NUTTER-L Archives

From: <>
Subject: The End Comes for Matthew
Date: Fri, 24 Oct 1997 10:12:02 -0400 (EDT)

Emalu Simpson has uncovered some drama at the Maryland Archives. Death often
came swiftly and unexpectedly in the early 18th century. Perhaps some
exposure, infection, high fever, raging quickly, grief and mourning, then
survivors going on with their lives. Like Death and Taxes, the English
Common Law had to be dealt with. So too the roles of women and men.

Anne Huett was the daughter of the prominent Anglican minister the Rev. John
Huett, founder of Stepney Parish on the Eastern Shore. Her grandfather, the
first Rev. John Huett, had been beheaded by the Cromwellians in the Tower of
London in 1658. Anne probably had had a very good education relative to the
standards of the time. She married Matthew, third son of Christopher (the
colony's Indian Interpreter) and Mary Nutter, in about 1704.

Of the five sons of Christopher and Mary Nutter, it was Matthew and
Christopher (the 2nd) who inherited old Christopher's lands at Nutter's Neck.
They divided the Neck along a "line of division" which is still used as a
property line today. Christopher 2nd headed the household living on the site
we are calling the "Old House Cut" on Manumsco Creek. Matthew and Anne lived
on the east side of the Neck.

As we can see from the following, Christopher 2nd could write. We know from
his Inventory that when he died in 1728, he had many more books in his house
than the Indian Interpreter had.

Death came for Matthew, apparently quickly, in November of 1718.

Emalu's following letter to Jeff Hatfield and her transcriptions of the
attempted will and the associated letters, give us a fascinating glimpse of
what happened next.

Life goes on.

Dave Nutter

Mr. Jeffrey Hatfield
Rt 2, Box 1286
Millsboro, DE 19966

Dear Jeff:

Missed seeing you last month when Dave was here. Enclosed are some copies I
had prepared to give you--my report of the 1798 Federal Tax and an index of
the Nutter probate records at the State Archives. The latter record was the
source for a very interesting find!

It seems that the Archives has an original will for Matthew Nutter (d.1718).
Since all previous accounts state that Matthew died intestate, I was very
curious about this reference. I finally had a chance to visit the Archives
last Wednesday to get to the bottom of it all.

Sure enough, there was an original will; however, it was never entered into
probate. Apparently, it was written by Christopher Nutter, Matthew's brother,
at the direction of Matthew's wife, Ann Huitt Nutter. The will was written
within hours of his death and Matthew was "out of his senses". Ann claimed
to know her husband's desires and convinced her brother-in-law, Christopher2
to sign Matthew's name when he proved too ill to sign for himself.
Christopher apparently regretted his actions and later gave an affidavit
refuting that the document was in fact the will of his deceased brother,
Matthew. Enclosed is a copy of the Archive records and my transcriptions.

I'm not sure whether the land divisions directed in the will were actually
followed in the final distribution, but it does provide another clue. It
also answers the question whether Matthew and Ann lived at Nutter's Neck or
at Contention. I believe she lived in Nutter's Neck until Matthew's death
and then moved to Contention where she lived when she died. It appears that
Matthew and Ann lived on the northern half of the tract closer to Manumsco
than Quantico. Dave says he knows about where the dwelling was located.

It is also interesting to see that they spelled Huitt with an "i" and two
"t's". I only hope that Christopher's spelling of proper names was more
accurate than his spelling in general. I was impressed that the legal form
of the document, while not perfect, had most of the elements required except,
of course, for the forged signature. I have often suspected that educated
colonials may have sometimes drawn up their own legal documents because of
the inconvenience of locating a legal solicitor. Travel was always an
obstacle and I suspect that many sought a minimal education in matters of law
in order to be of service to themselves and their neighbors. The later will
of Matthew Nutter, Jr., son of Matthew and Ann, appears to me to have been
composed by his own hand and something in the style makes me conclude that he
was educated not only in the law, but also in theology.

The will also gives the approximate date of Matthew's death, November 11,
1718. The will was witnessed by Rachel Evans (was this Ann's mother or
perhaps her half-sister) and Oliver Such, perhaps a servant or neighbor.
Rachel Evans signed her name and Oliver Such made his mark.

It was thrilling to hold the same papers which were touched by Christopher
and Ann. It was also nice to see such a large sample of Christopher2's own
handwriting. Most probate records are merely clerk's copies. It is not hard
to conjure up an image of the distressed family keeping a death vigil over
the fevered and delirious Matthew; a brother-in-law cooperating with the soon
to be widow so as not to cause her even more upset; Ann's mother or one of
her sisters having been summoned to help her cope; a trusted servant or
neighbor called away from his usual duties to attend the family.

As you can see, I have had great fun with my discovery! Hope you enjoy it as
much.

Sincerely,

Emalu Myer Simpson

Enclosures

cc: Dave Nutter

(transcription of the will of Matthew Nutter, son of Christopher and Mary
[Dorman] Nutter, deceased 1718)

(first page)

To the
Honoured Thomas Bordley
Esquire at ye City of Annappolis
Thy Humbly present
who is hereby Humbly Intreated
to take Notice of ye Enclosed

(new page)
?
Papers Relateing to
Mathew Nutters Will
? ? ? whether ye
will must be heeded?

(new page)

October 10, 1719

Mr. Martin Sir,

Whereas I am certainely informed ye Matthew Nutter deceased
knew nothing of ye will that was made for the dispos of his Estate,
we think proper to refer ye probate will further. Advise if you
pleas propose ye matter to ? Bordley & know his mind in ye matter
in behalfe of ? your Oblidged Sert:to? Command SR Hopkins

To Mr. Robert Martin ?

(new page)

Honoured Sr:

The Enclosed is a will of Matthew Nutters deceased Together with a
certificate of Christopher Nutter and Oliver Such Two of the Evidences to the
Said Will: Who when they came before me to prove ye same did utterly refute
so to doe sayeing that he writ it by ye direction of ye deceased wife, whoe
said she knew his mind, which will more fully appear to your Honour by ye
said certificate, Therefore doe humbly refer ye same to your Honoured
Judgment whither it maye Amount to a will or hoe and by the Earnest Request
of the widdow whoe Desireth me to Petition your Honour that you be pleased
upon your determination of the matter to quallifie me by your Speatiail Order
& Instructions that she maye Administer here in the County without being put
to ye trouble of going to ye Prerogative Court which is Certified by Sr: your
Hon.rs Ever Oblidged Most Humble Servant

March the 13th: 1719
T R Hopkins

(new page)

November 11th, 1718

In the name of God Amen I Matthew Nutter being weak of body butt parfictt
mind and memory revocking all former wills doo mack this my last will and
testamen

I give and beequane untoo my well beloved wife too negros one called ?amb
and Darby.

Item I give unto my (note: crossed through and written over - cannot read)
Ann Nutter on mallatto woman named Pegg and her encres from hence for ward
Those three negros above specified is Ann Nutter proper estat (note:
difficult to read).

Item I give untto my sun Huitt Nutter on negro boy called ?ight?

Item I give too my sun Matthew Nutter on negro boy called Dominack

Item I give and beqane untto my too suns all the land which I have in this
neck I am now living on and all the land which is my due(?) being fifty acres
att the head of Monumcoo called Morises Lott and all the restt of my estate
eqall be twext? them all This plantacion land too my sun Matthew Nutter and
too my sun Huitt Nutter Land on Quantico and all my lands too be equall
derided bettween my too suns

I leave too my wife the third partt of my dwelling planttacion I give untto
my daghtr Rachell Nutter on negro garll too be bought by my wife outt of her
proper esttatt of thurty pouds wortth too be? huts att sixteen yers oulld and
my daghtr Rache11 to have hut eqall partt of my esttatt left and my too boys
too bee att agge att eighten year oulld and ? to receive their boll estatt I
doo leave Niclos Evans and Christopher Nutter overseers of the holl sums
above disposed(?). Signed Sealed and dillivered in the presentts of us

MATTHEW NUTTER

Christopher Nutter
Rachell Evans
his
Oliver Such
mark

(new page)

There is writting or Will which will apear bee for you Now hear the
Subscriber doo give too you the form and way it was pitt dun and actted My
brother Matt Nutter art his disseas aboutt on day or the bee for he died was
asked too mach his will butt seamed too bee outt of his sences his wife did
say shee Naw his Last desire and Will as she directted too the finis of the
will and carried it too him butt semed too bee clear outt of his sences. So
by his wifes desire I putt his name too the sam and now do think thatt ar ?
If Matt Nutter had bin in his sences it wod nott bin nooways after thatt form

From you mostt humble Sarventt
Honorable Thomas Bodley Esquire

Christopher Nutter

his
Oliver Such
mark

November 19th, 1719

(new page)

Exd April 12
Warrant ????
to Grant Letters of Administration
to ye widdow without haveing
any regard to the Will

(note: The back of the will has an unreadable sentence followed by the
signatures of Christopher and William Nutter)

(transcribed by Emalu Myer Simpson, September 1997, used with her permission)

Ann Huett went on to remarry, to a Mr. Alexander Leckie in April of 1724.
They seem to have moved back to her father's estate, "Contention", which
became the site of the 1733 Old Green Hill Church on the Wicomico River. The
son "Huitt" referred to in Christopher's handwriting was John Huett Nutter
who became a substantial farmer, landowner and businessman at Nutters Neck.
Matthew, the younger son of Matthew and Anne, died, at age 27 , in 1737. We
suspect, but do not know, that Anne may have wanted her younger son Matthew
to become a minister, following in the footsteps of his grandfather and
great-grandfather. John Huett Nutter, who appears to have traveled to London
in his life, inherited some or all of Anne's inherited estate at "Contention"
and also his grandfather's (and great-grandfather's) lands in South Wales in
Great Britain. Out of his inheritance at Contention, he contributed to the
lands which were assembled for the Old Green Hill Church. John Huett
Nutter's son, who was also named Huett (or "Huitt", as the spelling never
stabilized, before or after) Nutter also, went to England to live in the
1750's, and the records characterize him as both a "mariner" and an
"attorney". He was strongly favored in his grandmother's will. He served as
a Lieutenant in the Rewastico Company of the Somerset County Militia in the
American Revolution, where he ran into some interesting trouble - apparently
about loyalty - with his commanding officer, Colonel George Dashiell, the
same George Dashiell who had witnessed his father's will. It appears that
this Huett, Anne's grandson, was the one who sold the eastern half of
Nutter's Neck.

It also appears, in the naming of John Huett Nutter, her son, and Huett
Nutter, her grandson, that we see the signs of Anne, as a mother and
grandmother, wanting to keep the memories of her prominent father and
grandfather, the two Rev. John Huetts, alive.

One interesting thing - the lands that the two boys, John Huett and Matthew,
received at Nutter's Neck were just the opposite of what the attempted will
said.

My guess is this. I believe that Anne Huett, daughter of a prominent family,
was probably a remarkable and a strong woman of her time, and I sense also
(by some Darwinian principle of mutual attraction in marriage) that Matthew
may have been in the upper percentile of "intellectual tendency" (relative to
the time and place) among the Nutters. Conversely, I imagine Anne's
knowledge of farming and farming lands may have just possibly left a little
to be desired. Something about Christopher's spelling makes me think he was
probably awfully good at farming. Therein, I believe, lay whatever issue
there was.

As Emalu Simpson has pointed out in the past, there doesn't seem to be any
indication of serious long-term strife within this family. This matter of
Matthew's death and will, or lack thereof, was just a crisis that flared up,
caused confusion, and then was gone.

But it always seems to be some trouble or conflict that raises things up into
the light of history. I've never found much about joyous weddings or
celebrations of other successes.

We'll just have to use our imaginations about those!

Dave Nutter

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