them to them and their heirs forever.
10th It is my will and desire that my Executors hereafter named should sell after my death if not before sold for the best price that can be got my other tract of land in the State of Ohio supposed to contain one hundred and fifty acres and the money arising from such sale after paying such debts as I may justly owe to be equally devised between my sons Charles Minor Tutt, James Tutt, John Tutt and Benjamin Tutt.
And lastly I do hereby appoint my sons Charles Minor Tutt and James Tutt Executors of this my last will and testament hereby revoking all other or former wills and Testaments by me heretofore made in witness hereof I have hereunto set my hand and affixed my seal this twenty[?] third day of June in the year of our Lord one thousand Eight hundred & thirteen.
Signed, sealed, published & declared as & for the last will & |
testament of the above named James in presence of us | James Tutt (seal)
Richard I. Tutt (son of John), Zachariah Griffin, Benjamin |
Colvin, James Gibson.
----------------------------------------------------------------------
At a court held for Culpeper County the 16th day of August 1813---
This last will and testament of James Tutt decd. was exhibited to the Court and proved by the father of Richard I Tutt, Zachariah Griffin and Benjamin Colvin three of the witnesses thereto and ordered to be recorded and on the motion of Charles M. Tutt one of the Executors therein named, Certificate is granted him for obtaining a probate thereof in due form he having made oath thereto and given hand and security according to law liberty being reserved to the other Executor therein named to join in the probate when he shall think fit.
Test Wm Brodus Jr Clk
A copy Test. T. W. Lightfoot CC