Charles McCUTCHEON (3) (Samuel-2; Samuel-1) was born in Sloanstown, Donaghadee, County Down, Northern Ireland circa 1812 and he died on the 22nd November 1861 in Dufferin, Ontario. He was buried at Burns Mono Center Cemetery. He was married twice. First to Elizabeth DAVIDSON (1815-1845) circa 1840. Second to Elizabeth Amelia TANNER (3rd June 1816 – 15th October 1900) circa 1845. Her parents were Joseph Tanner and Esther Romnes.
Affidavit Sworn by Charles McCutcheon – 2ND July 1844
Charles McCutcheon of the township of Mulmur in the Simcoe District, and Province of Canada, yeoman, maketh oath and saith that he is the claimant of Lot #26 in the first concession west of Hurontario Street in the said township of Mulmur containing 200 acres as the eldest son and heir at law of the late Samuel McCutcheon of the said lot to be equitable and correct and he is not aware of any adverse or claim or title existing for the premises specified on the part of any person or persons whatsoever excepting the claim of Charlotte Letitia McCutcheon, the mother of this deponent and the wife of the said late Samuel McCutcheon who as this deponent believes lays claim to part or the whole of the said premises and this deponent further saith that the said premises are occupied in part by this deponent who has been residing on the same ever since the death of the said Sam McCutcheon some-time in the year 1829 and also in part by the said mother of this deponent since the death of the said Sam McCutcheon and before that time by the said late Samuel McCutcheon ever since about the year 1827 as this deponent believes and this deponent further saith that there are about 60 acres cleared on said lot and this deponent further saith that of the improvements done in the lot were done by the deponent and that at the time of the death of the said late Samuel McCutcheon there were about ten acres of the said lot cleared and a small dwelling house since gone to ruin upon the said lot and this deponent further saith that he hath frequently seen the location ticket of the said lot before mentioned and that the said location ticket was in the name of the said Samuel McCutcheon and this deponent believes that the said location ticket is now in the possession of the said Charlotte Letitia McCutcheon or in her control that he has some short time since seen it in her possession and requested the said Charlotte Letitia McCutcheon to give the said location ticket to this deponent but that she has always refused to do so. And this deponent saith that he verily believes that he is the oldest son and heir at law of the said late Samuel McCutcheon and that the said Samuel McCutcheon died intestate.
2nd July 1844 Charles McCutcheon.
Will of Charles McCutcheon Senior:
E-1/2 Lot 26, Concession I, Mono to Samuel also 50 acres of the S 1/2 of Lot 8, Concession I EHST Mulmur.
To Joseph 150 Acres of Lot 8, Concession I EHST Mulmur.
To Charles & William the left Lot 16, Concession XXII, Keppel to collect debts due on that property due February 1, 1862.
To Amelia Park $200 payable on March 1, 1863 and $100 payable on March 1, 1864.
To Mary Agnes, Ellen and Theresa he left $200 each to be paid at age 21. Samuel and Joseph were each to pay half of the legacies. They were to pay their mother $40 per year.
Date of Will 19th November 1861 – may be seen at the Orangeville Registry Office.
NOTE: Charles was christened on the 3rd December 1816 in Donaghadee, Ireland in the church of Ireland.
Charles was just a boy of about 11 years old when he made the arduous journey across the ocean. His birth date seems to be a question mark. Somewhere between 1812 and 1816? His christening is not. He was an adolescent when his father died and thrown into the role of “head of household” too young.
From his sworn affidavit in 1844 it seems that he tried to wrest the farm out of his mother’s grasp 8 years before her death in 1852. She held in her possession the location ticket and wasn’t giving it to him. He claimed that he, as the eldest son, was the legal heir – at law.
In 1844, in Canada, females could legally own property. In 1840, The Act of Union united Lower Canada and Upper Canada under one umbrella. Lower Canada was renamed to “Canada East”; Upper Canada to “Canada West.” But females in North America still retained more rights than did their counterparts in Europe and Britain. In Britain, the criteria for females owning property were different.
It is interesting why Charles believed he to be the “legal heir” when in fact he wasn’t. He quarrelled with his brothers and drove them from home and tried to evict his mother from the home she had made for herself. Petitions were circulated by the neighbours and Charles was denied any of the sixty cleared acres. He obtained some other land and received a patent for it. In later years he also obtained land in Mulmur Township. He became the postmaster of Primrose and Camilla.
Folklore tells us that Charles was a teamster and drove the stagecoach over the log roads between Primrose and Beeton, ON. as a young man.
He died relatively young at the age of 49 years estranged from his brothers.
~CHILD OF CHARLES McCUTCHEON AND ELIZABETH DAVIDSON WAS~
Amelia McCUTCHEON (4). “A” following.
~CHILDREN OF CHARLES McCUTCHEON AND ELIZABETH TANNER WERE~
- Mary Marie McCUTCHEON (4). “B” following.
- Samuel McCUTCHEON (4). “C” following.
- Joseph McCUTCHEON (4). “D” following.
- Agnes McCUTCHEON (4. “E” following.
- Ellen McCUTCHEON (4). “F” following.
- Charles McCUTCHEON (4). “G” following.
- William Tanner McCUTCHEON (4). “H” following.
- Theresa Jane McCUTCHEON (4). “I” following.