NOTES159 for John McCutcheon
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.1392
Taken from my James Berry/Elizabeth McCutchen TIMELINE:
[Carol’s NOTE: On the same day, James Berry executes the following 1794 Power of Attorney from the “Heirs of John McCutchan”. James Berry sells the "McCutchen Heirs" land to Philip Catrine. John McCutchean was a brother of Elizabeth (McCutcheon) Berry. McCutchen's widow was Elizabeth Weir, daughter of Hugh Weir. Another child of Hugh Weir was James Weir who was father to Anny Weir who married 1803 Samuel Berry, one of six sons of James Berry/Elizabeth McCutchen. Another child of Hugh Weir was Mary Weir who was married to William Walker and they were parents of Elizabeth Walker married to Thomas Berry.]
20 March 1798
Washington County, Virginia Deed Book 2, Page 54, 55
KNOW all men by these presents that we James & Hugh McCutchen heir at Law of John McCutcheon, deceased and Elizabeth McCutchen, deceased widow and relict of the said John McCutchen, deceased
, all of Davidson County and ceeded Teritory South of the river Ohio have nominated constituted and appointed James Berry
of Washington County and State of Virginia our true and Lawful attorney
for us and in our names to make sign seal and deliver to Philip catrine of Washington county and State of Virginia a good and Lawful Deed in fee simple to a certain tract of Land lying and being in the County of Washington which Land said Catrine now lives on to do perform and execute the same in our names all things necessary thereunto as we the said James & Hugh McCutchen might or could do were we personally present: As do I the above named Elizabeth doth authorise the above names James Berry to acknowledge away my right of Dower the same as I might or could do were I personally present, and we do ratify and confirm whatsoever our said attorney shall Lawfully do or cause to be done in our names in and about the said Land In witness whereof we have hereunto set our hands and affixed our seals this 20th day of December 1794.
James McCutchan S.S.
Hugh McCutchan S.S.
Elizabeth (her mark) McCutchan S.S.
December 20th 1794 Came before us the subscribed two of the justices of the peace for the County of davidson the above named James and Hugh McCutchan & Elizabeth McCutchan and acknowledged the above power to be their act and deed for the uses and purposes therein contained. Lardner Clark J.A
Territory of the United States of America South of the river Ohio Davidson County
I Andrew Ewing clerk of the said county court do certify to who it may concern that
Lardner Clark and James Means who appear to have taken the acknowledgment of the within Letter of Attorney are and were at the time of taking the same two of the justices of the peace in & for the county Davidson duly commissioned & qualififed and that as such full faith and credit is and ought to be given to these acts in court of justice & this court. In Testimony whereof I hereunto subscribe my name and seal of this County this 14th day of March 1795.
Davidson County Ts
Is Samuel Barton presiding justice in the said county court do certify that Andrw Eqing whose name is marked to the above certificate is clerk of the said County Court duly commissioned and qualified and that full faith and credit is due to his official acts as such. Witness my hand and seal this 14th day of March 1795.
Sam.l Barton S.S.
At a Court held for Washington county the 20th day of March 1798. This power of attorney with the certificates of authentication thereof were exhibited into court and ordered to be recorded. Test And.w Russell D.C.
==============Carol Mitchell's Research ===========================
31. John McCUTCHEN (James M.16, John "Pioneer John"4, James2, Unknown1) was born est 1748 in Augusta Co., Virginia, USA 26 and died before 30 Jan 1789 in Davidson Co., Tennessee, USA.
History and events effecting his life were:
1. Military: A Private in Col. John Gibson's Co. of the 9th Virginia Regiment, served at the Battle of King's Mountain.
2. Heir: Will James McCutchen oldest son John, 1 Feb 1759-16 May 1759, August Co., Virginia, USA. 15
3. He had a residence in 1773 in Fincastle Co., Virginia, USA. 11
4. Deed: John McCutcheon & Elizabeth & Patrick McCutcheon of Fincastle Co. Virginia to John McCutcheon, tract on Little Calfpasture conveyed by Beverley to James McCutcheon decd and by him devised to his sons, 16 Nov 1773, Augusta Co., Virginia, USA. 11
5. He owned land John McCutcheon 297a Commissioners Cert, S fork Holston River, Alex McNutt, Robert Stephensons, Francis Wright, John Asignee of Thomas Bailey 300a settlement made 1769 on 17 Aug 1781 in Washington Co., Virginia, USA. 58
6. Court Record: John McCutchen fined for failing to appear as juror on the Superior Court of Law & Equity, Nov 1788, Davidson Co., Tennessee, USA.
7. He signed a will John McCutchen wife Elizabeth, son Hugh & other younger children, brothers Patrick & James McCutchen exers. Bro James. on 30 Jan 1789 in Davidson Co., Tennessee, USA. 59
8. Pow of Att: James Berry files 1794 POA from heirs of John McCutchen residing in Davidson, TN Territory sells tract to Philip Catrine, 20 Mar 1798, Washington Co., Virginia, USA. 60
9. Mentioned: heirs of John McCutchen, 1798, Davidson Co., Tennessee, USA. 61
10. Mentioned: Will of Patrick McCutchen brother John decd heirs $2, 1812, Williamson Co., Tennessee, USA. 62
11. He was contained in a pension record on 17 Oct 1832 in Davidson Co., Tennessee, USA. McCutchan, John S13886, Virginia Line, Sol was b. 13 Aug 1570 [prob. 1750?] in augusta co., Virginia & he lived there at enl & he appl there 26 Oct 1832 & was referred to as John McCutchan of Little Calfpastures Virginia. John or John McCutchen, S21369, Virginia Line, sol was b. in 1753 in Augusta Virginia & he lived there at enl & he appl 17 Oct 1832 Davidson Co., Tn, in 1837 a son J. B. McCutcheon (as shown) was Mentioned.
12. Publication: A New McCutchen Paradigm, 2000. 5 3. John b ca 1749 and named after his grandfather; eldest son of James deceased, and under law of primogeniture he, as the eldest grandson, would be the heir-at-law of Pioneer John
John married Elizabeth WEIR ,61 daughter of Hugh WEIR and Margaret McEWEN . Elizabeth was born in 1759 in Rockbridge Co., Virginia, USA and died in 1842 in Logan Co., Kentucky, USA, at age 83.